§ 34.81 - Definitions.

§ 34.81 Definitions.

Cross Reference

Link to an amendment published at 84 FR 56374, Oct. 22, 2019.

Cross Reference

The effective date of this amendment was corrected to read January 1, 2020, at 84 FR 64193, Nov. 21, 2019.

Cross Reference

Link to an amendment published at 84 FR 61795, Nov. 13, 2019.

Cross Reference

Link to an amendment published at 84 FR 69298, Dec. 18, 2019.

(a) Capital and surplus means:

(1) A bank's tier 1 and tier 2 capital calculated under the OCC's risk-based capital standards set forth in 12 CFR part 3, as applicable, as reported in the bank's Consolidated Reports of Condition and Income (Call Report) as filed under 12 U.S.C. 161; plus

(2) The balance of a bank's allowance for loan and lease losses not included in the bank's tier 2 capital, for purposes of the calculation of risk-based capital described in paragraph (a)(1) of this section, as reported in the bank's Call Report.

(b)

Debts previously contracted (DPC) real estate means real estate (including

capitalized and operating

leases) acquired by a national bank or Federal savings association through any means in full or partial satisfaction of a debt previously contracted.

(c)

Former banking premises means real estate

(including capitalized and operating leases) for which banking use no longer is contemplated. This includes real estate originally acquired for future expansion that no longer will be used for expansion or other banking purposes. (d)

permissible under § 7.1000(a)(1) of this chapter that is no longer used or contemplated to be used for the purposes permitted under that section.

Market value means the value determined in accordance with subpart C of this part.

(e)

Other real estate owned (OREO) means:

(1) DPC real estate; and

(2) Former banking premises.

(f)

Recorded investment amount means:

(1) For loans, the recorded loan balance, as determined by generally accepted accounting principles; and

(2) For former banking premises, the net book value.

[61 FR 11301, Mar. 20, 1996, as amended at 79 FR 11313, Feb. 28, 2014; 84 FR 56374, Oct. 22, 2019]