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12 U.S.C. § 2

Title 12 Chapter 23 Current through PL 119-73 Last updated: March 29, 2026 View on OLRC →
Sections in this chapter

§ 2279bb–2. Minimum capital level

  • (a) Except as provided in subsection (b), for purposes of this part, the minimum capital level for the Corporation shall be an amount of core capital equal to the sum of
    • (1) 2.75 percent of the aggregate on-balance sheet assets of the Corporation, as determined in accordance with generally accepted accounting principles; and
    • (2) 0.75 percent of the aggregate off-balance sheet obligations of the Corporation, which, for the purposes of this part, shall include
      • (A) the unpaid principal balance of outstanding securities that are guaranteed by the Corporation and backed by pools of qualified loans;
      • (B) instruments that are issued or guaranteed by the Corporation and are substantially equivalent to instruments described in subparagraph (A); and
      • (C) other off-balance sheet obligations of the Corporation.
  • (b)
    • (1) For purposes of this part, the minimum capital level for the Corporation—
      • (A) prior to January 1, 1997 , shall be the amount of core capital equal to the sum of—
        • (i) 0.45 percent of aggregate off-balance sheet obligations of the Corporation;
        • (ii) 0.45 percent of designated on-balance sheet assets of the Corporation, as determined under paragraph (2); and
        • (iii) 2.50 percent of on-balance sheet assets of the Corporation other than assets designated under paragraph (2);
      • (B) during the 1-year period ending December 31, 1997 , shall be the amount of core capital equal to the sum of—
        • (i) 0.55 percent of aggregate off-balance sheet obligations of the Corporation;
        • (ii) 1.20 percent of designated on-balance sheet assets of the Corporation, as determined under paragraph (2); and
        • (iii) 2.55 percent of on-balance sheet assets of the Corporation other than assets designated under paragraph (2);
      • (C) during the 1-year period ending December 31, 1998 , shall be the amount of core capital equal to—
        • (i) if the Corporation’s core capital is not less than $25,000,000 on January 1, 1998 , the sum of—
          • (I) 0.65 percent of aggregate off-balance sheet obligations of the Corporation;
          • (II) 1.95 percent of designated on-balance sheet assets of the Corporation, as determined under paragraph (2); and
          • (III) 2.65 percent of on-balance sheet assets of the Corporation other than assets designated under paragraph (2); or
        • (ii) if the Corporation’s core capital is less than $25,000,000 on January 1, 1998 , the amount determined under subsection (a); and
      • (D) on and after January 1, 1999 , shall be the amount determined under subsection (a).
    • (2) For purposes of this subsection, the designated on-balance sheet assets of the Corporation shall be—
      • (A) the aggregate on-balance sheet assets of the Corporation acquired under section 2279aa–6(d) of this title ; and
      • (B) the aggregate amount of qualified loans purchased and held by the Corporation under section 2279aa–3(c)(13) of this title .

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