Sec. 201. Capital requirements
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Notwithstanding any other provision of law, the appropriate Federal regulators shall set capital standards for financial companies as provided in this section. Each financial company shall be required to maintain sufficient capital to remain adequately capitalized, as defined under subsection (c)(2). A financial company is well capitalized if the company maintains a capital level of 12 percent or more. A financial company is adequately capitalized if the company maintains a capital level of 10 percent or more.
A financial company is undercapitalized if the company maintains a capital level of less than 10 percent. A financial company is significantly undercapitalized if the company maintains a capital level of less than 6 percent. A financial company is critically undercapitalized if the company maintains a capital level of 2 percent or less. In computing a financial company’s capital for purposes of this section— the value of capital shall be calculated based on the current market value of the capital, and not by reference to the book value of such capital; the percentage of capital maintained by a company shall be based on the total consolidated assets of the company; and there shall be no risk-weighting of assets.
Notwithstanding subsection (c), during the 6-year period beginning on the date of the enactment of this Act, the percentages contained in paragraphs
(1)through
(5)of subsection
(c)shall be treated as follows: During the 1-year period following the date of the enactment of this Act, 6 percent, 4 percent, 4 percent, 3 percent, and 2 percent, respectively. During the 1-year period following the period described under paragraph (1), 7 percent, 5 percent, 5 percent, 3.5 percent, and 2 percent, respectively. During the 1-year period following the period described under paragraph (2), 8 percent, 6 percent, 6 percent, 4 percent, and 2 percent, respectively. During the 1-year period following the period described under paragraph (3), 9 percent, 7 percent, 7 percent, 4.5 percent, and 2 percent, respectively. During the 1-year period following the period described under paragraph (4), 10 percent, 8 percent, 8 percent, 5 percent, and 2 percent, respectively. During the 1-year period following the period described under paragraph (5), 11 percent, 9 percent, 9 percent, 5.5 percent, and 2 percent, respectively. For purposes of this section: The term appropriate Federal regulator — has the meaning given the term appropriate Federal banking agency under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ); means the Board of Governors of the Federal Reserve System, in the case of a nonbank financial company supervised by the Board of Governors; and means the National Credit Union Administration Board, in the case of a credit union. The term capital means common equity tier 1 capital and additional tier 1 capital, as such terms are defined in the notice of final rulemaking published in the Federal Register on October 11, 2013 (78 Fed. Reg. 62173–74). The term credit union includes a Federal credit union and a State credit union, as such terms are defined under section 101 of the Federal Credit Union Act ( 12 U.S.C. 1752 ). The term depository institution has the meaning given such term under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ). The term depository institution holding company has the meaning given such term under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ). The term financial company means— a credit union; a depository institution; a depository institution holding company; and a nonbank financial company supervised by the Board of Governors. The term nonbank financial company supervised by the Board of Governors has the meaning given such term under section 102 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5311 ).
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- 78 FR 62173
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