§ 249.109 Rules for consolidation.

(a) Consolidated subsidiary available stable funding amount. For available stable funding of a legal entity that is a consolidated subsidiary of a Board-regulated institution, including a consolidated subsidiary organized under the laws of a foreign jurisdiction, the Board-regulated institution may include the available stable funding of the consolidated subsidiary in its ASF amount up to: (1) The RSF amount of the consolidated subsidiary, as calculated by the Board-regulated institution for the Board-regulated institution's net stable funding ratio under this part; plus (2) Any amount in excess of the RSF amount of the consolidated subsidiary, as calculated by the Board-regulated institution for the Board-regulated institution's net stable funding ratio under this part, to the extent the consolidated subsidiary may transfer assets to the top-tier Board-regulated institution, taking into account statutory, regulatory, contractual, or supervisory restrictions, such as sections 23A and 23B of the Federal Reserve Act (12 U.S.C. 371c and 12 U.S.C. 371c-1) and Regulation W (12 CFR part 223). (b) Required consolidation procedures. To the extent a Board-regulated institution includes an ASF amount in excess of the RSF amount of the consolidated subsidiary, the Board-regulated institution must implement and maintain written procedures to identify and monitor applicable statutory, regulatory, contractual, supervisory, or other restrictions on transferring assets from any of its consolidated subsidiaries. These procedures must document which types of transactions the Board-regulated institution could use to transfer assets from a consolidated subsidiary to the Board-regulated institution and how these types of transactions comply with applicable statutory, regulatory, contractual, supervisory, or other restrictions.