[Code of Federal Regulations]
[Title 12, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 12CFR208.40]

[Page 237-238]
 
                       TITLE 12--BANKS AND BANKING
 
                   CHAPTER II--FEDERAL RESERVE SYSTEM
 
PART 208--MEMBERSHIP OF STATE BANKING INSTITUTIONS IN THE FEDERAL RESERVE SYSTEM (REGULATION H)--Table of Contents
 
                   Subpart D--Prompt Corrective Action
 
Sec. 208.40  Authority, purpose, scope, other supervisory authority, and disclosure of capital categories.

    Source: 63 FR 37652, July 13, 1998, unless otherwise noted.


    (a) Authority. Subpart D of Regulation H (12 CFR part 208, Subpart 
D) is issued by the Board of Governors of the Federal Reserve System 
(Board) under section 38 (section 38) of the FDI Act as added by section 
131 of the Federal Deposit Insurance Corporation Improvement Act of 1991 
(Pub. L. 102-242, 105 Stat. 2236 (1991)) (12 U.S.C. 1831o).
    (b) Purpose and scope. This subpart D defines the capital measures 
and capital levels that are used for determining the supervisory actions 
authorized under section 38 of the FDI Act. (Section 38 of the FDI Act 
establishes a framework of supervisory actions for insured depository 
institutions that are not adequately capitalized.) This subpart also 
establishes procedures for submission and review of capital restoration 
plans and for issuance and review of directives and orders pursuant to 
section 38. Certain of the provisions of this subpart apply to officers, 
directors, and employees of state member banks. Other provisions apply 
to any company that controls a member bank and to the affiliates of the 
member bank.
    (c) Other supervisory authority. Neither section 38 nor this subpart 
in any way limits the authority of the Board under any other provision 
of law to take supervisory actions to address unsafe or unsound 
practices or conditions, deficient capital levels, violations of law, or 
other practices. Action under section 38 of the FDI Act and this subpart 
may be taken independently of, in conjunction with, or in addition to 
any other enforcement action available to the Board, including issuance 
of cease and desist orders, capital directives, approval or denial of 
applications or notices, assessment of civil money penalties, or any 
other actions authorized by law.

[[Page 238]]

    (d) Disclosure of capital categories. The assignment of a bank under 
this subpart within a particular capital category is for purposes of 
implementing and applying the provisions of section 38. Unless permitted 
by the Board or otherwise required by law, no bank may state in any 
advertisement or promotional material its capital category under this 
subpart or that the Board or any other Federal banking agency has 
assigned the bank to a particular capital category.