§ 217.100. Purpose, applicability, and principle of conservatism.

472 words·~2 min read·/us/cfr/t12/s§ 217.100·

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(a)Purpose. This subpart E establishes:

(1)Minimum qualifying criteria for Board-regulated institutions using institution-specific internal risk measurement and management processes for calculating risk-based capital requirements; and

(2)Methodologies for such Board-regulated institutions to calculate their total risk-weighted assets.

(b)Applicability.

(1)This subpart applies to:

(i)A top-tier bank holding company or savings and loan holding company domiciled in the United States that:

(A)Is not a consolidated subsidiary of another bank holding company or savings and loan holding company that uses this subpart to calculate its risk-based capital requirements; and

(B)That:

(1)Is identified as a global systemically important BHC pursuant to § 217.402;

(2)Is identified as a Category II banking organization pursuant to 12 CFR 252.5 or 12 CFR 238.10; or

(3)Has a subsidiary depository institution that is required, or has elected, to use 12 CFR part 3, subpart E (OCC), this subpart (Board), or 12 CFR part 324, subpart E (FDIC), to calculate its risk-based capital requirements;

(ii)A state member bank that:

(A)Is a subsidiary of a global systemically important BHC;

(B)Is a Category II Board-regulated institution;

(C)Is a subsidiary of a depository institution that uses 12 CFR part 3, subpart E (OCC), this subpart (Board), or 12 CFR part 324, subpart E (FDIC), to calculate its risk-based capital requirements; or

(D)Is a subsidiary of a bank holding company or savings and loan holding company that uses this subpart to calculate its risk-based capital requirements; or

(iii)Any Board-regulated institution that elects to use this subpart to calculate its risk-based capital requirements.

(2)A market risk Board-regulated institution must exclude from its calculation of risk-weighted assets under this subpart the risk-weighted asset amounts of all covered positions, as defined in subpart F of this part (except foreign exchange positions that are not trading positions, over-the-counter derivative positions, cleared transactions, and unsettled transactions).

(c)Principle of conservatism. Notwithstanding the requirements of this subpart, a Board-regulated institution may choose not to apply a provision of this subpart to one or more exposures provided that:

(1)The Board-regulated institution can demonstrate on an ongoing basis to the satisfaction of the Board that not applying the provision would, in all circumstances, unambiguously generate a risk-based capital requirement for each such exposure greater than that which would otherwise be required under this subpart;

(2)The Board-regulated institution appropriately manages the risk of each such exposure;

(3)The Board-regulated institution notifies the Board in writing prior to applying this principle to each such exposure; and

(4)The exposures to which the Board-regulated institution applies this principle are not, in the aggregate, material to the Board-regulated institution. [Reg. Q, 78 FR 62157, 62285, Oct. 11, 2013, as amended at 78 FR 62288, Oct. 11, 2013; 80 FR 41419, July 15, 2015; 84 FR 59271, Nov. 1, 2019]

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12 CFR 3
12 CFR 324

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§ 217.100

Purpose, applicability, and principle of conservatism.

Fed. Reg.×65

C.F.R.×2

C.F.R.§ 252.5

C.F.R.§ 238.10

Cite12 CFR 3

Cite12 CFR 324

Cites 4Cited by 67 across 2 sources