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FIL-115-97 Attachment B

[Federal Register: October 27, 1997 (Volume 62, Number 207)]

[Proposed Rules]

[Page 55686-55692]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr27oc97-28]


 

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DEPARTMENT OF THE TREASURY


 

Office of the Comptroller of the Currency


 

12 CFR Part 3


 

[Docket No. 97-19]

RIN 1557-AB14


 

FEDERAL RESERVE SYSTEM


 

12 CFR Part 208


 

[Regulation H; Docket No. R-0947]


 

FEDERAL DEPOSIT INSURANCE CORPORATION


 

12 CFR Part 325


 

RIN 3064-AB96


 

DEPARTMENT OF THE TREASURY


 

Office of Thrift Supervision


 

12 CFR Part 567


 

[Docket No. 97-36]

RIN 1550-AA98



 

Risk-Based Capital Standards: Construction Loans on Presold

Residential Properties; Junior Liens on 1- to 4-Family Residential

Properties; and Mutual Funds and Leverage Capital Standards: Tier 1

Leverage Ratio


 

AGENCIES: Office of the Comptroller of the Currency, Treasury; Board of

Governors of the Federal Reserve System; Federal Deposit Insurance

Corporation; and Office of Thrift Supervision, Treasury.


 

ACTION: Joint notice of proposed rulemaking.


 

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SUMMARY: The Office of the Comptroller of the Currency (OCC), the Board

of Governors of the Federal Reserve System (Board), the Federal Deposit

Insurance Corporation (FDIC), and the Office of Thrift Supervision

(OTS) (collectively, the Agencies) are proposing to amend their

respective risk-based capital standards and leverage capital standards

for banks and thrifts. The proposal would represent a significant step

in implementing section 303 of the Riegle Community Development and

Regulatory Improvement Act of 1994, with regard to the Agencies'

capital adequacy standards. (Section 303 requires the Agencies to work

jointly to make uniform their regulations and guidelines implementing

common statutory or supervisory policies.) The effect of the proposal

would be that the Agencies would have uniform risk-based capital

treatments for construction loans on presold residential properties,

real estate loans secured by junior liens on 1- to 4-family residential

properties, and investments in mutual funds, as well as uniform and

simplified minimum Tier 1 capital leverage standards.


 

DATES: Comments must be received on or before December 26, 1997.


 

ADDRESSES: Comments should be directed to:

OCC: Comments may be submitted to Docket No. 97-19, Communications

Division, Third Floor, Office of the Comptroller of the Currency, 250 E

Street, S.W., Washington, D.C., 20219. Comments will be available for

inspection and photocopying at that address. In addition, comments may

be sent by facsimile transmission to FAX number (202) 874-5274, or by

electronic mail to REGS.COMMENTS@OCC.TREAS.GOV.

Board: Comments directed to the Board should refer to Docket No. R-

0947 and may be mailed to William W. Wiles, Secretary, Board of

Governors of the Federal Reserve System, 20th Street and Constitution

Avenue, N.W., Washington D.C., 20551. Comments may also be delivered to

Room B-2222 of the Eccles Building between 8:45 a.m. and 5:15 p.m.

weekdays, or the guard station in the Eccles Building courtyard on 20th

Street, N.W. (between Constitution Avenue and C Street) at any time.

Comments may be inspected in Room MP-500 of the Martin Building


 

[[Page 55687]]


 

between 9 a.m. and 5 p.m. weekdays, except as provided in 12 CFR 261.8

of the Federal Reserve's Rules Regarding Availability of Information.

FDIC: Written comments should be sent to Robert E. Feldman,

Executive Secretary, Attention: Comments/OES, Federal Deposit Insurance

Corporation, 550 17th Street N.W., Washington, D.C. 20429. Comments may

be hand delivered to the guard station at the rear of the 17th Street

building (located on F Street) on business days between 7:00 a.m. and

5:00 p.m. (FAX number (202) 898-3838; Internet address:

comments@fdic.gov). Comments may be inspected and photocopied in the

FDIC Public Information Center, Room 100, 801 17th Street, N.W.,

Washington, D.C. 20429, between 9:00 a.m. and 4:30 p.m. on business

days.

OTS: Send comments to Manager, Dissemination Branch, Records

Management and Information Policy, Office of Thrift Supervision, 1700 G

Street, N.W., Washington, D.C. 20552, Attention Docket No. 97-36. These

submissions may be hand-delivered to 1700 G Street, N.W., from 9:00

a.m. to 5:00 p.m. on business days; they may be sent by facsimile

transmission to FAX number (202) 906-7755; or they may be sent by e-

mail: public.info@ots.treas.gov. Those commenting by e-mail should

include their name and telephone number. Comments will be available for

inspection at 1700 G Street, N.W., from 9:00 a.m. until 4:00 p.m. on

business days.


 

FOR FURTHER INFORMATION CONTACT:


 

OCC: Roger Tufts, Senior Economic Advisor (202/874-5070), Tom

Rollo, National Bank Examiner (202/874-5070), Capital Policy Division;

or Ronald Shimabukuro, Senior Attorney (202/874-5090), Legislative and

Regulatory Activities Division.

Board: Roger Cole, Associate Director (202/452-2618), Norah Barger,

Assistant Director (202/452-2402), Barbara Bouchard, Senior Supervisory

Financial Analyst (202/452-3072), Division of Banking Supervision and

Regulation. For the hearing impaired only, Telecommunication Device for

the Deaf (TDD), Diane Jenkins (202/452-3544).

FDIC: For supervisory issues, Stephen G. Pfeifer, Examination

Specialist, Accounting Section, Division of Supervision (202/898-8904);

for legal issues, Jamey Basham, Counsel, Legal Division (202/898-7265).

OTS: John F. Connolly, Senior Program Manager for Capital Policy,

(202/ 906-6465), Michael D. Solomon, Senior Policy Advisor (202/906-

5654), Supervision Policy; or Karen Osterloh, Assistant Chief Counsel,

(202/906-6639), Regulations and Legislation Division, Office of the

Chief Counsel.


 

SUPPLEMENTARY INFORMATION: Section 303(a)(2) of the Riegle Community

Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4803(a))

(Riegle Act) provides that the Agencies shall, consistent with the

principles of safety and soundness, statutory law and policy, and the

public interest, work jointly to make uniform all regulations and

guidelines implementing common statutory or supervisory policies.

Section 303(a)(1) of the Riegle Act requires the Agencies to review

their own regulations and written policies and to streamline those

regulations and policies where possible. To fulfill the section 303

mandate, the Agencies have been reviewing, on an interagency basis and

internally, their capital standards to identify areas where they have

substantively different capital treatments or where streamlining is

appropriate. As a result of these reviews, the Agencies have identified

inconsistencies in the risk-based capital treatment of certain types of

transactions, in particular, construction loans on presold residential

properties, loans secured by junior liens on 1-to 4-family residential

properties, and investments in mutual funds.1 The Agencies

also believe that the minimum leverage capital standards could be

streamlined and made uniform among the Agencies.

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\1\ The Agencies also identified inconsistencies in their

treatment of transactions supported by qualifying collateral, which

are addressed in a pending joint notice of proposed rulemaking, 61

FR 42565 (August 16, 1996).

---------------------------------------------------------------------------


 

The Agencies are proposing various amendments to their risk-based

capital and leverage standards to eliminate these differences and to

streamline their rules.


 

Proposed Amendments


 

Construction Loans on Presold Residential Property


 

The Agencies all assign a qualifying loan to a builder to finance

the construction of a presold 1-to 4-family residential property to the

50 percent risk weight category, provided the borrower has a

substantial equity interest in the project, the property has been

presold under a binding contract, the purchaser has a firm commitment

for a permanent qualifying mortgage loan, and the purchaser has made a

substantial earnest money deposit. Under the OCC and OTS rules, the

construction loan may not receive a 50 percent risk weight unless,

prior to the extension of credit to the builder, the property was sold

to an individual who will occupy the residence upon completion of

construction. Under the capital rules of the Board and the FDIC,

however, such loans to builders for residential construction are

eligible for a 50 percent risk weight once the property is sold, even

if the sale occurs after the construction loan has been made.

The Agencies are proposing to eliminate this difference by

permitting qualifying residential construction loans to become eligible

for the 50 percent risk weight category at the time the property is

sold, even if that sale occurs after the institution has made the loan

to the builder. In this regard, the OCC and OTS are proposing revised

regulatory language that would permit this treatment because

construction loans for residences sold to individual purchasers are

equally safe regardless of whether sold before or after the loan is

made to the builder. The Board is proposing a revision to its

regulatory language to conform its discussion of qualifying

construction loans to builders to the language of the FDIC.


 

Junior Liens on 1- to 4-Family Residential Properties


 

The Agencies are not uniform in their risk-based capital treatment

of real estate loans secured by junior liens on 1-to 4-family

residential properties when the lending institution also holds the

first lien and no other party holds an intervening lien. In such cases,

the Board views both loans as a single extension of credit secured by a

first lien held by the lending institution and, accordingly, assigns

the combined loan amount to either the 50 percent or 100 percent risk

weight category depending upon whether certain other criteria are met.

One criterion to qualify for a 50 percent risk weight is that the

loan must be made in accordance with prudent underwriting standards,

including an appropriate ratio of the current loan balance to the value

of the property (the loan-to-value or LTV ratio).2 When

considering whether a loan is consistent with prudent underwriting

standards, the Board evaluates the LTV ratio based on the combined loan

amount. If the combined loan amount satisfies prudent underwriting

standards, both the first and second lien are assigned to the 50

percent risk weight category. The FDIC


 

[[Page 55688]]


 

also combines the first and second liens to determine the

appropriateness of the LTV ratio, but it applies the risk weights

differently than the Board. If the combined loan amount satisfies

prudent underwriting standards, the FDIC risk weights the first lien at

50 percent and the second lien at 100 percent; otherwise, both liens

are risk weighted at 100 percent. The OCC treats all first and junior

liens separately, even if the lending institution holds both liens and

no party holds an intervening lien. Qualifying first liens are risk

weighted at 50 percent, and non-qualifying first liens and all junior

liens are risk weighted at 100 percent. The OTS definition of

qualifying mortgage in its capital rule parallels that of the OCC, but

in response to specific inquiries, the OTS has interpreted this

provision to treat first and second mortgage loans to a single

individual with no intervening liens as a single extension of credit.

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\2\ Other criteria include that the loan may not be 90 days or

more past due or carried in nonaccrual status. The OTS rule also

specifies that the documented LTV ratio may not exceed 80 percent of

the securing real estate, unless the loan amount over the 80 percent

LTV threshold is insured by qualifying private mortgage insurance.

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The Agencies have decided to propose adopting the OCC's capital

treatment of junior liens as the uniform interagency approach because

it is simple to implement and monitor, and it treats all junior liens

consistently. Under this approach, all junior liens would be assigned

to the 100 percent risk weight category. The Board and the FDIC are

proposing conforming revisions to their risk-based capital standards.

The OTS would revisit its policy interpretation of its current rule,

which parallels the OCC's text.


 

Mutual Funds


 

The Board and FDIC generally assign all of an institution's

investment in a mutual fund to the risk weight category appropriate to

the highest risk weighted asset that a particular mutual fund is

permitted to invest in pursuant to its prospectus. As a general rule,

the OCC applies the same treatment, but permits, on a case-by-case

basis, an institution's investment to be allocated on a pro-rata basis

among risk weight categories based on the percentages of a portfolio

authorized to be invested in assets in a particular risk weight

category as set forth in the fund's prospectus. The OTS generally

assigns all of an institution's investment in a mutual fund to the risk

weight category applicable to the highest risk weighted asset that the

fund actually holds at a particular time. The OTS, however, on a case-

by-case basis, permits pro-rata allocation among risk weight categories

based on the fund's actual holdings. All of the Agencies' rules provide

that the minimum risk weight for investments in mutual funds is 20

percent.

The Agencies are proposing to achieve uniformity in the capital

treatment of an institution's investments in mutual funds by generally

assigning the institution's total investment to the risk category

appropriate to the highest risk weighted asset the fund is permitted to

hold in accordance with its stated investment limits set forth in the

prospectus. The Agencies, however, are proposing to allow an

institution, at its option, to assign the investment on a pro-rata

basis to different risk weight categories according to the investment

limits in the fund's prospectus, but in no case will indirect holdings

through shares in a mutual fund be assigned to a risk weight less than

20 percent. For example, an institution's investment in a mutual fund

that is authorized, in accordance with its prospectus, to invest up to

40 percent of its portfolio in corporate bonds and the remainder in

U.S. government bonds, normally would be placed in the 100 percent

risk-weight category. However, the institution could choose to place

only 40 percent of its investment in the 100 percent risk weight

category and the remainder in the 20 percent risk weight category. The

proposed rules note that if a mutual fund is permitted to contain an

insignificant quantity of highly liquid securities of superior quality

that do not qualify for a preferential risk weight, such securities

generally will be disregarded in determining the risk weight for the

overall fund. The Agencies also emphasize that any activities which are

speculative in nature or otherwise inconsistent with the preferential

risk weighting assigned to the fund's assets could result in the mutual

fund investment being assigned to the 100 percent risk category.


 

Tier 1 Leverage Ratio


 

The Agencies' Tier 1 leverage ratio (that is, the ratio of Tier 1

capital to total assets) is an indicator of an institution's capital

adequacy and places a constraint on the degree to which an institution

can leverage its equity capital base. The Board, FDIC, and OCC require

the most highly-rated institutions--that is, those with, among other

things, a composite 1 rating under the Uniform Financial Institutions

Rating System (UFIRS) 3--to meet a minimum leverage ratio of

3.0 percent. The minimum leverage ratio for other institutions is 3.0

percent ``plus an additional cushion of at least 100 to 200 basis

points.''

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\3\ The UFIRS is used by supervisors to summarize their

evaluations of the strength and soundness of financial institutions

in a comprehensive and uniform manner.

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All four Agencies' prompt corrective action (PCA) rules require

institutions to satisfy a 4.0 percent leverage ratio (3.0 percent for

institutions with a composite 1 rating under the UFIRS) to be

considered ``adequately capitalized.'' The OTS capital rule includes a

3.0 percent core (Tier 1) capital requirement,4 but the 4.0

percent standard to be adequately capitalized under the Agencies' PCA

rules has been the controlling thrift leverage standard.

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\4\ The OTS's core capital ratio is the OTS equivalent to the

other agencies' Tier 1 leverage ratio. OTS is proposing to add

definitions of Tier 1 capital and Tier 2 capital to clarify that

these are equivalent to core and supplementary capital,

respectively.

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The Agencies are proposing revisions to their leverage capital

standards so that the most highly-rated institutions would be subject

to a minimum 3.0 percent leverage ratio and all other institutions

would be subject to a minimum 4.0 percent leverage ratio (the same

standard used to be adequately capitalized under their PCA rules). This

proposed change would simplify and streamline the Agencies' leverage

rules.

In addition, it would make the OTS Tier 1 leverage standard

consistent with the current standard to be ``adequately capitalized''

under all four agencies' PCA rules and with the other agencies' Tier 1

leverage standards. The OTS is also proposing to be consistent with the

other three agencies by explicitly clarifying that the prescribed

leverage standard is a minimum standard for financially strong

institutions, that higher capital may be required if warranted, and

that institutions should maintain capital levels consistent with their

risk exposure.

The Agencies request comment on all aspects of this proposal.

Comment is specifically requested on the proposed treatment of first

and second mortgages, which places qualifying first mortgages on 1- to

4-family residential properties in the 50 percent risk-weight category

and all second mortgages in the 100 percent risk-weight category.

Please comment on whether the combined loan-to-value ratio of a first

and second mortgage to the same borrower, or some other criteria,

provides a sound basis for modifying the proposed capital treatment of

such first and second mortgages. Comment is also specifically requested

on the 20 percent minimum risk weight applied to banks' investments in

mutual funds. In particular, commenters are encouraged to discuss

whether 20 percent is too low or too high as a lower bound in light of

mutual funds' various credit, operational, and legal risks, and where

these risks lie.


 

[[Page 55689]]


 

Regulatory Flexibility Act Analysis


 

OCC Regulatory Flexibility Act Analysis


 

Pursuant to section 605(b) of the Regulatory Flexibility Act, the

OCC certifies that this proposed rule would not have a significant

economic impact on a substantial number of small entities in accord

with the spirit and purposes of the Regulatory Flexibility Act (5

U.S.C. 601 et seq.). Accordingly, a regulatory flexibility analysis is

not required. The proposed rule would reduce regulatory burden by

unifying the Agencies' risk-based capital treatment for presold

construction loans, junior liens, and investments in mutual funds, and

simplifying the Tier 1 leverage standards. The economic impact of this

proposed rule on banks, regardless of size, is expected to be minimal.


 

Federal Reserve Board Regulatory Flexibility Act Analysis


 

Pursuant to section 605(b) of the Regulatory Flexibility Act, the

Board does not believe this proposal would have a significant impact on

a substantial number of small business entities in accord with the

spirit and purposes of the Regulatory Flexibility Act (5 U.S.C. 601 et

seq.). Accordingly, a regulatory flexibility analysis is not required.

The effect of the proposal would be to reduce regulatory burden on

depository institutions by unifying the Agencies' risk-based capital

treatment for presold construction loans, junior liens, and investments

in mutual funds, and simplifying the Tier 1 leverage standards. The

economic impact of the proposed rule on institutions, regardless of

size, is expected to be minimal.


 

FDIC Regulatory Flexibility Act Analysis


 

Pursuant to section 605(b) of the Regulatory Flexibility Act (Pub.

L. 96-354, 5 U.S.C. 601 et seq.), it is certified that the proposal

would not have a significant impact on a substantial number of small

entities. The effect of the proposal would be to simplify depository

institutions' capital calculations.


 

OTS Regulatory Flexibility Act Analysis


 

Pursuant to section 605(b) of the Regulatory Flexibility Act, the

OTS certifies that this proposed rule will not have a significant

economic impact on a substantial number of small entities. The effect

of the proposal would be to reduce regulatory burden on depository

institutions by simplifying the treatment of junior liens, permitting

institutions to risk weight holdings in a mutual fund on a pro rata

basis, and making OTS' Tier 1 leverage ratio consistent with its

current standard to be adequately capitalized under PCA. In addition,

the proposal will eliminate various inconsistencies in the risk-based

capital treatments applied by the Agencies.


 

Paperwork Reduction Act


 

The Agencies have determined that the proposed rule does not

involve a collection of information pursuant to the provisions of the

Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).


 

OCC and OTS Executive Order 12866 Determination


 

The OCC and the OTS have determined that this proposed rule does

not constitute a ``significant regulatory action'' for the purposes of

Executive Order 12866.


 

OCC and OTS Unfunded Mandates Reform Act of 1995 Determinations


 

Section 202 of the Unfunded Mandates Reform Act of 1995, Pub. L.

104-4 (Unfunded Mandates Act) requires that an agency prepare a

budgetary impact statement before promulgating a rule that includes a

Federal mandate that may result in expenditure by State, local, and

tribal governments, in the aggregate, or by the private sector, of $100

million or more in any one year. If a budgetary impact statement is

required, section 205 of the Unfunded Mandates Act also requires an

agency to identify and consider a reasonable number of regulatory

alternatives before promulgating a rule. As discussed in the preamble,

this proposed rule is limited to changing the risk weighting of presold

residential construction loans, second liens, and mutual fund

investments under the Agencies' risk-based capital rules. It also

establishes a uniform, simplified leverage requirement for all

institutions. In addition, with respect to the OCC, this proposal

clarifies and makes uniform existing regulatory requirements for

national banks. The OCC and OTS have therefore determined that the

proposed rule will not result in expenditures by State, local, or

tribal governments or by the private sector of $100 million or more.

Accordingly, the OCC and OTS have not prepared a budgetary impact

statement or specifically addressed the regulatory alternatives

considered.


 

List of Subjects


 

12 CFR Part 3


 

Administrative practice and procedure, Capital, National banks,

Reporting and recordkeeping requirements, Risk.


 

12 CFR Part 208


 

Accounting, Agriculture, Banks, banking, Confidential business

information, Crime, Currency, Federal Reserve System, Mortgages,

Reporting and recordkeeping requirements, Securities.


 

12 CFR Part 325


 

Bank deposit insurance, Banks, banking, Capital adequacy, Reporting

and recordkeeping requirements, Savings associations, State non-member

banks.


 

12 CFR Part 567


 

Capital, Reporting and recordkeeping requirements, Savings

associations.


 

Authority and Issuance


 

Office of the Comptroller of the Currency


 

12 CFR CHAPTER I


 

For the reasons set out in the joint preamble, part 3 of chapter I

of title 12 of the Code of Federal Regulations is proposed to be

amended as follows:


 

PART 3--MINIMUM CAPITAL RATIOS; ISSUANCE OF DIRECTIVES


 

1. The authority citation for part 3 continues to read as follows:


 

Authority: 12 U.S.C. 93a, 161, 1818, 1828(n), 1828 note, 1831n

note, 1835, 3907, and 3909.


 

2. In Sec. 3.6, paragraph (c) is revised to read as follows:


 

Sec. 3.6 Minimum capital ratios.


 

* * * * *

(c) Additional leverage ratio requirement. An institution operating

at or near the level in paragraph (b) of this section is expected to

have well-diversified risks, including no undue interest rate risk

exposure; excellent control systems; good earnings, high asset quality;

high liquidity; and well managed on- and off-balance sheet activities;

and in general be considered a strong banking organization, rated

composite 1 under the Uniform Financial Institutions Rating System

(CAMELS) rating system of banks. For all but the most highly-rated

banks meeting the conditions set forth in this paragraph, the minimum

Tier 1 leverage ratio is to be 4 percent. In all cases, banking

institutions should hold capital commensurate with the level and nature

of all risks.

3. In appendix A to part 3, section 3., the second undesignated

paragraph and paragraph (a)(3)(iv) are revised to read as follows:


 

[[Page 55690]]


 

APPENDIX A TO PART 3--RISK BASED CAPITAL GUIDELINES


 

* * * * *


 

Section 3. Risk Categories/Weights for On-Balance Sheet Assets and

Off-Balance Sheet Items


 

* * * * *

Some of the assets on a bank's balance sheet may represent an

indirect holding of a pool of assets, e.g., mutual funds, that

encompass more than one risk weight within the pool. In those

situations, the bank may assign the asset to the risk category

applicable to the highest risk-weighted asset that pool is permitted

to hold pursuant to its stated investment objectives in the fund's

prospectus. Alternatively, the bank may assign the asset on a pro

rata basis to different risk categories according to the investment

limits in the fund's prospectus. In either case, the minimum risk

weight that the bank may assign to such a pool is 20 percent. If, in

order to maintain a necessary degree of liquidity, the fund is

permitted to hold an insignificant amount of its investments in

short-term, highly-liquid securities of superior credit quality

(that do not qualify for a preferential risk weight), such

securities generally will not be taken into account in determining

the risk category into which the bank's holding in the overall pool

should be assigned. The prudent use of hedging instruments by a

mutual fund to reduce the risk of its assets will not increase the

risk weighting of that fund above the 20 percent category. More

detail on the treatment of mortgage-backed securities is provided in

section 3(a)(3)(vi) of this appendix A.

(a) * * *

(3) * * *

(iv) Loans to residential real estate builders for one-to-four

family residential property construction, if the bank obtains

sufficient documentation demonstrating that the buyer of the home

intends to purchase the home (i.e., a legally binding written sales

contract) and has the ability to obtain a mortgage loan sufficient

to purchase the home (i.e., a firm written commitment for permanent

financing of the home upon completion), subject to the following

additional criteria:

* * * * *


 

Dated: September 29, 1997.

Eugene A. Ludwig,

Comptroller of the Currency.


 

Federal Reserve System


 

12 CFR CHAPTER II


 

For the reasons set forth in the joint preamble, part 208 of

chapter II of title 12 of the Code of Federal Regulations is proposed

to be amended as follows:


 

PART 208--MEMBERSHIP OF STATE BANKING INSTITUTIONS IN THE FEDERAL

RESERVE SYSTEM (REGULATION H)


 

1. The authority citation for part 208 continues to read as

follows:


 

Authority: 12 U.S.C. 24, 36, 92(a), 93(a), 248(a), 248(c), 321-

338a, 371d, 461, 481-486, 601, 611, 1814, 1816, 1818, 1820(d)(9),

1823(j), 1828(o), 1831, 1831o, 1831p-1, r-1, 1835(a), 1882, 2901-

2907, 3105, 3310, 3331-3351, and 3906-3909; 15 U.S.C. 78b, 78l(b),

78l(g), 78l(i), 78o-4(c)(5), 78q, 78q-1, and 78w; 31 U.S.C. 5318; 42

U.S.C. 4012a, 4104a, 4104b, 4106, and 4128.


 

2. In appendix A to part 208, section III. A., footnote 21 is

revised to read as follows:


 

APPENDIX A TO PART 208--CAPITAL ADEQUACY GUIDELINES FOR STATE

MEMBER BANKS: RISK-BASED MEASURE


 

* * * * *

III. * * *

A. * * * 21

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\21\ An investment in shares of a mutual fund whose portfolio

consists solely of various securities or money market instruments

that, if held separately, would be assigned to different risk

categories, generally is assigned to the risk category appropriate

to the highest risk-weighted asset that the fund is permitted to

hold in accordance with the stated investment objectives set forth

in the prospectus. The bank may, at its option, assign the

investment on a pro rata basis to different risk categories

according to the investment limits in the fund's prospectus, but in

no case will indirect holdings through shares in any mutual fund be

assigned to a risk weight less than 20 percent. If, in order to

maintain a necessary degree of short-term liquidity, a fund is

permitted to hold an insignificant amount of its assets in short-

term, highly liquid securities of superior credit quality that do

not qualify for a preferential risk weight, such securities

generally will be disregarded in determining the risk category into

which the bank's holding in the overall fund should be assigned. The

prudent use of hedging instruments by a mutual fund to reduce the

risk of its assets will not increase the risk weighting of the

mutual fund investment. For example, the use of hedging instruments

by a mutual fund to reduce the interest rate risk of its government

bond portfolio will not increase the risk weight of that fund above

the 20 percent category. Nonetheless, if the fund engages in any

activities that appear speculative in nature or has any other

characteristics that are inconsistent with the preferential risk

weighting assigned to the fund's assets, holdings in the fund will

be assigned to the 100 percent risk category.

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* * * * *

3. In appendix A to part 208, section III.C.3. is amended by

removing and reserving footnote 34 and by adding a new sentence to the

end of the first paragraph of footnote 35 to read as follows:

* * * * *

III. * * *

C. * * *

3. * * * 35

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\35\ * * * Such loans to builders will be considered prudently

underwritten only if the bank has obtained sufficient documentation

that the buyer of the home intends to purchase the home (i.e., has a

legally binding written sales contract) and has the ability to

obtain a mortgage loan sufficient to purchase the home (i.e., has a

firm written commitment for permanent financing of the home upon

completion).

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* * * * *

4. In appendix B to part 208, section II.a. is revised to read as

follows:


 

APPENDIX B TO PART 208--CAPITAL ADEQUACY GUIDELINES FOR STATE

MEMBER BANKS: TIER 1 LEVERAGE MEASURE


 

* * * * *

II. * * *

a. For a strong banking organization (rated composite 1 under

the UFIRS rating system of banks) the minimum ratio of Tier 1

capital to total assets is 3.0 percent. Such institutions must not

be anticipating or experiencing significant growth, and are expected

to have well-diversified risk (including no undue interest rate risk

exposure), excellent asset quality, high liquidity, good earnings,

and in general to be considered a strong banking organization. For

all other institutions, the minimum ratio is 4.0 percent. Higher

capital ratios could be required if warranted by the particular

circumstances or risk profiles of individual banks. In all cases,

banking institutions should hold capital commensurate with the level

and nature of all risks, including the volume and severity of

problem loans, to which they are exposed.

* * * * *

By order of the Board of Governors of the Federal Reserve

System, October 21, 1997.

William W. Wiles,

Secretary of the Board.


 

Federal Deposit Insurance Corporation


 

12 CFR CHAPTER III


 

For the reasons set forth in the joint preamble, part 325 of

chapter III of title 12 of the Code of Federal Regulations is proposed

to be amended as follows:


 

PART 325--CAPITAL MAINTENANCE


 

1. The authority citation for part 325 continues to read as

follows:


 

Authority: 12 U.S.C. 1815(a), 1815(b), 1816, 1818(a), 1818(b),

1818(c), 1818(t), 1819(Tenth), 1828(c), 1828(d), 1828(i), 1828(n),

1828(o), 1831o, 1835, 3907, 3909, 4808; Pub. L. 102-233, 105 Stat.

1761, 1789, 1790 (12 U.S.C. 1831n note); Pub. L. 102-242, 105 Stat.

2236, 2355, 2386 (12 U.S.C. 1828 note).


 

2. Paragraph (b)(2) in Sec. 325.3 is revised to read as follows:


 

Sec. 325.3 Minimum leverage capital requirement.


 

* * * * *

(b) * * *

(2) For all but the most highly-rated institutions meeting the

conditions set forth in paragraph (b)(1) of this section, the minimum

leverage capital requirement for a bank (or for an insured depository

institution making an application to the FDIC) shall consist of a ratio

of Tier 1 capital to total assets of not less than 4 percent.

* * * * *

3. In appendix A to part 325, section II.B., paragraph 1 is revised

to read as follows:


 

[[Page 55691]]


 

APPENDIX A TO PART 325--STATEMENT OF POLICY ON RISK-BASED CAPITAL


 

* * * * *

II. * * *

B. * * *

1. Indirect Holdings of Assets. Some of the assets on a bank's

balance sheet may represent an indirect holding of a pool of assets;

for example, mutual funds. An investment in shares of a mutual fund

whose portfolio consists solely of various securities or money market

instruments that, if held separately, would be assigned to different

risk categories, generally is assigned to the risk category appropriate

to the highest risk-weighted asset that the fund is permitted to hold

in accordance with the stated investment objectives set forth in its

prospectus. The bank may, at its option, assign the investment on a pro

rata basis to different risk categories according to the investment

limits in the fund's prospectus, but in no case will indirect holdings

through shares in any mutual fund be assigned to a risk weight less

than 20 percent. If, in order to maintain a necessary degree of short-

term liquidity, a fund is permitted to hold an insignificant amount of

its assets in short-term, highly liquid securities of superior credit

quality that do not qualify for a preferential risk weight, such

securities generally will be disregarded in determining the risk

category into which the bank's holding in the overall fund should be

assigned. The prudent use of hedging instruments by a mutual fund to

reduce the risk of its assets will not increase the risk weighting of

the mutual fund investment. For example, the use of hedging instruments

by a mutual fund to reduce the interest rate risk of its government

bond portfolio will not increase the risk weight of that fund above the

20 percent category. Nonetheless, if the fund engages in any activities

that appear speculative in nature or has any other characteristics that

are inconsistent with the preferential risk weighting assigned to the

fund's assets, holdings in the fund will be assigned to the 100 percent

risk category.

* * * * *

4. In appendix A to part 325, section II.C. is amended by removing

and reserving footnote 26.


 

By order of the Board of Directors.


 

Dated at Washington, D.C. this 4th day of February 1997.


 

Federal Deposit Insurance Corporation.

Jerry L. Langley,

Executive Secretary.


 

Office of Thrift Supervision


 

12 CFR CHAPTER V


 

For the reasons set forth in the joint preamble, part 567 of

chapter V of title 12 of the Code of Federal Regulations is proposed to

be amended as set forth below:


 

PART 567--CAPITAL


 

1. The authority citation for part 567 continues to read as

follows:


 

Authority: 12 U.S.C. 1462, 1462a, 1463, 1464, 1467a, 1828

(note).


 

2. In Sec. 567.1, paragraph (jj)(1)(ii) is revised, and new

paragraphs (mm) and (nn) are added to read as follows:


 

Sec. 567.1 Definitions.


 

* * * * *

(jj) Qualifying residential construction loan. (1) * * *

(ii) The residence being constructed must be a 1-4 family residence

sold to a home purchaser;

* * * * *

(mm) Tier 1 capital. The term Tier 1 capital means core capital as

computed in accordance with Sec. 567.5(a) of this part.

(nn) Tier 2 capital. The term Tier 2 capital means supplementary

capital as computed in accordance with Sec. 567.5(b) of this part.

3. Section 567.2(a)(2)(ii) is revised to read as follows:


 

Sec. 567.2 Minimum regulatory capital requirement.


 

(a) * * *

(2) Leverage ratio requirement. * * *

(ii) A savings association must satisfy this requirement with core

capital as defined in Sec. 567.5(a) of this part.

* * * * *

4. Section 567.6(a)(1)(vi) is revised to read as follows:


 

Sec. 567.6 Risk-based capital credit risk-weight categories.


 

(a) * * *

(1) * * *

(vi) Indirect ownership interests in pools of assets. An asset

representing an indirect holding of a pool of assets, e.g., mutual

funds, generally is assigned to the risk-weight category under this

section based upon the risk weight that would be assigned to the assets

in the portfolio of the pool. An investment in shares of a mutual fund

whose portfolio consists solely of various securities or money market

instruments that, if held separately, would be assigned to different

risk-weight categories, generally is assigned to the risk-weight

category appropriate to the highest risk-weighted asset that the fund

is permitted to hold in accordance with the investment objectives set

forth in its prospectus. The savings association may, at its option,

assign the investment on a pro-rata basis to different risk-weight

categories according to the investment limits in the fund's prospectus.

In no case will an indirect holding through shares in a mutual fund be

assigned to the zero percent risk-weight category. If, in order to

maintain a necessary degree of short-term liquidity, a fund is

permitted to hold an insignificant amount of its assets in short-term,

highly liquid securities of superior credit quality that do not qualify

for a preferential risk weight, such securities generally will be

disregarded in determining the risk-weight category into which the

savings association's holding in the overall fund should be assigned.

The prudent use of hedging instruments by a mutual fund to reduce the

risk of its assets will not increase the risk weighting of the mutual

fund investment. For example, the use of hedging instruments by a

mutual fund to reduce the interest rate risk of its government bond

portfolio will not increase the risk weight of that fund above the 20

percent category. Nonetheless, if the fund engages in any activities

that appear speculative in nature or has any other characteristics that

are inconsistent with the preferential risk-weighting assigned to the

fund's assets, holdings in the fund will be assigned to the 100 percent

risk-weight category.

* * * * *

5. Section 567.8 is revised to read as follows:


 

Sec. 567.8 Leverage ratio.


 

(a) The minimum leverage capital requirement for a savings

association assigned a composite rating of 1, as defined in

Sec. 516.3(c) of this chapter, shall consist of a ratio of core capital

to adjusted total assets of 3 percent. These generally are strong

associations that are not anticipating or experiencing significant

growth and have well-diversified risks, including no undue interest

rate risk exposure, excellent asset quality, high liquidity, and good

earnings.

(b) For all savings associations not meeting the conditions set

forth in paragraph (a) of this section, the minimum leverage capital

requirement shall consist of a ratio of core capital to adjusted total

assets of 4 percent. Higher capital ratios may be required if warranted

by the particular circumstances or risk profiles of an


 

[[Page 55692]]


 

individual savings association. In all cases, savings associations

should hold capital commensurate with the level and nature of all

risks, including the volume and severity of problems loans, to which

they are exposed.


 

Dated: April 17, 1997.


 

The Office of Thrift Supervision.

Nicolas P. Retsinas,

Director.

[FR Doc. 97-28270 Filed 10-24-97; 8:45 am]

BILLING CODE 4810-33-P, 6210-01-P, 6714-01-P, 6720-01-P

Last Updated: March 23, 2024