Title 12, Banks and BankingRelease 119-110

§4808 Revising Regulatory Requirements for Transfers of All Types of Assets with Recourse

Title 12 › CHAPTER 48 — FINANCIAL INSTITUTIONS REGULATORY IMPROVEMENT › § 4808

Last updated Sep 22, 2026|Official source

Summary

Starting September 23, 1994, each appropriate Federal banking agency must, within 180 days, review its rules about transfers of assets with recourse by insured depository institutions. The agency must work with the other Federal banking agencies and create and adopt new rules that match the real credit risk of those transfers before the 180 days end. After that period, the risk-based capital a bank must hold for assets transferred with recourse cannot be more than the maximum recourse the bank is contractually liable for. An agency can require more capital if it decides higher amounts are needed for safety and soundness. These rules do not override section 1835(b) of this title. The terms “appropriate Federal banking agency,” “Federal banking agency,” and “insured depository institution” have the meanings given in section 1813 of this title.

Full Legal Text

Title 12, §4808

Banks and Banking, Source: USLM XML via OLRC

(a)Review and revision of regulations
(1)In general
During the 180-day period beginning on September 23, 1994, each appropriate Federal banking agency shall, consistent with the principles of safety and soundness and the public interest—
(A)review the agency’s regulations and written policies relating to transfers of assets with recourse by insured depository institutions; and
(B)in consultation with the other Federal banking agencies, promulgate regulations that better reflect the exposure of an insured depository institution to credit risk from transfers of assets with recourse.
(2)Regulations required
Before the end of the 180-day period beginning on September 23, 1994, each appropriate Federal banking agency shall prescribe the regulations developed pursuant to paragraph (1)(B).
(b)Regulations required
(1)In general
After the end of the 180-day period beginning on September 23, 1994, the amount of risk-based capital required to be maintained, under regulations prescribed by the appropriate Federal banking agency, by any insured depository institution with respect to assets transferred with recourse by such institution may not exceed the maximum amount of recourse for which such institution is contractually liable under the recourse agreement.
(2)Exception for safety and soundness
The appropriate Federal banking agency may require any insured depository institution to maintain risk-based capital in an amount greater than the amount determined under paragraph (1), if the agency determines, by regulation or order, that such higher amount is necessary for safety and soundness reasons.
(c)Coordination with section 1835(b) of this title
This section shall not be construed as superseding the applicability of section 1835(b) of this title.
(d)Definitions
For purposes of this section, the terms “appropriate Federal banking agency”, “Federal banking agency”, and “insured depository institution” have the same meanings as in section 1813 of this title.

Reference

Citations & Metadata

Citation

12 U.S.C. § 4808

Title 12, Banks and Banking

Last Updated

Sep 22, 2026

Release point: 119-110