Pub. L. 110-289, div. A, tit. I, subtit. A, sec. 1111

MINIMUM CAPITAL LEVELS.

EnactedYear: 2008Length: 464 wordsOfficial source
SEC. 1111. MINIMUM CAPITAL LEVELS. Section 1362 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4612) is amended—(1) in subsection (a), by striking “In General” and inserting “Enterprises”; and(2) by striking subsection (b) and inserting the following:“(b) Federal Home Loan Banks.—For purposes of this subtitle, the minimum capital level for each Federal Home Loan Bank shall be the minimum capital required to be maintained to comply with the leverage requirement for the bank established under section 6(a)(2) of the Federal Home Loan Bank Act (12 U.S.C. 1426(a)(2)).“(c) Establishment of Revised Minimum Capital Levels.—Notwithstanding subsections (a) and (b) and notwithstanding the capital classifications of the regulated entities, the Director may, by regulations issued under section 1319G, establish a minimum capital level for the enterprises, for the Federal Home Loan Banks, or for both the enterprises and the banks, that is higher than the level specified in subsection (a) for the enterprises or the level specified in subsection (b) for the Federal Home Loan Banks, to the extent needed to ensure that the regulated entities operate in a safe and sound manner.“(d) Authority To Require Temporary Increase.—“(1) In general.—Notwithstanding subsections (a) and (b) and any minimum capital level established pursuant to subsection (c), the Director may, by order, increase the minimum capital level for a regulated entity on a temporary basis, when the Director determines that such an increase is necessary and consistent with the prudential regulation and the safe and sound operations of a regulated entity.“(2) Rescission.—The Director shall rescind any temporary minimum capital level established under paragraph (1) when the Director determines that the circumstances or facts no longer justify the temporary minimum capital level.“(3) Regulations required.—The Director shall issue regulations establishing—“(A) standards for the imposition of a temporary increase in minimum capital under paragraph (1);122 STAT. 2677“(B) the standards and procedures that the Director will use to make the determination referred to in paragraph (2); and“(C) a reasonable time frame for periodic review of any temporary increase in minimum capital for the purpose of making the determination referred to in paragraph (2).“(e) Authority To Establish Additional Capital and Reserve Requirements for Particular Purposes.—The Director may, at any time by order or regulation, establish such capital or reserve requirements with respect to any product or activity of a regulated entity, as the Director considers appropriate to ensure that the regulated entity operates in a safe and sound manner, with sufficient capital and reserves to support the risks that arise in the operations and management of the regulated entity.“(f) Periodic Review.—The Director shall periodically review the amount of core capital maintained by the enterprises, the amount of capital retained by the Federal Home Loan Banks, and the minimum capital levels established for such regulated entities pursuant to this section.”.
Pub. L. 110-289, div. A, tit. I, subtit. A, sec. 1111: MINIMUM CAPITAL LEVELS. | Justis AI