Title 12, Banks and BankingRelease 119-110

§4612 Minimum Capital Levels

Title 12 › CHAPTER 46 — GOVERNMENT SPONSORED ENTERPRISES › SUBCHAPTER II — REQUIRED CAPITAL LEVELS FOR REGULATED ENTITIES, SPECIAL ENFORCEMENT POWERS, AND REVIEWS OF ASSETS AND LIABILITIES › § 4612

Last updated Sep 22, 2026|Official source

Summary

Each enterprise must keep a minimum amount of capital made up of three parts added together. The first part is 2.50 percent of the enterprise’s on-balance-sheet assets, using normal accounting rules. The second part is 0.45 percent of the unpaid principal on its outstanding mortgage-backed securities and similar instruments that are not counted in the first part. The third part is 0.45 percent of other off-balance-sheet obligations not included in the second part, but excluding commitments that are more than 50 percent of the average quarterly commitments over the past four quarters. The Director can change that third percentage to account for differences in credit risk. For each Federal Home Loan Bank, the minimum capital must meet the bank’s leverage requirement set by law. The Director may set higher minimums by rule for safety, and may temporarily raise a particular entity’s minimum by order when needed. The Director must stop any temporary increase when it is no longer needed, and must make rules about when temporary increases can be used, how they are reviewed, and how often they are reviewed. The Director can also require extra capital or reserves for specific products or activities, and must periodically review capital amounts and minimums.

Full Legal Text

Title 12, §4612

Banks and Banking, Source: USLM XML via OLRC

(a)Enterprises
For purposes of this subchapter, the minimum capital level for each enterprise shall be the sum of— (1)
(2)0.45 percent of the unpaid principal balance of outstanding mortgage-backed securities and substantially equivalent instruments issued or guaranteed by the enterprise that are not included in paragraph (1); and
(3)0.45 percent of other off-balance sheet obligations of the enterprise not included in paragraph (2) (excluding commitments in excess of 50 percent of the average dollar amount of the commitments outstanding each quarter over the preceding 4 quarters), except that the Director shall adjust such percentage to reflect differences in the credit risk of such obligations in relation to the instruments included in paragraph (2).
(b)Federal Home Loan Banks
For purposes of this subchapter, the minimum capital level for each Federal Home Loan Bank shall be the minimum capital required to be maintained to comply with the leverage requirement for the bank established under section 1426(a)(2) of this title.
(c)Establishment of revised minimum capital levels
Notwithstanding subsections (a) and (b) and notwithstanding the capital classifications of the regulated entities, the Director may, by regulations issued under section 4526 of this title, establish a minimum capital level for the enterprises, for the Federal Home Loan Banks, or for both the enterprises and the banks, that is higher than the level specified in subsection (a) for the enterprises or the level specified in subsection (b) for the Federal Home Loan Banks, to the extent needed to ensure that the regulated entities operate in a safe and sound manner.
(d)Authority to require temporary increase
(1)In general
Notwithstanding subsections (a) and (b) and any minimum capital level established pursuant to subsection (c), the Director may, by order, increase the minimum capital level for a regulated entity on a temporary basis, when the Director determines that such an increase is necessary and consistent with the prudential regulation and the safe and sound operations of a regulated entity.
(2)Rescission
The Director shall rescind any temporary minimum capital level established under paragraph (1) when the Director determines that the circumstances or facts no longer justify the temporary minimum capital level.
(3)Regulations required
The Director shall issue regulations establishing—
(A)standards for the imposition of a temporary increase in minimum capital under paragraph (1);
(B)the standards and procedures that the Director will use to make the determination referred to in paragraph (2); and
(C)a reasonable time frame for periodic review of any temporary increase in minimum capital for the purpose of making the determination referred to in paragraph (2).
(e)Authority to establish additional capital and reserve requirements for particular purposes
The Director may, at any time by order or regulation, establish such capital or reserve requirements with respect to any product or activity of a regulated entity, as the Director considers appropriate to ensure that the regulated entity operates in a safe and sound manner, with sufficient capital and reserves to support the risks that arise in the operations and management of the regulated entity.
(f)Periodic review
The Director shall periodically review the amount of core capital maintained by the enterprises, the amount of capital retained by the Federal Home Loan Banks, and the minimum capital levels established for such regulated entities pursuant to this section.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2008—Subsec. (a). Pub. L. 110–289, § 1111(1), substituted “Enterprises” for “In general” in heading. Subsecs. (b) to (f). Pub. L. 110–289, § 1111(2), added subsecs. (b) to (f) and struck out former subsec. (b) which related to minimum capital level during transition period.

Reference

Citations & Metadata

Citation

12 U.S.C. § 4612

Title 12, Banks and Banking

Last Updated

Sep 22, 2026

Release point: 119-110