Regulators finalize TLAC and capital rule revision

The OCC, Federal Reserve Board, and FDIC have published a final rule [85 FR 63423] adopting as final the revisions to the definition of eligible retained income made under the interim final rule published [85 FR 15909] in the Federal Register on March 20, 2020, for all depository institutions, bank holding companies, and savings and loan holding companies subject to the agencies' capital rule. The final rule revises the definition of eligible retained income to make more gradual any automatic limitations on capital distributions that could apply under the agencies' capital rule.

Separately, in this final rule, the Board also is adopting as final the definition of eligible retained income made under the interim final rule published [85 FR 17003] in the Federal Register on March 26, 2020, for purposes of the Board's total loss-absorbing capacity (TLAC) rule. The final rule, which will become effective January 1, 2021, adopts these interim final rules with no changes.