12 CFR 329.102
§ 329.102 Rules of construction.
United States · 12 CFR — Banks and Banking · Status: effective
Cite this
- Citation
- 12 CFR 329.102, § 329.102 Rules of construction, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/46604
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Full text
(a) Balance-sheet metric. Unless otherwise provided in this subpart, an NSFR regulatory capital element, NSFR liability, or asset that is not included on an FDIC-supervised institution's balance sheet is not assigned an RSF factor or ASF factor, as applicable; and an NSFR regulatory capital element, NSFR liability, or asset that is included on an FDIC-supervised institution's balance sheet is assigned an RSF factor or ASF factor, as applicable.
(b) Netting of certain transactions. Where an FDIC-supervised institution has secured lending transactions, secured funding transactions, or asset exchanges with the same counterparty and has offset the gross value of receivables due from the counterparty under the transactions by the gross value of payables under the transactions due to the counterparty, the receivables or payables associated with the offsetting transactions that are not included on the FDIC-supervised institution's balance sheet are treated as if they were included on the FDIC-supervised institution's balance sheet with carrying values, unless the criteria in 12 CFR 324.10(c)(2)(v)(A) through (C) are met.
(c) Treatment of Securities Received in an Asset Exchange by a Securities Lender. Where an FDIC-supervised institution receives a security in an asset exchange, acts as a securities lender, includes the carrying value of the received security on its balance sheet, and has not rehypothecated the security received:
(1) The security received by the FDIC-supervised institution is not assigned an RSF factor; and
(2) The obligation to return the security received by the FDIC-supervised institution is not assigned an ASF factor.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.