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FEDERAL RESERVE BANK OF NEW YORK Circular No. 9124 August 6, 1981 A M E N D M E N T TO REG ULATIO N K Capital R equirem ents of E d ge Corporations To All Member Banks, Edge and Agreement Corporations, and Bank Holding Companies in the Second Federal Reserve District, and Others Concerned: The Board of Governors of the Federal Reserve System has amended its Regulation K, “International Banking Operations,” in order to perm it the inclusion of certain subordinated notes and debentures in the determination of capital adequacy of Edge Corporations. Enclosed is a copy of the amendment. Questions regarding this m atter may be directed to our Foreign Banking Applications Department (Tel. No. 212-791-5878 or 5881). A nthony M. S olomon, President. B oard of G overnors of the F ed eral R eserve System IN T E R N A T IO N A L BA N K IN G O PERA TIO N S AMENDMENT TO REGULATION K (effective J u ly 29, 1981) Capital Requirements of Edge Corporations AGENCY: Board of ACTION: Final rule. SUMMARY: The C.F.R. § within the Board 211.6(d)) determining of section 50 of EFFECTIVE FOR Radish, of the of Federal persons of its "Capital and and capital In order capital may also or means purposes. to the [Enc. Cir. No. 9124] of R. the For (1 2 purpose purposes amount as to defined Dahl, Regulation Washington, in its D. 211.6(d) in an no in an the of amount more section paid-in and but that is In K Michael less 7 the Edge relation Edge nonaffiliated per provides capital an in an from than K include imposes adequate addition, Regulation not or Governors section, States unimpaired does Director, 20551. that not of Regulation United of Board C. activities. in Associate (202/452-2726); Under amount 211.2(b) profits however, of provide Such the as liabilities the has liabilities as banks capital D with and not (12 Regulation Corporations Board member must Regulation Board's Edge such permits liabilities Board's requirements, include for K debentures and cent that, surplus, proceeds of debentures." Board, 217.1(f) and 211.2(b)). Corporations. capital subordinated of could (202/452-3428), deposits Section surplus notes 204.2(a)(1) section accepts Regulation notes solely surplus Frederick Section Edge character undivided The adequacy System, capitalized maintain and long-term be and § and Division on assets. includes CONTACT: Legal of Corporations. debentures C.F.R. System. 1981. INFORMATION: that must risk 29, Reserve must scope Corporation (12 surplus" capital Supervision requirements Corporation K 211.6(d) Edge and Reserve subordinated and of notes total INFORMATION Attorney, capital the July section "capital such Federal certain adequacy the Banking SUPPLEMENTARY to of the amended of Regulation DATE: FURTHER Division cent of include capital 211.6(d), per 211.2(b) has to definition of than Governors be to (12 more determined capital § § under section Edge surplus or 217.1(f)). flexibility and capital 204.2(a)(1)), C.F.R. that certain for "deposits" C.F.R. Q include surplus to meet Corporations for capital (OVER) L. adequacy purposes. importance tions; an as The such capital non-debt to capital an Edge of the like and mined that the § with should as respect 553 of interest, notes, however, will and to the that action this an Comments determining on that the definition the adequacy used with of bank 25(a) to the Effective is amended as banks' Edge action of is taken 211.6— 29, 1981, LENDING (d) character per or as in cent in of be of a the United Edge of 5 in Board Institutions Any for of bank including banks 1981. also the definition the deter U.S.C. The Financial Board Corpora has that, agencies, 31, the (12 they the supervise. change in determining affect Board's U.S.C. 211 AND * an for that of 12 CAPITAL * is activities. its capital assets. in member consolidated funds Part LIMITS * amount its risk included for an banking, debentures, may a in to Act the definition authority §§ under 611-631). C.F.R. Chapter II For amount this not determining bank; basis risk other States, than United the exceed shall cash, States of an Edge be not subordinated 50 per cent adequacy be Corporation relation shall purpose, to Edge in case surplus capital assets An adequate In and REQUIREMENTS * Capitalization. capitalized and and in the would pursuant Reserve * engaged capital by on Board provisions broadened August approval Corporations. Federal July by adopted section immediately. capital con amount follows: § be due of be the liability the the Federal a to restriction unnecessary the not of debt the Corpora capital. regulatory adequacy are a effective bank capital member respect This section the proposal of are comment Federal bank participation be will cent without operations, far of in member stress Edge pursuant capital 1981, proposed Board, as 17, the per subordinated June Council use no removes action capital 50 to for liabilities exceed efficient should Examination for D, of public rule debt qualify more continue capital Furthermore, treatment this will non-debt they surplus. permit notice public extent Regulation the Inasmuch tions of subordinated Corporation Board, however, level the and 2 0 4 . 2 ( a ) ( 1 ) (vii)(C) of Board, adequate therefore, sidered of of in deemed amounts due Government to of the be from to shall the By order effective of July the 29, Board of Governors of less than capital all 7 notes non-debt same capital, manner assets banking securities, the all Corporation and Federal Federal Reserve 1981. William W. Wiles Secretary of the Board on institutions sold. System, at scope times