Code of Federal Regulations (alpha)

CFR /  Title 12  /  Part 3  /  Sec. 3.63 Disclosures by national banks or Federal savings associations

(a) Except as provided in Sec. 3.62, a national bank or Federal savings association described in Sec. 3.61 must make the disclosures described in Tables 1 through 10 of this section. The national bank or Federal savings association must make these disclosures publicly available for each of the last three years (that is, twelve quarters) or such shorter period beginning on January 1, 2015.

(b) A national bank or Federal savings association must publicly disclose each quarter the following:

(1) Common equity tier 1 capital, additional tier 1 capital, tier 2 capital, tier 1 and total capital ratios, including the regulatory capital elements and all the regulatory adjustments and deductions needed to calculate the numerator of such ratios;

(2) Total risk-weighted assets, including the different regulatory adjustments and deductions needed to calculate total risk-weighted assets;

(3) Regulatory capital ratios during any transition periods, including a description of all the regulatory capital elements and all regulatory adjustments and deductions needed to calculate the numerator and denominator of each capital ratio during any transition period; and

(4) A reconciliation of regulatory capital elements as they relate to its balance sheet in any audited consolidated financial statements.

(a).............. The name of the top

corporate entity in

the group to which

subpart D of this

part applies.

(b).............. A brief description

of the differences

in the basis for

consolidating

entities \1\ for

accounting and

regulatory purposes,

with a description

of those entities:

(1) That are fully

consolidated;

(2) That are

deconsolidated and

deducted from total

capital;

(3) For which the

total capital

requirement is

deducted; and

(4) That are neither

consolidated nor

deducted (for

example, where the

investment in the

entity is assigned a

risk weight in

accordance with this

subpart).

(c).............. Any restrictions, or

other major

impediments, on

transfer of funds or

total capital within

the group.

(d).............. The aggregate amount

of surplus capital

of insurance

subsidiaries

included in the

total capital of the

consolidated group.

(e).............. The aggregate amount

by which actual

total capital is

less than the

minimum total

capital requirement

in all subsidiaries,

with total capital

requirements and the

name(s) of the

subsidiaries with

such deficiencies.------------------------------------------------------------------------\1\ Entities include securities, insurance and other financial

subsidiaries, commercial subsidiaries (where permitted), and

significant minority equity investments in insurance, financial and

commercial entities.

(a).............. Summary information

on the terms and

conditions of the

main features of all

regulatory capital

instruments.Quantitative Disclosures...... (b).............. The amount of common

equity tier 1

capital, with

separate disclosure

of:

(1) Common stock and

related surplus;

(2) Retained

earnings;

(3) Common equity

minority interest;

(4) AOCI; and

(5) Regulatory

adjustments and

deductions made to

common equity tier 1

capital.

(c).............. The amount of tier 1

capital, with

separate disclosure

of:

(1) Additional tier 1

capital elements,

including additional

tier 1 capital

instruments and tier

1 minority interest

not included in

common equity tier 1

capital; and

(2) Regulatory

adjustments and

deductions made to

tier 1 capital.

(d).............. The amount of total

capital, with

separate disclosure

of:

(1) Tier 2 capital

elements, including

tier 2 capital

instruments and

total capital

minority interest

not included in tier

1 capital; and

(2) Regulatory

adjustments and

deductions made to

total capital.------------------------------------------------------------------------

(a).............. A summary discussion

of the national

bank's or Federal

savings

association's

approach to

assessing the

adequacy of its

capital to support

current and future

activities.Quantitative disclosures...... (b).............. Risk-weighted assets

for:

(1) Exposures to

sovereign entities;

(2) Exposures to

certain

supranational

entities and MDBs;

(3) Exposures to

depository

institutions,

foreign banks, and

credit unions;

(4) Exposures to

PSEs;

(5) Corporate

exposures;

(6) Residential

mortgage exposures;

(7) Statutory

multifamily

mortgages and pre-

sold construction

loans;

(8) HVCRE loans;

(9) Past due loans;

(10) Other assets;

(11) Cleared

transactions;

(12) Default fund

contributions;

(13) Unsettled

transactions;

(14) Securitization

exposures; and

(15) Equity

exposures.

(c).............. Standardized market

risk-weighted assets

as calculated under

subpart F of this

part.

(d).............. Common equity tier 1,

tier 1 and total

risk-based capital

ratios:

(1) For the top

consolidated group;

and

(2) For each

depository

institution

subsidiary.

(e).............. Total standardized

risk-weighted

assets.------------------------------------------------------------------------

(a).............. At least quarterly,

the national bank or

Federal savings

association must

calculate and

publicly disclose

the capital

conservation buffer

as described under

Sec. 3.11.

(b).............. At least quarterly,

the national bank or

Federal savings

association must

calculate and

publicly disclose

the eligible

retained income of

the national bank or

Federal savings

association, as

described under Sec.

3.11.

(c).............. At least quarterly,

the national bank or

Federal savings

association must

calculate and

publicly disclose

any limitations it

has on distributions

and discretionary

bonus payments

resulting from the

capital conservation

buffer framework

described under Sec.

3.11, including the

maximum payout

amount for the

quarter.------------------------------------------------------------------------

(c) General qualitative disclosure requirement. For each separate risk area described in Tables 5 through 10, the national bank or Federal savings association must describe its risk management objectives and policies, including: Strategies and processes; the structure and organization of the relevant risk management function; the scope and nature of risk reporting and/or measurement systems; policies for hedging and/or mitigating risk and strategies and processes for monitoring the continuing effectiveness of hedges/mitigants.

(a).............. The general

qualitative

disclosure

requirement with

respect to credit

risk (excluding

counterparty credit

risk disclosed in

accordance with

Table 6), including

the:

(1) Policy for

determining past due

or delinquency

status;

(2) Policy for

placing loans on

nonaccrual;

(3) Policy for

returning loans to

accrual status;

(4) Definition of and

policy for

identifying impaired

loans (for financial

accounting

purposes);

(5) Description of

the methodology that

the national bank or

Federal savings

association uses to

estimate its

allowance for loan

and lease losses,

including

statistical methods

used where

applicable;

(6) Policy for

charging-off

uncollectible

amounts; and

(7) Discussion of the

national bank's or

Federal savings

association's credit

risk management

policy.Quantitative Disclosures...... (b).............. Total credit risk

exposures and

average credit risk

exposures, after

accounting offsets

in accordance with

GAAP, without taking

into account the

effects of credit

risk mitigation

techniques (for

example, collateral

and netting not

permitted under

GAAP), over the

period categorized

by major types of

credit exposure. For

example, national

banks or Federal

savings associations

could use categories

similar to that used

for financial

statement purposes.

Such categories

might include, for

instance

(1) Loans, off-

balance sheet

commitments, and

other non-derivative

off-balance sheet

exposures;

(2) Debt securities;

and

(3) OTC

derivatives.\2\

(c).............. Geographic

distribution of

exposures,

categorized in

significant areas by

major types of

credit exposure.\3\

(d).............. Industry or

counterparty type

distribution of

exposures,

categorized by major

types of credit

exposure.

(e).............. By major industry or

counterparty type:

(1) Amount of

impaired loans for

which there was a

related allowance

under GAAP;

(2) Amount of

impaired loans for

which there was no

related allowance

under GAAP;

(3) Amount of loans

past due 90 days and

on nonaccrual;

(4) Amount of loans

past due 90 days and

still accruing; \4\

(5) The balance in

the allowance for

loan and lease

losses at the end of

each period,

disaggregated on the

basis of the

national bank's or

Federal savings

association's

impairment method.

To disaggregate the

information required

on the basis of

impairment

methodology, an

entity shall

separately disclose

the amounts based on

the requirements in

GAAP; and

(6) Charge-offs

during the period.

(f).............. Amount of impaired

loans and, if

available, the

amount of past due

loans categorized by

significant

geographic areas

including, if

practical, the

amounts of

allowances related

to each geographical

area,\5\ further

categorized as

required by GAAP.

(g).............. Reconciliation of

changes in ALLL.\6\

(h).............. Remaining contractual

maturity delineation

(for example, one

year or less) of the

whole portfolio,

categorized by

credit exposure.------------------------------------------------------------------------\1\ Table 5 does not cover equity exposures, which should be reported in

Table 9.\2\ See, for example, ASC Topic 815-10 and 210, as they may be amended

from time to time.\3\ Geographical areas may consist of individual countries, groups of

countries, or regions within countries. A national bank or Federal

savings association might choose to define the geographical areas

based on the way the national bank's or Federal savings association's

portfolio is geographically managed. The criteria used to allocate the

loans to geographical areas must be specified.\4\ A national bank or Federal savings association is encouraged also to

provide an analysis of the aging of past-due loans.\5\ The portion of the general allowance that is not allocated to a

geographical area should be disclosed separately.\6\ The reconciliation should include the following: A description of

the allowance; the opening balance of the allowance; charge-offs taken

against the allowance during the period; amounts provided (or

reversed) for estimated probable loan losses during the period; any

other adjustments (for example, exchange rate differences, business

combinations, acquisitions and disposals of subsidiaries), including

transfers between allowances; and the closing balance of the

allowance. Charge-offs and recoveries that have been recorded directly

to the income statement should be disclosed separately.

Table 6 to Sec. 3.63--General Disclosure for Counterparty Credit Risk-

(a).............. The general

qualitative

disclosure

requirement with

respect to OTC

derivatives,

eligible margin

loans, and repo-

style transactions,

including a

discussion of:

(1) The methodology

used to assign

credit limits for

counterparty credit

exposures;

(2) Policies for

securing collateral,

valuing and managing

collateral, and

establishing credit

reserves;

(3) The primary types

of collateral taken;

and

(4) The impact of the

amount of collateral

the national bank or

Federal savings

association would

have to provide

given a

deterioration in the

national bank's or

Federal savings

association's own

creditworthiness.Quantitative Disclosures...... (b).............. Gross positive fair

value of contracts,

collateral held

(including type, for

example, cash,

government

securities), and net

unsecured credit

exposure.\1\ A

national bank or

Federal savings

association also

must disclose the

notional value of

credit derivative

hedges purchased for

counterparty credit

risk protection and

the distribution of

current credit

exposure by exposure

type.\2\

(c).............. Notional amount of

purchased and sold

credit derivatives,

segregated between

use for the national

bank's or Federal

savings

association's own

credit portfolio and

in its

intermediation

activities,

including the

distribution of the

credit derivative

products used,

categorized further

by protection bought

and sold within each

product group.------------------------------------------------------------------------\1\ Net unsecured credit exposure is the credit exposure after

considering both the benefits from legally enforceable netting

agreements and collateral arrangements without taking into account

haircuts for price volatility, liquidity, etc.\2\ This may include interest rate derivative contracts, foreign

exchange derivative contracts, equity derivative contracts, credit

derivatives, commodity or other derivative contracts, repo-style

transactions, and eligible margin loans.

(a).............. The general

qualitative

disclosure

requirement with

respect to credit

risk mitigation,

including:

(1) Policies and

processes for

collateral valuation

and management;

(2) A description of

the main types of

collateral taken by

the national bank or

Federal savings

association;

(3) The main types of

guarantors/credit

derivative

counterparties and

their

creditworthiness;

and

(4) Information about

(market or credit)

risk concentrations

with respect to

credit risk

mitigation.Quantitative Disclosures...... (b).............. For each separately

disclosed credit

risk portfolio, the

total exposure that

is covered by

eligible financial

collateral, and

after the

application of

haircuts.

(c).............. For each separately

disclosed portfolio,

the total exposure

that is covered by

guarantees/credit

derivatives and the

risk-weighted asset

amount associated

with that exposure.------------------------------------------------------------------------\1\ At a minimum, a national bank or Federal savings association must

provide the disclosures in Table 7 in relation to credit risk

mitigation that has been recognized for the purposes of reducing

capital requirements under this subpart. Where relevant, national

banks or Federal savings associations are encouraged to give further

information about mitigants that have not been recognized for that

purpose.\2\ Credit derivatives that are treated, for the purposes of this

subpart, as synthetic securitization exposures should be excluded from

the credit risk mitigation disclosures and included within those

relating to securitization (Table 8).

(a).............. The general

qualitative

disclosure

requirement with

respect to a

securitization

(including synthetic

securitizations),

including a

discussion of:

(1) The national

bank's or Federal

savings

association's

objectives for

securitizing assets,

including the extent

to which these

activities transfer

credit risk of the

underlying exposures

away from the

national bank or

Federal savings

association to other

entities and

including the type

of risks assumed and

retained with

resecuritization

activity; \1\

(2) The nature of the

risks (e.g.

liquidity risk)

inherent in the

securitized assets;

(3) The roles played

by the national bank

or Federal savings

association in the

securitization

process \2\ and an

indication of the

extent of the

national bank's or

Federal savings

association's

involvement in each

of them;

(4) The processes in

place to monitor

changes in the

credit and market

risk of

securitization

exposures including

how those processes

differ for

resecuritization

exposures;

(5) The national

bank's or Federal

savings

association's policy

for mitigating the

credit risk retained

through

securitization and

resecuritization

exposures; and

(6) The risk-based

capital approaches

that the national

bank or Federal

savings association

follows for its

securitization

exposures including

the type of

securitization

exposure to which

each approach

applies.

(b).............. A list of:

(1) The type of

securitization SPEs

that the national

bank or Federal

savings association,

as sponsor, uses to

securitize third-

party exposures. The

national bank or

Federal savings

association must

indicate whether it

has exposure to

these SPEs, either

on- or off-balance

sheet; and

(2) Affiliated

entities:

(i) That the national

bank or Federal

savings association

manages or advises;

and

(ii) That invest

either in the

securitization

exposures that the

national bank or

Federal savings

association has

securitized or in

securitization SPEs

that the national

bank or Federal

savings association

sponsors.\3\

(c).............. Summary of the

national bank's or

Federal savings

association's

accounting policies

for securitization

activities,

including:

(1) Whether the

transactions are

treated as sales or

financings;

(2) Recognition of

gain-on-sale;

(3) Methods and key

assumptions applied

in valuing retained

or purchased

interests;

(4) Changes in

methods and key

assumptions from the

previous period for

valuing retained

interests and impact

of the changes;

(5) Treatment of

synthetic

securitizations;

(6) How exposures

intended to be

securitized are

valued and whether

they are recorded

under subpart D of

this part; and

(7) Policies for

recognizing

liabilities on the

balance sheet for

arrangements that

could require the

national bank or

Federal savings

association to

provide financial

support for

securitized assets.

(d).............. An explanation of

significant changes

to any quantitative

information since

the last reporting

period.Quantitative Disclosures...... (e).............. The total outstanding

exposures

securitized by the

national bank or

Federal savings

association in

securitizations that

meet the operational

criteria provided in

Sec. 3.41

(categorized into

traditional and

synthetic

securitizations), by

exposure type,

separately for

securitizations of

third-party

exposures for which

the bank acts only

as sponsor.\4\

(f).............. For exposures

securitized by the

national bank or

Federal savings

association in

securitizations that

meet the operational

criteria in Sec.

3.41:

(1) Amount of

securitized assets

that are impaired/

past due categorized

by exposure type;

\5\ and

(2) Losses recognized

by the national bank

or Federal savings

association during

the current period

categorized by

exposure type.\6\

(g).............. The total amount of

outstanding

exposures intended

to be securitized

categorized by

exposure type.

(h).............. Aggregate amount of:

(1) On-balance sheet

securitization

exposures retained

or purchased

categorized by

exposure type; and

(2) Off-balance sheet

securitization

exposures

categorized by

exposure type.

(i).............. (1) Aggregate amount

of securitization

exposures retained

or purchased and the

associated capital

requirements for

these exposures,

categorized between

securitization and

resecuritization

exposures, further

categorized into a

meaningful number of

risk weight bands

and by risk-based

capital approach

(e.g., SSFA); and

(2) Exposures that

have been deducted

entirely from tier 1

capital, CEIOs

deducted from total

capital (as

described in Sec.

3.42(a)(1), and

other exposures

deducted from total

capital should be

disclosed separately

by exposure type.

(j).............. Summary of current

year's

securitization

activity, including

the amount of

exposures

securitized (by

exposure type), and

recognized gain or

loss on sale by

exposure type.

(k).............. Aggregate amount of

resecuritization

exposures retained

or purchased

categorized

according to:

(1) Exposures to

which credit risk

mitigation is

applied and those

not applied; and

(2) Exposures to

guarantors

categorized

according to

guarantor

creditworthiness

categories or

guarantor name.------------------------------------------------------------------------\1\ The national bank or Federal savings association should describe the

structure of resecuritizations in which it participates; this

description should be provided for the main categories of

resecuritization products in which the national bank or Federal

savings association is active.\2\ For example, these roles may include originator, investor, servicer,

provider of credit enhancement, sponsor, liquidity provider, or swap

provider.\3\ Such affiliated entities may include, for example, money market

funds, to be listed individually, and personal and private trusts, to

be noted collectively.\4\ ``Exposures securitized'' include underlying exposures originated by

the bank, whether generated by them or purchased, and recognized in

the balance sheet, from third parties, and third-party exposures

included in sponsored transactions. Securitization transactions

(including underlying exposures originally on the bank's balance sheet

and underlying exposures acquired by the bank from third-party

entities) in which the originating bank does not retain any

securitization exposure should be shown separately but need only be

reported for the year of inception. Banks are required to disclose

exposures regardless of whether there is a capital charge under this

part.\5\ Include credit-related other than temporary impairment (OTTI).\6\ For example, charge-offs/allowances (if the assets remain on the

bank's balance sheet) or credit-related OTTI of interest-only strips

and other retained residual interests, as well as recognition of

liabilities for probable future financial support required of the bank

with respect to securitized assets.

(a).............. The general

qualitative

disclosure

requirement with

respect to equity

risk for equities

not subject to

subpart F of this

part, including:

(1) Differentiation

between holdings on

which capital gains

are expected and

those taken under

other objectives

including for

relationship and

strategic reasons;

and

(2) Discussion of

important policies

covering the

valuation of and

accounting for

equity holdings not

subject to subpart F

of this part. This

includes the

accounting

techniques and

valuation

methodologies used,

including key

assumptions and

practices affecting

valuation as well as

significant changes

in these practices.Quantitative Disclosures...... (b).............. Value disclosed on

the balance sheet of

investments, as well

as the fair value of

those investments;

for securities that

are publicly traded,

a comparison to

publicly-quoted

share values where

the share price is

materially different

from fair value.

(c).............. The types and nature

of investments,

including the amount

that is: (1)

Publicly traded; and

(2) Non publicly

traded.

(d).............. The cumulative

realized gains

(losses) arising

from sales and

liquidations in the

reporting period.

(e).............. (1) Total unrealized

gains (losses).\1\

(2) Total latent

revaluation gains

(losses).\2\

(3) Any amounts of

the above included

in tier 1 or tier 2

capital.

(f).............. Capital requirements

categorized by

appropriate equity

groupings,

consistent with the

national bank's or

Federal savings

association's

methodology, as well

as the aggregate

amounts and the type

of equity

investments subject

to any supervisory

transition regarding

regulatory capital

requirements.------------------------------------------------------------------------\1\ Unrealized gains (losses) recognized on the balance sheet but not

through earnings.\2\ Unrealized gains (losses) not recognized either on the balance sheet

or through earnings.

(a).............. The general

qualitative

disclosure

requirement,

including the nature

of interest rate

risk for non-trading

activities and key

assumptions,

including

assumptions

regarding loan

prepayments and

behavior of non-

maturity deposits,

and frequency of

measurement of

interest rate risk

for non-trading

activities.Quantitative disclosures...... (b).............. The increase

(decline) in

earnings or economic

value (or relevant

measure used by

management) for

upward and downward

rate shocks

according to

management's method

for measuring

interest rate risk

for non-trading

activities,

categorized by

currency (as

appropriate).------------------------------------------------------------------------ Secs. 3.64-3.99 [Reserved]