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12 U.S.C. § 2279BB

Section 2279bb · Minimum capital level

Current version, with additions and removals from the December 13, 1991 version.

Current — December 20, 2018
As of December 13, 1991
(a) In general
(a) In general
Except as provided in subsection (b) of this section, for purposes of this part, the minimum capital level for the Corporation shall be an amount of core capital equal to the sum of—
Except as provided in subsection (b), for purposes of this part, the minimum capital level for the Corporation shall be an amount of core capital equal to the sum of
(1) 2.50 percent of the aggregate on-balance sheet assets of the Corporation (other than assets referred to in paragraph (3)), as determined in accordance with generally accepted accounting principles;
(1) 2.75 percent of the aggregate on-balance sheet assets of the Corporation, as determined in accordance with generally accepted accounting principles; and

(2) 0.75 percent of the aggregate off-balance sheet obligations of the Corporation, which, for the purposes of this part, shall include

(2) 0.45 percent of the unpaid principal balance of outstanding securities guaranteed by the Corporation and backed by pools of qualified loans and substantially equivalent instruments issued or guaranteed by the Corporation, and other off-balance sheet obligations of the Corporation; and
(A) the unpaid principal balance of outstanding securities that are guaranteed by the Corporation and backed by pools of qualified loans;

(3) the percentage of the aggregate assets of the Corporation acquired pursuant to the linked portfolio option under section 2279aa–6(g) of this title that is determined under subsection (c) of this section.

(b) 18-month transition

(B) instruments that are issued or guaranteed by the Corporation and are substantially equivalent to instruments described in subparagraph (A); and

(C) other off-balance sheet obligations of the Corporation.

(b) Transition period

(1) In general

During the 18-month period beginning upon December 13, 1991, for purposes of this part, the minimum capital level for the Corporation shall be an amount of core capital equal to the sum of—
For purposes of this part, the minimum capital level for the Corporation—

(1) 1.50 percent of the aggregate on-balance sheet assets of the Corporation (other than assets referred to in paragraph (3)), as determined in accordance with generally accepted accounting principles;

(2) 0.40 percent of the unpaid principal balance of outstanding securities guaranteed by the Corporation and backed by pools of qualified loans and substantially equivalent instruments issued or guaranteed by the Corporation, and other off-balance sheet obligations of the Corporation; and

(A) prior to January 1, 1997, shall be the amount of core capital equal to the sum of—

(i) 0.45 percent of aggregate off-balance sheet obligations of the Corporation;

(ii) 0.45 percent of designated on-balance sheet assets of the Corporation, as determined under paragraph (2); and

(iii) 2.50 percent of on-balance sheet assets of the Corporation other than assets designated under paragraph (2);

(B) during the 1-year period ending December 31, 1997, shall be the amount of core capital equal to the sum of—

(i) 0.55 percent of aggregate off-balance sheet obligations of the Corporation;

(ii) 1.20 percent of designated on-balance sheet assets of the Corporation, as determined under paragraph (2); and

(iii) 2.55 percent of on-balance sheet assets of the Corporation other than assets designated under paragraph (2);

(C) during the 1-year period ending December 31, 1998, shall be the amount of core capital equal to—

(i) if the Corporation's core capital is not less than $25,000,000 on January 1, 1998, the sum of—

(I) 0.65 percent of aggregate off-balance sheet obligations of the Corporation;

(II) 1.95 percent of designated on-balance sheet assets of the Corporation, as determined under paragraph (2); and

(III) 2.65 percent of on-balance sheet assets of the Corporation other than assets designated under paragraph (2); or

(ii) if the Corporation's core capital is less than $25,000,000 on January 1, 1998, the amount determined under subsection (a); and

(D) on and after January 1, 1999, shall be the amount determined under subsection (a).

(2) Designated on-balance sheet assets

For purposes of this subsection, the designated on-balance sheet assets of the Corporation shall be—

(3) the percentage of the aggregate assets of the Corporation acquired pursuant to the linked portfolio option under section 2279aa–6(g) of this title that is determined under subsection (c) of this section.
(A) the aggregate on-balance sheet assets of the Corporation acquired under section 2279aa–6(d) of this title; and
(c) Linked portfolio assets

The percentage of any aggregate assets of the Corporation acquired pursuant to the linked portfolio option under section 2279aa–6(g) of this title that is referred to in subsections (a)(3) and (b)(3) of this section (and in section 2279bb–3(3)(A) of this title) shall be—

(1) during the 5-year period beginning on December 13, 1991—

(A) 0.45 percent of any such assets not exceeding $1,000,000,000;

(B) 0.75 percent of any such assets in excess of $1,000,000,000 but not exceeding $2,000,000,000;

(C) 1.00 percent of any such assets in excess of $2,000,000,000 but not exceeding $3,000,000,000;

(D) 1.25 percent of any such assets in excess of $3,000,000,000 but not exceeding $4,000,000,000;

(E) 1.50 percent of any such assets in excess of $4,000,000,000 but not exceeding $5,000,000,000; and

(F) 2.50 percent of any such assets in excess of $5,000,000,000; and

(2) after the expiration of such 5-year period, 2.50 percent of any such aggregate assets.

(B) the aggregate amount of qualified loans purchased and held by the Corporation under section 2279aa–3(c)(13) of this title.

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