Capital and surplus
Capital and surplus means, unless otherwise provided in this part:
(1) For organizations subject to the capital rule:
(i) Tier 1 and tier 2 capital included in an organization's risk-based capital (under the capital rule); and
(ii) The balance of allowance for loan and lease losses or adjusted allowance for credit losses, as applicable, not included in an organization's tier 2 capital for calculation of risk-based capital, based on the organization's most recent consolidated Report of Condition and Income.
(iii) For qualifying community banking organizations (as defined in § 217.12 of this chapter) that are subject to the community bank leverage ratio framework (as defined in § 217.12 of this chapter), tier 1 capital (as defined in § 217.2 of this chapter and calculated in accordance with § 217.12(b) of this chapter) plus allowances for loan and lease losses or adjusted allowance for credit losses, as applicable.
(2) For all other organizations, paid-in and unimpaired capital and surplus, and includes undivided profits but does not include the proceeds of capital notes or debentures.
Source
12 CFR § 211.2
Scoping language
Unless otherwise specified, for purposes of this subpart: