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12 U.S.C. § 2279bb–2 — Minimum capital level

submitted 35 years ago by Pub. L. 92-181 to r/title-12-BANKS-AND-BANKING · 455 words · no verdicts yet

in plain englishAI-generated · not legal advice

The ordinary minimum capital level is core capital equal to 2.75 percent of on-balance-sheet assets plus 0.75 percent of off-balance-sheet obligations. Temporary rules applied before 1999 and used special treatment for designated assets.

(a) Unless (b) applies, the Corporation’s minimum capital level is core capital equal to (1) 2.75 percent of aggregate on-balance-sheet assets under generally accepted accounting principles, plus (2) 0.75 percent of aggregate off-balance-sheet obligations, including (A) unpaid principal on outstanding Corporation-guaranteed securities backed by qualified-loan pools, (B) substantially equivalent Corporation-issued or guaranteed instruments, and (C) other off-balance-sheet obligations. (b)(1) Before January 1, 1997, the level was core capital equal to 0.45 percent of off-balance-sheet obligations, plus 0.45 percent of designated on-balance-sheet assets, plus 2.50 percent of other on-balance-sheet assets. During the year ending December 31, 1997, it was 0.55 percent, 1.20 percent, and 2.55 percent, respectively. During the year ending December 31, 1998, if core capital was at least $25,000,000 on January 1, 1998, it was 0.65 percent of off-balance-sheet obligations plus 1.95 percent of designated assets plus 2.65 percent of other assets; if less, it was the level in (a). On and after January 1, 1999, it is the level in (a). (2) Designated assets are aggregate on-balance-sheet assets acquired under section 2279aa–6(d) and the aggregate qualified loans purchased and held under section 2279aa–3(c)(13).

the actual law source: uscode.house.gov ↗public domain
(a) In general

Except as provided in subsection (b), for purposes of this part, the minimum capital level for the Corporation shall be an amount of core capital equal to the sum of

(1)

2.75 percent of the aggregate on-balance sheet assets of the Corporation, as determined in accordance with generally accepted accounting principles; and

(2)

0.75 percent of the aggregate off-balance sheet obligations of the Corporation, which, for the purposes of this part, shall include

(A)

the unpaid principal balance of outstanding securities that are guaranteed by the Corporation and backed by pools of qualified loans;

(B)

instruments that are issued or guaranteed by the Corporation and are substantially equivalent to instruments described in subparagraph (A); and

(C)

other off-balance sheet obligations of the Corporation.

(b) Transition period
(1) In general

For purposes of this part, the minimum capital level for the Corporation—

(A)

prior to January 1, 1997, shall be the amount of core capital equal to the sum of—

(i)

0.45 percent of aggregate off-balance sheet obligations of the Corporation;

(ii)

0.45 percent of designated on-balance sheet assets of the Corporation, as determined under paragraph (2); and

(iii)

2.50 percent of on-balance sheet assets of the Corporation other than assets designated under paragraph (2);

(B)

during the 1-year period ending December 31, 1997, shall be the amount of core capital equal to the sum of—

(i)

0.55 percent of aggregate off-balance sheet obligations of the Corporation;

(ii)

1.20 percent of designated on-balance sheet assets of the Corporation, as determined under paragraph (2); and

(iii)

2.55 percent of on-balance sheet assets of the Corporation other than assets designated under paragraph (2);

(C)

during the 1-year period ending December 31, 1998, shall be the amount of core capital equal to—

(i)

if the Corporation’s core capital is not less than $25,000,000 on January 1, 1998, the sum of—

(I)

0.65 percent of aggregate off-balance sheet obligations of the Corporation;

(II)

1.95 percent of designated on-balance sheet assets of the Corporation, as determined under paragraph (2); and

(III)

2.65 percent of on-balance sheet assets of the Corporation other than assets designated under paragraph (2); or

(ii)

if the Corporation’s core capital is less than $25,000,000 on January 1, 1998, the amount determined under subsection (a); and

(D)

on and after January 1, 1999, shall be the amount determined under subsection (a).

(2) Designated on-balance sheet assets

For purposes of this subsection, the designated on-balance sheet assets of the Corporation shall be—

(A)

the aggregate on-balance sheet assets of the Corporation acquired under section 2279aa–6(d) of this title; and

(B)

the aggregate amount of qualified loans purchased and held by the Corporation under section 2279aa–3(c)(13) of this title.

Source credit: (Pub. L. 92–181, title VIII, § 8.33, as added Pub. L. 102–237, title V, § 503(b)(2), Dec. 13, 1991, 105 Stat. 1873; amended Pub. L. 104–105, title I, § 114, Feb. 10, 1996, 110 Stat. 166; Pub. L. 115–334, title V, § 5411(49), Dec. 20, 2018, 132 Stat. 4685.)

history & why it existsrecord from the source credit
  • 1991Enacted · Pub. L. 92-181 · 105 Stat. 1873
  • 1996Amended · Pub. L. 104-105 · 110 Stat. 166
  • 2018Amended · Pub. L. 115-334 · 132 Stat. 4685

A history note hasn’t been published yet. The record shows enactment by Pub. L. 92-181 on 1991-12-13.

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