12 C.F.R. § 702.101

Current through October 31, 2024
Section 702.101 - Capital measures, capital adequacy, effective date of classification, and notice to NCUA
(a)Capital measures. For purposes of this part, a credit union must determine its capital classification at the end of each calendar quarter using the following measures:
(1) The net worth ratio; and
(2) If determined to be applicable under § 702.103 , either the risk-based capital ratio under § 702.104(a) through (c) or the CCULR framework under § 702.104(d) .
(b)Capital adequacy.
(1) Notwithstanding the minimum requirements in this part, a credit union defined as complex must maintain capital commensurate with the level and nature of all risks to which the institution is exposed.
(2) A credit union defined as complex must have a process for assessing its overall capital adequacy in relation to its risk profile and a comprehensive written strategy for maintaining an appropriate level of capital.
(c)Effective date of capital classification. For purposes of this part, the effective date of a federally insured credit union's capital classification shall be the most recent to occur of:
(1)Quarter-end effective date. The last day of the calendar month following the end of the calendar quarter;
(2)Corrected capital classification. The date the credit union received subsequent written notice from NCUA or, if state-chartered, from the appropriate state official, of a decline in capital classification due to correction of an error or misstatement in the credit union's most recent Call Report; or
(3)Reclassification to lower category. The date the credit union received written notice from NCUA or, if state-chartered, the appropriate state official, of reclassification on safety and soundness grounds as provided under § 702.102(b) or § 702. 202(d).
(d)Notice to NCUA by filing Call Report.
(1) Other than by filing a Call Report, a federally insured credit union need not notify the NCUA Board of a change in its capital measures that places the credit union in a lower capital category;
(2) Failure to timely file a Call Report as required under this section in no way alters the effective date of a change in capital classification under paragraph (b) of this section, or the affected credit union's corresponding legal obligations under this part.

12 C.F.R. §702.101

80 FR 66706 , Oct. 29, 2015, as amended at 86 FR 72804 , Dec. 23, 2021
84 FR 68781 , 1/1/2022; 86 FR 72804 , 1/1/2022