§ 238.142 Applicability.

(a) Scope—(1) Applicability. Except as provided in paragraphs (a)(3) and (b) of this section, this subpart applies to any covered company, which includes: (i) Any Category II savings and loan holding company; (ii) Any Category III savings and loan holding company; and (iii) Any savings and loan holding company with average total consolidated assets of greater than $250 billion. (2) Ongoing applicability. A savings and loan holding company (including any successor company) that is subject to any requirement in this subpart shall remain subject to any such requirement unless and until the savings and loan holding company: (i) Is not a Category II savings and loan holding company; (ii) Is not a Category III savings and loan holding company; and (iii) Has $250 billion or less in total consolidated assets in each of four consecutive calendar quarters. (3) Insurance savings and loan holding companies. Notwithstanding any other provision of this paragraph (a), this subpart does not apply to a covered company that is subject to part 217, subpart J, of this chapter. (b) Transitional arrangements. (1) A savings and loan holding company that is subject to minimum capital requirements and that becomes a covered company on or before September 30 of a calendar year must comply with the requirements of this subpart beginning on January 1 of the second calendar year after the savings and loan holding company becomes a covered company, unless that time is extended by the Board in writing. (2) A savings and loan holding company that is subject to minimum capital requirements and that becomes a covered company after September 30 of a calendar year must comply with the requirements of this subpart beginning on January 1 of the third calendar year after the savings and loan holding company becomes a covered company, unless that time is extended by the Board in writing.