§238.10. Categorization of banking organizations.
12 C.F.R. § 238.10
General. A banking organization with average total consolidated assets of $100 billion or more must determine its category among the three categories described in paragraphs (b) through (d) of this section at least quarterly.
Category II.
A banking organization is a Category II banking organization if the banking organization has—
$700 billion or more in average total consolidated assets; or
$75 billion or more in average cross-jurisdictional activity; and
$100 billion or more in average total consolidated assets.
After meeting the criteria in paragraph (b)(1) of this section, a banking organization continues to be a Category II banking organization until the banking organization has:
Less than $700 billion in total consolidated assets for each of the four most recent calendar quarters; and
Less than $75 billion in cross-jurisdictional activity for each of the four most recent calendar quarters; or
Less than $100 billion in total consolidated assets for each of the four most recent calendar quarters.
Category III.
A banking organization is a Category III banking organization if the banking organization—
Has—
$250 billion or more in average total consolidated assets; or
$100 billion or more in average total consolidated assets and at least:
(1) $75 billion in average total nonbank assets;
(2) $75 billion in average weighted short-term wholesale funding; or
(3) $75 billion in average off-balance sheet exposure; and
Is not a Category II banking organization.
After meeting the criteria in paragraph (c)(1) of this section, a banking organization continues to be a Category III banking organization until the banking organization:
Has—
Less than $250 billion in total consolidated assets for each of the four most recent calendar quarters;
Less than $75 billion in total nonbank assets for each of the four most recent calendar quarters;
Less than $75 billion in weighted short-term wholesale funding for each of the four most recent calendar quarters; and
Less than $75 billion in off-balance sheet exposure for each of the four most recent calendar quarters; or
Has less than $100 billion in total consolidated assets for each of the four most recent calendar quarters; or
Meets the criteria in paragraph (b)(1) of this section to be a Category II banking organization.
Category IV.
A banking organization with average total consolidated assets of $100 billion or more is a Category IV banking organization if the banking organization:
Is not a Category II banking organization; and
Is not a Category III banking organization.
After meeting the criteria in paragraph (d)(1) of this section, a banking organization continues to be a Category IV banking organization until the banking organization:
Has less than $100 billion in total consolidated assets for each of the four most recent calendar quarters;
Meets the criteria in paragraph (b)(1) of this section to be a Category II banking organization; or
Meets the criteria in paragraph (c)(1) of this section to be a Category III banking organization.
Notes, amendments, and revision history
Amendments
[84 FR 59077, Nov. 1, 2019]
Authority
Authority: 5 U.S.C. 552, 559; 12 U.S.C. 1462, 1462a, 1463, 1464, 1467, 1467a, 1468, 5365; 1813, 1817, 1829e, 1831i, 1972, 15 U.S.C. 78 l.
Source
Source: Reg. LL, 76 FR 56532, Sept. 13, 2011, unless otherwise noted.
Amendments
[84 FR 59077, Nov. 1, 2019]