Sec. 223.22 What valuation and timing principles apply to asset purchases?
(a) Valuation. (1) In general. Except as provided in paragraph (a)(2) of this section, a
purchase of an asset by a member bank from an affiliate must be valued initially at the total
amount of consideration given (including liabilities assumed) by the member bank in exchange
for the asset. The value of the covered transaction after the purchase may be reduced to reflect
amortization or depreciation of the asset, to the extent that such reductions are consistent with
GAAP.
(2) Exceptions. (i) Purchase of an extension of credit to an affiliate. A purchase from
an affiliate of an extension of credit to an affiliate must be valued in accordance with § 223.21,
unless the note or obligation evidencing the extension of credit is a security issued by an
affiliate (in which case the transaction must be valued in accordance with § 223.23).
(ii) Purchase of a security issued by an affiliate. A purchase from an affiliate of a
security issued by an affiliate must be valued in accordance with § 223.23.
(iii) Transfer of a subsidiary. A transfer to a member bank of securities issued by an
affiliate that is treated as a purchase of assets from an affiliate under § 223.31 must be valued
in accordance with paragraph (b) of § 223.31.
(iv) Purchase of a line of credit. A purchase from an affiliate of a line of credit,
revolving credit facility, or other similar credit arrangement for a nonaffiliate must be valued
initially at the total amount of consideration given by the member bank in exchange for the
asset plus any additional amount that the member bank could be required to provide to the
borrower under the terms of the credit arrangement.
(b) Timing. (1) In general. A purchase of an asset from an affiliate remains a covered
transaction for a member bank for as long as the member bank holds the asset.
(2) Asset purchases by a member bank from a nonaffiliate in contemplation of the
nonaffiliate becoming an affiliate of the member bank. If a member bank purchases an asset
from a nonaffiliate in contemplation of the nonaffiliate becoming an affiliate of the member
bank, the asset purchase becomes a covered transaction at the time that the nonaffiliate
becomes an affiliate of the member bank. In addition, the member bank must ensure that the
aggregate amount of the member bank’s covered transactions (including any such transaction
with the nonaffiliate) would not exceed the quantitative limits of § 223.11 or 223.12 at the time
the nonaffiliate becomes an affiliate.
(c) Examples. The following are examples of how to value a member bank’s purchase
of an asset from an affiliate.
(1) Cash purchase of assets. A member bank purchases a pool of loans from an affiliate
for $10 million. The member bank initially must value the covered transaction at $10 million.
Going forward, if the borrowers repay $6 million of the principal amount of the loans, the
member bank may value the covered transaction at $4 million.
(2) Purchase of assets through an assumption of liabilities. An affiliate of a member
bank contributes real property with a fair market value of $200,000 to the member bank. The
member bank pays the affiliate no cash for the property, but assumes a $50,000 mortgage on
the property. The member bank has engaged in a covered transaction with the affiliate and
initially must value the transaction at $50,000. Going forward, if the member bank retains the
real property but pays off the mortgage, the member bank must continue to value the covered
transaction at $50,000. If the member bank, however, sells the real property, the transaction
ceases to be a covered transaction at the time of the sale (regardless of the status of the
mortgage).
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!
