FAS 166 and 167

Regulatory Capital Standards and FAS 166/167

On January 21, in a joint release, the FDIC, the Fed, the OCC, and the OTS announced the final risk-basked capital rule related to FAS 166 and 167. The rule is intended to better align risk-based capital requirements with the actual risks of certain exposures and provides an optional phase-in for four quarters of the impact on risk-weighted assets and tier 2 capital resulting from a banking organization’s implementation of FAS 166 and 167. The rule will take effect 60 days after its publication in the Federal Register. Banking organizations may elect to comply with the final rule as of the beginning of their first annual reporting period after November 15, 2009.  Joint Release.  Final Rule.

FDIC Final Rule on Regulatory Capital

On December 16, the FDIC finalized the regulatory capital rule related to FAS 166 and 167 which provides for: (i) an optional delay and phase-in for up to one year of the effect on risk-based capital and the allowance for lease and loan losses related to the assets that must be consolidated as a result of the accounting change and (ii) an elimination of the risk-based capital exemption for ABCP assets. FDIC Release.