The combined amount of third-party capital instruments that a System institution may include in total (tier 1 and tier 2) capital is equal to the greater of the following:
(a) The then existing limit, if any; or
(b) The lesser of:
(1) Forty percent of total capital, calculated by taking two thirds of the average of the previous 4 quarters of total capital reported on the institution's Call Report filed with the FCA, less any amounts of third-party capital reported in total capital; or
(2) The average of the previous 4 quarters of CET1 capital reported on its Call Report filed with the FCA.
(c) Treatment of assets that are deducted. A System institution must exclude from total risk-weighted assets any item deducted from regulatory capital under this section.
authority: Secs. 1.5, 1.7, 1.10, 1.11, 1.12, 2.2, 2.3, 2.4, 2.5, 2.12, 3.1, 3.7, 3.11, 3.25, 4.3, 4.3A, 4.9, 4.14B, 4.25, 5.9, 5.17, 8.0, 8.3, 8.4, 8.6, 8.8, 8.10, 8.12 of the Farm Credit Act (
12 U.S.C. 2013,
2015,
2018,
2019,
2020,
2073,
2074,
2075,
2076,
2093,
2122,
2128,
2132,
2146,
2154,
2154a,
2160,
2202b,
2211,
2243,
2252,
2279aa,
2279aa-3,
2279aa-4,
2279aa-6,
2279aa-8,
2279aa-10,
2279aa-12); sec. 301(a), Pub. L. 100-233, 101 Stat. 1568, 1608, as amended by sec. 301(a), Pub. L. 103-399, 102 Stat 989, 993 (
12 U.S.C. 1254 note); sec. 939A, Pub. L. 111-203, 124 Stat. 1326, 1887 (
15 U.S.C. 78o-7 note)
source: 81 FR 49779, July 28, 2016, unless otherwise noted.
cite as: 12 CFR 628.23