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FDIC, Federal Deposit Insurance Corporation, Office of Inspector General, core values: communication, objectivity, responsibility, excellence
FDIC.GOV Office of Inspector General core values: communication, objectivity, responsibility, excellence
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Capital Provision Requirements Established Under Supervisory Corrective Actions

July 15, 2005
Audit Report 05-026


Footnote 1:  The Uniform Financial Institutions Rating System is based on a scale of 1 through 5. Banks with component capital adequacy ratings of 1 or 2 are considered to presently have adequate capital and are expected to continue to maintain adequate capital in future periods. A 3 rating should be assigned when the relationship of the capital structure to the various qualitative and quantitative factors comprising the analysis is adverse or is expected to become adverse in the relatively near future (12 to 24 months), even after giving weight to management as a mitigating factor. Banks rated 4 or 5 are clearly inadequately capitalized, the latter representing a situation of such gravity as to threaten viability and solvency.

Footnote 2:  According to the Formal and Informal Action Procedures Manual, informal actions are voluntary commitments made by an insured financial institution’s board of directors. Such actions are designed to correct noted safety and soundness deficiencies or ensure compliance with federal and state banking laws. Informal actions are not legally enforceable and are undisclosed to the public. Informal action is generally appropriate for institutions that receive a composite rating of 3 for safety and soundness. This rating indicates that an institution has weaknesses that, if left uncorrected, could cause the institution’s condition to deteriorate. As an informal action, the FDIC can recommend that a bank adopt a Bank Board Resolution that commits itself to addressing specific noted deficiencies, or the FDIC can sign a Memorandum of Understanding with the bank.

Footnote 3:  According to the Formal and Informal Action Procedures Manual, formal actions are notices or orders issued by the FDIC against insured financial institutions and/or individuals. The purpose of a formal action is to correct noted safety and soundness deficiencies, ensure compliance with federal and state banking laws, and/or enforce removal proceedings. Formal actions are legally enforceable and available to the public after issuance. A formal action is generally initiated against an institution with a composite rating of 4 or 5 for safety and soundness. The FDIC can issue the following formal actions: termination of federal deposit insurance; cease-and-desist action; removal, prohibition, and suspension actions; and civil money penalties. In addition, the FDIC can issue prompt corrective action directives to undercapitalized institutions.

Footnote 4:  In accordance with the Formal and Informal Action Procedures Manual, provisions are specific corrective measures an institution or individual is required to take under a corrective action.

Footnote 5:  According to the Federal Financial Institutions Examination Council’s A User’s Guide for the Uniform Bank Performance Report, banks are assigned to one primary peer group from which average ratios are calculated. Peer group averages are included in the Uniform Bank Performance Report to show the average performance of a group of banks with similar characteristics. This information can be used as a benchmark against which an individual bank’s assets and liability structure and earnings may be measured. The peer group average for a given ratio is adjusted to eliminate the effect of banks above the 95th and below the 5th percentile. The resulting average in most cases is very close to the median or mid-point value for a given group of banks. Peer groups are defined by up to three criteria: asset size, number of banking offices, and location. Most banks are assigned to 1 of the 15 primary insured commercial bank peer groups. In addition, several primary line-of-business peer groups have been established, and these peer groups include Savings Banks, Credit Card Specialty Banks, and Bankers Banks.

Footnote 6:  The Basel Committee on Banking Supervision has developed and proposed a new capital adequacy framework (Basel II) to update and improve the internationally recognized capital standards embodied in the 1988 Basel Capital Accord. Basel II brings a new approach to the regulatory capital framework and creates incentives for advancement in risk measurement and management processes at large and complex, internationally-active financial institutions. Although one of the goals of Basel II is to focus on internationally active banks, the underlying principles should be suitable for application to banks of varying levels of complexity and sophistication. The Basel Committee is comprised of representatives of the central bank and supervisory authorities from the G-10 countries (Belgium, Canada, France, Germany, Italy, Japan, Netherlands, Sweden, Switzerland, the United Kingdom, and the United States) and Luxembourg and Spain.

Footnote 7:  Under the risk-based capital framework, a bank’s balance sheet assets and credit equivalent amounts of off-balance sheet items are generally assigned to one of four broad risk categories (0, 20, 50, and 100 percent) according to the obligor, or if relevant, the guarantor or the nature of the collateral. Although the majority of assets and off-balance sheet items fall within one of the four broad risk categories, there are exceptions that fall outside of the general categories. In addition, in 1999, the agencies introduced a 200 percent risk-weighted category. This category applies to externally rated recourse obligations, direct credit substitutes, residual interest (other than credit-enhancing interest-only strips), and asset- and mortgage-backed securities that are rated one category below the lowest investment grade category or non-rated positions for which the bank deems that the credit risk is equivalent to one category below investment grade (e.g., BB).

Footnote 8:  The Tier 1 Leverage Capital ratio is computed by taking a bank’s Tier 1 Capital and dividing it by Total Assets. Tier 1 Capital is composed of a bank’s core capital elements, such as common stockholders’ equity, noncumulative perpetual preferred stock, and minority interest in consolidated subsidiaries, less various exclusions and disallowed items.

Footnote 9:  The Total Risk-Based Capital ratio is computed by adding a bank’s Tier 1 Capital, Tier 2 Capital, and Tier 3 Capital and dividing the sum by Total Risk-Weighted Assets. Tier 2 Capital is composed of a bank’s supplementary capital elements, such as a portion of the allowance for loan and lease losses, cumulative perpetual preferred stock, long-term preferred stock, and net unrealized holding gains on equity securities. Tier 3 Capital is capital allocated for market risk.

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Last updated 7/28/2005