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12 U.S.C. § 4614 — Risk-based capital levels for regulated entities

Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4614 — Risk-based capital levels for regulated entities

**(a) In general** (1) **Enterprises** — The Director shall, by regulation, establish risk-based capital requirements for the enterprises to ensure that the enterprises operate in a safe and sound manner, maintaining sufficient capital and reserves to support the risks that arise in the operations and management of the enterprises. (2) **Federal Home Loan Banks** — The Director shall establish risk-based capital standards under [section 1426 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1426&num=0&edition=prelim) for the Federal Home Loan Banks. **(b) No limitation** Nothing in this section shall limit the authority of the Director to require other reports or undertakings, or take other action, in furtherance of the responsibilities of the Director under this Act.

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Stable record: federal_law:legal_authorities:record_usc_6bda8a901a520b1dda78a770
Source file: Laws/federal/codes/united-states-code/title-12/section-4614-risk-based-capital-levels-for-regulated-entities--25d7a2b513.md
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Source location: Title 12, Chapter 46, § 4614; chapter-046-government-sponsored-enterprises.md

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 1426 — Capital structure of Federal home loan banks

**(a) Regulations** (1) **Capital standards** — Not later than 18 months after November 12, 1999, the Director shall issue regulations prescribing uniform capital standards applicable to each Federal home loan bank, which shall require each such bank to meet— (A) the leverage requirement specified in paragraph (2); and (B) the risk-based capital requirements, in accordance with paragraph (3). (2) **Leverage requirement** (A) *In general* — The leverage requirement shall require each Federal home loan bank to maintain a minimum amount of total capital based on the total assets of the bank and shall be 5 percent. (B) *Treatment of stock and retained earnings* — In determining compliance with the minimum leverage ratio established under subparagraph (A), the paid-in value of the outstanding Class B stock and the amount of retained earnings shall be multiplied by 1.5, and such higher amounts shall be deemed to be capital for purposes of meeting the 5 percent minimum leverage ratio, except that a Federal home loan bank’s total capital (determined without taking into account any such multiplier) shall not be less than 4 percent of the total assets of the bank. (3) **Risk-based capital standards** (A) *Risk-based capital standards* — The Director shall, by regulation, establish risk-based capital standards for the Federal Home Loan Banks to ensure that the Federal Home Loan Banks operate in a safe and sound manner, with sufficient permanent capital and reserves to support the risks that arise in the operations and management of the Federal Home Loans Banks. (B) *Consideration of other risk-based standards* — In establishing the risk-based standard under subparagraph (A), the Director shall take due consideration of any risk-based capital test established p

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 1426

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 5301 — Congressional findings and declaration of purpose

**(a) Critical social, economic, and environmental problems facing Nation’s urban communities** The Congress finds and declares that the Nation’s cities, towns, and smaller urban communities face critical social, economic, and environmental problems arising in significant measure from— (1) the growth of population in metropolitan and other urban areas, and the concentration of persons of lower income in central cities; (2) inadequate public and private investment and reinvestment in housing and other physical facilities, and related public and social services, resulting in the growth and persistence of urban slums and blight and the marked deterioration of the quality of the urban environment; and (3) increasing energy costs which have seriously undermined the quality and overall effectiveness of local community and housing development activities. **(b) Establishment and maintenance of viable urban communities; systematic and sustained action by Federal, State, and local governments; expansion of and continuity in Federal assistance; increased private investment; streamlining programs and improvement of functioning of agencies; action to address consequences of scarce fuel supplies** The Congress further finds and declares that the future welfare of the Nation and the well-being of its citizens depend on the establishment and maintenance of viable urban communities as social, economic, and political entities, and require— (1) systematic and sustained action by Federal, State, and local governments to eliminate blight, to conserve and renew older urban areas, to improve the living environment of low- and moderate-income families, and to develop new centers of population growth and economic activity; (2) substantial expansion of and greater continuity in the scope a

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 5301

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4619 to 4621 — Supervisory actions applicable to significantly undercapitalized regulated entities

**(a) Mandatory supervisory actions** (1) **Capital restoration plan** — A regulated entity that is classified as significantly undercapitalized shall, within the time period under section 4622(b) and (d) of this title, submit to the Director a capital restoration plan that complies with [section 4622 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4622&num=0&edition=prelim) and carry out the plan after approval. (2) **Restrictions on capital distributions** (A) *Prior approval* — A regulated entity that is classified as significantly undercapitalized may not make any capital distribution that would result in the regulated entity being reclassified as critically undercapitalized. A regulated entity that is classified as significantly undercapitalized may not make any other capital distribution unless the Director approves the distribution. (B) *Standard for approval* — The Director may approve a capital distribution by a regulated entity classified as significantly undercapitalized only if the Director determines that the distribution (i) will enhance the ability of the regulated entity to meet the risk-based capital level and the minimum capital level for the regulated entity promptly, (ii) will contribute to the long-term financial safety and soundness of the regulated entity, or (iii) is otherwise in the public interest. **(b) Specific actions** In addition to any other actions taken by the Director (including actions under subsection (a)), the Director shall carry out this section by taking, at any time, 1 or more of the following actions with respect to a regulated entity that is classified as significantly undercapitalized: (1) **Limitation on increase in obligations** — Limit any increase in, or order the reduc

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4619 to 4621

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4623 — Notice of classification and enforcement action

**(a) Notice** Before taking any action referred to in subsection (b), the Director shall provide to the regulated entity written notice of the proposed action, which states the reasons for the proposed action and the information on which the proposed action is based. **(b) Applicability** The requirements of subsection (a) shall apply to the following actions: (1) Classification or reclassification of a regulated entity within a particular capital classification under [section 4614 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4614&num=0&edition=prelim). (2) Any discretionary supervisory action pursuant to [section 4615 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4615&num=0&edition=prelim). (3) Any discretionary supervisory action pursuant to [section 4616 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4616&num=0&edition=prelim) except a decision to appoint a conservator under section 4616(b)(6) 11 See References in Text note below. of this title. Notice of classification under paragraph (1) and notice of supervisory actions under paragraph (2) or (3) may be provided together in a single notice under subsection (a). **(c) Response period** (1) **In general** — During the 30-day period beginning on the date that a regulated entity is provided notice under subsection (a) of a proposed action, the regulated entity may submit to the Director any information relevant to the action that the regulated entity considers appropriate for consideration by the Director in determining whether to take such action. The Director may, at the discretion of the Director, hold an informal administrative hearing to receive and discuss such information

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4623

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4632 — Judicial review of Director action

**(a) Jurisdiction** (1) **Filing of petition** — A regulated entity that is not classified as critically undercapitalized and is the subject of a classification under [section 4614 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section4614&num=0&edition=prelim) or a discretionary supervisory action taken under this subchapter by the Director (other than action to appoint a conservator under section 4616 or 4617 of this title or action under section 4619 11 See References in Text note below. of this title) may obtain review of the classification or action by filing, within 10 days after receiving written notice of the Director’s action, a written petition requesting that the classification or action of the Director be modified, terminated, or set aside. (2) **Place for filing** — A petition filed pursuant to this subsection shall be filed in the United States Court of Appeals for the District of Columbia Circuit. **(b) Scope of review** The Court may modify, terminate, or set aside an action taken by the Director and reviewed by the Court pursuant to this section only if the court finds, on the record on which the Director acted, that the action of the Director was arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with applicable laws. **(c) Unavailability of stay** The commencement of proceedings for judicial review pursuant to this section shall not operate as a stay of any action taken by the Director. Pending judicial review of the action, the court shall not have jurisdiction to stay, enjoin, or otherwise delay any supervisory action taken by the Director with respect to a regulated entity that is classified as significantly or critically undercapitalized or any action of the Director that results

Source: Supplied U.S. Code snapshot — release unconfirmed · 12 U.S.C. § 4632

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Federal law — U.S. Code and appendices · legal_authorities

12 U.S.C. § 4614 — Capital classifications

Page 1690 TITLE 12—BANKS AND BANKING § 4613 quirements with respect to any product or activ- ity of a regulated entity, as the Director con- siders 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 manage- ment of the regulated entity. (f) Periodic review The Director shall periodically review the amount of core capital maintained by the enter- prises, the amount of capital retained by the Federal Home Loan Banks, and the minimum capital levels established for such regulated en- tities pursuant to this section. (Pub. L. 102–550, title XIII, § 1362, Oct. 28, 1992, 106 Stat. 3975; Pub. L. 110–289, div. A, title I, § 1111, July 30, 2008, 122 Stat. 2676.) 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 sub- secs. (b) to (f) and struck out former subsec. (b) which related to minimum capital level during transition pe- riod. § 4613. Critical capital levels (a) Enterprises For purposes of this subchapter, the critical capital level for each enterprise shall be the sum of— (1) 1.25 percent of the aggregate on-balance sheet assets of the enterprise, as determined in accordance with generally accepted ac- counting principles; (2) 0.25 percent of the unpaid principal bal- ance of outstanding mortgage-backed securi- ties and substantially equivalent instruments issued or guaranteed by the enterprise that are not included in paragraph (1); and (3) 0.25 percent of other off-balance sheet ob- ligations of the enterprise not included in paragraph (2) (excluding commitments in ex- cess of 50 percent

Source: Supplied 2024 U.S. Code historical extraction · 12 U.S.C. § 4614

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