Examination of branches of foreign banks.

CFR · 2024-01-01 · US · Title 12

(a) (1) The FRB; (2) The FDIC, if an insured branch; (3) The OCC, if the branch or agency of the foreign bank is licensed by the OCC; or (4) The state supervisor, if the office of the foreign bank is licensed or chartered by the state. (b) (i) Has total assets of less than $3 billion; (ii) Has received a composite ROCA supervisory rating (which rates risk management, operational controls, compliance, and asset quality) of 1 or 2 at its most recent examination; (iii) Satisfies the requirement of either the following paragraph (b)(iii)(A) or (B): (A) The foreign bank's most recently reported capital adequacy position consists of, or is equivalent to, Tier 1 and total risk-based capital ratios of at least 6 percent and 10 percent, respectively, on a consolidated basis; or (B) The insured branch has maintained on a daily basis, over the past three quarters, eligible assets in an amount not less than 108 percent of the preceding quarter's average third party liabilities (determined consistent with applicable federal and state law) and sufficient liquidity is currently available to meet its obligations to third parties; (iv) Is not subject to a formal enforcement action or order by the FRB, FDIC, or the OCC; and (v) Has not experienced a change in control during the preceding 12-month period in which a full-scope, on-site examination would have been required but for this section. (2) (i) Any of the individual components of the ROCA supervisory rating of an insured branch is rated “

official document · source cfr-2024 · id 12:§ 347.211