[Code of Federal Regulations] [Title 12, Volume 3] [Revised as of January 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 12CFR250.242] [Page 681] TITLE 12--BANKS AND BANKING CHAPTER II--FEDERAL RESERVE SYSTEM PART 250--MISCELLANEOUS INTERPRETATIONS--Table of Contents Sec. 250.242 Section 23A of the Federal Reserve Act--definition of capital stock and surplus. (a) An insured depository institution's capital stock and surplus for purposes of section 23A of the Federal Reserve Act (12 U.S.C. 371c) is: (1) Tier 1 and Tier 2 capital included in an institution's risk- based capital under the capital guidelines of the appropriate Federal banking agency, based on the institution's most recent consolidated Report of Condition and Income filed under 12 U.S.C. 1817(a)(3); and (2) The balance of an institution's allowance for loan and lease losses not included in its Tier 2 capital for purposes of the calculation of risk-based capital by the appropriate Federal banking agency, based on the institution's most recent consolidated Report of Condition and Income filed under 12 U.S.C. 1817(a)(3). (b) For purposes of this section, the terms appropriate Federal banking agency and insured depository institution are defined as those terms are defined in section 3 of the Federal Deposit Insurance Act, 12 U.S.C. 1813. [61 FR 19806, May 3, 1996] Effective Date Note: At 67 FR 76622, Dec. 12, 2002, Sec. 250.242 was removed, effective Apr. 1, 2003.