Unsafe or unsound condition.

(1) Unsafe or unsound condition. The FDIC has determined, after notice and opportunity for hearing pursuant to 308.202(a) of this chapter, that the FDIC-supervised institution is in unsafe or unsound condition; or


12 CFR § 324.403

Scoping language

Capital measures.
(1) For purposes of section 38 of the FDI Act and this subpart H, the relevant capital measures are:
(i) Total Risk-Based Capital Measure: The total risk-based capital ratio;
(ii) Tier 1 Risk-Based Capital Measure: The tier 1 risk-based capital ratio;
(iii) Common Equity Tier 1 Capital Measure: The common equity tier 1 risk-based capital ratio; and
(iv) Leverage Measure:
(A) The leverage ratio; and
(B) With respect to an advanced approaches FDIC-supervised institutions, on January 1, 2018, and thereafter, the supplementary leverage ratio.
(2) For a qualifying community banking organization (as defined under § 324.12), that has elected to use the community bank leverage ratio framework (as defined under § 324.12), the leverage ratio calculated in accordance with § 324.12(b) is used to determine the well capitalized capital category under paragraph (b)(1)(i)(A) through (D) of this section.

Is this correct? or