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ftT'C hf /✓<? 8<c7o (ly ) October 30, 1979 Enclosed is a copy of the revised Supplement to Regulation D ("Reserves of Member Banks") of the Board of Governors of the Federal Reserve System reflecting the newly established 8 percent marginal reserve requirement on increases in "managed liabilities." Additional copies are available upon request. Circulars Division FEDERAL RESERVE BANK OF NEW YORK BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM RESERVES OF MEMBER BANKS SUPPLEMENT TO REGULATION D t As amended effective October 6, 1979 SECTION 204.5—RESERVE REQUIREMENTS (a) Reserve percentages. Pursuant to the provi sions of section 19 of the Federal Reserve Act, sec tion 7 of the International Banking Act of 1978 and § 204.2(a) and subject to paragraphs (b) through (f) of this section, the Board of Governors of the Federal Reserve System hereby prescribes the following re serve balances that each member bank of the Federal Reserve System is required to maintain on deposit with the Federal Reserve Bank of its district. (A) Time deposits of $100,000 or more; and (B) Time deposits of $100,000 or more repre sented by promissory notes, acknowledge ments of advance, due bills, or similar obliga tions as provided in § 204.1(f); and (C) Time deposits represented by ineligible bankers’ acceptances or obligations issued by a member bank’s affiliate, as provided in § 204.1(f). (1) If not a reserve city— (i) 3 per cent of (A) its savings deposits and (B) its time deposits, open accounts that constitute deposits of individuals, such as Christmas club accounts and vacation club accounts, that are made under written contracts providing that no withdrawal shall be made until a certain number of periodic deposits have been made during a period of not less than 3 months; and(i) (ii) 1 per cent of its time deposits outstanding on or issued after October 16, 1975, that have an initial maturity of 4 years or more; 2Vi per cent of its time deposits outstanding on or issued after December 25, 1975, that have an initial maturity of 180 days or more but less than 4 years; 3 per cent of its time deposits up to $5 million, outstanding on or issued after October 16, 1975, that have an initial maturity of less than 180 days, plus 6 per cent of such deposits in excess of $5 million: Provided, however. That in no event shall the reserves required on its aggregate amount of time and savings deposits be less than 3 per cent. In addition, a member bank shall maintain a reserve balance equal to 2 per cent of its time deposits of the following types: However, the supplementary 2 per cent reserve re quirement shall not apply to a savings deposit, or a time deposit, open account that constitutes deposits of individuals, such as Christmas club accounts and va cation club accounts, that are made under written contracts providing that no withdrawal shall be made until a certain number of periodic deposits have been made during a period of not less than 3 months. (iii) (a) 7 per cent of its net demand deposits if its aggregate net demand deposits are $2 million or less, (b) $140,000 plus 9l/ i per cent of its net demand deposits in excess of $2 million if its aggregate net demand deposits are in excess of $2 million but not more than $10 million, (c) $900,000 plus l \ 3A per cent of its net demand deposits in excess of $10 mil lion if its aggregate net demand deposits are in excess of $10 million but not more than $100 million, or (d) $11,475,000 plus 12% per cent of its net demand deposits in excess of $100 million. (2) If in a reserve city (except as to any bank located in such a city that is permitted by the Board of Governors of the Federal Reserve System, pursuant t For this Regulation to be complete retain: 1) Printed Regulation pamphlet dated July 6, 1978. 2) This Supplement. OCTOBER 1979 to § 204.2(a) (2), to maintain the reserves specified in paragraph (a) (1) of this section)— (i) 3 per cent of (A) its savings deposits and (B) its time deposits, open account, that constitute deposits of individuals, such as Christmas club accounts and vacation club accounts, that are made under written contracts providing that no withdrawal shall be made until a certain number of periodic deposits have been made during a period of not less than 3 months; and (ii) 1 per cent of its time deposits outstanding on or issued after October 16, 1975, that have an initial maturity of 4 years or more; 2Vz per cent of its time deposits outstanding on or issued after December 25, 1975, that have an initial maturity of 180 days or more but less than 4 years; 3 per cent of its time deposits up to $5 million, outstanding on or issued after October 16, 1975, that have an initial maturity of less than 180 days plus 6 per cent of such deposits in excess of $5 million: Provided, however, That in no event shall the reserve required on its aggregate amount of time and savings deposits be less than 3 per cent. In addition, a member bank shall maintain a reserve balance equal to 2 per cent of its time deposits of the following types: (A) Time deposits of $100,000 or more; and (B) Time deposits of $100,000 or more repre sented by promissory notes, acknowledge ments of advance, due bills, or similar obliga tions as provided in § 204.1(f); and (C) Time deposits represented by ineligible bankers’ acceptance or obligations issued by a member bank’s affiliate, as provided in § 204.1(f). However, the supplementary 2 per cent reserve re quirement shall not apply to a savings deposit, or time deposit, open account that constitutes deposits of in dividuals, such as Christmas club accounts and vaca tion club accounts, that are made under written con tracts providing that no withdrawal shall be made until a certain number of periodic deposits have been made during a period of not less than 3 months. (iii) $49,725,000 plus 16‘/4 per cent of its net de mand deposits in excess of $400 million. (b) Currency and coin. The United States cur rency and coin of a member bank or a United States branch or agency of a foreign bank shall be counted as reserves in determining compliance with the re serve requirements of this section. (c) Reserve percentages against certain deposits by foreign banking offices. Deposits represented by promissory notes, acknowledgements of advance, due bills, or similar obligations described in § 204.1 (f) to foreign offices of other banks," or to institu tions the time deposits of which are exempt from the rate limitations of Regulation Q pursuant to § 217.3(g) thereof, shall not be subject to paragraph (a) of this section or to § 204.3 (a)(1) and (2); but during each week of the four-week period beginning May 22, 1975, and during each successive four-week (“ maintenance” ) period, a member bank shall main tain with the Reserve Bank of its district a daily aver age balance equal to zero per cent of the daily average amount of such deposits during the four-week compu tation period ending on the Wednesday fifteen days before the beginning of the maintenance period. An excess or deficiency in reserves in any week of a maintenance period under this paragraph shall be sub ject to § 204.3 (a)(3), as if computed under § 204.3(a)(2), and deficiencies under this paragraph shall be subject to § 204.3(b).12 (d) Foreign branch transactions with parent bank. During each week of the four-week period be ginning May 22, 1975, and during each week of each successive four-week (“ maintenance” ) period, a member bank having one or more foreign branches shall maintain with the Reserve Bank of its district, as a reserve against its foreign branch deposits, a daily average balance equal to zero per cent of the daily average total of— (i) net balances due from its domestic offices such branches, and (ii) assets (including participations) held by such branches which were acquired from its domestic of fices (other than assets representing credit extended to persons not residents of the United States), during the four-week computation period ending on the Wednes day fifteen days before the beginning of the mainte nance period. (e) Foreign branch credit extended to United States residents. During each week of the four-week period beginning May 22, 1975, and during each week of each successive four-week maintenance pe riod, a member bank having one or more foreign branches shall maintain with the Reserve Bank of its district, as a reserve against its foreign branch de posits, a daily average balance, equal to zero per cent " Any banking office located outside the States of the United States and the District of Columbia of a bank or ganized under domestic or foreign law. 12 The term “ computation period” in § 204.3(a)(3) and (b) shall, for this purpose, be deemed to refer to each week of a maintenance period under this paragraph. of the daily average credit outstanding from such branches to United States residents13(other than assets acquired and net balances due from its domestic of fices) during the four-week computation period end ing on the Wednesday fifteen days before the begin ning of the maintenance period: Provided, That this paragraph does not apply to credit extended (1) in the aggregate amount of $100,000 or less to any United States resident, (2) by a foreign branch which at no time during the computation period had credit out standing to United States residents exceeding $1 mil lion, (3) to enable the borrower to comply with the requirements of the Office of Foreign Direct Invest ments, Department of Commerce,14(4) under binding commitments entered into before May 17, 1973, or (5) to an institution that will be maintaining reserves on such credit under subsection (c) of this section or § 211.3(g) of Regulation K. (i) (A) time deposits of $100,000 or more with original maturities of less than one year; (B) time deposits of $100,000 or more with origi nal maturities of less than one year representing bor rowings in the form of promissory notes, acknowl edgements of advance, due bills, or similar obliga tions as provided in § 204.1(f); and (f) Marginal Reserve Requirements. (1) Mem ber banks. During the seven-day reserve mainte nance period beginning October 25, 1979, and dur ing each seven-day reserve maintenance period thereafter, a member bank shall maintain a daily average reserve balance against its time deposits equal to 8 per cent of the amount by which the daily average of its total managed liabilities during the seven-day computation period ending eight days prior to the beginning of the corresponding sevenday reserve maintenance period exceeds the mem ber bank’s managed liabilities base. For a member bank that, on a daily average basis, is a net bor rower of total managed liabilities during the fourteen-day base period ending September 26, 1979, its managed liabilities base shall be the daily aver age of its total managed liabilities during the base period or $100 million, whichever is greater. For a member bank that, on a daily average basis, is a net lender of total managed liabilities during the fourteen-day base period ending September 26, 1979, its managed liabilities base shall be the sum of its negative total managed liabilities and $100 million. A member bank’s managed liabilities are the total of the following: 13(a) Any individual residing (at the time the credit is extended) in any State of the United States or the District of Columbia; (b) any corporation, partnership, association or other entity organized therein of any other entity wherever organized. Credit extended to a foreign branch, office, sub sidiary, affiliate or other foreign establishment (“ foreign affiliate’’) controlled by one or more such domestic corpora tions will not be deemed to be credit extended to a United States resident if the proceeds will be used in its foreign business or that of other foreign affiliates of the controlling domestic corporation(s). 14 The branch may in good faith rely on the borrower’s certification that the funds will be so used. (C) time deposits with remaining maturities of less than one year represented by ineligible bankers’ ac ceptances or obligations issued by a member bank’s affiliate, as provided in § 204.1(f). However, managed liabilities do not include savings deposits, or time deposits, open account that constitute deposits of individuals, such as Christmas club accounts and vacation club accounts that are made under written contracts providing that no withdrawal shall be made until a certain number of periodic deposits have been made during a period of not less than 3 months; (ii) any obligation with an original maturity of less than one year that is issued or undertaken as a means of obtaining funds to be used in its banking business in the form of a promissory note, acknowledgement of advance, due bill, ineligible bankers’ acceptance, repurchase agreement (except on a U.S. or agency security), or similar obligation (written or oral) issued to and held for the account of a domestic banking office or agency15of another commercial bank or trust company that is not required to maintain reserves pur suant to this Part, a savings bank (mutual or stock), a building or savings and loan association, a coopera tive bank, a credit union, or an agency of the United States, the Export-Import Bank of the United States, Minbanc Capital Corporation and the Government Development Bank for Puerto Rico; (iii) any obligation with an original maturity of less than one year that is issued or undertaken as a means of obtaining funds to be used in its banking business in the form of a repurchase agreement aris ing from a transfer of direct obligations of, or obliga tions that are fully guaranteed as to principal and interest by, the United States or any agency thereof that the institution is obligated to repurchase (except repurchase agreements issued to a domestic banking office or agency of a member bank, or other organiza tion that is required to maintain reserves under this 15 Any banking office or agency in any State of the United States or the District of Columbia of a bank or ganized under domestic or foreign law. 3 be maintaining reserves on such credit under para graphs (c) or (f) of this section or under Regulation K. Part pursuant to the Federal Reserve A ct,16 or to a Federal Reserve Bank17) to the extent that the amount of such repurchase agreements exceeds the total amount of United States and agency securities held by the member bank in its trading account; Provided, however, That in no event shall the re serves required on a member bank’s aggregate time and savings deposits be more than 10 per cent. (iv) any obligation that arises from a borrowing by a member bank from a dealer in securities that is not a member bank or other organization that is required to maintain reserves pursuant to this Part,16for one busi ness day, of proceeds of a transfer of deposit credit in a Federal Reserve Bank (or other immediately availa ble funds), received by such dealer on the date of the loan in connection with clearance of securities trans actions; (2) United States branches and agencies offoreign banks. During the seven-day reserve maintenance pe riod beginning November 8, 1979, a United States branch or agency of a foreign bank with worldwide banking assets in excess of $1 billion shall maintain a daily average reserve balance against its liabilities equal to 8 per cent of the amount by which the daily average of its total managed liabilities during the three seven-day computation periods beginning Octo ber 11, 18 and 25, 1979, exceeds the total of the institution’s managed liabilities base. During the seven-day reserve maintenance period beginning No vember 15, 1979, and during each seven-day reserve maintenance period thereafter, a United States branch or agency of a foreign bank with worldwide banking assets in excess of $1 billion shall maintain a daily average reserve balance against its liabilities equal to 8 per cent of the amount by which the daily average of its total managed liabilities during the seven-day computation period ending eight days prior to the beginning of the corresponding seven-day reserve maintenance period exceeds the institution’s managed liabilities base. In determining managed liabilities of United States branches and agencies, the managed liabilities of all United States branches and agencies of the same foreign parent bank and of its majorityowned (greater than 50 per cent) foreign banking sub sidiaries (the “ family” ) shall be consolidated. Asset and liability amounts that represent intra- family trans actions between United States branches and agencies of the same family shall not be included in computing the managed liabilities of the family. United States branches and agencies of the same family shall desig nate one U.S. office to be the reporting office for purposes of filing consolidated family reports re quired for determination of the family’s marginal re serve requirements. The reporting office shall file re ports and maintain marginal reserves required under this section for the family at the Federal Reserve Bank of the district in which the reporting office is located. For a family of United States branches and agencies that, on a daily average basis, is a net bor rower of total managed liabilities during the fourteenday base period ending September 26, 1979, the managed liabilities base for the family shall be the daily average of the family’s total managed liabilities during the base period or $100 million, whichever is greater. For a family of United States branches and (v) borrowings with an original maturity of less than one year from foreign offices of other banks and from institutions that are exempt from interest rate limitations pursuant to § 217.3(g) of Regulation Q; (vi) net balances due from the member bank’s do mestic offices to its foreign branches; (vii) assets (including participations) held by the member bank’s foreign branches that were acquired from the member bank’s domestic offices; and (viii) credit outstanding from its foreign branches to U.S. residents18 (other than assets acquired and net balances due from its domestic offices). Provided, That this paragraph does not apply to credit extended (1) in the aggregate amount of $100,000 or less to any United States resident, (2) by a foreign branch which at no time during the computation period had credit outstanding to United States residents exceeding $1 million, (3) under binding commitments entered into before May 17, 1973, or (4) to an institution that will 16 Edge Corporations engaged in banking, Agreement Corporations, operations subsidiaries of member banks, and U.S. branches and agencies of foreign banks with world wide banking assets in excess of $1 billion. 17 Repurchase agreements entered into with nonexempt entities, such as nonmember banks and nonbank dealers, are not subject to marginal reserve requirements if such agree ments are intended to provide collateral to such nonexempt entities in order to engage in repurchase transactions with the Federal Reserve System Open Market Account. 18(a) Any individual residing (at the time the credit is extended) in any State of the United States or the District of Columbia; (b) any corporation, partnership, association or other entity organized therein (“ domestic corporation’’); and (c) any branch or office located therein of any other entity wherever organized. Credit extended to a foreign branch, office, subsidiary, affiliate or other foreign estab lishment (“ foreign affiliate” ) controlled by one or more such domestic corporations will not be deemed to be credit extended to a United States resident if the proceeds will be used in its foreign business or that of other foreign affiliates of the controlling domestic corporation(s). 4 agencies that, on a daily average basis, is a net lender of total managed liabilities during the fourteen-day base period ending September 26, 1979, the managed liabilities base for the family shall be the sum of the family’s negative total managed liabilities and $100 million. The total managed liabilities of a family are the total of each branch’s and agency’s: office or agency of a member bank, or other organiza tion that is required to maintain reserves under this Part pursuant to the Federal Reserve Act,16 or to a Federal Reserve Bank17) to the extent that the amount of such repurchase agreements exceeds the total amount of United States and agency securities held by the institution in its trading account; (i) (A) time deposits of $100,000 or more with (iv) any obligation that arises from a borrowing original maturities of less than one year; from a dealer in securities that is not a member bank or other organization that is required to maintain re (B) time deposits of $100,000 or more with origi serves pursuant to this Part,16for one business day, of nal maturities of less than one year representing bor proceeds of a transfer of deposit credit in a Federal rowings in the form of promissory notes, acknowl Reserve Bank (or other immediately available funds), edgements of advance, due bills, or similar obliga received by such dealer on the date of the loan in tions as provided in § 204.1(f); connection with clearance of securities transactions; (C) obligations with remaining maturities of less than one year represented by ineligible bankers’ acceptances. (v) borrowings with an original maturity of less than one year from foreign offices of other banks and from institutions that are exempt from interest rate limitations pursuant to § 217.3(g) of Regulation Q; (D) credit balances of $100,000 or more with an original maturity of 30 days or more but less than one year. However, managed liabilities do not include savings deposits, or time deposits, open account that constitute deposits of individuals, such as Christmas club accounts and vacation club accounts that are made under written contracts providing that no with drawal shall be made until a certain number of peri odic deposits have been made during a period of not less than 3 months; (vi) assets (including participations) held by the foreign parent bank (including branches and agencies located outside the States of the United States and the District of Columbia) and by the foreign parent’s ma jority-owned (greater than 50 per cent) foreign subsi diaries (including branches and agencies located out side the States of the United States and the District of Columbia) or parent holding company that were ac quired from the U.S. branch or agency (other than assets required to be sold by the Federal supervisory authority of the branch or agency); and (ii) any obligation with an original maturity of less than one year that is issued or undertaken as a means of obtaining funds to be used in its banking business in the form of a promissory note, acknowledgement of advance, due bill, ineligible bankers’ acceptance, repurchase agreement (except on a U.S. or agency security), or similar obligation (written or oral) issued to and held for the account of a domestic banking office or agency15of another commercial bank or trust company that is not required to maintain reserves pur suant to this Part, a savings bank (mutual or stock), a building or savings and loan association, a coopera tive bank, a credit union, or an agency of the United States, the Export-Import Bank of the United States, Minbanc Capital Corporation and the Government Development Bank for Puerto Rico; (vii) net balances due to the family’s foreign par ent bank (including branches and agencies located outside the States of the United States and the District of Columbia) and to the foreign parent’s majorityowned (greater than 50 per cent) foreign banking sub sidiaries (including branches and agencies located outside the States of the United States and the District of Columbia) or parent holding company, after de ducting an amount equal to 8 per cent of the U.S. branch and agency family’s total assets (not including cash, cash items in the process of collection, or bal ances due from the foreign parent bank (including branches and agencies located outside the States of the United States and the District of Columbia), the parent’s majority-owned (greater than 50 per cent) subsidiaries (including branches and agencies located outside the States of the United States and the District of Columbia) or parent holding company, and bal ances due from unrelated banks). (iii) any obligation with an original maturity of less than one year that is issued or undertaken as a means of obtaining funds to be used in its banking business in the form of a repurchase agreement aris ing from a transfer of direct obligations of, or obliga tions that are fully guaranteed as to principal and interest by, the United States or any agency thereof that the institution is obligated to repurchase (except repurchase agreements issued to a domestic banking Any excess or deficient in the marginal reserve bal ances required under this paragraph shall be subject to § 204.3 of this Part. 5