Well Capitalized
(g) Well Capitalized(1) Insured depository institutions. An insured depository institution is well capitalized if it has and maintains at least the capital levels required to be well capitalized under the capital adequacy regulations or guidelines adopted by the institution's appropriate Federal banking agency under section 38 of the Federal Deposit Insurance Act (12 U.S.C. 1831o). (2) Uninsured depository institutions. A depository institution the deposits of which are not insured by the Federal Deposit Insurance Corporation is well capitalized if the institution has and maintains at least the capital levels required for an insured depository institution to be well capitalized.