Compliance Guide for Small Entities Regulation H: Membership of State Banking Institutions in the Federal Reserve System 12 CFR 208 This description should not be interpreted as a comprehensive statement of the regulation. Rather, it is intended to give a broad overview of the regulation's requirements. The full regulation is available on the Government Printing Office web site. Regulation H defines the membership requirements for state-chartered banks; describes membership privileges and conditions imposed on these banks; sets out procedures for requesting approval to establish branches and for requesting voluntary withdrawal from membership; provides information for registering and filing financial statements; sets out procedures for dealing with banks that are less than adequately capitalized; and establishes real estate lending standards. A general description of the regulation, by section, follows. Subpart A--General Membership and Branching Requirements Section 208.1 Authority, purpose, and scopeSpecifies that the regulation applies to state member banks and to state banks applying for membership in the Federal Reserve System.
Section 208.2 Definitions
Section 208.3 Application and conditions for membership in the Federal Reserve System
Section 208.4 Capital adequacy
Section 208.5 Dividends and other distributions
Section 208.6 Establishment and maintenance of branches
Section 208.7 Prohibition against use of interstate branches primarily for deposit production Subpart B--Investments and Loans
Section 208.20 Authority, purpose, and scope
Section 208.21 Investments in premises and securities
Section 208.22 Community development and public-welfare investments
Section 208.23 Agricultural loan loss amortization
Section 208.24 Letters of credit and acceptances
Section 208.25 Loans in areas having special flood hazards Subpart C--Bank Securities and Securities-Related Activities
Describes the requirements imposed on member banks acting as transfer agents, registered clearing agents, or sellers of securities under the Securities Exchange Act of 1934 (the "Act"). Prescribes procedures for the registration of transfer agents under the Act and sets forth their operational, reporting, and confirmation requirements, including definitions and specific exceptions. Addresses the registered clearing agent activities of member banks, including participant applications and disciplinary actions. The activities of member banks acting as government securities brokers or dealers are covered by this subpart.
(Sections 208.30--208.37) This subpart also describes the reporting requirements imposed on member banks whose own securities are subject to registration under the Act. Subpart D--Prompt Corrective Action Defines capital measures and capital levels that are used for determining supervisory actions for insured depository institutions that are not adequately capitalized. Depending on its total Tier 1 risk-based capital ratios, its Tier 1 leverage ratio, and, in certain circumstances, its condition or practices, a state member bank may be deemed to be
This subpart also establishes procedures for the submission and review of capital restoration plans and describes mandatory and discretionary supervisory actions under section 38 of the Federal Deposit Insurance Act. Subpart E--Real Estate Lending and Appraisal Standards Requires state member banks to adopt and maintain written policies that establish limits and standards for extensions of credit that are secured by liens on or interests in real estate. The policies must be consistent with safe and sound banking practices and must be reviewed and approved by the bank's board of directors at least annually. Subpart F--Miscellaneous Requirements Describes a member bank's obligation to implement security procedures to
This subpart also describes the examination schedule for certain small insured member banks. Subpart G--Financial Subsidiaries of State Member Banks Subpart H--Consumer Protection in Sales of Insurance Subpart I--Interpretations Presents the official interpretations of the regulation. Appendix A Capital adequacy guidelines for state member banks; risk-based measure Appendix B Capital adequacy guidelines for state member banks; tier 1 leverage measure Appendix C Interagency guidelines for real estate lending policies Appendix D-1 Interagency guidelines establishing standards for safety and soundness Appendix D-2 Interagency guidelines establishing standards for safeguarding consumer information Small-entity compliance guide Appendix E Capital adequacy guidelines for state member banks; market risk measure |