§252.5. Categorization of banking organizations.
12 C.F.R. § 252.5
General.
A U.S. bank holding company with average total consolidated assets of $100 billion or more must determine its category among the four categories described in paragraphs (b) through (e) of this section at least quarterly.
A U.S. intermediate holding company with average total consolidated assets of $100 billion or more must determine its category among the three categories described in paragraphs (c) through (e) of this section at least quarterly.
A foreign banking organization with average total consolidated assets of $100 billion or more and average combined U.S. assets of $100 billion or more must determine its category among the three categories described in paragraphs (c) through (e) of this section at least quarterly.
Global systemically important BHC. A banking organization is a global systemically important BHC if it is identified as a global systemically important BHC pursuant to 12 CFR 217.402.
Category II.
A banking organization is a Category II banking organization if the banking organization—
Has—
(1) For a U.S. bank holding company or a U.S. intermediate holding company, $700 billion or more in average total consolidated assets;
(2) For a foreign banking organization, $700 billion or more in average combined U.S. assets; or
(1) $75 billion or more in average cross-jurisdictional activity; and
(2)(i) For a U.S. bank holding company or a U.S. intermediate holding company, $100 billion or more in average total consolidated assets; or
(ii) For a foreign banking organization, $100 billion or more in average combined U.S. assets; and
Is not a global systemically important BHC.
After meeting the criteria in paragraph (c)(1) of this section, a banking organization continues to be a Category II banking organization until the banking organization:
Has—
(1) For a U.S. bank holding company or a U.S. intermediate holding company, less than $700 billion in total consolidated assets for each of the four most recent calendar quarters; or
(2) For a foreign banking organization, less than $700 billion in combined U.S. 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;
Has—
For a U.S. bank holding company or a U.S. intermediate holding company, less than $100 billion in total consolidated assets for each of the four most recent calendar quarters;
For a foreign banking organization, less than $100 billion in combined U.S. assets for each of the four most recent calendar quarters; or
Meets the criteria in paragraph (b) to be a global systemically important BHC.
Category III.
A banking organization is a Category III banking organization if the banking organization—
Has—
(1) For a U.S. bank holding company or a U.S. intermediate holding company, $250 billion or more in average total consolidated assets; or
(2) For a foreign banking organization, $250 billion or more in average combined U.S. assets; or
(1)(i) For a U.S. bank holding company or a U.S. intermediate holding company, $100 billion or more in average total consolidated assets; or
(ii) For a foreign banking organization, $100 billion or more in average combined U.S. assets; and
(2) At least:
(i) $75 billion in average total nonbank assets;
(ii) $75 billion in average weighted short-term wholesale funding; or
(iii) $75 billion in average off-balance sheet exposure;
Is not a global systemically important BHC; and
Is not a Category II banking organization.
After meeting the criteria in paragraph (d)(1) of this section, a banking organization continues to be a Category III banking organization until the banking organization:
Has—
(1) For a U.S. bank holding company or a U.S. intermediate holding company, less than $250 billion in total consolidated assets for each of the four most recent calendar quarters; or
(2) For a foreign banking organization, less than $250 billion in combined U.S. 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—
For a U.S. bank holding company or a U.S. intermediate holding company, less than $100 billion in total consolidated assets for each of the four most recent calendar quarters; or
For a foreign banking organization, less than $100 billion in combined U.S. assets for each of the four most recent calendar quarters;
Meets the criteria in paragraph (b) of this section to be a global systemically important BHC; or
Meets the criteria in paragraph (c)(1) of this section to be a Category II banking organization.
Category IV.
A banking organization is a Category IV banking organization if the banking organization—
Is not global systemically important BHC;
Is not a Category II banking organization;
Is not a Category III banking organization; and
Has—
For a U.S. bank holding company or a U.S. intermediate holding company, average total consolidated assets of $100 billion or more; or
For a foreign banking organization, average combined U.S. assets of $100 billion or more.
After meeting the criteria in paragraph (e)(1), a banking organization continues to be a Category IV banking organization until the banking organization:
Has—
For a U.S. bank holding company or a U.S. intermediate holding company, less than $100 billion in total consolidated assets for each of the four most recent calendar quarters;
For a foreign banking organization, less than $100 billion in combined U.S. assets for each of the four most recent calendar quarters;
Meets the criteria in paragraph (b) of this section to be a global systemically important BHC;
Meets the criteria in paragraph (c)(1) of this section to be a Category II banking organization; or
Meets the criteria in paragraph (d)(1) of this section to be a Category III banking organization.
Notes, amendments, and revision history
Amendments
[84 FR 59099, Nov. 1, 2019]
Source
Source: Reg. YY, 79 FR 17315, Mar. 27, 2014, 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.
Amendments
[84 FR 59099, Nov. 1, 2019]