Contents
- 50.1 Purpose and applicability.
- 50.10 Liquidity coverage ratio.
- 50.100 Net stable funding ratio.
- 50.101 Determining maturity.
- 50.102 Rules of construction.
- 50.103 Calculation of available stable funding amount.
- 50.104 ASF factors.
- 50.105 Calculation of required stable funding amount.
- 50.106 RSF factors.
- 50.107 Calculation of NSFR derivatives amounts.
- 50.108 Funding related to Covered Federal Reserve Facility Funding.
- 50.109 Rules for consolidation.
- 50.110 NSFR shortfall: Supervisory framework.
- 50.120 Transitions.
- 50.2 Reservation of authority.
- 50.20 High-quality liquid asset criteria.
- 50.21 High-quality liquid asset amount.
- 50.22 Requirements for eligible high-quality liquid assets.
- 50.3 Definitions.
- 50.30 Total net cash outflow amount.
- 50.31 Determining maturity.
- 50.32 Outflow amounts.
- 50.33 Inflow amounts.
- 50.34 Cash flows related to Covered Federal Reserve Facility Funding.
- 50.4 Certain operational requirements.
- 50.40 Liquidity coverage shortfall: Supervisory framework.
- 50.50 Transitions.
Subpart A · Subpart A—General Provisions
50.1Purpose and applicability.#
(a)Purpose. This part establishes a minimum liquidity standard and a minimum stable funding standard for certain national banks and Federal savings associations on a consolidated basis, as set forth herein.
(b)Applicability. (1) A national bank or Federal savings association is subject to the minimum liquidity standard, minimum stable funding standard, and other requirements of this part if:
(i)It is a:
(A)GSIB depository institution supervised by the OCC;
(B)Category II national bank or Federal savings association; or
(C)Category III national bank or Federal savings association; or
(ii)The OCC has determined that application of this part is appropriate in light of the national bank's or Federal savings association's asset size, level of complexity, risk profile, scope of operations, affiliation with foreign or domestic covered entities, or risk to the financial system.
(2)This part does not apply to:
(i)A bridge financial company as defined in 12 U.S.C. 5381(a)(3), or a subsidiary of a bridge financial company;
(ii)A new depository institution or a bridge depository institution, as defined in 12 U.S.C. 1813(i); or
(iii)A Federal branch or agency as defined by 12 CFR 28.11.
(3)In making a determination under paragraph (b)(1)(ii) of this section, the OCC will apply notice and response procedures in the same manner and to the same extent as the notice and response procedures in 12 CFR 3.404.
50.2Reservation of authority.#
(a)The OCC may require a national bank or Federal savings association to hold an amount of high-quality liquid assets (HQLA) greater than otherwise required under this part, or to take any other measure to improve the national bank's or Federal savings association's liquidity risk profile, if the OCC determines that the national bank's or Federal savings association's liquidity requirements as calculated under this part are not commensurate with the national bank's or Federal savings association's liquidity risks. In making determinations under this section, the OCC will apply notice and response procedures as set forth in 12 CFR 3.404.
(b)The OCC may require a national bank or Federal savings association to maintain an amount of available stable funding greater than otherwise required under this part, or to take any other measure to improve the national bank's or Federal savings association's stable funding, if the OCC determines that the national bank's or Federal savings association's stable funding requirements as calculated under this part are not commensurate with the national bank's or Federal savings association's funding risks. In making determinations under this section, the OCC will apply notice and response procedures as set forth in 12 CFR 3.404.
(c)Nothing in this part limits the authority of the OCC under any other provision of law or regulation to take supervisory or enforcement action, including action to address unsafe or unsound practices or conditions, deficient liquidity levels, deficient stable funding levels, or violations of law.
50.3Definitions.#
For the purposes of this part: Affiliated depository institution means with respect to a national bank or Federal savings association that is a depository institution, another depository institution that is a consolidated subsidiary of a bank holding company or savings and loan holding company of which the national bank or Federal savings association is also a consolidated subsidiary. Asset exchange means a transaction in which, as of the calculation date, the counterparties have previously exchanged non-cash assets, and have each agreed to return such assets to each other at a future date. Asset exchanges do not include secured funding and secured lending transactions. Average weighted short-term wholesale funding means the average of the national bank's or Federal savings association's weighted short-term wholesale funding for each of the four most recent calendar quarters as reported quarterly on the FR Y-15 or, if the national bank or Federal savings association has not filed the FR Y-15 for each of the four most recent calendar quarters, for the most recent quarter or averaged over the most recent quarters, as applicable. Bank holding company is defined in section 2 of the Bank Holding Company Act of 1956, as amended (12 U.S.C. 1841 et seq.). Brokered deposit means any deposit held at the national bank or Federal savings association that is obtained, directly or indirectly, from or through the mediation or assistance of a deposit broker as that term is defined in section 29 of the Federal Deposit Insurance Act (12 U.S.C. 1831f(g)) and the Federal Deposit Insurance Corporation's regulations. Brokered reciprocal deposit means a brokered deposit that a national bank or Federal savings association receives through a deposit placement network on a reciprocal basis, such that:
(1)For any deposit received, the national bank or Federal savings association (as agent for the depositors) places the same amount with other depository institutions through the network; and
(2)Each member of the network sets the interest rate to be paid on the entire amount of funds it places with other network members. Calculation date means, for subparts B through J of this part, any date on which a national bank or Federal savings association calculates its liquidity coverage ratio under § 50.10, and for subparts K through M of this part, any date on which a national bank or Federal savings association calculates its net stable funding ratio under § 50.100. Call Report means the Consolidated Reports of Condition and Income. Carrying value means, with respect to an asset, NSFR regulatory capital element, or NSFR liability, the value on the balance sheet of the national bank or Federal savings association, each as determined in accordance with GAAP. Category II national bank or Federal savings association means:
(1)Is held by the depositor in a transactional account; or
(i)A grandfathered unitary savings and loan holding company as defined in section 10(c)(9)(A) of the Home Owners' Loan Act (12 U.S.C. 1461 et seq.); and
(ii)As of June 30 of the previous calendar year, derived 50 percent or more of its total consolidated assets or 50 percent of its total revenues on an enterprise-wide basis (as calculated under GAAP) from activities that are not financial in nature under section 4(k) of the Bank Holding Company Act (12 U.S.C. 1843(k));
(A)Is a consolidated subsidiary of:
(2)The depositor that holds the account has another established relationship with the national bank or Federal savings association such as another deposit account, a loan, bill payment services, or any similar service or product provided to the depositor that the national bank or Federal savings association demonstrates to the satisfaction of the OCC would make deposit withdrawal highly unlikely during a liquidity stress event. State means any state, commonwealth, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, or the United States Virgin Islands. Structured security means a security whose cash flow characteristics depend upon one or more indices or that has embedded forwards, options, or other derivatives or a security where an investor's investment return and the issuer's payment obligations are contingent on, or highly sensitive to, changes in the value of underlying assets, indices, interest rates, or cash flows. Structured transaction means a secured transaction in which repayment of obligations and other exposures to the transaction is largely derived, directly or indirectly, from the cash flow generated by the pool of assets that secures the obligations and other exposures to the transaction. Sweep deposit means a deposit held at the national bank or Federal savings association by a customer or counterparty through a contractual feature that automatically transfers to the national bank or Federal savings association from another regulated financial company at the close of each business day amounts identified under the agreement governing the account from which the amount is being transferred. Two-way market means a market where there are independent bona fide offers to buy and sell so that a price reasonably related to the last sales price or current bona fide competitive bid and offer quotations can be determined within one day and settled at that price within a relatively short time frame conforming to trade custom. U.S. government-sponsored enterprise means an entity established or chartered by the Federal government to serve public purposes specified by the United States Congress, but whose debt obligations are not explicitly guaranteed by the full faith and credit of the United States government. U.S. intermediate holding company means the top-tier company that is required to be established pursuant to 12 CFR 252.153. Unconditionally cancelable means, with respect to a credit or liquidity facility, that a national bank or Federal savings association may, at any time, with or without cause, refuse to extend credit under the facility (to the extent permitted under applicable law). Unsecured wholesale funding means a liability or general obligation of the national bank or Federal savings association to a wholesale customer or counterparty that is not a secured funding transaction. Unsecured wholesale funding includes wholesale deposits. Unsecured wholesale funding does not include asset exchanges. Unsecured wholesale lending means a liability or general obligation of a wholesale customer or counterparty to the national bank or Federal savings association that is not a secured lending transaction or a security. Unsecured wholesale lending does not include asset exchanges. Wholesale customer or counterparty means a customer or counterparty that is not a retail customer or counterparty. Wholesale deposit means a demand or term deposit that is provided by a wholesale customer or counterparty.
(i)The national bank or Federal savings association manages its transactions with the business customer, including deposits, unsecured funding, and credit facility and liquidity facility transactions, in the same way it manages its transactions with individuals;
(A)In receivership, conservatorship, or resolution under the Federal Deposit Insurance Act, Title II of the Dodd-Frank Act, or under any similar insolvency law applicable to GSEs, or laws of foreign jurisdictions that are substantially similar to the U.S. laws referenced in this paragraph (2)(i)(A) in order to facilitate the orderly resolution of the defaulting counterparty; or
(B)Where the agreement is subject by its terms to, or incorporates, any of the laws referenced in paragraph (2)(i)(A) of this definition; and
(ii)Transactions with the business customer have liquidity risk characteristics that are similar to comparable transactions with individuals; and
(B)Has:
(1)Total consolidated assets, calculated based on the average of the depository institution's total consolidated assets for the four most recent calendar quarters as reported on the Call Report, of $100 billion or more but less than $250 billion. If the depository institution has not filed the Call Report for each of the four most recent calendar quarters, total consolidated assets means its total consolidated assets, as reported on the Call Report, for the most recent quarter or the average of the most recent quarters, as applicable; and
(2)One or more of the following in paragraphs (2)(ii)(B)(2)(i) through (iii) of this definition, each measured as the average of the four most recent calendar quarters, or if the depository institution has not filed the FR Y-9LP or equivalent reporting form, Call Report, or FR Y-15 or equivalent reporting form, as applicable for each of the four most recent calendar quarters, for the most recent quarter or the average of the most recent quarters, as applicable:
(i)Total nonbank assets, calculated in accordance with instructions to the FR Y-9LP or equivalent reporting form, equal to $75 billion or more;
(ii)Off-balance sheet exposure, calculated in accordance with the instructions to the FR Y-15 or equivalent reporting form, minus the total consolidated assets of the depository institution, as reported on the Call Report, equal to $75 billion or more; or
(iii)Weighted short-term wholesale funding, calculated in accordance with the instructions to the FR Y-15 or equivalent reporting form, equal to $75 billion or more.
(iii)The total aggregate funding raised from the business customer is less than $1.5 million; or
(A)(1) Has less than $250 billion in total consolidated assets, as reported on the Call Report, for each of the four most recent calendar quarters;
(B)Has less than $100 billion in total consolidated assets, as reported on the Call Report, for each of the four most recent calendar quarters; or
(C)Is a GSIB depository institution. Category III national bank or Federal savings association means:
(3)A living or testamentary trust that:
(i)Is solely for the benefit of natural persons;
(ii)Does not have a corporate trustee; and
(iii)Terminates within 21 years and 10 months after the death of grantors or beneficiaries of the trust living on the effective date of the trust or within 25 years, if applicable under state law. Retail deposit means a demand or term deposit that is placed with the national bank or Federal savings association by a retail customer or counterparty, other than a brokered deposit. Retail mortgage means a mortgage that is primarily secured by a first or subsequent lien on one-to-four family residential property. Savings and loan holding company means a savings and loan holding company as defined in section 10 of the Home Owners' Loan Act (12 U.S.C. 1467a). SEC means the Securities and Exchange Commission. Secured funding transaction means any funding transaction that is subject to a legally binding agreement that gives rise to a cash obligation of the national bank or Federal savings association to a wholesale customer or counterparty that is secured under applicable law by a lien on securities or loans provided by the national bank or Federal savings association, which gives the wholesale customer or counterparty, as holder of the lien, priority over the securities or loans in the event the national bank or Federal savings association enters into receivership, bankruptcy, insolvency, liquidation, resolution, or similar proceeding. Secured funding transactions include repurchase transactions, securities lending transactions, other secured loans, and borrowings from a Federal Reserve Bank. Secured funding transactions do not include securities. Secured lending transaction means any lending transaction that is subject to a legally binding agreement that gives rise to a cash obligation of a wholesale customer or counterparty to the national bank or Federal savings association that is secured under applicable law by a lien on securities or loans provided by the wholesale customer or counterparty, which gives the national bank or Federal savings association, as holder of the lien, priority over the securities or loans in the event the counterparty enters into receivership, bankruptcy, insolvency, liquidation, resolution, or similar proceeding. Secured lending transactions include reverse repurchase transactions and securities borrowing transactions. Secured lending transactions do not include securities. Securities Exchange Act means the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.). Sovereign entity means a central government (including the U.S. government) or an agency, department, ministry, or central bank of a central government. Special purpose entity means a company organized for a specific purpose, the activities of which are significantly limited to those appropriate to accomplish a specific purpose, and the structure of which is intended to isolate the credit risk of the special purpose entity. Stable retail deposit means a retail deposit that is entirely covered by deposit insurance and:
(B)Has total consolidated assets, calculated based on the average of the national bank's or Federal savings association's total consolidated assets for the four most recent calendar quarters as reported on the Call Report, equal to $10 billion or more.
(ii)If the national bank or Federal savings association has not filed the Call Report for each of the four most recent calendar quarters, total consolidated assets means its total consolidated assets, as reported on the Call Report, for the most recent quarter or the average of the most recent quarters, as applicable. After meeting the criteria under this paragraph (1), a national bank or Federal savings association continues to be a Category III national bank or Federal savings association until the national bank or Federal savings association has less than $10 billion in total consolidated assets, as reported on the Call Report, for each of the four most recent calendar quarters, or the national bank or Federal savings association is no longer a consolidated subsidiary of an entity described in paragraph (1)(i)(A)(1), (2), or (3) of this definition; or
(4)“Term deposits” of the national bank or Federal savings association as defined in section 204.2(dd) of Regulation D (12 CFR 204.2(dd)) if such term deposits are offered and maintained pursuant to terms and conditions that:
(i)Explicitly and contractually permit such term deposits to be withdrawn upon demand prior to the expiration of the term, or that
(ii)Permit such term deposits to be pledged as collateral for term or automatically-renewing overnight advances from the Federal Reserve Bank. Retail customer or counterparty means a customer or counterparty that is:
(B)Has less than $100 billion in total consolidated assets, as reported on the Call Report, for each of the four most recent calendar quarters; or
(C)Is a Category II national bank or Federal savings bank; or
(D)Is a GSIB depository institution. Client pool security means a security that is owned by a customer of the national bank or Federal savings association that is not an asset of the national bank or Federal savings association, regardless of a national bank's or Federal savings association's hypothecation rights with respect to the security. Collateralized deposit means:
(5)A securities holding company as defined in section 618 of the Dodd-Frank Act (12 U.S.C. 1850a); broker or dealer registered with the SEC under section 15 of the Securities Exchange Act (15 U.S.C. 78o); futures commission merchant as defined in section 1a of the Commodity Exchange Act of 1936 (7 U.S.C. 1 et seq.); swap dealer as defined in section 1a of the Commodity Exchange Act (7 U.S.C. 1a); or security-based swap dealer as defined in section 3 of the Securities Exchange Act (15 U.S.C. 78c);
(6)A designated financial market utility, as defined in section 803 of the Dodd-Frank Act (12 U.S.C. 5462);
(7)A U.S. intermediate holding company; and
(8)Any company not domiciled in the United States (or a political subdivision thereof) that is supervised and regulated in a manner similar to entities described in paragraphs (1) through (7) of this definition (e.g., a foreign banking organization, foreign insurance company, foreign securities broker or dealer or foreign financial market utility).
(9)A regulated financial company does not include:
(i)U.S. government-sponsored enterprises;
(ii)Small business investment companies, as defined in section 102 of the Small Business Investment Act of 1958 (15 U.S.C. 661 et seq.);
(iii)Entities designated as Community Development Financial Institutions (CDFIs) under 12 U.S.C. 4701 et seq. and 12 CFR part 1805; or
(iv)Central banks, the Bank for International Settlements, the International Monetary Fund, or multilateral development banks. Reserve Bank balances means:
(10)Scheduled distribution of customer funds;
(11)Escrow, funds transfer, stock transfer, and agency services, including payment and settlement services, payment of fees, taxes, and other expenses; and
(12)Collection and aggregation of funds. Pension fund means an employee benefit plan as defined in paragraphs (3) and (32) of section 3 of the Employee Retirement Income and Security Act of 1974 (29 U.S.C. 1001 et seq.), a “governmental plan” (as defined in 29 U.S.C. 1002(32)) that complies with the tax deferral qualification requirements provided in the Internal Revenue Code, or any similar employee benefit plan established under the laws of a foreign jurisdiction. Public sector entity means a state, local authority, or other governmental subdivision below the U.S. sovereign entity level. Publicly traded means, with respect to an equity security, that the equity security is traded on:
50.4Certain operational requirements.#
(a)Qualifying master netting agreements. In order to recognize an agreement as a qualifying master netting agreement as defined in § 50.3, a national bank or Federal savings association must:
(1)Conduct sufficient legal review to conclude with a well-founded basis (and maintain sufficient written documentation of that legal review) that:
(i)The agreement meets the requirements of the definition of qualifying master netting agreement in § 50.3; and
(ii)In the event of a legal challenge (including one resulting from default or from receivership, bankruptcy, insolvency, liquidation, resolution, or similar proceeding) the relevant judicial and administrative authorities would find the agreement to be legal, valid, binding, and enforceable under the law of the relevant jurisdictions; and
(2)Establish and maintain written procedures to monitor possible changes in relevant law and to ensure that the agreement continues to satisfy the requirements of the definition of qualifying master netting agreement in § 50.3.
(b)Operational deposits. In order to recognize a deposit as an operational deposit as defined in § 50.3:
(1)The related operational services must be performed pursuant to a legally binding written agreement, and:
(i)The termination of the agreement must be subject to a minimum 30 calendar-day notice period; or
(ii)As a result of termination of the agreement or transfer of services to a third-party provider, the customer providing the deposit would incur significant contractual termination costs or switching costs (switching costs include significant technology, administrative, and legal service costs incurred in connection with the transfer of the operational services to a third-party provider);
(2)The deposit must be held in an account designated as an operational account;
(3)The customer must hold the deposit at the national bank or Federal savings association for the primary purpose of obtaining the operational services provided by the national bank or Federal savings association;
(4)The deposit account must not be designed to create an economic incentive for the customer to maintain excess funds therein through increased revenue, reduction in fees, or other offered economic incentives;
(5)The national bank or Federal savings association must demonstrate that the deposit is empirically linked to the operational services and that it has a methodology that takes into account the volatility of the average balance for identifying any excess amount, which must be excluded from the operational deposit amount;
(6)The deposit must not be provided in connection with the national bank's or Federal savings association's provision of prime brokerage services, which, for the purposes of this part, are a package of services offered by the national bank or Federal savings association whereby the national bank or Federal savings association, among other services, executes, clears, settles, and finances transactions entered into by the customer or a third-party entity on behalf of the customer (such as an executing broker), and where the national bank or Federal savings association has a right to use or rehypothecate assets provided by the customer, including in connection with the extension of margin and other similar financing of the customer, subject to applicable law, and includes operational services provided to a non-regulated fund; and
(7)The deposits must not be for arrangements in which the national bank or Federal savings association (as correspondent) holds deposits owned by another depository institution bank (as respondent) and the respondent temporarily places excess funds in an overnight deposit with the national bank or Federal savings association.
Subpart B · Subpart B—Liquidity Coverage Ratio
50.10Liquidity coverage ratio.#
(a)Minimum liquidity coverage ratio requirement. Subject to the transition provisions in subpart F of this part, a national bank or Federal savings association must calculate and maintain a liquidity coverage ratio that is equal to or greater than 1.0 on each business day in accordance with this part. A national bank or Federal savings association must calculate its liquidity coverage ratio as of the same time on each calculation date (the elected calculation time). The national bank or Federal savings association must select this time by written notice to the OCC prior to December 31, 2019. The national bank or Federal savings association may not thereafter change its elected calculation time without prior written approval from the OCC.
(b)Calculation of the liquidity coverage ratio. A national bank's or Federal savings association's liquidity coverage ratio equals:
(1)The national bank's or Federal savings association's HQLA amount as of the calculation date, calculated under subpart C of this part; divided by
(2)The national bank's or Federal savings association's total net cash outflow amount as of the calculation date, calculated under subpart D of this part.
Subpart C · Quality Liquid Assets
50.20High-quality liquid asset criteria.#
(a)Level 1 liquid assets. An asset is a level 1 liquid asset if it is one of the following types of assets:
(1)Reserve Bank balances;
(2)Foreign withdrawable reserves;
(3)A security that is issued by, or unconditionally guaranteed as to the timely payment of principal and interest by, the U.S. Department of the Treasury;
(4)A security that is issued by, or unconditionally guaranteed as to the timely payment of principal and interest by, a U.S. government agency (other than the U.S. Department of the Treasury) whose obligations are fully and explicitly guaranteed by the full faith and credit of the U.S. government, provided that the security is liquid and readily-marketable;
(5)A security that is issued by, or unconditionally guaranteed as to the timely payment of principal and interest by, a sovereign entity, the Bank for International Settlements, the International Monetary Fund, the European Central Bank, European Community, or a multilateral development bank, that is:
(i)Assigned a zero percent risk weight under subpart D of (12 CFR part 3) as of the calculation date;
(ii)Liquid and readily-marketable;
(iii)Issued or guaranteed by an entity whose obligations have a proven record as a reliable source of liquidity in repurchase or sales markets during stressed market conditions; and
(iv)Not an obligation of a financial sector entity and not an obligation of a consolidated subsidiary of a financial sector entity; or
(6)A security issued by, or unconditionally guaranteed as to the timely payment of principal and interest by, a sovereign entity that is not assigned a zero percent risk weight under subpart D of (12 CFR part 3), where the sovereign entity issues the security in its own currency, the security is liquid and readily-marketable, and the national bank or Federal savings association holds the security in order to meet its net cash outflows in the jurisdiction of the sovereign entity, as calculated under subpart D of this part.
(b)Level 2A liquid assets. An asset is a level 2A liquid asset if the asset is liquid and readily-marketable and is one of the following types of assets:
(1)A security issued by, or guaranteed as to the timely payment of principal and interest by, a U.S. government-sponsored enterprise, that is investment grade under 12 CFR part 1 as of the calculation date, provided that the claim is senior to preferred stock; or
(2)A security that is issued by, or guaranteed as to the timely payment of principal and interest by, a sovereign entity or multilateral development bank that is:
(i)Not included in level 1 liquid assets;
(ii)Assigned no higher than a 20 percent risk weight under subpart D of (12 CFR part 3) as of the calculation date;
(iii)Issued or guaranteed by an entity whose obligations have a proven record as a reliable source of liquidity in repurchase or sales markets during stressed market conditions, as demonstrated by:
(A)The market price of the security or equivalent securities of the issuer declining by no more than 10 percent during a 30 calendar-day period of significant stress, or
(B)The market haircut demanded by counterparties to secured lending and secured funding transactions that are collateralized by the security or equivalent securities of the issuer increasing by no more than 10 percentage points during a 30 calendar-day period of significant stress; and
(iv)Not an obligation of a financial sector entity, and not an obligation of a consolidated subsidiary of a financial sector entity.
(c)Level 2B liquid assets. An asset is a level 2B liquid asset if the asset is liquid and readily-marketable and is one of the following types of assets:
(1)A corporate debt security that is:
(i)Investment grade under 12 CFR part 1 as of the calculation date;
(ii)Issued or guaranteed by an entity whose obligations have a proven record as a reliable source of liquidity in repurchase or sales markets during stressed market conditions, as demonstrated by:
(A)The market price of the corporate debt security or equivalent securities of the issuer declining by no more than 20 percent during a 30 calendar-day period of significant stress, or
(B)The market haircut demanded by counterparties to secured lending and secured funding transactions that are collateralized by the corporate debt security or equivalent securities of the issuer increasing by no more than 20 percentage points during a 30 calendar-day period of significant stress; and
(iii)Not an obligation of a financial sector entity and not an obligation of a consolidated subsidiary of a financial sector entity;
(2)A publicly traded common equity share that is:
(i)Included in:
(A)The Russell 1000 Index; or
(B)An index that a national bank's or Federal savings association's supervisor in a foreign jurisdiction recognizes for purposes of including equity shares in level 2B liquid assets under applicable regulatory policy, if the share is held in that foreign jurisdiction;
(ii)Issued in:
(A)U.S. dollars; or
(B)The currency of a jurisdiction where the national bank or Federal savings association operates and the national bank or Federal savings association holds the common equity share in order to cover its net cash outflows in that jurisdiction, as calculated under subpart D of this part;
(iii)Issued by an entity whose publicly traded common equity shares have a proven record as a reliable source of liquidity in repurchase or sales markets during stressed market conditions, as demonstrated by:
(A)The market price of the security or equivalent securities of the issuer declining by no more than 40 percent during a 30 calendar-day period of significant stress, or
(B)The market haircut demanded by counterparties to securities borrowing and lending transactions that are collateralized by the publicly traded common equity shares or equivalent securities of the issuer increasing by no more than 40 percentage points, during a 30 calendar day period of significant stress;
(iv)Not issued by a financial sector entity and not issued by a consolidated subsidiary of a financial sector entity;
(v)If held by a depository institution, is not acquired in satisfaction of a debt previously contracted (DPC); and
(vi)If held by a consolidated subsidiary of a depository institution, the depository institution can include the publicly traded common equity share in its level 2B liquid assets only if the share is held to cover net cash outflows of the depository institution's consolidated subsidiary in which the publicly traded common equity share is held, as calculated by the national bank or Federal savings association under subpart D of this part; or
(3)A municipal obligation that is investment grade under 12 CFR part 1 as of the calculation date.
50.21High-quality liquid asset amount.#
(a)Calculation of the HQLA amount. As of the calculation date, a national bank's or Federal savings association's HQLA amount equals:
(1)The level 1 liquid asset amount; plus
(2)The level 2A liquid asset amount; plus
(3)The level 2B liquid asset amount; minus
(4)The greater of:
(i)The unadjusted excess HQLA amount; and
(ii)The adjusted excess HQLA amount.
(b)Calculation of liquid asset amounts—(1) Level 1 liquid asset amount. The level 1 liquid asset amount equals the fair value of all level 1 liquid assets held by the national bank or Federal savings association as of the calculation date that are eligible HQLA, less the amount of the reserve balance requirement under section 204.5 of Regulation D (12 CFR 204.5).
(2)Level 2A liquid asset amount. The level 2A liquid asset amount equals 85 percent of the fair value of all level 2A liquid assets held by the national bank or Federal savings association as of the calculation date that are eligible HQLA.
(3)Level 2B liquid asset amount. The level 2B liquid asset amount equals 50 percent of the fair value of all level 2B liquid assets held by the national bank or Federal savings association as of the calculation date that are eligible HQLA.
(c)Calculation of the unadjusted excess HQLA amount. As of the calculation date, the unadjusted excess HQLA amount equals:
(1)The level 2 cap excess amount; plus
(2)The level 2B cap excess amount.
(d)Calculation of the level 2 cap excess amount. As of the calculation date, the level 2 cap excess amount equals the greater of:
(1)The level 2A liquid asset amount plus the level 2B liquid asset amount minus 0.6667 times the level 1 liquid asset amount; and
(2)0.
(e)Calculation of the level 2B cap excess amount. As of the calculation date, the level 2B excess amount equals the greater of:
(1)The level 2B liquid asset amount minus the level 2 cap excess amount minus 0.1765 times the sum of the level 1 liquid asset amount and the level 2A liquid asset amount; and
(2)0.
(f)Calculation of adjusted liquid asset amounts—(1) Adjusted level 1 liquid asset amount. A national bank's or Federal savings association's adjusted level 1 liquid asset amount equals the fair value of all level 1 liquid assets that would be eligible HQLA and would be held by the national bank or Federal savings association upon the unwind of any secured funding transaction (other than a collateralized deposit), secured lending transaction, asset exchange, or collateralized derivatives transaction that matures within 30 calendar days of the calculation date where the national bank or Federal savings association will provide an asset that is eligible HQLA and the counterparty will provide an asset that will be eligible HQLA; less the amount of the reserve balance requirement under section 204.5 of Regulation D (12 CFR 204.5).
(2)Adjusted level 2A liquid asset amount. A national bank's or Federal savings association's adjusted level 2A liquid asset amount equals 85 percent of the fair value of all level 2A liquid assets that would be eligible HQLA and would be held by the national bank or Federal savings association upon the unwind of any secured funding transaction (other than a collateralized deposit), secured lending transaction, asset exchange, or collateralized derivatives transaction that matures within 30 calendar days of the calculation date where the national bank or Federal savings association will provide an asset that is eligible HQLA and the counterparty will provide an asset that will be eligible HQLA.
(3)Adjusted level 2B liquid asset amount. A national bank's or Federal savings association's adjusted level 2B liquid asset amount equals 50 percent of the fair value of all level 2B liquid assets that would be eligible HQLA and would be held by the national bank or Federal savings association upon the unwind of any secured funding transaction (other than a collateralized deposit), secured lending transaction, asset exchange, or collateralized derivatives transaction that matures within 30 calendar days of the calculation date where the national bank or Federal savings association will provide an asset that is eligible HQLA and the counterparty will provide an asset that will be eligible HQLA.
(g)Calculation of the adjusted excess HQLA amount. As of the calculation date, the adjusted excess HQLA amount equals:
(1)The adjusted level 2 cap excess amount; plus
(2)The adjusted level 2B cap excess amount.
(h)Calculation of the adjusted level 2 cap excess amount. As of the calculation date, the adjusted level 2 cap excess amount equals the greater of:
(1)The adjusted level 2A liquid asset amount plus the adjusted level 2B liquid asset amount minus 0.6667 times the adjusted level 1 liquid asset amount; and
(2)0.
(i)Calculation of the adjusted level 2B excess amount. As of the calculation date, the adjusted level 2B excess liquid asset amount equals the greater of:
(1)The adjusted level 2B liquid asset amount minus the adjusted level 2 cap excess amount minus 0.1765 times the sum of the adjusted level 1 liquid asset amount and the adjusted level 2A liquid asset amount; and
(2)0.
50.22Requirements for eligible high-quality liquid assets.#
(a)Operational requirements for eligible HQLA. With respect to each asset that is eligible for inclusion in a national bank's or Federal savings association's HQLA amount, a national bank or Federal savings association must meet all of the following operational requirements:
(1)The national bank or Federal savings association must demonstrate the operational capability to monetize the HQLA by:
(i)Implementing and maintaining appropriate procedures and systems to monetize any HQLA at any time in accordance with relevant standard settlement periods and procedures; and
(ii)Periodically monetizing a sample of HQLA that reasonably reflects the composition of the national bank's or Federal savings association's eligible HQLA, including with respect to asset type, maturity, and counterparty characteristics;
(2)The national bank or Federal savings association must implement policies that require eligible HQLA to be under the control of the management function in the national bank or Federal savings association that is charged with managing liquidity risk, and this management function must evidence its control over the HQLA by either:
(i)Segregating the HQLA from other assets, with the sole intent to use the HQLA as a source of liquidity; or
(ii)Demonstrating the ability to monetize the assets and making the proceeds available to the liquidity management function without conflicting with a business or risk management strategy of the national bank or Federal savings association;
(3)The fair value of the eligible HQLA must be reduced by the outflow amount that would result from the termination of any specific transaction hedging eligible HQLA;
(4)The national bank or Federal savings association must implement and maintain policies and procedures that determine the composition of its eligible HQLA on each calculation date, by:
(i)Identifying its eligible HQLA by legal entity, geographical location, currency, account, or other relevant identifying factors as of the calculation date;
(ii)Determining that eligible HQLA meet the criteria set forth in this section; and
(iii)Ensuring the appropriate diversification of the eligible HQLA by asset type, counterparty, issuer, currency, borrowing capacity, or other factors associated with the liquidity risk of the assets; and
(5)The national bank or Federal savings association must have a documented methodology that results in a consistent treatment for determining that the national bank's or Federal savings association's eligible HQLA meet the requirements set forth in this section.
(b)Generally applicable criteria for eligible HQLA. A national bank's or Federal savings association's eligible HQLA must meet all of the following criteria:
(1)The assets are not encumbered.
(2)The asset is not:
(i)A client pool security held in a segregated account; or
(ii)An asset received from a secured funding transaction involving client pool securities that were held in a segregated account;
(3)For eligible HQLA held in a legal entity that is a U.S. consolidated subsidiary of a national bank or Federal savings association:
(i)If the U.S. consolidated subsidiary is subject to a minimum liquidity standard under this part, the national bank or Federal savings association may include the eligible HQLA of the U.S. consolidated subsidiary in its HQLA amount up to:
(A)The amount of net cash outflows of the U.S. consolidated subsidiary calculated by the U.S. consolidated subsidiary for its own minimum liquidity standard under this part; plus
(B)Any additional amount of assets, including proceeds from the monetization of assets, that would be available for transfer to the top-tier national bank or Federal savings association during times of stress without statutory, regulatory, contractual, or supervisory restrictions, including sections 23A and 23B of the Federal Reserve Act (12 U.S.C. 371c and 12 U.S.C. 371c-1) and Regulation W (12 CFR part 223); and
(ii)If the U.S. consolidated subsidiary is not subject to a minimum liquidity standard under this part, the national bank or Federal savings association may include the eligible HQLA of the U.S. consolidated subsidiary in its HQLA amount up to:
(A)The amount of the net cash outflows of the U.S. consolidated subsidiary as of the 30th calendar day after the calculation date, as calculated by the national bank or Federal savings association for the national bank's or Federal savings association's minimum liquidity standard under this part; plus
(B)Any additional amount of assets, including proceeds from the monetization of assets, that would be available for transfer to the top-tier national bank or Federal savings association during times of stress without statutory, regulatory, contractual, or supervisory restrictions, including sections 23A and 23B of the Federal Reserve Act (12 U.S.C. 371c and 12 U.S.C. 371c-1) and Regulation W (12 CFR part 223);
(4)For HQLA held by a consolidated subsidiary of the national bank or Federal savings association that is organized under the laws of a foreign jurisdiction, the national bank or Federal savings association may include the eligible HQLA of the consolidated subsidiary organized under the laws of a foreign jurisdiction in its HQLA amount up to:
(i)The amount of net cash outflows of the consolidated subsidiary as of the 30th calendar day after the calculation date, as calculated by the national bank or Federal savings association for the national bank's or Federal savings association's minimum liquidity standard under this part; plus
(ii)Any additional amount of assets that are available for transfer to the top-tier national bank or Federal savings association during times of stress without statutory, regulatory, contractual, or supervisory restrictions;
(5)The national bank or Federal savings association must not include as eligible HQLA any assets, or HQLA resulting from transactions involving an asset that the national bank or Federal savings association received with rehypothecation rights, if the counterparty that provided the asset or the beneficial owner of the asset has a contractual right to withdraw the assets without an obligation to pay more than de minimis remuneration at any time during the 30 calendar days following the calculation date; and
(6)The national bank or Federal savings association has not designated the assets to cover operational costs.
(c)Maintenance of U.S. eligible HQLA. A national bank or Federal savings association is generally expected to maintain as eligible HQLA an amount and type of eligible HQLA in the United States that is sufficient to meet its total net cash outflow amount in the United States under subpart D of this part.
Subpart D · Subpart D—Total Net Cash Outflow
50.30Total net cash outflow amount.#
(a)Calculation of total net cash outflow amount. As of the calculation date, a national bank's or Federal savings association's total net cash outflow amount equals the national bank's or Federal savings association's outflow adjustment percentage as determined under paragraph (c) of this section multiplied by:
(1)The sum of the outflow amounts calculated under § 50.32(a) through (l); minus
(2)The lesser of:
(i)The sum of the inflow amounts calculated under § 50.33(b) through (g); and
(ii)75 percent of the amount calculated under paragraph (a)(1) of this section; plus
(3)The maturity mismatch add-on as calculated under paragraph (b) of this section.
(b)Calculation of maturity mismatch add-on. (1) For purposes of this section:
(c)Outflow adjustment percentage. A national bank's or Federal savings association's outflow adjustment percentage is determined pursuant to Table 1 to this paragraph (c). Table 1 to § 50.30(c)—Outflow Adjustment Percentages Percent Outflow adjustment percentage GSIB depository institution that is a national bank or Federal savings association 100 Category II national bank or Federal savings association 100 Category III national bank or Federal savings association that: 100 (1) Is a consolidated subsidiary of (a) a covered depository institution holding company or U.S. intermediate holding company identified as a Category III banking organization pursuant to 12 CFR 252.5 or 12 CFR 238.10 or (b) a depository institution that meets the criteria set forth in paragraphs (2)(ii)(A) and (B) of the definition of Category III national bank or Federal savings association in this part, in each case with $75 billion or more in average weighted short-term wholesale funding; or (2) Has $75 billion or more in average weighted short-term wholesale funding and is not a consolidated subsidiary of (a) a covered depository institution holding company or U.S. intermediate holding company identified as a Category III banking organization pursuant to 12 CFR 252.5 or 12 CFR 238.10 or (b) a depository institution that meets the criteria set forth in paragraphs (2)(ii)(A) and (B) of the definition of Category III national bank or Federal savings association in this part Category III national bank or Federal savings association that: 85 (1) Is a consolidated subsidiary of (a) a covered depository institution holding company or U.S. intermediate holding company identified as a Category III banking organization pursuant to 12 CFR 252.5 or 12 CFR 238.10 or (b) a depository institution that meets the criteria set forth in paragraphs (2)(ii)(A) and (B) of the definition of Category III national bank or Federal savings association in this part, in each case with less than $75 billion in average weighted short-term wholesale funding; or (2) Has less than $75 billion in average weighted short-term wholesale funding and is not a consolidated subsidiary of (a) a covered depository institution holding company or U.S. intermediate holding company identified as a Category III banking organization pursuant to 12 CFR 252.5 or 12 CFR 238.10 or (b) a depository institution that meets the criteria set forth in paragraphs (2)(ii)(A) and (B) of the definition of Category III national bank or Federal savings association in this part
(d)Transition into a different outflow adjustment percentage. (1) A national bank or Federal savings association whose outflow adjustment percentage increases from a lower to a higher outflow adjustment percentage may continue to use its previous lower outflow adjustment percentage until the first day of the third calendar quarter after the outflow adjustment percentage increases.
(2)A national bank or Federal savings association whose outflow adjustment percentage decreases from a higher to a lower outflow adjustment percentage must continue to use its previous higher outflow adjustment percentage until the first day of the first calendar quarter after the outflow adjustment percentage decreases.
(i)The net cumulative maturity outflow amount for any of the 30 calendar days following the calculation date is equal to the sum of the outflow amounts for instruments or transactions identified in § 50.32(g), (h)(1), (h)(2), (h)(5), (j), (k), and (l) that have a maturity date prior to or on that calendar day minus the sum of the inflow amounts for instruments or transactions identified in § 50.33(c), (d), (e), and (f) that have a maturity date prior to or on that calendar day.
(ii)The net day 30 cumulative maturity outflow amount is equal to, as of the 30th day following the calculation date, the sum of the outflow amounts for instruments or transactions identified in § 50.32(g), (h)(1), (h)(2), (h)(5), (j), (k), and (l) that have a maturity date 30 calendar days or less from the calculation date minus the sum of the inflow amounts for instruments or transactions identified in § 50.33(c), (d), (e), and (f) that have a maturity date 30 calendar days or less from the calculation date.
(2)As of the calculation date, a national bank's or Federal savings association's maturity mismatch add-on is equal to:
(i)The greater of:
(A)0; and
(B)The largest net cumulative maturity outflow amount as calculated under paragraph (b)(1)(i) of this section for any of the 30 calendar days following the calculation date; minus
(ii)The greater of:
(A)0; and
(B)The net day 30 cumulative maturity outflow amount as calculated under paragraph (b)(1)(ii) of this section.
(3)Other than the transactions identified in § 50.32(h)(2), (h)(5), or (j) or § 50.33(d) or (f), the maturity of which is determined under § 50.31(a), transactions that have an open maturity are not included in the calculation of the maturity mismatch add-on.
50.31Determining maturity.#
(a)For purposes of calculating its liquidity coverage ratio and the components thereof under this subpart, a national bank or Federal savings association shall assume an asset or transaction matures:
(1)With respect to an instrument or transaction subject to § 50.32, on the earliest possible contractual maturity date or the earliest possible date the transaction could occur, taking into account any option that could accelerate the maturity date or the date of the transaction, except that when considering the earliest possible contractual maturity date or the earliest possible date the transaction could occur, the national bank or Federal savings association should exclude any contingent options that are triggered only by regulatory actions or changes in law or regulation, as follows:
(i)If an investor or funds provider has an option that would reduce the maturity, the national bank or Federal savings association must assume that the investor or funds provider will exercise the option at the earliest possible date;
(ii)If an investor or funds provider has an option that would extend the maturity, the national bank or Federal savings association must assume that the investor or funds provider will not exercise the option to extend the maturity;
(iii)If the national bank or Federal savings association has an option that would reduce the maturity of an obligation, the national bank or Federal savings association must assume that the national bank or Federal savings association will exercise the option at the earliest possible date, except if either of the following criteria are satisfied, in which case the maturity of the obligation for purposes of this part will be the original maturity date at issuance:
(A)The original maturity of the obligation is greater than one year and the option does not go into effect for a period of 180 days following the issuance of the instrument; or
(B)The counterparty is a sovereign entity, a U.S. government-sponsored enterprise, or a public sector entity.
(iv)If the national bank or Federal savings association has an option that would extend the maturity of an obligation it issued, the national bank or Federal savings association must assume the national bank or Federal savings association will not exercise that option to extend the maturity; and
(v)If an option is subject to a contractually defined notice period, the national bank or Federal savings association must determine the earliest possible contractual maturity date regardless of the notice period.
(2)With respect to an instrument or transaction subject to § 50.33, on the latest possible contractual maturity date or the latest possible date the transaction could occur, taking into account any option that could extend the maturity date or the date of the transaction, except that when considering the latest possible contractual maturity date or the latest possible date the transaction could occur, the national bank or Federal savings association may exclude any contingent options that are triggered only by regulatory actions or changes in law or regulation, as follows:
(i)If the borrower has an option that would extend the maturity, the national bank or Federal savings association must assume that the borrower will exercise the option to extend the maturity to the latest possible date;
(ii)If the borrower has an option that would reduce the maturity, the national bank or Federal savings association must assume that the borrower will not exercise the option to reduce the maturity;
(iii)If the national bank or Federal savings association has an option that would reduce the maturity of an instrument or transaction, the national bank or Federal savings association must assume the national bank or Federal savings association will not exercise the option to reduce the maturity;
(iv)If the national bank or Federal savings association has an option that would extend the maturity of an instrument or transaction, the national bank or Federal savings association must assume the national bank or Federal savings association will exercise the option to extend the maturity to the latest possible date; and
(v)If an option is subject to a contractually defined notice period, the national bank or Federal savings association must determine the latest possible contractual maturity date based on the borrower using the entire notice period.
(3)With respect to a transaction subject to § 50.33(f)(1)(iii) through (vii) (secured lending transactions) or § 50.33(f)(2)(ii) through (x) (asset exchanges), to the extent the transaction is secured by collateral that has been pledged in connection with either a secured funding transaction or asset exchange that has a remaining maturity of 30 calendar days or less as of the calculation date, the maturity date is the later of the maturity date determined under paragraph (a)(2) of this section for the secured lending transaction or asset exchange or the maturity date determined under paragraph (a)(1) of this section for the secured funding transaction or asset exchange for which the collateral has been pledged.
(4)With respect to a transaction that has an open maturity, is not an operational deposit, and is subject to the provisions of § 50.32(h)(2), (h)(5), (j), or (k) or § 50.33(d) or (f), the maturity date is the first calendar day after the calculation date. Any other transaction that has an open maturity and is subject to the provisions of § 50.32 shall be considered to mature within 30 calendar days of the calculation date.
(5)With respect to a transaction subject to the provisions of § 50.33(g), on the date of the next scheduled calculation of the amount required under applicable legal requirements for the protection of customer assets with respect to each broker-dealer segregated account, in accordance with the national bank's or Federal savings association's normal frequency of recalculating such requirements.
(b)[Reserved]
50.32Outflow amounts.#
(a)Retail funding outflow amount. A national bank's or Federal savings association's retail funding outflow amount as of the calculation date includes (regardless of maturity or collateralization):
(1)3 percent of all stable retail deposits held at the national bank or Federal savings association;
(2)10 percent of all other retail deposits held at the national bank or Federal savings association;
(3)20 percent of all deposits placed at the national bank or Federal savings association by a third party on behalf of a retail customer or counterparty that are not brokered deposits, where the retail customer or counterparty owns the account and the entire amount is covered by deposit insurance;
(4)40 percent of all deposits placed at the national bank or Federal savings association by a third party on behalf of a retail customer or counterparty that are not brokered deposits, where the retail customer or counterparty owns the account and where less than the entire amount is covered by deposit insurance; and
(5)40 percent of all funding from a retail customer or counterparty that is not:
(i)A retail deposit;
(ii)A brokered deposit provided by a retail customer or counterparty; or
(iii)A debt instrument issued by the national bank or Federal savings association that is owned by a retail customer or counterparty (see paragraph (h)(2)(ii) of this section).
(b)Structured transaction outflow amount. If the national bank or Federal savings association is a sponsor of a structured transaction where the issuing entity is not consolidated on the national bank's or Federal savings association's balance sheet under GAAP, the structured transaction outflow amount for each such structured transaction as of the calculation date is the greater of:
(1)100 percent of the amount of all debt obligations of the issuing entity that mature 30 calendar days or less from such calculation date and all commitments made by the issuing entity to purchase assets within 30 calendar days or less from such calculation date; and
(2)The maximum contractual amount of funding the national bank or Federal savings association may be required to provide to the issuing entity 30 calendar days or less from such calculation date through a liquidity facility, a return or repurchase of assets from the issuing entity, or other funding agreement.
(c)Net derivative cash outflow amount. The net derivative cash outflow amount as of the calculation date is the sum of the net derivative cash outflow amount for each counterparty. The net derivative cash outflow amount does not include forward sales of mortgage loans and any derivatives that are mortgage commitments subject to paragraph (d) of this section. The net derivative cash outflow amount for a counterparty is the sum of:
(1)The amount, if greater than zero, of contractual payments and collateral that the national bank or Federal savings association will make or deliver to the counterparty 30 calendar days or less from the calculation date under derivative transactions other than transactions described in paragraph (c)(2) of this section, less the contractual payments and collateral that the national bank or Federal savings association will receive from the counterparty 30 calendar days or less from the calculation date under derivative transactions other than transactions described in paragraph (c)(2) of this section, provided that the derivative transactions are subject to a qualifying master netting agreement; and
(2)The amount, if greater than zero, of contractual principal payments that the national bank or Federal savings association will make to the counterparty 30 calendar days or less from the calculation date under foreign currency exchange derivative transactions that result in the full exchange of contractual cash principal payments in different currencies within the same business day, less the contractual principal payments that the national bank or Federal savings association will receive from the counterparty 30 calendar days or less from the calculation date under foreign currency exchange derivative transactions that result in the full exchange of contractual cash principal payments in different currencies within the same business day.
(d)Mortgage commitment outflow amount. The mortgage commitment outflow amount as of a calculation date is 10 percent of the amount of funds the national bank or Federal savings association has contractually committed for its own origination of retail mortgages that can be drawn upon 30 calendar days or less from such calculation date.
(e)Commitment outflow amount. (1) A national bank's or Federal savings association's commitment outflow amount as of the calculation date includes:
(f)Collateral outflow amount. The collateral outflow amount as of the calculation date includes:
(1)Changes in financial condition. 100 percent of all additional amounts of collateral the national bank or Federal savings association could be contractually required to pledge or to fund under the terms of any transaction as a result of a change in the national bank's or Federal savings association's financial condition;
(2)Derivative collateral potential valuation changes. 20 percent of the fair value of any collateral securing a derivative transaction pledged to a counterparty by the national bank or Federal savings association that is not a level 1 liquid asset;
(3)Potential derivative valuation changes. The absolute value of the largest 30-consecutive calendar day cumulative net mark-to-market collateral outflow or inflow realized during the preceding 24 months resulting from derivative transaction valuation changes;
(4)Excess collateral. 100 percent of the fair value of collateral that:
(i)The national bank or Federal savings association could be required by contract to return to a counterparty because the collateral pledged to the national bank or Federal savings association exceeds the current collateral requirement of the counterparty under the governing contract;
(ii)Is not segregated from the national bank's or Federal savings association's other assets such that it cannot be rehypothecated; and
(iii)Is not already excluded as eligible HQLA by the national bank or Federal savings association under § 50.22(b)(5);
(5)Contractually required collateral. 100 percent of the fair value of collateral that the national bank or Federal savings association is contractually required to pledge to a counterparty and, as of such calculation date, the national bank or Federal savings association has not yet pledged;
(6)Collateral substitution. (i) Zero percent of the fair value of collateral pledged to the national bank or Federal savings association by a counterparty where the collateral qualifies as level 1 liquid assets and eligible HQLA and where, under the contract governing the transaction, the counterparty may replace the pledged collateral with other assets that qualify as level 1 liquid assets, without the consent of the national bank or Federal savings association;
(g)Brokered deposit outflow amount for retail customers or counterparties. The brokered deposit outflow amount for retail customers or counterparties as of the calculation date includes:
(1)100 percent of all brokered deposits at the national bank or Federal savings association provided by a retail customer or counterparty that are not described in paragraphs (g)(5) through (9) of this section and which mature 30 calendar days or less from the calculation date;
(2)10 percent of all brokered deposits at the national bank or Federal savings association provided by a retail customer or counterparty that are not described in paragraphs (g)(5) through (9) of this section and which mature later than 30 calendar days from the calculation date;
(3)20 percent of all brokered deposits at the national bank or Federal savings association provided by a retail customer or counterparty that are not described in paragraphs (g)(5) through (9) of this section and which are held in a transactional account with no contractual maturity date, where the entire amount is covered by deposit insurance;
(4)40 percent of all brokered deposits at the national bank or Federal savings association provided by a retail customer or counterparty that are not described in paragraphs (g)(5) through (9) of this section and which are held in a transactional account with no contractual maturity date, where less than the entire amount is covered by deposit insurance;
(5)10 percent of all brokered reciprocal deposits at the national bank or Federal savings association provided by a retail customer or counterparty, where the entire amount is covered by deposit insurance;
(6)25 percent of all brokered reciprocal deposits at the national bank or Federal savings association provided by a retail customer or counterparty, where less than the entire amount is covered by deposit insurance;
(7)10 percent of all sweep deposits at the national bank or Federal savings association provided by a retail customer or counterparty:
(i)That are deposited in accordance with a contract between the retail customer or counterparty and the national bank or Federal savings association, a controlled subsidiary of the national bank or Federal savings association, or a company that is a controlled subsidiary of the same top-tier company of which the national bank or Federal savings association is a controlled subsidiary; and
(ii)Where the entire amount of the deposits is covered by deposit insurance;
(8)25 percent of all sweep deposits at the national bank or Federal savings association provided by a retail customer or counterparty:
(i)That are not deposited in accordance with a contract between the retail customer or counterparty and the national bank or Federal savings association, a controlled subsidiary of the national bank or Federal savings association, or a company that is a controlled subsidiary of the same top-tier company of which the national bank or Federal savings association is a controlled subsidiary; and
(ii)Where the entire amount of the deposits is covered by deposit insurance; and
(9)40 percent of all sweep deposits at the national bank or Federal savings association provided by a retail customer or counterparty where less than the entire amount of the deposit balance is covered by deposit insurance.
(h)Unsecured wholesale funding outflow amount. A national bank's or Federal savings association's unsecured wholesale funding outflow amount, for all transactions that mature within 30 calendar days or less of the calculation date, as of the calculation date includes:
(1)For unsecured wholesale funding that is not an operational deposit and is not provided by a financial sector entity or consolidated subsidiary of a financial sector entity:
(i)Zero percent of all funds the national bank or Federal savings association must pay pursuant to secured funding transactions, to the extent that the funds are secured by level 1 liquid assets;
(ii)15 percent of all funds the national bank or Federal savings association must pay pursuant to secured funding transactions, to the extent that the funds are secured by level 2A liquid assets;
(1)3 percent of all such debt securities that are not structured securities; and
(2)5 percent of all such debt securities that are structured securities.
(3)5 percent of all operational deposits, other than operational deposits that are held in escrow accounts, where the entire deposit amount is covered by deposit insurance;
(4)25 percent of all operational deposits not included in paragraph (h)(3) of this section; and
(5)100 percent of all unsecured wholesale funding that is not otherwise described in this paragraph (h).
(i)Debt security buyback outflow amount. A national bank's or Federal savings association's debt security buyback outflow amount for debt securities issued by the national bank or Federal savings association that mature more than 30 calendar days after the calculation date and for which the national bank or Federal savings association or a consolidated subsidiary of the national bank or Federal savings association is the primary market maker in such debt securities includes:
(A)Less than the entire amount is covered by deposit insurance; or
(B)The funding is a brokered deposit;
(2)100 percent of all unsecured wholesale funding that is not an operational deposit and is not included in paragraph (h)(1) of this section, including:
(i)Zero percent of the fair value of the level 1 liquid assets the national bank or Federal savings association must post to a counterparty pursuant to asset exchanges, not described in paragraphs (j)(3)(x) through (xiii) of this section, where the national bank or Federal savings association will receive level 1 liquid assets from the asset exchange counterparty;
(ii)15 percent of the fair value of the level 1 liquid assets the national bank or Federal savings association must post to a counterparty pursuant to asset exchanges, not described in paragraphs (j)(3)(x) through (xiii) of this section, where the national bank or Federal savings association will receive level 2A liquid assets from the asset exchange counterparty;
(3)A national bank's or Federal savings association's asset exchange outflow amount, for all transactions that mature within 30 calendar days or less of the calculation date, as of the calculation date includes:
(iii)50 percent of the fair value of the level 1 liquid assets the national bank or Federal savings association must post to a counterparty pursuant to asset exchanges, not described in paragraphs (j)(3)(x) through (xiii) of this section, where the national bank or Federal savings association will receive level 2B liquid assets from the asset exchange counterparty;
(iv)100 percent of the fair value of the level 1 liquid assets the national bank or Federal savings association must post to a counterparty pursuant to asset exchanges, not described in paragraphs (j)(3)(x) through (xiii) of this section, where the national bank or Federal savings association will receive assets that are not HQLA from the asset exchange counterparty;
(ix)50 percent of the fair value of the level 2B liquid assets the national bank or Federal savings association must post to a counterparty pursuant to asset exchanges, not described in paragraphs (j)(3)(x) through (xiii) of this section, where the national bank or Federal savings association will receive assets that are not HQLA from the asset exchange counterparty;
(2)For the purposes of this paragraph (e), the undrawn amount of a committed credit facility or committed liquidity facility is the entire unused amount of the facility that could be drawn upon within 30 calendar days of the calculation date under the governing agreement, less the amount of level 1 liquid assets and the amount of level 2A liquid assets securing the facility.
(3)For the purposes of this paragraph (e), the amount of level 1 liquid assets and level 2A liquid assets securing a committed credit or liquidity facility is the fair value of level 1 liquid assets and 85 percent of the fair value of level 2A liquid assets that are required to be pledged as collateral by the counterparty to secure the facility, provided that:
(v)Zero percent of the fair value of the level 2A liquid assets that national bank or Federal savings association must post to a counterparty pursuant to asset exchanges, not described in paragraphs (j)(3)(x) through (xiii) of this section, where national bank or Federal savings association will receive level 1 or level 2A liquid assets from the asset exchange counterparty;
(vi)35 percent of the fair value of the level 2A liquid assets the national bank or Federal savings association must post to a counterparty pursuant to asset exchanges, not described in paragraphs (j)(3)(x) through (xiii) of this section, where the national bank or Federal savings association will receive level 2B liquid assets from the asset exchange counterparty;
(2)If an outflow rate specified in paragraph (j)(1) of this section for a secured funding transaction is greater than the outflow rate that the national bank or Federal savings association is required to apply under paragraph (h) of this section to an unsecured wholesale funding transaction that is not an operational deposit with the same counterparty, the national bank or Federal savings association may apply to the secured funding transaction the outflow rate that applies to an unsecured wholesale funding transaction that is not an operational deposit with that counterparty, except in the case of:
(vii)85 percent of the fair value of the level 2A liquid assets the national bank or Federal savings association must post to a counterparty pursuant to asset exchanges, not described in paragraphs (j)(3)(x) through (xiii) of this section, where the national bank or Federal savings association will receive assets that are not HQLA from the asset exchange counterparty;
(viii)Zero percent of the fair value of the level 2B liquid assets the national bank or Federal savings association must post to a counterparty pursuant to asset exchanges, not described in paragraphs (j)(3)(x) through (xiii) of this section, where the national bank or Federal savings association will receive HQLA from the asset exchange counterparty; and
(x)Zero percent of the fair value of the level 1 liquid assets the national bank or Federal savings association will receive from a counterparty pursuant to an asset exchange where the national bank or Federal savings association has rehypothecated the assets posted by the asset exchange counterparty, and, as of the calculation date, the assets will not be returned to the national bank or Federal savings association within 30 calendar days;
(xi)15 percent of the fair value of the level 2A liquid assets the national bank or Federal savings association will receive from a counterparty pursuant to an asset exchange where the national bank or Federal savings association has rehypothecated the assets posted by the asset exchange counterparty, and, as of the calculation date, the assets will not be returned to the national bank or Federal savings association within 30 calendar days;
(xii)50 percent of the fair value of the level 2B liquid assets the national bank or Federal savings association will receive from a counterparty pursuant to an asset exchange where the national bank or Federal savings association has rehypothecated the assets posted by the asset exchange counterparty, and, as of the calculation date, the assets will not be returned to the national bank or Federal savings association within 30 calendar days; and
(xiii)100 percent of the fair value of the non-HQLA the national bank or Federal savings association will receive from a counterparty pursuant to an asset exchange where the national bank or Federal savings association has rehypothecated the assets posted by the asset exchange counterparty, and, as of the calculation date, the assets will not be returned to the national bank or Federal savings association within 30 calendar days.
(j)Secured funding and asset exchange outflow amount. (1) A national bank's or Federal savings association's secured funding outflow amount, for all transactions that mature within 30 calendar days or less of the calculation date, as of the calculation date includes:
(k)Foreign central bank borrowing outflow amount. A national bank's or Federal savings association's foreign central bank borrowing outflow amount is, in a foreign jurisdiction where the national bank or Federal savings association has borrowed from the jurisdiction's central bank, the outflow amount assigned to borrowings from central banks in a minimum liquidity standard established in that jurisdiction. If the foreign jurisdiction has not specified a central bank borrowing outflow amount in a minimum liquidity standard, the foreign central bank borrowing outflow amount must be calculated in accordance with paragraph (j) of this section.
(l)Other contractual outflow amount. A national bank's or Federal savings association's other contractual outflow amount is 100 percent of funding or amounts, with the exception of operating expenses of the national bank or Federal savings association (such as rents, salaries, utilities, and other similar payments), payable by the national bank or Federal savings association to counterparties under legally binding agreements that are not otherwise specified in this section.
(m)Excluded amounts for intragroup transactions. The outflow amounts set forth in this section do not include amounts arising out of transactions between:
(1)The national bank or Federal savings association and a consolidated subsidiary of the national bank or Federal savings association; or
(2)A consolidated subsidiary of the national bank or Federal savings association and another consolidated subsidiary of the national bank or Federal savings association.
50.33Inflow amounts.#
(a)The inflows in paragraphs (b) through (g) of this section do not include:
(1)Amounts the national bank or Federal savings association holds in operational deposits at other regulated financial companies;
(2)Amounts the national bank or Federal savings association expects, or is contractually entitled to receive, 30 calendar days or less from the calculation date due to forward sales of mortgage loans and any derivatives that are mortgage commitments subject to § 50.32(d);
(3)The amount of any credit or liquidity facilities extended to the national bank or Federal savings association;
(4)The amount of any asset that is eligible HQLA and any amounts payable to the national bank or Federal savings association with respect to that asset;
(5)Any amounts payable to the national bank or Federal savings association from an obligation of a customer or counterparty that is a nonperforming asset as of the calculation date or that the national bank or Federal savings association has reason to expect will become a nonperforming exposure 30 calendar days or less from the calculation date; and
(6)Amounts payable to the national bank or Federal savings association with respect to any transaction that has no contractual maturity date or that matures after 30 calendar days of the calculation date (as determined by § 50.31).
(b)Net derivative cash inflow amount. The net derivative cash inflow amount as of the calculation date is the sum of the net derivative cash inflow amount for each counterparty. The net derivative cash inflow amount does not include amounts excluded from inflows under paragraph (a)(2) of this section. The net derivative cash inflow amount for a counterparty is the sum of:
(1)The amount, if greater than zero, of contractual payments and collateral that the national bank or Federal savings association will receive from the counterparty 30 calendar days or less from the calculation date under derivative transactions other than transactions described in paragraph (b)(2) of this section, less the contractual payments and collateral that the national bank or Federal savings association will make or deliver to the counterparty 30 calendar days or less from the calculation date under derivative transactions other than transactions described in paragraph (b)(2) of this section, provided that the derivative transactions are subject to a qualifying master netting agreement; and
(2)The amount, if greater than zero, of contractual principal payments that the national bank or Federal savings association will receive from the counterparty 30 calendar days or less from the calculation date under foreign currency exchange derivative transactions that result in the full exchange of contractual cash principal payments in different currencies within the same business day, less the contractual principal payments that the national bank or Federal savings association will make to the counterparty 30 calendar days or less from the calculation date under foreign currency exchange derivative transactions that result in the full exchange of contractual cash principal payments in different currencies within the same business day.
(c)Retail cash inflow amount. The retail cash inflow amount as of the calculation date includes 50 percent of all payments contractually payable to the national bank or Federal savings association from retail customers or counterparties.
(d)Unsecured wholesale cash inflow amount. The unsecured wholesale cash inflow amount as of the calculation date includes:
(1)100 percent of all payments contractually payable to the national bank or Federal savings association from financial sector entities, or from a consolidated subsidiary thereof, or central banks; and
(2)50 percent of all payments contractually payable to the national bank or Federal savings association from wholesale customers or counterparties that are not financial sector entities or consolidated subsidiaries thereof, provided that, with respect to revolving credit facilities, the amount of the existing loan is not included in the unsecured wholesale cash inflow amount and the remaining undrawn balance is included in the outflow amount under § 50.32(e)(1).
(e)Securities cash inflow amount. The securities cash inflow amount as of the calculation date includes 100 percent of all contractual payments due to the national bank or Federal savings association on securities it owns that are not eligible HQLA.
(f)Secured lending and asset exchange cash inflow amount. (1) A national bank's or Federal savings association's secured lending cash inflow amount as of the calculation date includes:
(g)Broker-dealer segregated account inflow amount. A national bank's or Federal savings association's broker-dealer segregated account inflow amount is the fair value of all assets released from broker-dealer segregated accounts maintained in accordance with statutory or regulatory requirements for the protection of customer trading assets, provided that the calculation of the broker-dealer segregated account inflow amount, for any transaction affecting the calculation of the segregated balance (as required by applicable law), shall be consistent with the following:
(1)In calculating the broker-dealer segregated account inflow amount, the national bank or Federal savings association must calculate the fair value of the required balance of the customer reserve account as of 30 calendar days from the calculation date by assuming that customer cash and collateral positions have changed consistent with the outflow and inflow calculations required under §§ 50.32 and 50.33.
(2)If the fair value of the required balance of the customer reserve account as of 30 calendar days from the calculation date, as calculated consistent with the outflow and inflow calculations required under §§ 50.32 and 50.33, is less than the fair value of the required balance as of the calculation date, the difference is the segregated account inflow amount.
(3)If the fair value of the required balance of the customer reserve account as of 30 calendar days from the calculation date, as calculated consistent with the outflow and inflow calculations required under §§ 50.32 and 50.33, is more than the fair value of the required balance as of the calculation date, the segregated account inflow amount is zero.
(h)Other cash inflow amounts. A national bank's or Federal savings association's inflow amount as of the calculation date includes zero percent of other cash inflow amounts not included in paragraphs (b) through (g) of this section.
(i)Excluded amounts for intragroup transactions. The inflow amounts set forth in this section do not include amounts arising out of transactions between:
(1)The national bank or Federal savings association and a consolidated subsidiary of the national bank or Federal savings association; or
(2)A consolidated subsidiary of the national bank or Federal savings association and another consolidated subsidiary of the national bank or Federal savings association.
(ii)100 percent of all contractual payments due to the national bank or Federal savings association pursuant to secured lending transactions not described in paragraph (f)(1)(vii) of this section, to the extent that the payments are secured by assets that are not eligible HQLA, but are still held by the national bank or Federal savings association and are available for immediate return to the counterparty at any time;
(i)Zero percent of the fair value of assets the national bank or Federal savings association will receive from a counterparty pursuant to asset exchanges, to the extent that the asset received by the national bank or Federal savings association from the counterparty has been rehypothecated in a transaction and, as of the calculation date, will not be returned to the national bank or Federal savings association within 30 calendar days;
(ii)Zero percent of the fair value of level 1 liquid assets the national bank or Federal savings association will receive from a counterparty pursuant to asset exchanges, not described in paragraph (f)(2)(i) of this section, where the national bank or Federal savings association must post level 1 liquid assets to the asset exchange counterparty;
(iii)15 percent of the fair value of level 1 liquid assets the national bank or Federal savings association will receive from a counterparty pursuant to asset exchanges, not described in paragraph (f)(2)(i) of this section, where the national bank or Federal savings association must post level 2A liquid assets to the asset exchange counterparty;
(iv)50 percent of the fair value of level 1 liquid assets the national bank or Federal savings association will receive from counterparty pursuant to asset exchanges, not described in paragraph (f)(2)(i) of this section, where the national bank or Federal savings association must post level 2B liquid assets to the asset exchange counterparty;
(ix)Zero percent of the fair value of level 2B liquid assets the national bank or Federal savings association will receive from a counterparty pursuant to asset exchanges, not described in paragraph (f)(2)(i) of this section, where the national bank or Federal savings association must post assets that are HQLA to the asset exchange counterparty; and
(v)100 percent of the fair value of level 1 liquid assets the national bank or Federal savings association will receive from a counterparty pursuant to asset exchanges, not described in paragraph (f)(2)(i) of this section, where the national bank or Federal savings association must post assets that are not HQLA to the asset exchange counterparty;
(vi)Zero percent of the fair value of level 2A liquid assets the national bank or Federal savings association will receive from a counterparty pursuant to asset exchanges, not described in paragraph (f)(2)(i) of this section, where the national bank or Federal savings association must post level 1 or level 2A liquid assets to the asset exchange counterparty;
(vii)35 percent of the fair value of level 2A liquid assets the national bank or Federal savings association will receive from a counterparty pursuant to asset exchanges, not described in paragraph (f)(2)(i) of this section, where the national bank or Federal savings association must post level 2B liquid assets to the asset exchange counterparty;
(2)A national bank's or Federal savings association's asset exchange inflow amount as of the calculation date includes:
(viii)85 percent of the fair value of level 2A liquid assets the national bank or Federal savings association will receive from a counterparty pursuant to asset exchanges, not described in paragraph (f)(2)(i) of this section, where the national bank or Federal savings association must post assets that are not HQLA to the asset exchange counterparty;
(x)50 percent of the fair value of level 2B liquid assets the national bank or Federal savings association will receive from a counterparty pursuant to asset exchanges, not described in paragraph (f)(2)(i) of this section, where the national bank or Federal savings association must post assets that are not HQLA to the asset exchange counterparty.
50.34Cash flows related to Covered Federal Reserve Facility Funding.#
(a)Treatment of Covered Federal Reserve Facility Funding. Notwithstanding any other section of this part and except as provided in paragraph (b) of this section, outflow amounts and inflow amounts related to Covered Federal Reserve Facility Funding and the assets securing Covered Federal Reserve Facility Funding are excluded from the calculation of a national bank's or Federal savings association's total net cash outflow amount calculated under § 50.30.
(b)Exception. To the extent the Covered Federal Reserve Facility Funding is secured by securities, debt obligations, or other instruments issued by the national bank or Federal savings association or one of its consolidated subsidiaries, the Covered Federal Reserve Facility Funding is not subject to paragraph (a) of this section and this outflow amount must be included in the national bank's or Federal savings association's total net cash outflow amount calculated under § 50.30.
Subpart E · Subpart E—Liquidity Coverage Shortfall
50.40Liquidity coverage shortfall: Supervisory framework.#
(a)Notification requirements. A national bank or Federal savings association must notify the OCC on any business day when its liquidity coverage ratio is calculated to be less than the minimum requirement in § 50.10.
(b)Liquidity plan. (1) For the period during which a national bank or Federal savings association must calculate a liquidity coverage ratio on the last business day of each applicable calendar month under subpart F of this part, if the national bank's or Federal savings association's liquidity coverage ratio is below the minimum requirement in § 50.10 for any calculation date that is the last business day of the applicable calendar month, or if the OCC has determined that the national bank or Federal savings association is otherwise materially noncompliant with the requirements of this part, the national bank or Federal savings association must promptly consult with the OCC to determine whether the national bank or Federal savings association must provide to the OCC a plan for achieving compliance with the minimum liquidity requirement in § 50.10 and all other requirements of this part.
(2)For the period during which a national bank or Federal savings association must calculate a liquidity coverage ratio each business day under subpart F of this part, if a national bank's or Federal savings association's liquidity coverage ratio is below the minimum requirement in § 50.10 for three consecutive business days, or if the OCC has determined that the national bank or Federal savings association is otherwise materially noncompliant with the requirements of this part, the national bank or Federal savings association must promptly provide to the OCC a plan for achieving compliance with the minimum liquidity requirement in § 50.10 and all other requirements of this part.
(3)The plan must include, as applicable:
(i)An assessment of the national bank's or Federal savings association's liquidity position;
(ii)The actions the national bank or Federal savings association has taken and will take to achieve full compliance with this part, including:
(A)A plan for adjusting the national bank's or Federal savings association's risk profile, risk management, and funding sources in order to achieve full compliance with this part; and
(B)A plan for remediating any operational or management issues that contributed to noncompliance with this part;
(iii)An estimated time frame for achieving full compliance with this part; and
(iv)A commitment to report to the OCC no less than weekly on progress to achieve compliance in accordance with the plan until full compliance with this part is achieved.
(c)Supervisory and enforcement actions. The OCC may, at its discretion, take additional supervisory or enforcement actions to address noncompliance with the minimum liquidity standard and other requirements of this part.
Subpart F · Subpart F—Transitions
50.50Transitions.#
(a)No transition for certain national banks and Federal savings association. A national bank or Federal savings association that is subject to the minimum liquidity standard and other requirements of this part prior to December 31, 2019 must comply with the minimum liquidity standard and other requirements of this part as of December 31, 2019.
(b)[Reserved]
(c)Initial application. (1) A national bank or Federal savings association that initially becomes subject to the minimum liquidity standard and other requirements of this part under § 50.1(b)(1)(i) must comply with the requirements of this part beginning on the first day of the third calendar quarter after which the national bank or Federal savings association becomes subject to this part, except that a national bank or Federal savings association must:
(d)Transition into a different outflow adjustment percentage. A national bank or Federal savings association whose outflow adjustment percentage changes is subject to transition periods as set forth in § 50.30(d).
(e)Compliance date. The OCC may extend or accelerate any compliance date of this part if the OCC determines that such extension or acceleration is appropriate. In determining whether an extension or acceleration is appropriate, the OCC will consider the effect of the modification on financial stability, the period of time for which the modification would be necessary to facilitate compliance with this part, and the actions the national bank or Federal savings association is taking to come into compliance with this part.
(i)For the first two calendar quarters after the national bank or Federal savings association begins complying with the minimum liquidity standard and other requirements of this part, calculate and maintain a liquidity coverage ratio monthly, on each calculation date that is the last business day of the applicable calendar month; and
(ii)Beginning the first day of the fifth calendar quarter after the national bank or Federal savings association becomes subject to the minimum liquidity standard and other requirements of this part and continuing thereafter, calculate and maintain a liquidity coverage ratio on each calculation date.
(2)A national bank or Federal savings association that becomes subject to the minimum liquidity standard and other requirements of this part under § 50.1(b)(1)(ii), must comply with the requirements of this part subject to a transition period specified by the OCC.
Subpart K · Subpart K—Net Stable Funding Ratio
50.100Net stable funding ratio.#
(a)Minimum net stable funding ratio requirement. A national bank or Federal savings association must maintain a net stable funding ratio that is equal to or greater than 1.0 on an ongoing basis in accordance with this subpart.
(b)Calculation of the net stable funding ratio. For purposes of this part, a national bank's or Federal savings association's net stable funding ratio equals:
(1)The national bank's or Federal savings association's available stable funding (ASF) amount, calculated pursuant to § 50.103, as of the calculation date; divided by
(2)The national bank's or Federal savings association's required stable funding (RSF) amount, calculated pursuant to § 50.105, as of the calculation date.
50.101Determining maturity.#
For purposes of calculating its net stable funding ratio, including its ASF amount and RSF amount, under subparts K through N, a national bank or Federal savings association shall assume each of the following:
(a)With respect to any NSFR liability, the NSFR liability matures according to § 50.31(a)(1) of this part without regard to whether the NSFR liability is subject to § 50.32;
(b)With respect to an asset, the asset matures according to § 50.31(a)(2) of this part without regard to whether the asset is subject to § 50.33 of this part;
(c)With respect to an NSFR liability or asset that is perpetual, the NSFR liability or asset matures one year or more after the calculation date;
(d)With respect to an NSFR liability or asset that has an open maturity, the NSFR liability or asset matures on the first calendar day after the calculation date, except that in the case of a deferred tax liability, the NSFR liability matures on the first calendar day after the calculation date on which the deferred tax liability could be realized; and
(e)With respect to any principal payment of an NSFR liability or asset, such as an amortizing loan, that is due prior to the maturity of the NSFR liability or asset, the payment matures on the date on which it is contractually due.
50.102Rules of construction.#
(a)Balance-sheet metric. Unless otherwise provided in this subpart, an NSFR regulatory capital element, NSFR liability, or asset that is not included on a national bank's or Federal savings association's balance sheet is not assigned an RSF factor or ASF factor, as applicable; and an NSFR regulatory capital element, NSFR liability, or asset that is included on a national bank's or Federal savings association's balance sheet is assigned an RSF factor or ASF factor, as applicable.
(b)Netting of certain transactions. Where a national bank or Federal savings association has secured lending transactions, secured funding transactions, or asset exchanges with the same counterparty and has offset the gross value of receivables due from the counterparty under the transactions by the gross value of payables under the transactions due to the counterparty, the receivables or payables associated with the offsetting transactions that are not included on the national bank's or Federal savings association's balance sheet are treated as if they were included on the national bank's or Federal savings association's balance sheet with carrying values, unless the criteria in 12 CFR 3.10(c)(2)(v)(A) through (C) are met.
(c)Treatment of Securities Received in an Asset Exchange by a Securities Lender. Where a national bank or Federal savings association receives a security in an asset exchange, acts as a securities lender, includes the carrying value of the received security on its balance sheet, and has not rehypothecated the security received:
(1)The security received by the national bank or Federal savings association is not assigned an RSF factor; and
(2)The obligation to return the security received by the national bank or Federal savings association is not assigned an ASF factor.
50.103Calculation of available stable funding amount.#
A national bank's or Federal savings association's ASF amount equals the sum of the carrying values of the national bank's or Federal savings association's NSFR regulatory capital elements and NSFR liabilities, in each case multiplied by the ASF factor applicable in § 50.104 or § 50.107(c) and consolidated in accordance with § 50.109.
50.104ASF factors.#
(a)NSFR regulatory capital elements and NSFR liabilities assigned a 100 percent ASF factor. An NSFR regulatory capital element or NSFR liability of a national bank or Federal savings association is assigned a 100 percent ASF factor if it is one of the following:
(1)An NSFR regulatory capital element; or
(2)An NSFR liability that has a maturity of one year or more from the calculation date, is not described in paragraph (d)(9) of this section, and is not a retail deposit or brokered deposit provided by a retail customer or counterparty.
(b)NSFR liabilities assigned a 95 percent ASF factor. An NSFR liability of a national bank or Federal savings association is assigned a 95 percent ASF factor if it is one of the following:
(1)A stable retail deposit (regardless of maturity or collateralization) held at the national bank or Federal savings association; or
(2)A sweep deposit that:
(i)Is deposited in accordance with a contract between the retail customer or counterparty and the national bank or Federal savings association, a controlled subsidiary of the national bank or Federal savings association, or a company that is a controlled subsidiary of the same top-tier company of which the national bank or Federal savings association is a controlled subsidiary;
(ii)Is entirely covered by deposit insurance; and
(iii)The national bank or Federal savings association demonstrates to the satisfaction of the OCC that a withdrawal of such deposit is highly unlikely to occur during a liquidity stress event.
(c)NSFR liabilities assigned a 90 percent ASF factor. An NSFR liability of a national bank or Federal savings association is assigned a 90 percent ASF factor if it is funding provided by a retail customer or counterparty that is:
(1)A retail deposit (regardless of maturity or collateralization) other than a stable retail deposit or brokered deposit;
(2)A brokered reciprocal deposit where the entire amount is covered by deposit insurance;
(3)A sweep deposit that is deposited in accordance with a contract between the retail customer or counterparty and the national bank or Federal savings association, a controlled subsidiary of the national bank or Federal savings association, or a company that is a controlled subsidiary of the same top-tier company of which the national bank or Federal savings association is a controlled subsidiary, where the sweep deposit does not meet the requirements of paragraph (b)(2) of this section; or
(4)A brokered deposit that is not a brokered reciprocal deposit or a sweep deposit, that is not held in a transactional account, and that matures one year or more from the calculation date.
(d)NSFR liabilities assigned a 50 percent ASF factor. An NSFR liability of a national bank or Federal savings association is assigned a 50 percent ASF factor if it is one of the following:
(1)Unsecured wholesale funding that:
(i)Is not provided by a financial sector entity, a consolidated subsidiary of a financial sector entity, or a central bank;
(ii)Matures less than one year from the calculation date; and
(iii)Is not a security issued by the national bank or Federal savings association or an operational deposit placed at the national bank or Federal savings association;
(2)A secured funding transaction with the following characteristics:
(i)The counterparty is not a financial sector entity, a consolidated subsidiary of a financial sector entity, or a central bank;
(ii)The secured funding transaction matures less than one year from the calculation date; and
(iii)The secured funding transaction is not a collateralized deposit that is an operational deposit placed at the national bank or Federal savings association;
(3)Unsecured wholesale funding that:
(i)Is provided by a financial sector entity, a consolidated subsidiary of a financial sector entity, or a central bank;
(ii)Matures six months or more, but less than one year, from the calculation date; and
(iii)Is not a security issued by the national bank or Federal savings association or an operational deposit;
(4)A secured funding transaction with the following characteristics:
(i)The counterparty is a financial sector entity, a consolidated subsidiary of a financial sector entity, or a central bank;
(ii)The secured funding transaction matures six months or more, but less than one year, from the calculation date; and
(iii)The secured funding transaction is not a collateralized deposit that is an operational deposit;
(5)A security issued by the national bank or Federal savings association that matures six months or more, but less than one year, from the calculation date;
(6)An operational deposit placed at the national bank or Federal savings association;
(7)A brokered deposit provided by a retail customer or counterparty that is not described in paragraphs (c) or (e)(2) of this section;
(8)A sweep deposit provided by a retail customer or counterparty that is not described in paragraphs (b) or (c) of this section;
(9)An NSFR liability owed to a retail customer or counterparty that is not a deposit and is not a security issued by the national bank or Federal savings association; or
(10)Any other NSFR liability that matures six months or more, but less than one year, from the calculation date and is not described in paragraphs (a) through (c) or (d)(1) through (d)(9) of this section.
(e)NSFR liabilities assigned a zero percent ASF factor. An NSFR liability of a national bank or Federal savings association is assigned a zero percent ASF factor if it is one of the following:
(1)A trade date payable that results from a purchase by the national bank or Federal savings association of a financial instrument, foreign currency, or commodity that is contractually required to settle within the lesser of the market standard settlement period for the particular transaction and five business days from the date of the sale;
(2)A brokered deposit provided by a retail customer or counterparty that is not a brokered reciprocal deposit or sweep deposit, is not held in a transactional account, and matures less than six months from the calculation date;
(3)A security issued by the national bank or Federal savings association that matures less than six months from the calculation date;
(4)An NSFR liability with the following characteristics:
(i)The counterparty is a financial sector entity, a consolidated subsidiary of a financial sector entity, or a central bank;
(ii)The NSFR liability matures less than six months from the calculation date or has an open maturity; and
(iii)The NSFR liability is not a security issued by the national bank or Federal savings association or an operational deposit placed at the national bank or Federal savings association; or
(5)Any other NSFR liability that matures less than six months from the calculation date and is not described in paragraphs (a) through (d) or (e)(1) through (4) of this section.
50.105Calculation of required stable funding amount.#
(a)Required stable funding amount. A national bank's or Federal savings association's RSF amount equals the national bank's or Federal savings association's required stable funding adjustment percentage as determined under paragraph (b) of this section multiplied by the sum of:
(1)The carrying values of a national bank's or Federal savings association's assets (other than amounts included in the calculation of the derivatives RSF amount pursuant to § 50.107(b)) and the undrawn amounts of a national bank's or Federal savings association's credit and liquidity facilities, in each case multiplied by the RSF factors applicable in § 50.106; and
(2)The national bank's or Federal savings association's derivatives RSF amount calculated pursuant to § 50.107(b).
(b)Required stable funding adjustment percentage. A national bank's or Federal savings association's required stable funding adjustment percentage is determined pursuant to table 1 to this paragraph (b). Table 1 to Paragraph (b)—Required Stable Funding Adjustment Percentages GSIB depository institution that is a national bank or Federal savings association 100 Category II national bank or Federal savings association 100 Category III national bank or Federal savings association that: 100 (1) Is a consolidated subsidiary of (a) a covered depository institution holding company or U.S. intermediate holding company identified as a Category III banking organization pursuant to 12 CFR 252.5 or 12 CFR 238.10 or (b) a depository institution that meets the criteria set forth in paragraphs (2)(ii)(A) and (B) of the definition of Category III national bank or Federal savings association in this part, in each case with $75 billion or more in average weighted short-term wholesale funding; or (2) Has $75 billion or more in average weighted short-term wholesale funding and is not a consolidated subsidiary of (a) a covered depository institution holding company or U.S. intermediate holding company identified as a Category III banking organization pursuant to 12 CFR 252.5 or 12 CFR 238.10 or (b) a depository institution that meets the criteria set forth in paragraphs (2)(ii)(A) and (B) of the definition of Category III national bank or Federal savings association in this part. Category III national bank or Federal savings association that: 85 (1) Is a consolidated subsidiary of (a) a covered depository institution holding company or U.S. intermediate holding company identified as a Category III banking organization pursuant to 12 CFR 252.5 or 12 CFR 238.10 or (b) a depository institution that meets the criteria set forth in paragraphs (2)(ii)(A) and (B) of the definition of Category III national bank or Federal savings association in this part, in each case with less than $75 billion in average weighted short-term wholesale funding; or (2) Has less than $75 billion in average weighted short-term wholesale funding and is not a consolidated subsidiary of (a) a covered depository institution holding company or U.S. intermediate holding company identified as a Category III banking organization pursuant to 12 CFR 252.5 or 12 CFR 238.10 or (b) a depository institution that meets the criteria set forth in paragraphs (2)(ii)(A) and (B) of the definition of Category III national bank or Federal savings association in this part.
(c)Transition into a different required stable funding adjustment percentage. (1) A national bank or Federal savings association whose required stable funding adjustment percentage increases from a lower to a higher required stable funding adjustment percentage may continue to use its previous lower required stable funding adjustment percentage until the first day of the third calendar quarter after the required stable funding adjustment percentage increases.
(2)A national bank or Federal savings association whose required stable funding adjustment percentage decreases from a higher to a lower required stable funding adjustment percentage must continue to use its previous higher required stable funding adjustment percentage until the first day of the first calendar quarter after the required stable funding adjustment percentage decreases.
50.106RSF factors.#
(a)Unencumbered assets and commitments. All assets and undrawn amounts under credit and liquidity facilities, unless otherwise provided in § 50.107(b) relating to derivative transactions or paragraphs (b) through (d) of this section, are assigned RSF factors as follows:
(1)Unencumbered assets assigned a zero percent RSF factor. An asset of a national bank or Federal savings association is assigned a zero percent RSF factor if it is one of the following:
(i)Currency and coin;
(ii)A cash item in the process of collection;
(iii)A Reserve Bank balance or other claim on a Reserve Bank that matures less than six months from the calculation date;
(iv)A claim on a foreign central bank that matures less than six months from the calculation date;
(v)A trade date receivable due to the national bank or Federal savings association resulting from the national bank's or Federal savings association's sale of a financial instrument, foreign currency, or commodity that is required to settle no later than the market standard, without extension, for the particular transaction, and that has yet to settle but is not more than five business days past the scheduled settlement date;
(vi)Any other level 1 liquid asset not described in paragraphs (a)(1)(i) through (a)(1)(v) of this section; or
(vii)A secured lending transaction with the following characteristics:
(A)The secured lending transaction matures less than six months from the calculation date;
(B)The secured lending transaction is secured by level 1 liquid assets;
(C)The borrower is a financial sector entity or a consolidated subsidiary thereof; and
(D)The national bank or Federal savings association retains the right to rehypothecate the collateral provided by the counterparty for the duration of the secured lending transaction.
(2)Unencumbered assets and commitments assigned a 5 percent RSF factor. An undrawn amount of a committed credit facility or committed liquidity facility extended by a national bank or Federal savings association is assigned a 5 percent RSF factor. For the purposes of this paragraph (a)(2), the undrawn amount of a committed credit facility or committed liquidity facility is the entire unused amount of the facility that could be drawn upon within one year of the calculation date under the governing agreement.
(3)Unencumbered assets assigned a 15 percent RSF factor. An asset of a national bank or Federal savings association is assigned a 15 percent RSF factor if it is one of the following:
(i)A level 2A liquid asset; or
(ii)A secured lending transaction or unsecured wholesale lending with the following characteristics:
(A)The asset matures less than six months from the calculation date;
(B)The borrower is a financial sector entity or a consolidated subsidiary thereof; and
(C)The asset is not described in paragraph (a)(1)(vii) of this section and is not an operational deposit described in paragraph (a)(4)(iii) of this section.
(4)Unencumbered assets assigned a 50 percent RSF factor. An asset of a national bank or Federal savings association is assigned a 50 percent RSF factor if it is one of the following:
(i)A level 2B liquid asset;
(ii)A secured lending transaction or unsecured wholesale lending with the following characteristics:
(A)The asset matures six months or more, but less than one year, from the calculation date;
(B)The borrower is a financial sector entity, a consolidated subsidiary thereof, or a central bank; and
(C)The asset is not an operational deposit described in paragraph (a)(4)(iii) of this section;
(iii)An operational deposit placed by the national bank or Federal savings association at a financial sector entity or a consolidated subsidiary thereof; or
(iv)An asset that is not described in paragraphs (a)(1) through (a)(3) or (a)(4)(i) through (a)(4)(iii) of this section that matures less than one year from the calculation date, including:
(A)A secured lending transaction or unsecured wholesale lending where the borrower is a wholesale customer or counterparty that is not a financial sector entity, a consolidated subsidiary thereof, or a central bank; or
(B)Lending to a retail customer or counterparty.
(5)Unencumbered assets assigned a 65 percent RSF factor. An asset of a national bank or Federal savings association is assigned a 65 percent RSF factor if it is one of the following:
(i)A retail mortgage that matures one year or more from the calculation date and is assigned a risk weight of no greater than 50 percent under subpart D of 12 CFR part 3; or
(ii)A secured lending transaction, unsecured wholesale lending, or lending to a retail customer or counterparty with the following characteristics:
(A)The asset is not described in paragraphs (a)(1) through (a)(5)(i) of this section;
(B)The borrower is not a financial sector entity or a consolidated subsidiary thereof;
(C)The asset matures one year or more from the calculation date; and
(D)The asset is assigned a risk weight of no greater than 20 percent under subpart D of 12 CFR part 3.
(6)Unencumbered assets assigned an 85 percent RSF factor. An asset of a national bank or Federal savings association is assigned an 85 percent RSF factor if it is one of the following:
(i)A retail mortgage that matures one year or more from the calculation date and is assigned a risk weight of greater than 50 percent under subpart D of 12 CFR part 3;
(ii)A secured lending transaction, unsecured wholesale lending, or lending to a retail customer or counterparty with the following characteristics:
(A)The asset is not described in paragraphs (a)(1) through (a)(6)(i) of this section;
(B)The borrower is not a financial sector entity or a consolidated subsidiary thereof;
(C)The asset matures one year or more from the calculation date; and
(D)The asset is assigned a risk weight of greater than 20 percent under subpart D of 12 CFR part 3;
(iii)A publicly traded common equity share that is not HQLA;
(iv)A security, other than a publicly traded common equity share, that matures one year or more from the calculation date and is not HQLA; or
(v)A commodity for which derivative transactions are traded on a U.S. board of trade or trading facility designated as a contract market under sections 5 and 6 of the Commodity Exchange Act (7 U.S.C. 7 and 8) or on a U.S. swap execution facility registered under section 5h of the Commodity Exchange Act (7 U.S.C. 7b-3) or on another exchange, whether located in the United States or in a jurisdiction outside of the United States.
(7)Unencumbered assets assigned a 100 percent RSF factor. An asset of a national bank or Federal savings association is assigned a 100 percent RSF factor if it is not described in paragraphs (a)(1) through (a)(6) of this section, including a secured lending transaction or unsecured wholesale lending where the borrower is a financial sector entity or a consolidated subsidiary thereof and that matures one year or more from the calculation date.
(b)Nonperforming assets. An RSF factor of 100 percent is assigned to any asset that is past due by more than 90 days or nonaccrual.
(c)Encumbered assets. An encumbered asset, unless otherwise provided in § 50.107(b) relating to derivative transactions, is assigned an RSF factor as follows:
(1)(i) Encumbered assets with less than six months remaining in the encumbrance period. For an encumbered asset with less than six months remaining in the encumbrance period, the same RSF factor is assigned to the asset as would be assigned if the asset were not encumbered.
(ii)Encumbered assets with six months or more, but less than one year, remaining in the encumbrance period. For an encumbered asset with six months or more, but less than one year, remaining in the encumbrance period:
(A)If the asset would be assigned an RSF factor of 50 percent or less under paragraphs (a)(1) through (a)(4) of this section if the asset were not encumbered, an RSF factor of 50 percent is assigned to the asset.
(B)If the asset would be assigned an RSF factor of greater than 50 percent under paragraphs (a)(5) through (a)(7) of this section if the asset were not encumbered, the same RSF factor is assigned to the asset as would be assigned if it were not encumbered.
(d)Off-balance sheet rehypothecated assets. When an NSFR liability of a national bank or Federal savings association is secured by an off-balance sheet asset or results from the national bank or Federal savings association selling an off-balance sheet asset (for instance, in the case of a short sale), other than an off-balance sheet asset received by the national bank or Federal savings association as variation margin under a derivative transaction:
(1)If the national bank or Federal savings association received the off-balance sheet asset under a lending transaction, an RSF factor is assigned to the lending transaction as if it were encumbered for the longer of:
(i)The remaining maturity of the NSFR liability; and
(ii)Any other encumbrance period applicable to the transaction through which the off-balance sheet asset was received.
(2)If the national bank or Federal savings association received the off-balance sheet asset under an asset exchange, an RSF factor is assigned to the asset provided by the national bank or Federal savings association in the asset exchange as if the provided asset were encumbered for the longer of:
(3)If the national bank or Federal savings association did not receive the off-balance sheet asset under a lending transaction or asset exchange, an RSF factor is assigned to the on-balance sheet asset resulting from the rehypothecation of the off-balance sheet asset as if the on-balance sheet asset were encumbered for the longer of:
(iii)Encumbered assets with one year or more remaining in the encumbrance period. For an encumbered asset with one year or more remaining in the encumbrance period, an RSF factor of 100 percent is assigned to the asset.
(2)Assets encumbered for period longer than remaining maturity. If an asset is encumbered for an encumbrance period longer than the asset's maturity, the asset is assigned an RSF factor under paragraph (c)(1) of this section based on the length of the encumbrance period.
(3)Segregated account assets. An asset held in a segregated account maintained pursuant to statutory or regulatory requirements for the protection of customer assets is not considered encumbered for purposes of this paragraph solely because such asset is held in the segregated account.
50.107Calculation of NSFR derivatives amounts.#
(a)General requirement. A national bank or Federal savings association must calculate its derivatives RSF amount and certain components of its ASF amount relating to the national bank's or Federal savings association's derivative transactions (which includes cleared derivative transactions of a customer with respect to which the national bank or Federal savings association is acting as agent for the customer that are included on the national bank's or Federal savings association's balance sheet under GAAP) in accordance with this section.
(b)Calculation of required stable funding amount relating to derivative transactions. A national bank's or Federal savings association's derivatives RSF amount equals the sum of:
(1)Current derivative transaction values. The national bank's or Federal savings association's NSFR derivatives asset amount, as calculated under paragraph (d)(1) of this section, multiplied by an RSF factor of 100 percent;
(2)Variation margin provided. The carrying value of variation margin provided by the national bank or Federal savings association under each derivative transaction not subject to a qualifying master netting agreement and each QMNA netting set, to the extent the variation margin reduces the national bank's or Federal savings association's derivatives liability value under the derivative transaction or QMNA netting set, as calculated under paragraph (f)(2) of this section, multiplied by an RSF factor of zero percent;
(3)Excess variation margin provided. The carrying value of variation margin provided by the national bank or Federal savings association under each derivative transaction not subject to a qualifying master netting agreement and each QMNA netting set in excess of the amount described in paragraph (b)(2) of this section for each derivative transaction or QMNA netting set, multiplied by the RSF factor assigned to each asset comprising the variation margin pursuant to § 50.106;
(4)Variation margin received. The carrying value of variation margin received by the national bank or Federal savings association, multiplied by the RSF factor assigned to each asset comprising the variation margin pursuant to § 50.106;
(5)Potential valuation changes. (i) An amount equal to 5 percent of the sum of the gross derivative values of the national bank or Federal savings association that are liabilities, as calculated under paragraph (b)(5)(ii) of this section, for each of the national bank's or Federal savings association's derivative transactions not subject to a qualifying master netting agreement and each of its QMNA netting sets, multiplied by an RSF factor of 100 percent;
(c)Calculation of available stable funding amount relating to derivative transactions. The following amounts of a national bank or Federal savings association are assigned a zero percent ASF factor:
(1)The national bank's or Federal savings association's NSFR derivatives liability amount, as calculated under paragraph (d)(2) of this section; and
(2)The carrying value of NSFR liabilities in the form of an obligation to return initial margin or variation margin received by the national bank or Federal savings association.
(d)Calculation of NSFR derivatives asset or liability amount. (1) A national bank's or Federal savings association's NSFR derivatives asset amount is the greater of:
(e)Calculation of total derivatives asset and liability amounts. (1) A national bank's or Federal savings association's total derivatives asset amount is the sum of the national bank's or Federal savings association's derivatives asset values, as calculated under paragraph (f)(1) of this section, for each derivative transaction not subject to a qualifying master netting agreement and each QMNA netting set.
(2)A national bank's or Federal savings association's total derivatives liability amount is the sum of the national bank's or Federal savings association's derivatives liability values, as calculated under paragraph (f)(2) of this section, for each derivative transaction not subject to a qualifying master netting agreement and each QMNA netting set.
(f)Calculation of derivatives asset and liability values. For each derivative transaction not subject to a qualifying master netting agreement and each QMNA netting set:
(1)The derivatives asset value is equal to the asset value to the national bank or Federal savings association, after taking into account:
(i)Any variation margin received by the national bank or Federal savings association that is in the form of cash and meets the following conditions:
(A)The variation margin is not segregated;
(B)The variation margin is received in connection with a derivative transaction that is governed by a QMNA or other contract between the counterparties to the derivative transaction, which stipulates that the counterparties agree to settle any payment obligations on a net basis, taking into account any variation margin received or provided;
(C)The variation margin is calculated and transferred on a daily basis based on mark-to-fair value of the derivative contract; and
(D)The variation margin is in a currency specified as an acceptable currency to settle obligations in the relevant governing contract; and
(ii)Any variation margin received by the national bank or Federal savings association that is in the form of level 1 liquid assets and meets the conditions of paragraph (f)(1)(i) of this section provided the national bank or Federal savings association retains the right to rehypothecate the asset for the duration of time that the asset is posted as variation margin to the national bank or Federal savings association; or
(2)The derivatives liability value is equal to the liability value of the national bank or Federal savings association, after taking into account any variation margin provided by the national bank or Federal savings association.
(i)Zero; and
(ii)The national bank's or Federal savings association's total derivatives asset amount, as calculated under paragraph (e)(1) of this section, less the national bank's or Federal savings association's total derivatives liability amount, as calculated under paragraph (e)(2) of this section.
(2)A national bank's or Federal savings association's NSFR derivatives liability amount is the greater of:
(i)Zero; and
(ii)The national bank's or Federal savings association's total derivatives liability amount, as calculated under paragraph (e)(2) of this section, less the national bank's or Federal savings association's total derivatives asset amount, as calculated under paragraph (e)(1) of this section.
(6)Contributions to central counterparty mutualized loss sharing arrangements. The fair value of a national bank's or Federal savings association's contribution to a central counterparty's mutualized loss sharing arrangement (regardless of whether the contribution is included on the national bank's or Federal savings association's balance sheet), multiplied by an RSF factor of 85 percent; and
(7)Initial margin provided. The fair value of initial margin provided by the national bank or Federal savings association for derivative transactions (regardless of whether the initial margin is included on the national bank's or Federal savings association's balance sheet), which does not include initial margin provided by the national bank or Federal savings association for cleared derivative transactions with respect to which the national bank or Federal savings association is acting as agent for a customer and the national bank or Federal savings association does not guarantee the obligations of the customer's counterparty to the customer under the derivative transaction (such initial margin would be assigned an RSF factor pursuant to § 50.106 to the extent the initial margin is included on the national bank's or Federal savings association's balance sheet), multiplied by an RSF factor equal to the higher of 85 percent or the RSF factor assigned to each asset comprising the initial margin pursuant to § 50.106.
50.108Funding related to Covered Federal Reserve Facility Funding.#
(a)Treatment of Covered Federal Reserve Facility Funding. Notwithstanding any other section of this part and except as provided in paragraph (b) of this section, available stable funding amounts and required stable funding amounts related to Covered Federal Reserve Facility Funding and the assets securing Covered Federal Reserve Facility Funding are excluded from the calculation of a national bank's or Federal savings association's net stable funding ratio calculated under § 50.100(b).
(b)Exception. To the extent the Covered Federal Reserve Facility Funding is secured by securities, debt obligations, or other instruments issued by the national bank or Federal savings association or one of its consolidated subsidiaries, the Covered Federal Reserve Facility Funding and assets securing the Covered Federal Reserve Facility Funding are not subject to paragraph (a) of this section and the available stable funding amount and required stable funding amount must be included in the national bank's or Federal savings association's net stable funding ratio calculated under § 50.100(b).
50.109Rules for consolidation.#
(a)Consolidated subsidiary available stable funding amount. For available stable funding of a legal entity that is a consolidated subsidiary of a national bank or Federal savings association, including a consolidated subsidiary organized under the laws of a foreign jurisdiction, the national bank or Federal savings association may include the available stable funding of the consolidated subsidiary in its ASF amount up to:
(1)The RSF amount of the consolidated subsidiary, as calculated by the national bank or Federal savings association for the national bank's or Federal savings association's net stable funding ratio under this part; plus
(2)Any amount in excess of the RSF amount of the consolidated subsidiary, as calculated by the national bank or Federal savings association for the national bank's or Federal savings association's net stable funding ratio under this part, to the extent the consolidated subsidiary may transfer assets to the top-tier national bank or Federal savings association, taking into account statutory, regulatory, contractual, or supervisory restrictions, such as sections 23A and 23B of the Federal Reserve Act (12 U.S.C. 371c and 12 U.S.C. 371c-1) and Regulation W (12 CFR part 223).
(b)Required consolidation procedures. To the extent a national bank or Federal savings association includes an ASF amount in excess of the RSF amount of the consolidated subsidiary, the national bank or Federal savings association must implement and maintain written procedures to identify and monitor applicable statutory, regulatory, contractual, supervisory, or other restrictions on transferring assets from any of its consolidated subsidiaries. These procedures must document which types of transactions the national bank or Federal savings association could use to transfer assets from a consolidated subsidiary to the national bank or Federal savings association and how these types of transactions comply with applicable statutory, regulatory, contractual, supervisory, or other restrictions.
Subpart L · Subpart L—Net Stable Funding Shortfall
50.110NSFR shortfall: Supervisory framework.#
(a)Notification requirements. A national bank or Federal savings association must notify the OCC no later than 10 business days, or such other period as the OCC may otherwise require by written notice, following the date that any event has occurred that would cause or has caused the national bank's or Federal savings association's net stable funding ratio to be less than 1.0 as required under § 50.100.
(b)Liquidity Plan. (1) A national bank or Federal savings association must within 10 business days, or such other period as the OCC may otherwise require by written notice, provide to the OCC a plan for achieving a net stable funding ratio equal to or greater than 1.0 as required under § 50.100 if:
(i)The national bank or Federal savings association has or should have provided notice, pursuant to § 50.110(a), that the national bank's or Federal savings association's net stable funding ratio is, or will become, less than 1.0 as required under § 50.100;
(ii)The national bank's or Federal savings association's reports or disclosures to the OCC indicate that the national bank's or Federal savings association's net stable funding ratio is less than 1.0 as required under § 50.100; or
(c)Supervisory and enforcement actions. The OCC may, at its discretion, take additional supervisory or enforcement actions to address noncompliance with the minimum net stable funding ratio and other requirements of subparts K through N of this part (see also § 50.2(c)).
(i)An assessment of the national bank's or Federal savings association's liquidity profile;
(ii)The actions the national bank or Federal savings association has taken and will take to achieve a net stable funding ratio equal to or greater than 1.0 as required under § 50.100, including:
(A)A plan for adjusting the national bank's or Federal savings association's liquidity profile;
(B)A plan for remediating any operational or management issues that contributed to noncompliance with subpart K of this part; and
(iii)An estimated time frame for achieving full compliance with § 50.100.
(2)The plan must include, as applicable:
(3)The national bank or Federal savings association must report to the OCC at least monthly, or such other frequency as required by the OCC, on progress to achieve full compliance with § 50.100.
Subpart M · Subpart M—Transitions
50.120Transitions.#
(a)Initial application. (1) A national bank or Federal savings association that initially becomes subject to the minimum net stable funding requirement under § 50.1(b)(1)(i) after July 1, 2021, must comply with the requirements of subparts K through M of this part beginning on the first day of the third calendar quarter after which the national bank or Federal savings association becomes subject to this part.
(2)A national bank or Federal savings association that becomes subject to the minimum net stable funding requirement under § 50.1(b)(1)(ii) must comply with the requirements of subparts K through M of this part subject to a transition period specified by the OCC.
(b)Transition to a different required stable funding adjustment percentage. (1) A national bank or Federal savings association whose required stable funding adjustment percentage changes is subject to the transition periods as set forth in § 50.105(c).
(2)A national bank or Federal savings association institution that is no longer subject to the minimum stable funding requirement of this part pursuant to § 50.1(b)(1)(i) based on the size of total consolidated assets, cross-jurisdictional activity, total nonbank assets, weighted short-term wholesale funding, or off-balance sheet exposure calculated in accordance with the Call Report, or instructions to the FR Y-9LP, the FR Y-15, or equivalent reporting form, as applicable, for each of the four most recent calendar quarters may cease compliance with the requirements of subparts K through M of this part as of the first day of the first calendar quarter after it is no longer subject to § 50.1(b).
(c)Reservation of authority. The OCC may extend or accelerate any compliance date of this part if the OCC determines such extension or acceleration is appropriate. In determining whether an extension or acceleration is appropriate, the OCC will consider the effect of the modification on financial stability, the period of time for which the modification would be necessary to facilitate compliance with the requirements of subparts K through M of this part, and the actions the national bank or Federal savings association is taking to come into compliance with the requirements of subparts K through M of this part.
United States Government work; public domain under 17 U.S.C. § 105.