Sec. 208.41 Definitions for purposes of this subpart.

For purposes of this subpart, except as modified in this section or unless the context otherwise requires, the terms used have the same meanings as set forth in section 38 and section 3 of the FDI Act.

(a) Advanced approaches bank means a bank that is described in §217.100(b)(1) of Regulation Q (12 CFR 217.100(b)(1)).

(b) Bank means an insured depository institution as defined in section 3 of the FDI Act (12 U.S.C. 1813).

(c) Common equity tier 1 capital means the amount of capital as defined in §217.2 of Regulation Q (12 CFR 217.2).

(d) Common equity tier 1 risk-based capital ratio means the ratio of common equity tier 1 capital to total risk-weighted assets, as calculated in accordance with §217.10(b)(1) or §217.10(c)(1) of Regulation Q (12 CFR 217.10(b)(1), 12 CFR 217.10(c)(1)), as applicable.

(e) Control—(1) Control has the same meaning assigned to it in section 2 of the Bank Holding Company Act (12 U.S.C. 1841), and the term controlled shall be construed consistently with the term control.

(2) Exclusion for fiduciary ownership. No insured depository institution or company controls another insured depository institution or company by virtue of its ownership or control of shares in a fiduciary capacity. Shares shall not be deemed to have been acquired in a fiduciary capacity if the acquiring insured depository institution or company has sole discretionary authority to exercise voting rights with respect to the shares.

(3) Exclusion for debts previously contracted. No insured depository institution or company controls another insured depository institution or company by virtue of its ownership or control of shares acquired in securing or collecting a debt previously contracted in good faith, until two years after the date of acquisition. The two-year period may be extended at the discretion of the appropriate Federal banking agency for up to three one-year periods.

(f) Controlling person means any person having control of an insured depository institution and any company controlled by that person.

(g) Leverage ratio means the ratio of tier 1 capital to average total consolidated assets, as calculated in accordance with §217.10 of Regulation Q (12 CFR 217.10).10

10Before January 1, 2015, the leverage ratio of a member bank that is not an advanced approaches bank is the ratio of tier 1 capital to average total consolidated assets, as calculated in accordance with Appendix B to this part.

(h) Management fee means any payment of money or provision of any other thing of value to a company or individual for the provision of management services or advice to the bank, or related overhead expenses, including payments related to supervisory, executive, managerial, or policy making functions, other than compensation to an individual in the individual's capacity as an officer or employee of the bank.

(i) Supplementary leverage ratio means the ratio of tier 1 capital to total leverage exposure, as calculated in accordance with §217.10 of Regulation Q (12 CFR 217.10).

(j) Tangible equity means the amount of tier 1 capital, plus the amount of outstanding perpetual preferred stock (including related surplus) not included in tier 1 capital.11

11Before January 1, 2015, the tangible equity of a member bank that is not an advanced approaches bank is the amount of core capital elements as defined in appendix A to this part, plus the amount of outstanding cumulative perpetual preferred stock (including related surplus) minus all intangible assets except mortgage servicing assets to the extent that the Board determines that mortgage servicing assets may be included in calculating the bank's tier 1 capital, as calculated in accordance with Appendix A to this part.

(k) Tier 1 capital means the amount of capital as defined in §217.20 of Regulation Q (12 CFR 217.20).12

12Before January 1, 2015, the tier 1 capital of a member bank that is not an advanced approaches bank (as defined in §208.41) is calculated in accordance with Appendix A to this part.

(l) Tier 1 risk-based capital ratio means the ratio of tier 1 capital to total risk-weighted assets, as calculated in accordance with §217.10(b)(2) or §217.10(c)(2) of Regulation Q (12 CFR 217.10(b)(2), 12 CFR 217.10(c)(2)), as applicable.13

13Before January 1, 2015, the tier 1 risk-based capital ratio of a member bank that is not an advanced approaches bank (as defined in §208.41) is calculated in accordance with Appendix A to this part.

(m) Total assets means quarterly average total assets as reported in a bank's Call Report, minus items deducted from tier 1 capital. At its discretion the Federal Reserve may calculate total assets using a bank's period-end assets rather than quarterly average assets.14

14Before January 1, 2015, total assets means, for a member bank that is not an advanced approaches bank (as defined in §208.41), quarterly average total assets as reported in a bank's Call Report, minus all intangible assets except mortgage servicing assets to the extent that the Federal Reserve determines that mortgage servicing assets may be included in calculating the bank's tier 1 capital. At its discretion the Federal Reserve may calculate total assets using a bank's period-end assets rather than quarterly average assets.

(n) Total leverage exposure means the total leverage exposure, as calculated in accordance with §217.11 of Regulation Q (12 CFR 217.11).

(o) Total risk-based capital ratio means the ratio of total capital to total risk-weighted assets, as calculated in accordance with §217.10(b)(3) or §217.10(c)(3) of Regulation Q (12 CFR 217.10(b)(3), 12 CFR 217.10(c)(3)), as applicable.15

15Before January 1, 2015, the total risk-based capital ratio of a member bank that is not an advanced approaches bank (as defined in §208.41) is calculated in accordance with appendix A to this part.

(p) Total risk-weighted assets means standardized total risk-weighted assets, and for an advanced approaches bank also includes advanced approaches total risk-weighted assets, as defined in §217.2 of Regulation Q (12 CFR 217.2).

Editor's Note: Effective January 1, 2018, paragraphs (g) throuhg (p) above are redesignated as paragraphs (h) thourhg (q), and new paragraph (g) is added, as follows: