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12 U.S.C. § 3904 — Reserves

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

12 U.S.C. § 3904 — Reserves

**(a) Establishment and maintenance of special reserves** (1) Each appropriate Federal banking agency shall require a banking institution to establish and maintain a special reserve whenever, in the judgment of such appropriate Federal banking agency— (A) the quality of such banking institution’s assets has been impaired by a protracted inability of public or private borrowers in a foreign country to make payments on their external indebtedness as indicated by such factors, among others, as— (i) a failure by such public or private borrowers to make full interest payments on external indebtedness; (ii) a failure to comply with the terms of any restructured indebtedness; or (iii) a failure by the foreign country to comply with any International Monetary Fund or other suitable adjustment program; or (B) no definite prospects exist for the orderly restoration of debt service. (2) Such reserves shall be charged against current income and shall not be considered as part of capital and surplus or allowances for possible loan losses for regulatory, supervisory, or disclosure purposes. **(b) Accommodation of potential losses on foreign loans by United States banks** The appropriate Federal banking agencies shall analyze the results of foreign loan rescheduling negotiations, assess the loan loss risk reflected in rescheduling agreements, and, using the powers set forth in [section 3907 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section3907&num=0&edition=prelim) (regarding capital adequacy), ensure that the capital and reserve positions of United States banks are adequate to accommodate potential losses on their foreign loans. **(c) Regulations and orders of Federal banking agencies** The appropriate Federal banking

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Source location: Title 12, Chapter 40, § 3904; chapter-040-international-lending-supervision.md

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

12 U.S.C. § 3907 — Capital adequacy

**(a)** (1) Each appropriate Federal banking agency shall cause banking institutions to achieve and maintain adequate capital by establishing minimum levels of capital for such banking institutions and by using such other methods as the appropriate Federal banking agency deems appropriate. Each appropriate Federal banking agency shall seek to make the capital standards required under this section or other provisions of Federal law for insured depository institutions countercyclical so that the amount of capital required to be maintained by an insured depository institution increases in times of economic expansion and decreases in times of economic contraction, consistent with the safety and soundness of the insured depository institution. (2) Each appropriate Federal banking agency shall have the authority to establish such minimum level of capital for a banking institution as the appropriate Federal banking agency, in its discretion, deems to be necessary or appropriate in light of the particular circumstances of the banking institution. **(b)** (1) Failure of a banking institution to maintain capital at or above its minimum level as established pursuant to subsection (a) may be deemed by the appropriate Federal banking agency, in its discretion, to constitute an unsafe and unsound practice within the meaning of [section 1818 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1818&num=0&edition=prelim). (2) (A) In addition to, or in lieu of, any other action authorized by law, including paragraph (1), the appropriate Federal banking agency may issue a directive to a banking institution that fails to maintain captial 11 So in original. Probably should be “capital”. at or above its required level as established pursuant to

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

12 U.S.C. § 3904 — Reserves

Page 1575 TITLE 12—BANKS AND BANKING § 3904a (B) to the extent determined by the appro- priate Federal banking agency, any agency or branch of a foreign bank, and any com- mercial lending company owned or con- trolled by one or more foreign banks or com- panies that control a foreign bank as those terms are defined in the International Bank- ing Act of 1978 [12 U.S.C. 3101 et seq.]. The term ‘‘banking institution’’ shall not in- clude a foreign bank. (Pub. L. 98–181, title I [title IX, § 903], Nov. 30, 1983, 97 Stat. 1278.) Editorial Notes REFERENCES IN TEXT Section 25(a) of the Federal Reserve Act, referred to in pars. (1) and (2)(A), which is classified to subchapter II (§ 611 et seq.) of chapter 6 of this title, was renum- bered section 25A of that act by Pub. L. 102–242, title I, § 142(e)(2), Dec. 19, 1991, 105 Stat. 2281. Section 25 of the Federal Reserve Act is classified to subchapter I (§ 601 et seq.) of chapter 6 of this title. The International Banking Act of 1978, referred to in par. (2)(B), is Pub. L. 95–369, Sept. 17, 1978, 92 Stat. 607, which enacted chapter 32 (§ 3101 et seq.) and sections 347d and 611a of this title, amended sections 72, 378, 614, 615, 618, 619, 1813, 1815, 1817, 1818, 1820, 1821, 1822, 1823, 1828, 1829b, 1831b, and 1841 of this title, and enacted pro- visions set out as notes under sections 247, 611a, and 3101 of this title and formerly set out as notes under sections 36, 247, and 601 of this title. For definitions, see section 3101 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3101 of this title and Tables. § 3903. Strengthened supervision of international lending (a) Each appropriate Federal banking agency shall evaluate banking institution fo

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