Voglio sapere a riguardo di…

7940

Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Rules and Regulations
calendar quarter, the Board-regulated institutions:

vi Prior approval. Notwithstanding the limitations in paragraphs c1i through v of this section, the Board may permit a Board-regulated institution that is subject to 12 CFR
225.8 or 238.170 to make a distribution or discretionary bonus payment upon a request of the Board-regulated institution, if the Board determines that the distribution or discretionary bonus payment would not be contrary to the purposes of this section, or to the safety and soundness of the Board-regulated institution. In making such a determination, the Board will consider the nature and extent of the request and the particular circumstances giving rise to the request.
vii Other limitations on distributions. Additional limitations on distributions may apply under 12 CFR
225.4, 225.8, 238.170, 252.63, 252.165, and 263.202 to a Board-regulated institution that is subject to 12 CFR
225.8 or 238.170.
2 Standardized approach capital conservation buffer. i The standardized approach capital conservation buffer for Board-regulated institutions subject to 12 CFR 225.8 or 238.170 is composed solely of common equity tier 1 capital.
ii A Board-regulated institution that is subject to 12 CFR 225.8 or 238.170
has a standardized approach capital conservation buffer that is equal to the lowest of the following ratios, calculated as of the last day of the previous calendar quarter:

PART 225BANK HOLDING
COMPANIES AND CHANGE IN BANK
CONTROL REGULATION Y
3. The authority citation for part 225
continues to read as follows:

Authority: 12 U.S.C. 1817j13, 1818, 1828o, 1831i, 1831p1, 1843c8, 1844b, 19721, 3106, 3108, 3310, 33313351, 3906, 3907, and 3909; 15 U.S.C. 1681s, 1681w, 6801 and 6805.

Subpart AGeneral Provisions 4. Amend 225.8 by:
a. Revising paragraphs c1 and 2
and d3 through 21;
b. Removing paragraph d22, c. Revising paragraphs e2iA and e4iB3;
d. Removing paragraph e4iB4;
e. Revising paragraphs e4ii and iii;
f. Removing paragraph e4iv;
g. Revising paragraph f1;
h. Adding paragraph f4;

jbell on DSKJLSW7X2PROD with RULES

VerDate Sep<11>2014

15:49 Feb 02, 2021

Jkt 253001

i. Revising paragraphs h2 through 5, i, j, and k; and j. Removing paragraph l.
The revisions and additions read as follows:

225.8 Capital planning and stress capital buffer requirement.

c
1 A bank holding company that meets the $100 billion asset threshold as measured under paragraph b of this section on or before September 30 of a calendar year must comply with the requirements of this section beginning on January 1 of the next calendar year, unless that time is extended by the Board in writing. Notwithstanding the previous sentence, the Board will not provide a bank holding company with notice of its stress capital buffer requirement until the first year in which the Board conducts an analysis of the bank holding company pursuant to 12
CFR 252.44.
2 A bank holding company that meets the $100 billion asset threshold after September 30 of a calendar year must comply with the requirements of this section beginning on January 1 of the second calendar year after the bank holding company meets the $100 billion asset threshold, unless that time is extended by the Board in writing.
Notwithstanding the previous sentence, the Board will not provide a bank holding company with notice of its stress capital buffer requirement until the first year in which the Board conducts an analysis of the bank holding company pursuant to 12 CFR
252.44.

d
3 Capital action means any issuance of a debt or equity capital instrument, any capital distribution, and any similar action that the Federal Reserve determines could impact a bank holding companys consolidated capital.
4 Capital distribution means a redemption or repurchase of any debt or equity capital instrument, a payment of common or preferred stock dividends, a payment that may be temporarily or permanently suspended by the issuer on any instrument that is eligible for inclusion in the numerator of any minimum regulatory capital ratio, and any similar transaction that the Federal Reserve determines to be in substance a distribution of capital.
5 Capital plan means a written presentation of a bank holding companys capital planning strategies and capital adequacy process that includes the mandatory elements set forth in paragraph e2 of this section.

PO 00000

Frm 00014

Fmt 4700

Sfmt 4700

6 Capital plan cycle means the period beginning on January 1 of a calendar year and ending on December 31 of that year.
7 Capital policy means a bank holding companys written principles and guidelines used for capital planning, capital issuance, capital usage and distributions, including internal capital goals; the quantitative or qualitative guidelines for capital distributions; the strategies for addressing potential capital shortfalls;
and the internal governance procedures around capital policy principles and guidelines.
8 Category IV bank holding company means any bank holding company or U.S. intermediate holding company subject to this section that, as of December 31 of the prior capital plan cycle, is a Category IV banking organization pursuant to 12 CFR 252.5.
9 Common equity tier 1 capital has the same meaning as under 12 CFR part 217.
10 Effective capital distribution limitations means any limitations on capital distributions established by the Board by order or regulation, including pursuant to 12 CFR 217.11, 225.4, 252.63, 252.165, and 263.202, provided that, for any limitations based on riskweighted assets, such limitations must be calculated using the standardized approach, as set forth in 12 CFR part 217, subpart D.
11 Final planned capital distributions means the planned capital distributions included in a capital plan that include the adjustments made pursuant to paragraph h of this section, if any.
12 GSIB surcharge has the same meaning as under 12 CFR 217.403.
13 Internal baseline scenario means a scenario that reflects the bank holding companys expectation of the economic and financial outlook, including expectations related to the bank holding companys capital adequacy and financial condition.
14 Internal stress scenario means a scenario designed by a bank holding company that stresses the specific vulnerabilities of the bank holding companys risk profile and operations, including those related to the bank holding companys capital adequacy and financial condition.
15 Nonbank financial company supervised by the Board means a company that the Financial Stability Oversight Council has determined under section 113 of the Dodd-Frank Wall Street Reform and Consumer Protection Act 12 U.S.C. 5323 shall be supervised by the Board and for which such determination is still in effect.

E:FRFM03FER1.SGM

03FER1