12 CFR 702.201 - Prompt corrective action for “adequately capitalized” credit unions.

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§ 702.201 Prompt corrective action for “adequately capitalized” credit unions.

(a)Earnings retention. Beginning the effective date of classification as “adequately capitalized” or lower, a federally-insured credit union must increase the dollar amount of its net worth quarterly either in the current quarter, or on average over the current and three preceding quarters, by an amount equivalent to at least 1/10th percent (0.1%) of its total assets, and must quarterly transfer that amount (or more by choice) from undivided earnings to its regular reserve account until it is “well capitalized.”

(b)Decrease in retention. Upon written application received no later than 14 days before the quarter end, the NCUA Board, on a case-by-case basis, may permit a credit union to increase the dollar amount of its net worth and quarterly transfer an amount that is less than the amount required under paragraph (a) of this section, to the extent the NCUA Board determines that such lesser amount -

(1) Is necessary to avoid a significant redemption of shares; and

(2) Would further the purpose of this part.

(c)Decrease by FISCU. The NCUA Board shall consult and seek to work cooperatively with the appropriate State official before permitting a federally-insured State-chartered credit union to decrease its earnings retention under paragraph (b) of this section.

(d)Periodic review. A decision under paragraph (b) of this section to permit a credit union to decrease its earnings retention is subject to quarterly review and revocation except when the credit union is operating under an approved net worth restoration plan that provides for decreasing its earnings retention as provided under paragraph (b).

[ 67 FR 71091, Nov. 29, 2002]

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United States Code
U.S. Code: Title 12 - BANKS AND BANKING

Title 12 published on 11-May-2018 11:44

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 12 CFR Part 702 after this date.

  • 2018-04-25; vol. 83 # 80 - Wednesday, April 25, 2018
    1. 83 FR 17901 - Capital Planning and Supervisory Stress Testing
      GPO FDSys XML | Text
      Final rule.
      This final rule is effectiveJune 1, 2018.
      12 CFR Part 702