§ 702.101. Capital measures, capital adequacy, effective date of classification, and notice to NCUA.
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/us/cfr/t12/s§ 702.101·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Capital measures. For purposes of this part, a credit union must determine its capital classification at the end of each calendar quarter using the following measures:
(1)The net worth ratio; and
(2)If determined to be applicable under § 702.103, either the risk-based capital ratio under § 702.104(a) through
(c)or the CCULR framework under § 702.104(d).
(b)Capital adequacy.
(1)Notwithstanding the minimum requirements in this part, a credit union defined as complex must maintain capital commensurate with the level and nature of all risks to which the institution is exposed.
(2)A credit union defined as complex must have a process for assessing its overall capital adequacy in relation to its risk profile and a comprehensive written strategy for maintaining an appropriate level of capital.
(c)Effective date of capital classification. For purposes of this part, the effective date of a federally insured credit union's capital classification shall be the most recent to occur of:
(1)Quarter-end effective date. The last day of the calendar month following the end of the calendar quarter;
(2)Corrected capital classification. The date the credit union received subsequent written notice from NCUA or, if state-chartered, from the appropriate state official, of a decline in capital classification due to correction of an error or misstatement in the credit union's most recent Call Report; or
(3)Reclassification to lower category. The date the credit union received written notice from NCUA or, if state-chartered, the appropriate state official, of reclassification on safety and soundness grounds as provided under § 702.102(b) or § 702. 202(d).
(d)Notice to NCUA by filing Call Report.
(1)Other than by filing a Call Report, a federally insured credit union need not notify the NCUA Board of a change in its capital measures that places the credit union in a lower capital category;
(2)Failure to timely file a Call Report as required under this section in no way alters the effective date of a change in capital classification under paragraph
(b)of this section, or the affected credit union's corresponding legal obligations under this part. [80 FR 66706, Oct. 29, 2015, as amended at 86 FR 72804, Dec. 23, 2021]
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§ 702.101
Capital measures, capital adequacy, effective date of classification, and notice to NCUA.
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