---
kind: "section"
citation: "12 C.F.R. § 324.402"
title: "12"
number: "324.402"
heading: "Notice of capital category."
url: "https://uscodex.org/cfr/12/324.402"
---

# §324.402. Notice of capital category.

- (a) **Effective date of determination of capital category.** An FDIC-supervised institution shall be deemed to be within a given capital category for purposes of section 38 of the FDI Act and this subpart H as of the date the FDIC-supervised institution is notified of, or is deemed to have notice of, its capital category, pursuant to [paragraph (b)](#b) of this section.
- (b) **Notice of capital category.** An FDIC-supervised institution shall be deemed to have been notified of its capital levels and its capital category as of the most recent date:
  - (1) A Call Report is required to be filed with the FDIC;
  - (2) A final report of examination is delivered to the FDIC-supervised institution; or
  - (3) Written notice is provided by the FDIC to the FDIC-supervised institution of its capital category for purposes of section 38 of the FDI Act and this subpart or that the FDIC-supervised institution's capital category has changed as provided in [§ 324.403(d)](/cfr/12/324.403.md?p=d).
- (c) **Adjustments to reported capital levels and capital category—**
  - (1) **Notice of adjustment by bank or state savings association.** An FDIC-supervised institution shall provide the appropriate FDIC regional director with written notice that an adjustment to the FDIC-supervised institution's capital category may have occurred no later than 15 calendar days following the date that any material event has occurred that would cause the FDIC-supervised institution to be placed in a lower capital category from the category assigned to the FDIC-supervised institution for purposes of section 38 of the FDI Act and this subpart H on the basis of the FDIC-supervised institution's most recent Call Report or report of examination.
  - (2) **Determination by the FDIC to change capital category.** After receiving notice pursuant to [paragraph (c)(1)](#c-1) of this section, the FDIC shall determine whether to change the capital category of the FDIC-supervised institution and shall notify the bank or state savings association of the FDIC's determination.

## Notes

### Authority

Authority: 12 U.S.C. 1815(a), 1815(b), 1816, 1818(a), 1818(b), 1818(c), 1818(t), 1819(Tenth), 1828(c), 1828(d), 1828(i), 1828(n), 1828(o), 1831o, 1835, 3907, 3909, 4808; 5371; 5412; Pub. L. 102-233, 105 Stat. 1761, 1789, 1790 (12 U.S.C. 1831n note); Pub. L. 102-242, 105 Stat. 2236, 2355, as amended by Pub. L. 103-325, 108 Stat. 2160, 2233 (12 U.S.C. 1828 note); Pub. L. 102-242, 105 Stat. 2236, 2386, as amended by Pub. L. 102-550, 106 Stat. 3672, 4089 (12 U.S.C. 1828 note); Pub. L. 111-203, 124 Stat. 1376, 1887 (15 U.S.C. 78o-7 note), Pub. L. 115-174; section 4014 § 201, Pub. L. 116-136, 134 Stat. 281 (15 U.S.C. 9052).

### Source

Source: 78 FR 55471, Sept. 10, 2013, unless otherwise noted.