PRIA, Government Policy, Made Personal

Summary

Regulated entities must file a plan that shows how they will restore their core capital to at least the minimum capital level and their total capital to at least the risk-based capital level. The plan must say the capital level it will reach and keep, list the steps it will take to become adequately capitalized, give a schedule for those steps, describe the types and levels of activities it will run during the plan, and explain how it will follow any required or optional rules under this subchapter. The Director will set a deadline by rule for filing the plan that cannot be more than 45 days after the entity gets written notice that a plan is required. The Director can extend that deadline in writing for a set time. After a plan is filed, the Director must approve or reject it within 30 days, but may add one extra 30-day extension. The Director must give written reasons for any rejection or extension. If rejected, the entity must submit a revised plan acceptable to the Director within 30 days, or longer if the Director allows for the public interest.

Title 12, §4622

Banks and Banking, Source: USLM XML via OLRC

(a)Contents

Each capital restoration plan submitted under this subchapter shall set forth a feasible plan for restoring the core capital of the regulated entity subject to the plan to an amount not less than the minimum capital level for the regulated entity and for restoring the total capital of the regulated entity to an amount not less than the risk-based capital level for the regulated entity. Each capital restoration plan shall—

(1)specify the level of capital the regulated entity will achieve and maintain;

(2)describe the actions that the regulated entity will take to become classified as adequately capitalized;

(3)establish a schedule for completing the actions set forth in the plan;

(4)specify the types and levels of activities (including existing and new programs) in which the regulated entity will engage during the term of the plan; and

(5)describe the actions that the regulated entity will take to comply with any mandatory and discretionary requirements imposed under this subchapter.

(b)Deadlines for submission

The Director shall, by regulation, establish a deadline for submission of a capital restoration plan, which may not be more than 45 days after the regulated entity is notified in writing that a plan is required. The regulations shall provide that the Director may extend the deadline to the extent that the Director determines it necessary. Any extension of the deadline shall be in writing and for a time certain.

(c)Approval

The Director shall review each capital restoration plan submitted under this section and, not later than 30 days after submission of the plan, approve or disapprove the plan. The Director may extend the period for approval or disapproval for any plan for a single additional 30-day period if the Director determines it necessary. The Director shall provide written notice to any regulated entity submitting a plan of the approval or disapproval of the plan (which shall include the reasons for any disapproval of the plan) and of any extension of the period for approval or disapproval.

(d)Resubmission

If the Director disapproves the initial capital restoration plan submitted by the regulated entity, the regulated entity shall submit an amended plan acceptable to the Director within 30 days or such longer period that the Director determines is in the public interest.

Editorial Notes

Amendments

2008—Pub. L. 110–289 substituted “regulated entity” for “enterprise” wherever appearing.

§4622 Capital Restoration Plans

Summary

Title 12, §4622

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata