(a) Charges for deficiencies--(1) Assessment of charges. Deficiencies in a depository institution's required reserve balance, after application of the carryover provided in Sec. 204.3(h)
are subject to reserve deficiency charges. Federal Reserve Banks are authorized to assess charges for deficiencies in required reserves at a rate of 1 percentage point per year above the primary credit rate, as provided in Sec. 201.51(a) of this chapter, in effect for borrowings from the Federal Reserve Bank on the first day of the calendar month in which the deficiencies
occurred. Charges shall be assessed on the basis of daily average deficiencies during each maintenance period. Reserve Banks may, as an alternative to levying monetary charges, after consideration of the circumstances involved, permit a depository institution to eliminate deficiencies in its required reserve balance by maintaining additional reserves during subsequent reserve maintenance periods.
(2) Waivers. (i) Reserve Banks may waive the charges for reserve deficiencies except when the deficiency arises out of a depository institution's gross negligence or conduct that is inconsistent with the principles and purposes of reserve requirements. Each Reserve Bank has adopted guidelines that provide for waivers of small charges. The guidelines also provide for waiving the charge once during a two-year period for any deficiency that does not exceed a certain percentage of the depository institution's required reserves. Decisions by Reserve Banks to waive charges in other situations are based on an evaluation of
the circumstances in each individual case and the depository institution's reserve maintenance record. If a depository institution has demonstrated a lack of due regard for the proper maintenance of required reserves, the Reserve Bank may decline to exercise the waiver privilege and assess all
charges regardless of amount or reason for the deficiency.
(ii) In individual
cases, where a federal supervisory authority waives a liquidity requirement,
or waives the penalty for failing to satisfy a liquidity requirement, the
Reserve Bank in the District where the involved depository institution
is located shall waive the reserve requirement imposed under this part
for such depository institution when requested by the federal supervisory
authority involved.
(b) Penalties for Violations. Violations of this part may be subject to assessment of civil
money penalties by the Board under authority of section 19(1) of the Federal Reserve Act (12 U.S.C 505) as implemented in 12 CFR part 263. In addition, the Board and any other Federal financial institution supervisory authority may enforce this part with respect to depository institutions subject to their jurisdiction under authority conferred by law to undertake cease and desist proceedings.
Effective Date Note: At 61 FR 69025, Dec. 31, 1996, Sec. 204.7 was amended in paragraph (a)(1) by removing ``after application of the 2 percent carryover provided in Sec. 204.3(h)'' and adding in its place ``after application of the carryover provided in Sec. 204.3(h)'', effective Apr. 1, 1997.
BankersOnline is a free service made possible by the generous support of our advertisers and sponsors. Advertisers and sponsors are not responsible for site content. Please help us keep BankersOnline FREE to all banking professionals. Support our advertisers and sponsors by clicking through to learn more about their products and services.
Print Friendly!
Email This Article!
Discuss NOW!
