12 CFR 565.3 - Notice of capital category.
(a) Effective date of determination of capital category. A savings association shall be deemed to be within a given capital category for purposes of section 38 of the FDI Act and this part as of the date the savings association is notified of, or is deemed to have notice of, its capital category, pursuant to paragraph (b) of this section.
(b) Notice of capital category. A savings association shall be deemed to have been notified of its capital levels and its capital category as of the most recent date:
(1) A Thrift Financial Report (TFR) is required to be filed with the OTS;
(2) A final report of examination is delivered to the savings association; or
(3) Written notice is provided by the OTS to the savings association of its capital category for purposes of section 38 of the FDI Act and this part or that the savings association's capital category has changed as provided in paragraph (c) of this section or § 565.4(c).
(c) Adjustments to reported capital levels and category -
(1) Notice of adjustment by savings association. A savings association shall provide the OTS with written notice that an adjustment to the savings association'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 savings association to be placed in a lower capital category from the category assigned to the savings association for purposes of section 38 and this part on the basis of the savings association's most recent TFR or report of examination.
(2) Determination by the OTS to change capital category. After receiving notice pursuant to paragraph (c)(1) of this section, the OTS shall determine whether to change the capital category of the savings association and shall notify the savings association of the OTS's determination.