§ 252.13 - Applicability.

§ 252.13 Applicability.

Cross Reference

Link to an amendment published at 84 FR 59100, Nov. 1, 2019.

(a) Scope -

(1) Applicability. Except as provided in paragraph (b) of this section, this subpart applies to :

(i) Any bank holding company with average total consolidated assets (as defined in § 252.12(d)) of greater than $10 billion but less than $50 billion;

(ii) Any savings and loan holding company with average total consolidated assets (as defined in § 252.12(d)) of greater than $10 billion; and

(iii) Any

any state member bank with average total consolidated assets

(as defined in § 252.12(d))

of greater than

$10

$250 billion.

(2) Ongoing applicability.

(i)

A

bank holding company, savings and loan holding company, or

state member bank (including any successor company) that is subject to any requirement in this subpart shall remain subject to any such requirement unless and until its total consolidated assets fall below

$10

$250 billion for each of four consecutive quarters,

as reported on the FR Y-9C or Call Report, as applicable and

effective on the as-of date of the fourth consecutive

FR Y-9C or

Call Report

, as applicable

.

(

ii) A bank holding company or savings and loan holding company that becomes a covered company as defined in subpart F of this part and conducts a stress test pursuant to that subpart is not subject to the requirements of this subpart.

(b) Transitional arrangements -

(1) Transition periods for bank holding companies and state member banks

Transition period.

(

i

1) A

bank holding company or

state member bank that exceeds the asset threshold for the first time on or before

March 31

September 30 of a

given

calendar year

,

must comply with the requirements of this subpart beginning on January 1 of the

following year, unless that time is extended by the Board in writing. (ii) A bank holding company or state member bank that exceeds the asset threshold for the first time after March 31 of a given year must comply with the requirements of this subpart beginning on January 1 of the second year following that given year

second calendar year after the state member bank becomes subject to this subpart, unless that time is extended by the Board in writing.

(

iii) Notwithstanding paragraphs (b)(1)(i) or (ii) of this section, a bank holding company that meets the asset threshold (as defined in § 252.12(c)) and that is relying as of July 20, 2015, on Supervision and Regulation Letter SR 01-01 issued by the Board (as in effect on May 19, 2010) must comply with the requirements of this subpart beginning on January 1, 2016, unless that time is extended by the Board in writing.

(2) Transition period for savings and loan holding companies.

(i) A savings and loan holding company that is subject to minimum regulatory capital requirements and

A state member bank that exceeds the asset threshold for the first time

on or before March 31

after September 30 of a

given

calendar year

,

must comply with the requirements of this subpart beginning on January 1 of the

following year, unless that time is extended by the Board in writing;

(ii) A savings and loan holding company that is subject to minimum regulatory capital requirements and exceeds the asset threshold for the first time after March 31 of a given year must comply with the requirements of this subpart beginning on January 1 of the second year following that given year, unless that time is extended by the Board in writing; and

(iii) Notwithstanding paragraph (b)(2)(i) of this section, a savings and loan holding company that is subject to minimum regulatory capital requirements and exceeded the asset threshold for the first time on or before March 31, 2015, must comply with the requirements of this subpart beginning on January 1, 2017,

third year after the state member bank becomes subject to this subpart, unless that time is extended by the Board in writing.

(3) Transition periods for companies subject to the supplementary leverage ratio. Notwithstanding § 252.12(n), for purposes of the stress test cycle beginning on January 1, 2016, a company shall not include an estimate of its supplementary leverage ratio.

[Reg. YY, 79 FR 64045, Oct. 27, 2014, as amended at 80 FR 75425, Dec. 2, 2015[84 FR 59100, Nov. 1, 2019]