12 CFR 563.141 - What is a capital distribution?
§ 563.141
What is a capital distribution?
A capital distribution is:
(a)
A distribution of cash or other property to your owners made on account of their ownership, but excludes:
(2)
If you are a mutual savings association, any payment that you are required to make under the terms of a deposit instrument and any other amount paid on deposits that the OTS determines is not a distribution for the purposes of this section;
(b)
Your payment to repurchase, redeem, retire or otherwise acquire any of your shares or other ownership interests, any payment to repurchase, redeem, retire, or otherwise acquire debt instruments included in your total capital under part 567 of this chapter, and any extension of credit to finance an affiliate's acquisition of your shares or interests;
(c)
Any direct or indirect payment of cash or other property to owners or affiliates made in connection with a corporate restructuring. This includes your payment of cash or property to shareholders of another association or to shareholders of its holding company to acquire ownership in that association, other than by a distribution of shares;
(d)
Any other distribution charged against your capital accounts if you would not be well capitalized, as set forth in § 565.4(b)(1) of this chapter, following the distribution; and
(e)
Any transaction that the OTS or the Corporation determines, by order or regulation, to be in substance a distribution of capital.
[64 FR 2809, Jan. 19, 1999, as amended at 72 FR 69438, Dec. 7, 2007]
Title 12 published on 2012-01-01
no entries appear in the Federal Register after this date.
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