Issuance of capital directives.

CFR · 2024-01-01 · US · Title 12

(a) (b) (1) The required minimum level of capital to be achieved or maintained by the institution; (2) Its current level of capital; (3) The proposed increase in capital needed to meet the minimum requirements; (4) The proposed date or schedule for meeting these minimum requirements; (5) When deemed appropriate, specific details of a proposed plan for meeting the minimum capital requirements; and (6) The date for a written response by the bank or bank holding company to the proposed directive, which shall be at least 14 days from the date of issuance of the notice unless the Board determines a shorter period is necessary because of the financial condition of the bank or bank holding company. (c) (1) An explanation why a directive should not be issued; (2) Any proposed modification of the terms of the directive; (3) Any relevant information, mitigating circumstances, documentation or other evidence in support of the institution's position regarding the proposed directive; and (4) The institution's plan for attaining the required level of capital. (d) (e) (1) Issue the directive as originally proposed or in modified form; (2) Determine not to issue a directive and so notify the bank or bank holding company; or (3) Seek additional information or clarification of the response by the bank or bank holding company. (f) (1) Achieve or maintain the minimum capital requirement established pursuant to the Board's Capital Adequacy Guidelines or the procedures in § 263.85 of this subpart

official document · source cfr-2024 · id 12:§ 263.83