---
kind: "range"
citation: "12 C.F.R. §§ 217.61–217.63"
title: "12"
from: "217.61"
to: "217.63"
count: 3
url: "https://uscodex.org/cfr/12/217.61..217.63"
---

# §217.61. Purpose and scope.


[Sections 217.61 through 217.63](/cfr/12/217.61..217.63.md) of this subpart establish public disclosure requirements related to the capital requirements described in [subpart B](/cfr/12/subpartB.md) of this part for a Board-regulated institution with total consolidated assets of $50 billion or more as reported on the Board-regulated institution's most recent year-end Call Report, for a state member bank, or FR Y-9C, for a bank holding company or savings and loan holding company, as applicable that is not an advanced approaches Board-regulated institution making public disclosures pursuant to [§ 217.172](/cfr/12/217.172.md). An advanced approaches Board-regulated institution that has not received approval from the Board to exit parallel run pursuant to [§ 217.121(d)](/cfr/12/217.121.md?p=d) is subject to the disclosure requirements described in §§ [217.62](/cfr/12/217.62.md) and [217.63](/cfr/12/217.63.md). A Board-regulated institution with total consolidated assets of $50 billion or more as reported on the Board-regulated institution's most recent year-end Call Report, for a state member bank, or FR Y-9C, for a bank holding company or savings and loan holding company, as applicable, that is not an advanced approaches Board-regulated institution making public disclosures subject to [§ 217.172](/cfr/12/217.172.md) must comply with [§ 217.62](/cfr/12/217.62.md) unless it is a consolidated subsidiary of a bank holding company, savings and loan holding company, or depository institution that is subject to the disclosure requirements of [§ 217.62](/cfr/12/217.62.md) or a subsidiary of a non-U.S. banking organization that is subject to comparable public disclosure requirements in its home jurisdiction. For purposes of this section, total consolidated assets are determined based on the average of the Board-regulated institution's total consolidated assets in the four most recent quarters as reported on the Call Report, for a state member bank, or FR Y-9C, for a bank holding company or savings and loan holding company, as applicable; or the average of the Board-regulated institution's total consolidated assets in the most recent consecutive quarters as reported quarterly on the Board-regulated institution's Call Report, for a state member bank, or FR Y-9C, for a bank holding company or savings and loan holding company, as applicable if the Board-regulated institution has not filed such a report for each of the most recent four quarters.


# §217.62. Disclosure requirements.

- (a) A Board-regulated institution described in [§ 217.61](/cfr/12/217.61.md) must provide timely public disclosures each calendar quarter of the information in the applicable tables in [§ 217.63](/cfr/12/217.63.md). If a significant change occurs, such that the most recent reported amounts are no longer reflective of the Board-regulated institution's capital adequacy and risk profile, then a brief discussion of this change and its likely impact must be disclosed as soon as practicable thereafter. Qualitative disclosures that typically do not change each quarter (for example, a general summary of the Board-regulated institution's risk management objectives and policies, reporting system, and definitions) may be disclosed annually after the end of the fourth calendar quarter, provided that any significant changes are disclosed in the interim. The Board-regulated institution's management may provide all of the disclosures required by [§§ 217.61 through 217.63](/cfr/12/217.61..217.63.md) in one place on the Board-regulated institution's public Web site or may provide the disclosures in more than one public financial report or other regulatory reports, provided that the Board-regulated institution publicly provides a summary table specifically indicating the location(s) of all such disclosures.
- (b) A Board-regulated institution described in [§ 217.61](/cfr/12/217.61.md) must have a formal disclosure policy approved by the board of directors that addresses its approach for determining the disclosures it makes. The policy must address the associated internal controls and disclosure controls and procedures. The board of directors and senior management are responsible for establishing and maintaining an effective internal control structure over financial reporting, including the disclosures required by this subpart, and must ensure that appropriate review of the disclosures takes place. One or more senior officers of the Board-regulated institution must attest that the disclosures meet the requirements of this subpart.
- (c) If a Board-regulated institution described in [§ 217.61](/cfr/12/217.61.md) concludes that specific commercial or financial information that it would otherwise be required to disclose under this section would be exempt from disclosure by the Board under the Freedom of Information Act ([5 U.S.C. 552](/usc/5/552.md)), then the Board-regulated institution is not required to disclose that specific information pursuant to this section, but must disclose more general information about the subject matter of the requirement, together with the fact that, and the reason why, the specific items of information have not been disclosed.

# §217.63. Disclosures by Board-regulated institutions described in § 217.61.

- (a) Except as provided in [§ 217.62](/cfr/12/217.62.md), a Board-regulated institution described in [§ 217.61](/cfr/12/217.61.md) must make the disclosures described in Tables 1 through 10 of this section. The Board-regulated institution must make these disclosures publicly available for each of the last three years (that is, twelve quarters) or such shorter period beginning on January 1, 2015.
- (b) A Board-regulated institution must publicly disclose each quarter the following:
  - (1) Common equity tier 1 capital, additional tier 1 capital, tier 2 capital, tier 1 and total capital ratios, including the regulatory capital elements and all the regulatory adjustments and deductions needed to calculate the numerator of such ratios;
  - (2) Total risk-weighted assets, including the different regulatory adjustments and deductions needed to calculate total risk-weighted assets;
  - (3) Regulatory capital ratios during any transition periods, including a description of all the regulatory capital elements and all regulatory adjustments and deductions needed to calculate the numerator and denominator of each capital ratio during any transition period; and
  - (4) A reconciliation of regulatory capital elements as they relate to its balance sheet in any audited consolidated financial statements.
- (c) **General qualitative disclosure requirement.** For each separate risk area described in Tables 5 through 10, the Board-regulated institution must describe its risk management objectives and policies, including: Strategies and processes; the structure and organization of the relevant risk management function; the scope and nature of risk reporting and/or measurement systems; policies for hedging and/or mitigating risk and strategies and processes for monitoring the continuing effectiveness of hedges/mitigants.
- (d) A Category III Board-regulated institution that is required to publicly disclose its supplementary leverage ratio pursuant to [§ 217.172(d)](/cfr/12/217.172.md?p=d) is subject to the supplementary leverage ratio disclosure requirement at [§ 217.173(a)(2)](/cfr/12/217.173.md?p=a-2).
- (e) A Category III Board-regulated institution that is required to calculate a countercyclical capital buffer pursuant to [§ 217.11](/cfr/12/217.11.md) is subject to the disclosure requirement at Table 4 to [§ 217.173](/cfr/12/217.173.md), “Capital Conservation and Countercyclical Capital Buffers,” and not to the disclosure requirement at Table 4 to this section, “Capital Conservation Buffer.”