---
kind: "section"
citation: "12 C.F.R. § 1236.3"
title: "12"
number: "1236.3"
heading: "Prudential standards as regulations or guidelines."
url: "https://uscodex.org/cfr/12/1236.3"
---

# §1236.3. Prudential standards as regulations or guidelines.

- (a) **Form.** As expressly authorized by [12 U.S.C. 4513b(a)](/usc/12/4513b.md?p=a), FHFA may establish Standards as regulations or guidelines.
- (b) **Standards established as guidelines.** Each Standard that has been established as a guideline is located in the appendix to this part. FHFA will provide public notice of, and seek public comment on, any Standard it plans to establish as a guideline, or on any material modification to any Standard established as a guideline. FHFA may revoke any Standard established as a guideline at any time by order or notice. Standards established as guidelines are subject to the remedial provisions of §§ [1236.4](/cfr/12/1236.4.md) and [1236.5](/cfr/12/1236.5.md).
- (c) **Standards established as regulations.** When establishing a Standard as a regulation or amending such a Standard, FHFA shall follow applicable rulemaking procedures of the Administrative Procedure Act, [12 U.S.C. 553](/usc/12/553.md). Standards established as regulations may be set forth as subparts or provisions of this part; or as other parts or subparts, or as provisions of such other parts or subparts, of this chapter XII of [title 12](/cfr/12.md). When not set forth as a subpart of this part, the regulation or any provision thereof that is a Standard shall be identified as a Standard in the body of the regulation. Standards established as regulations are subject to this part, including the remedial provisions of §§ [1236.4](/cfr/12/1236.4.md) and [1236.5](/cfr/12/1236.5.md), and to the enforcement provisions of 12 U.S.C. chapter 46, subchapter III.
- (d) **Conflicts.** In the case of a direct conflict between a Standard established as a guideline and any FHFA regulation, when it is not possible to comply with both that Standard and the FHFA regulation, the FHFA regulation shall control.

## Notes

### Amendments

[89 FR 3539, Jan. 19, 2024]

### Authority

Authority: 12 U.S.C. 4511, 4513(a) and (f), 4513b, and 4526.

### Source

Source: 77 FR 33959, June 8, 2012, unless otherwise noted.

### Amendments

[89 FR 3539, Jan. 19, 2024]