---
kind: "section"
citation: "12 C.F.R. § 252.164"
title: "12"
number: "252.164"
heading: "Identification as a resolution Covered IHC or a non-resolution Covered IHC."
url: "https://uscodex.org/cfr/12/252.164"
---

# §252.164. Identification as a resolution Covered IHC or a non-resolution Covered IHC.

- (a) **Initial certification.** The top-tier global systemically important foreign banking organization with U.S. non-branch assets that equal or exceed $50 billion must certify to the Board on the later of June 30, 2017, or one year prior to the date on which a Covered IHC becomes subject to the requirements of this subpart pursuant to [§ 252.160(b)](/cfr/12/252.160.md?p=b) whether the planned resolution strategy of the top-tier foreign banking organization involves the Covered IHC or the subsidiaries of the Covered IHC entering resolution, receivership, insolvency, or similar proceedings in the United States.
- (b) **Certification update.** The top-tier global systemically important foreign banking organization with U.S. non-branch assets that equal or exceed $50 billion must provide an updated certification to the Board upon a change in the resolution strategy described in the certification provided pursuant to [paragraph (a)](#a) of this section.
- (c) **Identification of a resolution Covered IHC.** A Covered IHC is a resolution Covered IHC if the most recent certification provided pursuant to paragraphs [(a)](#a) and [(b)](#b) of this section indicates that the top-tier foreign banking organization's planned resolution strategy involves the Covered IHC or the subsidiaries of the Covered IHC entering resolution, receivership, insolvency, or similar proceedings in the United States.
- (d) **Identification of a non-resolution Covered IHC.** A Covered IHC is a non-resolution Covered IHC if the most recent certification provided pursuant to paragraphs [(a)](#a) and [(b)](#b) of this section indicates that the top-tier foreign banking organization's planned resolution strategy involves neither the Covered IHC nor the subsidiaries of the Covered IHC entering resolution, receivership, insolvency, or similar proceedings in the United States.
- (e) **Board determination.** The Board may determine in its discretion that a non-resolution Covered IHC identified pursuant to [paragraph (d)](#d) of this section is a resolution Covered IHC, or that a resolution Covered IHC identified pursuant to [paragraph (c)](#c) of this section is a non-resolution Covered IHC.
- (f) **Transition.**
  - (1) A Covered IHC identified as a resolution Covered IHC pursuant to [paragraph (b)](#b) of this section or determined by the Board to be a resolution Covered IHC pursuant to [paragraph (e)](#e) of this section must comply with the requirements in this subpart applicable to a resolution Covered IHC within 365 days (one year) after such identification or determination, unless such time period is extended by the Board in its discretion.
  - (2) A Covered IHC identified as a non-resolution Covered IHC pursuant to [paragraph (b)](#b) of this section or determined by the Board to be a non-resolution Covered IHC pursuant to [paragraph (e)](#e) of this section must comply with the requirements in this subpart applicable to a non-resolution Covered IHC 365 days (one year) after such identification or determination, unless such time period is extended by the Board in its discretion.

## Notes

### Source

Source: 82 FR 8311, Jan. 24, 2017, unless otherwise noted.

### Authority

Authority: 12 U.S.C. 321-338a, 481-486, 1467a, 1818, 1828, 1831n, 1831o, 1831p-1, 1831w, 1835, 1844(b), 1844(c), 3101 et seq., 3101 note, 3904, 3906-3909, 4808, 5361, 5362, 5365, 5366, 5367, 5368, 5371.

### Source

Source: 77 FR 62391, Oct. 12, 2012, unless otherwise noted.