legal · go-v.org

Capital and surplus.

CFR · 2024-01-01 · US · Title 12

For purposes of determining statutory limits that are based on the amount of a national bank's (a) (b) (c) (1) Capital surplus; undivided profits; reserves for contingencies and other capital reserves (excluding accrued dividends on perpetual and limited life preferred stock); net worth certificates issued pursuant to 12 U.S.C. 1823(i); minority interests in consolidated subsidiaries; and allowances for loan and lease losses; minus intangible assets; (2) Mortgage servicing assets; (3) Mandatory convertible debt to the extent of 20 percent of the sum of paragraphs (a) and (c) (1) and (2) of this section; (4) Other mandatory convertible debt, limited life preferred stock and subordinated notes and debentures to the extent set forth in paragraph (f)(2) of this section. (d) (e) (2) (i) Amounts paid in in excess of the par or stated value of capital stock; (ii) Amounts contributed to the national bank other than for capital stock; (iii) Amounts transferred from undivided profits pursuant to 12 U.S.C. 60; and (iv) Other amounts transferred from undivided profits. (3) (4) (5) (6) (7) (8) (f) (i) Be subordinated to the claims of depositors; (ii) State on the instrument that it is not a deposit and is not insured by the FDIC; (iii) Be unsecured; (iv) Be ineligible as collateral for a loan by the issuing national bank; (v) Provide that once any scheduled payments of principal begin, all scheduled payments shall be made at least annually and the amount repaid in each year shall be no le

official document · source cfr-2024 · id 12:§ 3.701