Proposed Agency Information Collection Activities; Comment Request, 72035-72045 [2011-29951]
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Title: TD8733—Treaty-Based Return
Positions.
Abstract: Regulation section
301.6114–1 sets forth the reporting
requirement under Sec. 6114. Persons or
entities subject to this reporting
requirement must make the required
disclosure on a statement attached to
their return, in the manner set forth, or
be subject to a penalty. Regulation
section 301.7701(b)–7(a)(4)(iv)(C) sets
forth the reporting requirement for dual
resident S corporation shareholders who
claim treaty benefits as nonresidents of
the United States.
Respondents: Individuals and
households.
Estimated Total Burden Hours: 6,015.
OMB Number: 1545–1385.
Type of Review: Extension without
change of a currently approved
collection.
Title: GL–238–88 (Final) Preparer
Penalties—Manual Signature
Requirement.
Abstract: The reporting requirements
affect returns preparers of fiduciary
returns. They will be required to submit
a list of the names and identifying
numbers of all fiduciary returns which
are being filed with a facsimile signature
of the returns preparer.
Respondents: Private Sector:
Businesses or other for-profits.
Estimated Total Burden Hours:
25,825.
OMB Number: 1545–1488.
Type of Review: Extension without
change of a currently approved
collection.
Title: TD 8719—Requirements
Respecting the Adoption or Change of
Accounting Method, Extensions of Time
to Make Elections.
Abstract: The regulations provide the
standards the Commissioner will use to
determine whether to grant an extension
of time to make certain elections.
Respondents: Private sector:
Businesses or other for-profits.
Estimated Total Burden Hours: 5,000.
OMB Number: 1545–1498.
Type of Review: Extension without
change of a currently approved
collection.
Title: REG–209826–96 (NPRM)
Application of the Grantor Trust Rules
to Nonexempt Employees’ Trusts.
Abstract: The regulations provide
rules for the application of the grantor
trust rules to certain nonexempt
employees’ trusts. Taxpayers must
indicate on a return that they are relying
on a special rule to reduce the
overfunded amount of the trust.
Respondents: Private sector:
Businesses or other for-profits, not-forprofit institutions.
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Estimated Total Burden Hours: 1,000.
OMB Number: 1545–1518.
Type of Review: Revision of a
currently approved collection.
Title: HSA, Archer MSA, or Medicare
Advantage MSA Information.
Form: 5498–SA.
Abstract: Section 220(h) requires
trustees to report to the IRS and medical
savings accountholders contributions to
and the year-end fair market value of
any contributions made to a medical
savings account (MSA). Congress
requires Treasury to report to them the
total contributions made to an MSA for
the current tax year. Section 1201 of the
Medicare prescription Drug,
Improvement, and Modernization Act of
2003 (Pub. L. 108–173) created new
Code section 223. Section 223(h)
requires the reporting of contributions
to and the year-end fair market value of
health savings accounts for tax years
beginning after December 31, 2003.
Respondents: Private sector:
Businesses or other for-profits.
Estimated Total Burden Hours: 8,877.
OMB Number: 1545–1591.
Type of Review: Extension without
change of a currently approved
collection.
Title: REG–251701–96 Electing Small
Business Trusts.
Abstract: This regulation provides the
time and manner for making the
Electing Small Business Trust election
pursuant to section 1361(e)(3).
Respondents: Private sector:
Businesses or other for-profits.
Estimated Total Burden Hours: 7,500.
Bureau Clearance Officer: Yvette
Lawrence, Internal Revenue Service,
1111 Constitution Avenue NW.,
Washington, DC 20224; (202) 927–4374.
OMB Reviewer: Shagufta Ahmed,
Office of Management and Budget, New
Executive Office Building, Room 10235,
Washington, DC 20503; (202) 395–7873.
Dawn D. Wolfgang,
Treasury PRA Clearance Officer.
[FR Doc. 2011–30008 Filed 11–18–11; 8:45 am]
BILLING CODE 4830–01–P
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DEPARTMENT OF THE TREASURY
Office of the Comptroller of the
Currency
FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE
CORPORATION
Proposed Agency Information
Collection Activities; Comment
Request
Office of the Comptroller of the
Currency (OCC), Treasury; Board of
Governors of the Federal Reserve
System (Board); and Federal Deposit
Insurance Corporation (FDIC).
ACTION: Joint notice and request for
comment.
AGENCY:
In accordance with the
requirements of the Paperwork
Reduction Act (PRA) of 1995 (44 U.S.C.
chapter 35), the OCC, the Board, and the
FDIC (the ‘‘agencies’’) may not conduct
or sponsor, and the respondent is not
required to respond to, an information
collection unless it displays a currently
valid Office of Management and Budget
(OMB) control number. The Federal
Financial Institutions Examination
Council (FFIEC), of which the agencies
are members, has approved the
agencies’ publication for public
comment of a proposal to extend, with
revision, the Consolidated Reports of
Condition and Income (Call Report),
which are currently approved
collections of information. The
proposed new data items would be
added to the Call Report as of the June
30, 2012, report date, except for two
proposed revisions that would take
effect March 31, 2012, in connection
with the initial filing of Call Reports by
savings associations. In addition,
proposed instructional changes would
take effect March 31, 2012. At the end
of the comment period, the comments
and recommendations received will be
analyzed to determine the extent to
which the FFIEC and the agencies
should modify the proposed revisions
prior to giving final approval. The
agencies will then submit the revisions
to OMB for review and approval.
DATES: Comments must be submitted on
or before January 20, 2012.
ADDRESSES: Interested parties are
invited to submit written comments to
any or all of the agencies. All comments,
which should refer to the OMB control
number(s), will be shared among the
agencies.
OCC: You should direct all written
comments to: Communications
Division, Office of the Comptroller of
SUMMARY:
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the Currency, Mailstop 2–3, Attention:
1557–0081, 250 E Street SW.,
Washington, DC 20219. In addition,
comments may be sent by fax to (202)
874–5274, or by electronic mail to
regs.comments@occ.treas.gov. You may
personally inspect and photocopy
comments at the OCC, 250 E Street SW.,
Washington, DC 20219. For security
reasons, the OCC requires that visitors
make an appointment to inspect
comments. You may do so by calling
(202) 874–4700. Upon arrival, visitors
will be required to present valid
government-issued photo identification
and to submit to security screening in
order to inspect and photocopy
comments.
Board: You may submit comments,
which should refer to ‘‘Consolidated
Reports of Condition and Income (FFIEC
031 and 041),’’ by any of the following
methods:
• Agency Web Site: https://
www.federalreserve.gov. Follow the
instructions for submitting comments at:
https://www.federalreserve.gov/
generalinfo/foia/ProposedRegs.cfm.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email:
regs.comments@federalreserve.gov.
Include reporting form number in the
subject line of the message.
• FAX: (202) 452–3819 or (202) 452–
3102.
• Mail: Jennifer J. Johnson, Secretary,
Board of Governors of the Federal
Reserve System, 20th Street and
Constitution Avenue NW., Washington,
DC 20551.
All public comments are available from
the Board’s web Site at https://
www.federalreserve.gov/generalinfo/
foia/ProposedRegs.cfm as submitted,
unless modified for technical reasons.
Accordingly, your comments will not be
edited to remove any identifying or
contact information. Public comments
may also be viewed electronically or in
paper in Room MP–500 of the Board’s
Martin Building (20th and C Streets
NW.) between 9 a.m. and 5 p.m. on
weekdays.
FDIC: You may submit comments,
which should refer to ‘‘Consolidated
Reports of Condition and Income, 3064–
0052,’’ by any of the following methods:
• Agency Web Site:https://
www.fdic.gov/regulations/laws/federal/
propose.html. Follow the instructions
for submitting comments on the FDIC
Web site.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Email: comments@FDIC.gov.
Include ‘‘Consolidated Reports of
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Condition and Income, 3064–0052’’ in
the subject line of the message.
• Mail: Gary A. Kuiper, (202) 898–
3877, Counsel, Attn: Comments, Room
F–1086, Federal Deposit Insurance
Corporation, 550 17th Street NW.,
Washington, DC 20429.
• Hand Delivery: Comments may be
hand delivered to the guard station at
the rear of the 550 17th Street Building
(located on F Street) on business days
between 7 a.m. and 5 p.m.
Public Inspection: All comments
received will be posted without change
to https://www.fdic.gov/regulations/laws/
federal/propose.html including any
personal information provided.
Comments may be inspected at the FDIC
Public Information Center, Room E–
1002, 3501 Fairfax Drive, Arlington, VA
22226, between 9 a.m. and 5 p.m. on
business days.
Additionally, commenters may send a
copy of their comments to the OMB
desk officer for the agencies by mail to
the Office of Information and Regulatory
Affairs, U.S. Office of Management and
Budget, New Executive Office Building,
Room 10235, 725 17th Street NW.,
Washington, DC 20503, or by fax to
(202) 395–6974.
FOR FURTHER INFORMATION CONTACT: For
further information about the revisions
discussed in this notice, please contact
any of the agency clearance officers
whose names appear below. In addition,
copies of the Call Report forms can be
obtained at the FFIEC’s web site (https://
www.ffiec.gov/ffiec_report_forms.htm).
OCC: Mary Gottlieb, OCC Clearance
Officer, (202) 874–5090, Legislative
and Regulatory Activities Division,
Office of the Comptroller of the
Currency, 250 E Street SW.,
Washington, DC 20219.
Board: Cynthia Ayouch, Federal Reserve
Board Clearance Officer, (202) 452–
3829, Division of Research and
Statistics, Board of Governors of the
Federal Reserve System, 20th and C
Streets NW., Washington, DC 20551.
Telecommunications Device for the
Deaf (TDD) users may call (202) 263–
4869.
FDIC: Gary A. Kuiper, Counsel, (202)
898–3877, Legal Division, Federal
Deposit Insurance Corporation, 550
17th Street NW., Washington, DC
20429.
The
agencies are proposing to revise and
extend for three years the Call Report,
which is currently an approved
collection of information for each
agency.
Report Title: Consolidated Reports of
Condition and Income (Call Report).
SUPPLEMENTARY INFORMATION:
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Form Number: Call Report: FFIEC 031
(for banks with domestic and foreign
offices) and FFIEC 041 (for banks with
domestic offices only).
Frequency of Response: Quarterly.
Affected Public: Business or other forprofit.
OCC:
OMB Number: 1557–0081.
Estimated Number of Respondents:
2,035 (1,399 national banks and 636
federal savings associations).
Estimated Time per Response:
National banks: 53.96 burden hours per
quarter to file.
Federal savings associations: 54.48
burden hours per quarter to file and
188 burden hours for the first year to
convert systems and conduct training.
Estimated Total Annual Burden:
National banks: 301,960 burden hours to
file.
Federal savings associations: 138,597
burden hours to file plus 119,568
burden hours for the first year to
convert systems and conduct training.
Total: 560,125 burden hours.
Board:
OMB Number: 7100–0036.
Estimated Number of Respondents:
827 state member banks.
Estimated Time per Response: 56.06
burden hours per quarter to file.
Estimated Total Annual Burden:
185,446 burden hours.
FDIC:
OMB Number: 3064–0052.
Estimated Number of Respondents:
4,630 (4,570 insured state nonmember
banks and 60 state savings associations).
Estimated Time per Response:
State nonmember banks: 40.85 burden
hours per quarter to file.
State savings associations: 40.88 burden
hours per quarter to file and 188
burden hours for the first year to
convert systems and conduct training.
Estimated Total Annual Burden:
State nonmember banks: 746,738
burden hours to file.
State savings associations: 9811 burden
hours to file plus 11,280 burden hours
for the first year to convert systems
and conduct training.
Total: 767,829 burden hours.
The estimated time per response for
the quarterly filings of the Call Report
is an average that varies by agency
because of differences in the
composition of the institutions under
each agency’s supervision (e.g., size
distribution of institutions, types of
activities in which they are engaged,
and existence of foreign offices). The
average reporting burden for the filing of
the Call Report is estimated to range
from 17 to 715 hours per quarter,
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depending on an individual institution’s
circumstances. The initial burden
arising from implementing any
recordkeeping and systems changes
necessary to enable institutions to report
the new Call Report data that are the
subject of this proposal will also vary
across institutions depending on their
circumstances. Given the reporting
thresholds that apply to certain
proposed revisions and the specialized
nature of other proposed revisions, the
smallest institutions are not likely to be
affected by the proposed reporting
changes. Based on the size distribution
of the more than 7,600 institutions that
will be filing Call Reports in 2012, the
average initial burden of the proposed
revisions per institution is expected to
be limited. The agencies invite
institutions to comment on the initial
burden of implementing the revisions
discussed below in this proposal.
As approved by OMB, savings
associations will convert from filing the
Thrift Financial Report (TFR) (OMB
Number: 1550–0023) to filing the Call
Report effective as of the March 31,
2012, report date (unless an institution
elects to begin filing the Call Report
before that report date).1 Thus, savings
associations will incur an initial burden
of converting systems and training staff
to prepare and file the Call Report in
place of the TFR. Accordingly, the
burden estimates above in this notice for
savings associations also include the
time to convert to filing the Call Report,
including necessary systems changes
and training staff on Call Report
preparation and filing, which is
estimated to average 188 hours per
savings association.
As a general statement, larger savings
associations and those with more
complex operations would expend a
greater number of hours than smaller
savings associations and those with less
complex operations. A savings
association’s use of service providers for
the information and accounting support
of key functions, such as credit
processing, transaction processing,
deposit and customer information,
general ledger, and reporting should
result in lower burden hours for
converting to the Call Report. Savings
associations with staff having
experience in preparing and filing the
Call Report should incur lower initial
burden hours for converting to the Call
Report from the TFR. For further
information about the estimated initial
burden hours for savings associations’
1 See 76 FR 39981, July 7, 2011, at https://
www.ffiec.gov/pdf/FFIEC_forms/FFIEC031_
FFIEC041_20110707_ffr.pdf and the Office of Thrift
Supervision’s CEO Letter #391 dated July 7, 2011,
at https://www.ots.treas.gov/_files/25391.pdf.
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conversion to the Call Report from the
TFR, see 76 FR 39986, July 7, 2011.
Type of Review: Revision and
extension of currently approved
collections.
General Description of Reports
These information collections are
mandatory: 12 U.S.C. 161 (for national
banks), 12 U.S.C. 324 (for state member
banks), 12 U.S.C. 1817 (for insured state
nonmember commercial and savings
banks), and 12 U.S.C. 1464 (for federal
and state savings associations). At
present, except for selected data items,
these information collections are not
given confidential treatment.
Abstract
Institutions submit Call Report data to
the agencies each quarter for the
agencies’ use in monitoring the
condition, performance, and risk profile
of individual institutions and the
industry as a whole. Call Report data
provide the most current statistical data
available for evaluating institutions’
corporate applications, for identifying
areas of focus for both on-site and offsite examinations, and for monetary and
other public policy purposes. The
agencies use Call Report data in
evaluating interstate merger and
acquisition applications to determine, as
required by law, whether the resulting
institution would control more than ten
percent of the total amount of deposits
of insured depository institutions in the
United States. Call Report data are also
used to calculate institutions’ deposit
insurance and Financing Corporation
assessments and national banks’ and
federal savings associations’ semiannual
assessment fees.
Current Actions
I. Overview
The agencies are proposing to
implement a limited number of
revisions to the Call Report
requirements in 2012. These changes,
which are discussed in detail in
Sections II.A through II.G of this notice,
are intended to provide data needed for
reasons of safety and soundness or other
public purposes. The proposed new
data items would be added to the Call
Report as of the June 30, 2012, report
date, except for two proposed revisions
that would take effect March 31, 2012,
in connection with the initial filing of
Call Reports by savings associations.
These proposed new data items, which
are focused primarily on institutions
with $1 billion or more in total assets,
would assist the agencies in gaining a
better understanding of institutions’
lending activities and credit risk
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72037
exposures, primarily through enhanced
data on the composition of the
allowance for loan and lease losses
(ALLL), quarter-end loan amounts
originated during the quarter, past due
and nonaccrual purchased creditimpaired loans, and representation and
warranty reserves associated with
mortgage loan sales. In addition,
beginning with the March 31, 2012,
report date, savings associations and
certain state savings and cooperative
banks would report on their Qualified
Thrift Lender compliance in two new
Call Report items and certain existing
items used in the measurement of the
leverage ratio denominator would be
modified to accommodate calculations
by both banks and savings associations.
The banking agencies are also proposing
certain revisions to the Call Report
instructions that would take effect
March 31, 2012.
The proposed changes include:
• A new Schedule RI–C,
Disaggregated Data on the Allowance for
Loan and Lease Losses, in which
institutions with total assets of $1
billion or more would report a
breakdown by key loan category of the
end-of-period allowance for loan and
lease losses (ALLL) disaggregated on the
basis of impairment method and the
end-of-period recorded investment in
held-for-investment loans and leases
related to each ALLL balance;
• A new Schedule RC–U, Loan
Origination Activity, in which
institutions with total assets of $300
million or more would report,
separately for several loan categories,
the quarter-end amount of loans
reported in Schedule RC–C, Loans and
Lease Financing Receivables, that was
originated during the quarter, and
institutions with total assets of $1
billion or more would also report for
these loan categories the portions of the
quarter-end amount of loans originated
during the quarter that were (a)
originated under a newly established
loan commitment and (b) not originated
under a loan commitment;
• New Memorandum items in
Schedule RC–N, Past Due and
Nonaccrual Loans, Leases, and Other
Assets, for the total outstanding balance
and related carrying amount of
purchased credit-impaired loans
accounted for under ASC 310–30 that
are past due 30 through 89 days and still
accruing, past due 90 days or more and
still accruing, and in nonaccrual status;
• New items in Schedule RC–P, 1–4
Family Residential Mortgage Banking
Activities, in which institutions with $1
billion or more in total assets and
smaller institutions with significant
mortgage banking activities would
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report the amount of representation and
warranty reserves for 1–4 family
residential mortgage loans sold (in
domestic offices), with separate
disclosure of reserves for
representations and warranties made to
U.S. government and governmentsponsored agencies and to other parties;
• New items in Schedule RC–M,
Memoranda, in which savings
associations and certain state savings
and cooperative banks would report on
the test they use to determine their
compliance with the Qualified Thrift
Lender requirement and whether they
have remained in compliance with this
requirement.
• Revisions to two existing items in
Schedule RC–R, Regulatory Capital,
used in the calculation of the leverage
ratio denominator to accommodate
certain differences between the
regulatory capital standards that apply
to the leverage capital ratios of banks
versus savings associations.
• Instructional revisions addressing
the discontinued use of specific
valuation allowances by savings
associations when they begin to file the
Call Report instead of the TFR
beginning in March 2012; the reporting
of the number of deposit accounts of
$250,000 or less in Schedule RC–O,
Other Data for Deposit Insurance and
FICO Assessments, by institutions that
have issued certain brokered deposits;
and the accounting and reporting
treatment for capital contributions in
the form of cash or notes receivable.
For the March 31, 2012, and June 30,
2012, report dates, as applicable,
institutions may provide reasonable
estimates for any new or revised Call
Report item initially required to be
reported as of that date for which the
requested information is not readily
available. The specific wording of the
captions for the new or revised Call
Report data items discussed in this
proposal and the numbering of these
data items should be regarded as
preliminary.
II. Discussion of Proposed Call Report
Revisions
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In July 2010, the Financial
Accounting Standards Board (FASB)
published Accounting Standards
Update No. 2010–20, Disclosures about
the Credit Quality of Financing
Receivables and the Allowance for
Credit Losses (ASU 2010–20), which
amended Accounting Standards
Codification (ASC) Topic 310,
Receivables. The main objective of the
update was to provide financial
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Jkt 226001
2 ASC
paragraphs 310–10–51–11B(g) and (h).
paragraph 310–10–51–11C. Allowances for
amounts collectively evaluated for impairment are
determined under ASC Subtopic 450–20,
Contingencies–Loss Contingencies (formerly FASB
Statement No. 5, ‘‘Accounting for Contingencies’’),
allowances for amounts individually evaluated for
impairment are determined under ASC Section
310–10–35, Receivables–Overall–Subsequent
Measurement (formerly FASB Statement No. 114,
‘‘Accounting by Creditors for Impairment of a
Loan’’), and allowances for loans acquired with
deteriorated credit quality are determined under
ASC Subtopic 310–30, Receivables–Loans and Debt
Securities Acquired with Deteriorated Credit
Quality (formerly AICPA Statement of Position 03–
3, ‘‘Accounting for Certain Loans or Debt Securities
Acquired in a Transfer’’).
3 ASC
A. Allowance for Loan and Leases
Losses by Loan Category
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statement users with greater
transparency about an entity’s
allowance for credit losses and the
credit quality of its financing
receivables. Examples of financing
receivables include loans, credit cards,
notes receivable, and leases (other than
an operating lease). The update was
intended to provide additional
information to assist financial statement
users in assessing an entity’s credit risk
exposures and evaluating the adequacy
of its allowance for credit losses.
To achieve its main objective, ASU
2010–20 requires, in part, that an entity
disclose by portfolio segment ‘‘[t]he
balance in the allowance for credit
losses at the end of each period
disaggregated on the basis of the entity’s
impairment method’’ and ‘‘[t]he
recorded investment in financing
receivables at the end of each period
related to each balance in the allowance
for credit losses, disaggregated * * * in
the same manner.’’2 As defined in the
ASC Master Glossary, a portfolio
segment is ‘‘[t]he level at which an
entity develops and documents a
systematic methodology to determine its
allowance for credit losses.’’ For each
portfolio segment, the disaggregation
based on impairment method requires
separate disclosure of the allowance and
the related recorded investment
amounts for financing receivables
collectively evaluated for impairment,
individually evaluated for impairment,
and acquired with deteriorated credit
quality.3 This disaggregated disclosure
requirement is effective for public
entities for the first interim or annual
reporting period ending on or after
December 15, 2010, and for nonpublic
entities for annual reporting periods
ending on or after December 15, 2011.
Consistent with the ASU 2010–20
disclosure requirements described
above, the agencies are proposing
revisions to the June 2012 Call Report to
capture disaggregated detail of
institutions’ allowances for loan and
lease losses (ALLL) and related recorded
investments for loans and leases from
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institutions with $1 billion or more in
total assets. Disaggregated data would be
reported for key loan categories for
which the recorded investments are
reported in Schedule RC–C, Part I,
Loans and Leases. The agencies also
propose to collect this information on
the basis of impairment method for each
loan category. The agencies believe that
the use of key loan categories reported
on Schedule RC–C for the proposed new
Call Report disaggregated disclosures is
consistent with the meaning of the term
portfolio segment in ASU 2010–20 and
with the agencies’ supervisory guidance
on ALLL methodologies.4 More
specifically, the agencies propose to
collect from institutions with $1 billion
or more in total assets disaggregated
allowance and recorded investment data
on the basis of impairment method
(collectively evaluated for impairment,5
individually evaluated for impairment,
and acquired with deteriorated credit
quality) for the following loan
categories:
• Construction, land development,
and other land loans;
• Revolving, open-end loans secured
by 1–4 family residential properties and
extended under lines of credit;
• Closed-end loans secured by 1–4
family residential properties;
• Loans secured by multifamily (5 or
more) residential properties;
• Loans secured by nonfarm
nonresidential properties;6
• Commercial and industrial loans;
• Credit card loans to individuals for
household, family, and other personal
expenditures;
• All other loans to individuals for
household, family, and other personal
expenditures; and
• All other loans and all lease
financing receivables.
Currently, the Call Report does not
provide detail on the components of the
ALLL disaggregated by loan category in
the manner prescribed by ASU 2010–20.
Rather, only the amount of the overall
ALLL is reported with separate
disclosure of the total amount of the
allowance for loans acquired with
deteriorated credit quality.7 Therefore,
4 See the agencies’ July 2001 ‘‘Policy Statement
on Allowance for Loan and Lease Losses
Methodologies and Documentation for Banks and
Savings Institutions’’ at https://
www.federalreserve.gov/boarddocs/srletters/2001/
SR0117a1.pdf and their December 2006
‘‘Interagency Policy Statement on the Allowance for
Loan and Lease Losses’’ at https://www.fdic.gov/
news/news/financial/2006/fil06105a.pdf.
5 For loans collectively evaluated for impairment,
an institution would also report the amount of any
unallocated portion of its ALLL.
6 The first five loan categories would be reported
on a domestic office only basis.
7 Credit card specialty banks and other
institutions with a significant volume of credit card
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when conducting off-site evaluations of
the level of an individual institution’s
overall ALLL and changes therein,
examiners and agency analysts cannot
determine whether the institution is
releasing loan loss allowances in some
loan categories and building allowances
in others. Collecting more detailed
ALLL information would allow the
agencies to more finely focus efforts
related to the ALLL and credit risk
management and, in conjunction with
past due and nonaccrual data currently
reported by loan category that are used
in a general assessment of an
institution’s credit risk exposures, to
better evaluate the appropriateness of its
ALLL. As an example, it is currently not
possible to differentiate the ALLL
allocated to commercial real estate
(CRE) loans from the remainder of the
ALLL at institutions with CRE
concentrations. By collecting more
detailed ALLL information, examiners
and analysts would then better
understand how institutions with such
concentrations are building or releasing
allowances, the extent of ALLL coverage
in relation to their CRE portfolios, and
how this might differ among
institutions.
The proposed additional detail on the
composition of the ALLL by loan
category would also be useful for
analysis of the depository institution
system. As of June 30, 2011, institutions
with $1 billion or more in total assets,
which would report the additional
detail under this proposal, held nearly
92 percent of the ALLL balances held by
all institutions. More granular ALLL
information would assist the agencies in
understanding industry trends related to
the build-up or release of allowances for
specific loan categories. The
information would also support
comparisons of ALLL levels by loan
category, including the identification of
differences in ALLL allocations by
institution size. Understanding how
institutions’ALLL practices and
allocations differ over time for
particular loan categories as economic
conditions change may also provide
insights that can be used to more finely
tune supervisory procedures and
policies.
The agencies request comment on the
degree to which the proposed
disaggregated detail of institutions’
allowance balances corresponds to
institutions’ current allowance
methodologies, both with respect to the
key loan categories included in the
proposal and the separate reporting of
receivables also disclose the amount, if any, of
ALLL attributable to retail credit card fees and
finance charges.
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allowance amounts on the basis of
impairment method for each loan
category. In addition, comment is
invited on the appropriateness of
including an item in the Call Report in
which institutions would report the
amount of any unallocated portion of
the ALLL for loans collectively
evaluated for impairment.8 To the
extent that the proposed Call Report
information is not captured in
institutions’ automated data collection
systems, the agencies request comment
on institutions’ ability to begin to
capture this ALLL and related recorded
investment information associated with
outstanding loans.
B. Loan Origination Data
As highlighted by the recent financial
crisis and its aftermath, the ability to
assess credit availability is a key
consideration for monetary policy,
financial stability, and the supervision
and regulation of the banking system.
However, the information currently
available to policymakers both within
and outside the agencies is insufficient
to accurately monitor the extent to
which depository institutions are
providing credit to households and
businesses. In its current form, the Call
Report collects data on the amount of
loans to both households and businesses
that are outstanding on institutions’
books at the end of each quarter.
However, the underlying flow of loan
originations cannot be deduced from
these quarter-end data owing to the
myriad of factors and banking activities
(other than charge-offs for which data
are reported) that routinely affect the
amount of outstanding loans held by
institutions, including activities such as
loan paydowns, extensions, purchases
and sales, securitizations, and
repurchases. Direct reporting of loan
originations would allow the agencies to
isolate the flow of credit creation from
the effects of these other banking
activities.
Economic research points to a crucial
link between the availability of credit
and macroeconomic outcomes.9 For
example, the rapid contraction in both
8 The agencies note that the table in ASC
paragraph 310–10–55–7 illustrating the required
disclosure by portfolio segment of the end-of-period
balance of the ALLL disaggregated on the basis of
impairment method and the end-of-period recorded
investment in financing receivables related to each
ALLL balance includes an unallocated portion of
the ALLL.
9 See, for example, A.K. Kashyap and J.C. Stein
(2000), ‘‘What Do a Million Observations on Banks
Say About the Transmission of Monetary Policy,’’
The American Economic Review, Vol. 90, No. 3,
pages 407–428. See also Michael Woodford,
‘‘Financial Intermediation and Macroeconomic
Analysis,’’ Journal of Economic Perspectives, Fall
2010, volume 24, issue 4, pages 21–44.
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total loans held on institutions’ balance
sheets and in credit lines held off their
balance sheets in the volatile period
following the collapse of Lehman
Brothers in the fall of 2008 likely
contributed to the depth of the
economic recession as well as to the
subsequent weakness in the recovery in
economic activity. As a result,
encouraging the expansion of banking
organization loan supply was a primary
goal of most of the emergency liquidity
facilities established during the height
of the crisis and of the Troubled Asset
Relief Program (TARP).10 Likewise,
numerous authors have shown a
relationship between bank lending and
changes in bank capital.11 For example,
during the early 1990s, lending was also
significantly depressed while banks’
capital cushions were being rebuilt,
leading some analysts to describe the
period as a ‘‘credit crunch’’ that resulted
in a materially slower recovery in
economic activity.
However, the lack of data on loan
originations made it very difficult for
policymakers to assess the sources of
the steep declines in outstanding loans
and credit lines during the recent crisis
and during the early 1990s ‘‘credit
crunch.’’ In fact, a fall in outstanding
loans could be driven by reduced
demand for credit, reduced supply of
credit by banking organizations, or both.
Looking only at changes in outstanding
loan balances can give misleading
signals and mask important shifts in the
supply of, and demand for, credit.
Policy makers may react differently in
each of these cases.
The sources of loan growth—such as
whether loans were made under
commitment or not under
commitment—also contain important
insights for those monitoring financial
stability or developing macroprudential
regulatory policies.12 As observed in the
fall of 2008, strong loan growth that is
driven primarily by customers drawing
down funds from preexisting lending
commitments can be a sign of stresses
10 Chairman Ben S. Bernanke, ‘‘Troubled Asset
Relief Program and the Federal Reserve’s liquidity
facilities,’’ Testimony before the Committee on
Financial Services, U.S. House of Representatives,
November 18, 2008, at https://
www.federalreserve.gov/newsevents/testimony/
bernanke20081118a.htm.
11 See, for example, Joe Peek and Eric Rosengren
(1995), ‘‘The Capital Crunch: Neither a Borrower
nor a Lender Be,’’ Journal of Money, Credit and
Banking, volume 27(3), pages 625–638, August. See
also Ben Bernanke and Cara Lown (1991), ‘‘The
Credit Crunch,’’ Brookings Papers on Economic
Activity, 2:1991, pages 205–239.
12 Moritz Schularick and Alan M. Taylor, ‘‘Credit
Booms Gone Bust: Monetary Policy, Leverage
Cycles and Financial Crises, 1870–2008,’’ 2009,
National Bureau of Economic Research, Inc., NBER
Working Papers: 15512.
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in financial markets, and therefore a
signal that the economy could be
slowing down. In contrast, strong
growth in credit that includes robust
extensions to new customers could
signal a broad pickup in demand for
financing and hence renewed economic
growth, or it could suggest that
institutions have eased their lending
standards. Accordingly, rapid loan
growth can be an important indicator of
the safety and soundness of individual
institutions.13 Loan origination data, if
collected from depository institutions,
would better identify when such
developments warrant greater
supervisory scrutiny.
Credit availability to small businesses
is widely considered an important
driver of economic growth. As a result,
the significant contraction in business
loans on institutions’ books over the
past several years has generated calls
from policymakers (and the public) to
better understand the credit flows of
small businesses.14 The collection of
data on originations of loans to
businesses by the size of the original
loan would provide a window into the
functioning of the important small
business market.15
In addition, if loan origination
information were available, it would
also be valuable in designing, and
assessing the effectiveness of,
government policies for depository
institutions and other financial markets.
For instance, policymakers would be
keenly attuned to whether, and if so, to
what extent, the changes to the capital
and liquidity requirements for large
institutions that will be contained in
regulations implementing the DoddFrank Act and the international Basel III
13 William R. Keeton, ‘‘Does Faster Loan Growth
Lead to Higher Loan Losses?’’ Federal Reserve Bank
of Kansas City Economic Review, 2nd Quarter 1999,
volume 84, issue 2, pages 57–75, and Deniz Igan
and Marcelo Pinheiro, ‘‘Exposure to Real Estate in
Bank Portfolios,’’ Journal of Real Estate Research,
January–March 2010, volume 32, issue 1, pages 47–
74.
14 See Federal Reserve Board, Report to Congress
on the Availability of Credit to Small Business,
2007, at https://www.federalreserve.gov/boarddocs/
rptcongress/smallbusinesscredit/sbfreport2007.pdf.
See also testimony before the House Financial
Services Committee (May 18, 2010) at https://
cybercemetery.unt.edu/archive/cop/
20110401231854/https://cop.senate.gov/documents/
testimony-051810-atkins.pdf and Congressional
Oversight Panel Oversight Report, The Small
Business Credit Crunch and the Impact of the TARP
(May 13, 2010), at https://cybercemetery.unt.edu/
archive/cop/20110402035902/https://
cop.senate.gov/documents/cop-051310-report.pdf.
15 The Call Report and TFR currently collect the
outstanding amount of small dollar loans to
businesses and farms where, for loans to businesses,
‘‘small dollar’’ is defined as loans (not made under
commitments) that have original amounts of $1
million or less and draws on commitments where
the total commitment amount is $1 million or less.
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agreement affect depository institution
loan supply. Although these new
regulations would only directly affect a
few dozen large banking organizations,
smaller banking organizations also may
adjust their lending policies in response
to the changes at large banking
organizations.
Loan data currently available to the
agencies provide insufficient detail to
accurately monitor credit creation by
depository institutions. The Call Report
currently collects data on the recorded
amounts of a wide variety of loan
categories in Schedule RC–C, Loans and
Lease Financing Receivables. Schedule
RI–B, Part I, Charge-Offs and Recoveries
on Loans and Leases, collects the flow
of gross charge-offs and recoveries in
many of the loan categories for which
recorded amounts are reported in
Schedule RC–C, Part I, Loans and
Leases. On Schedule RC–P, 1–4 Family
Residential Mortgage Banking Activities
(in Domestic Offices), which was added
to the Call Report in 2006, certain banks
report originations and purchases of
residential mortgage loans held for sale,
but not originations of loans held for
investment. On Schedule RC–S,
Servicing, Securitization, and Asset Sale
Activities, banks report the outstanding
principal balance of seven categories of
loans sold and securitized for which the
institution has retained servicing or has
provided recourse or other credit
enhancements.16 For these same seven
loan categories, banks also report the
unpaid principal balance of loans they
have sold (not in securitizations) with
recourse or other seller-provided credit
enhancements. No data exist for those
loans banks have sold without recourse
or seller-provided credit enhancements
when servicing has not been retained.
In contrast, savings associations
currently report data on loan
originations, sales, and purchases in the
Thrift Financial Report (TFR). On TFR
Schedule CF, Consolidated Cash Flow
Information, savings associations report
by major loan category the dollar
amount of loans that were closed or
disbursed, loans and participations
purchased, and loan sales during the
quarter. In addition, on TFR Schedule
LD, Loan Data, savings associations
report the amount of net charge-offs,
purchases, originations, and sales of
certain 1–4 family and multifamily
16 The seven categories are (1) 1–4 family
residential mortgages, (2) home equity loans, (3)
credit card loans, (4) auto loans, (5) other consumer
loans, (6) commercial and industrial loans, and (7)
all other loans, all leases, and all other assets
(commercial real estate loans, for example, are
subsumed in this category).
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residential mortgages with high loan-tovalue ratios.17
The agencies propose to begin
collecting data on loan originations from
institutions with total assets of $300
million or more because, as outlined in
detail above, this information would be
of substantial benefit in light of the fact
that the data currently available for
banking organizations are inadequate for
monetary policy and financial stability
regulators to monitor and analyze credit
flows and because the proposed data
would support the agencies’ supervisory
efforts.
More specifically, for depository
institutions with $300 million or more
in total assets, the agencies propose to
collect quarterly information on loan
originations for several important loan
categories by introducing a new
Schedule RC–U, Loan Origination
Activity (in Domestic Offices).18 Under
this proposal, all institutions with $300
million or more in total assets would
report in column A of Schedule RC–U,
for certain loan categories reported in
Schedule RC–C, Loans and Lease
Financing Receivables, the quarter-end
balance sheet amount for those loans
originated during the quarter that ended
on the report date.19 Institutions with $1
billion or more in total assets would
also report, for relevant loan categories,
(1) the portion of this quarter-end
amount that was originated under a
newly established commitment 20
(column B of Schedule RC–U) and (2)
the portion that was not originated
under a commitment (column C of
Schedule RC–U). In general, the
additional data that would be reported
in columns B and C of Schedule RC–U
by institutions with $1 billion or more
17 As previously noted, savings associations will
discontinue filing the TFR after the December 31,
2011, report date, which means that these data, as
currently reported in the TFR, will no longer be
collected going forward.
18 Thus, depository institutions with less than
$300 million in total assets would be exempt from
completing proposed Schedule RC–U.
19 For example, a loan was originated for
$120,000 during the quarter. As a result of principal
payments received during the quarter, the recorded
amount of the loan as reported on the institution’s
Call Report balance sheet (Schedule RC) and in the
Call Report loan schedule (Schedule RC–C) at
quarter-end was $101,000. The institution would
report the $101,000 quarter-end recorded amount
for this loan in column A of proposed Schedule
RC–U. In general, in reporting amounts in column
A, if a loan origination date is unknown, the
reporting institution would be instructed to use the
date that the loan was first booked by the
institution.
20 A newly established commitment is one for
which the terms were finalized and the
commitment became available for use during the
quarter that ended on the report date. A newly
established commitment also includes a
commitment that was renewed during the quarter
that ended on the report date.
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in total assets represent two ways that
institutions originate new loans, both of
which affect the amounts of loans on
institutions’ balance sheets.
In the proposed originations schedule,
all institutions with $300 million or
more in total assets would report the
amounts reported in Schedule RC–C,
Part I or Part II, as of the quarter-end
report date that were originated during
the quarter that ended on the report date
for the following loan categories:
• 1–4 family residential construction
loans;
• Other construction loans and all
land development and other land loans;
• Revolving, open-end loans secured
by 1–4 family residential properties and
extended under lines of credit;
• Closed-end loans secured by first
liens on 1–4 family residential
properties;
• Closed-end loans secured by junior
liens on 1–4 family residential
properties;
• Loans secured by multifamily (5 or
more) residential properties;
• Loans secured by nonfarm
nonresidential properties;21
• Loans to commercial banks and
other depository institutions in the U.S.;
• Loans to banks in foreign countries;
• Loans to finance agricultural
production and other loans to farmers;
• Commercial and industrial loans to
U.S. addressees with original amounts
of $1,000,000 or less;
• Commercial and industrial loans to
U.S. addressees with original amounts
of more than $1,000,000;
• Consumer credit card loans;
• Consumer automobile loans;
• Other consumer loans; and
• Loans to nondepository financial
institutions.
In addition, for each of the preceding
loan categories, except as noted below,
institutions with $1 billion or more in
total assets would separately disclose
the portion of the quarter-end amount of
loans originated during the quarter that
was originated under a newly
established commitment and the portion
that was not originated under a
commitment. Closed-end loans secured
by first liens on 1–4 family residential
properties, closed-end loans secured by
junior liens on 1–4 family residential
properties, and consumer automobile
loans would be excluded from both of
these additional disclosures. Consumer
credit card loans and revolving, openend loans secured by 1–4 family
residential properties and extended
under lines of credit would be excluded
from the disclosure of loans not
21 The first seven loan categories would be
reported on a domestic office only basis.
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originated under a commitment because
it is assumed such loans are always
extended under commitment.
Loan originations that were made
under a newly established commitment
or a commitment that was renewed
during the quarter are likely to more
closely reflect the current lending
standards and loan terms being applied
by an institution, so an expansion or
contraction in this subset of loans is
indicative of current supply and
demand conditions. In this regard,
research has shown that loans not made
under a commitment are more sensitive
to changes in monetary policy than
loans made under a commitment.22 In
contrast, loans drawn under previous
commitments reflect lending standards
and terms that were in place at the time
the loan agreements were reached.
Hence, changes in outstanding balances
associated with previously committed
lines are more indicative of demand for
funds from the firms that have these
lines, as institutions are less able to
ration such credit.
As mentioned above, all savings
associations, many of which are small,
have for many years reported in the TFR
the dollar amount of loans that were
closed or disbursed, loans and
participations purchased, and loan sales
during the quarter by major loan
category. Thus, the additional reporting
burden of proposed Call Report
Schedule RC–U for institutions with
$300 million or more in total assets may
be manageable for such institutions.
Nevertheless, because banks have not
previously been required to report data
pertaining to loan originations for Call
Report purposes, the agencies recognize
that institutions’ data systems may not
at present be designed to identify and
capture data on loans originated during
the quarter that ended on the report
date. The agencies request comment on
the ability of institutions’ existing loan
systems to generate the proposed data
for Schedule RC–U. If this information
is not currently available, the agencies
request comment on how burdensome it
would be to adapt current systems to
report the proposed origination data for
Schedule RC–U. To the extent that
existing loan systems enable institutions
to track data on loans originated during
the quarter by loan category in a
different manner than has been
proposed, institutions are invited to
suggest alternative ways in which such
origination data could be collected in
the Call Report and to explain how an
22 Donald P. Morgan, ‘‘The Credit Effects of
Monetary Policy: Evidence Using Loan
Commitments,’’ Journal of Money, Credit and
Banking, Vol. 30, No. 1 (Feb. 1998), pages 102–118.
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alternative would meet the agencies’
data needs as described above in this
section.
C. Past Due and Nonaccrual Purchased
Credit-Impaired Loans
The Call Report currently collects
information regarding the past due and
nonaccrual status of loans, leases, and
other assets in Schedule RC–N. To
determine whether an asset is past due
for purposes of completing this
schedule, an institution must look to the
borrower’s performance in relation to
the contractual terms of the asset. Over
the past few years, there has been a
substantial increase in the amount of
assets reported in Schedule RC–N as
past due 90 days or more and still
accruing. At some institutions, a large
portion of this increase is related to
loans subject to the accounting
requirements set forth in ASC Subtopic
310–30, Receivables—Loans and Debt
Securities Acquired with Deteriorated
Credit Quality (formerly American
Institute of Certified Public Accountants
Statement of Position 03–3,
‘‘Accounting for Certain Loans or Debt
Securities Acquired in a Transfer’’), i.e.,
purchased credit-impaired loans, that
were acquired in business
combinations, including acquisitions of
failed institutions, and other
transactions. Loans accounted for under
ASC Subtopic 310–30 are initially
recorded at their purchase price (in a
business combination, fair value). To
the extent that the cash flows expected
to be collected exceed the purchase
price of the loans acquired and the
acquiring institution has sufficient
information to reasonably estimate the
amount and timing of these cash flows,
the institution recognizes interest
income using the interest method.
Otherwise, the loans should be placed
in nonaccrual status.
Because loans accounted for under
ASC Subtopic 310–30 are impaired at
the time of purchase, it is possible for
institutions to hold on-balance sheet
assets purchased at a deep discount that
are contractually 90 days or more past
due, but on which interest is being
accrued because the amount and timing
of the expected cash flows on the assets
can be reasonably estimated. Currently,
insufficient information is collected in
Schedule RC–N to determine the
volume of purchased credit-impaired
loans included in the loan amounts
reported as ‘‘past due 90 days or more
and still accruing’’ (or reported in the
other past due and nonaccrual
categories in the schedule). As the
volume of assets reported in the three
past due and nonaccrual columns in
Schedule RC–N has increased at many
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institutions that also report holdings of
loans accounted for under ASC
Subtopic 310–30, the agencies cannot
determine whether this growth is due to
purchased credit-impaired loans or
whether the source of the increase has
been deterioration in the credit quality
and performance among the assets the
institution originated (or purchased
without evidence of credit problems at
acquisition). Better understanding the
source of these increases would assist
the agencies in determining the need to
adjust their supervisory strategies for
individual institutions.
Because of the significant number of
acquisitions by depository institutions
of loans accounted for under ASC 310–
30 over the past few years and the
expected number of future acquisitions,
the agencies propose to collect
additional information in Schedule RC–
N to segregate the amount of purchased
credit-impaired loans that are included
in the past due and nonaccrual loans
reported in this schedule. New
Memorandum items would be added to
Schedule RC–N to separately collect
from all institutions the total
outstanding balance of purchased
credit-impaired loans accounted for
under ASC 310–30 that are past due 30
through 89 days and still accruing, past
due 90 days or more and still accruing,
and in nonaccrual status. The related
carrying amount of these loans (before
any post-acquisition loan loss
allowances) would also be reported by
past due and nonaccrual status. This
information would mirror the data
reported in Memorandum item 7,
‘‘Purchased impaired loans held for
investment accounted for in accordance
with FASB ASC 310–30,’’ in Schedule
RC–C, Part I. Based on the information
reported in Memorandum item 7, there
are less than 300 institutions that hold
purchased credit-impaired loans and
would be affected by the proposed new
Schedule RC–N Memorandum items.
D. Representation and Warranty
Reserves
When institutions sell or securitize
mortgage loans, they typically make
certain representations and warranties
to the investors or other purchasers of
the loans at the time of the sale and to
financial guarantors of the loans sold.
The specific representations and
warranties may relate to the ownership
of the loan, the validity of the lien
securing the loan, and the loan’s
compliance with specified underwriting
standards. Under ASC Subtopic 450–20,
Contingencies—Loss Contingencies
(formerly FASB Statement No. 5,
‘‘Accounting for Contingencies’’),
institutions are required to accrue loss
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contingencies relating to the
representations and warranties made in
connection with their mortgage
securitization activities and mortgage
loan sales when it is probable that a loss
has been incurred and the amount of the
loss can be reasonably estimated. In
October 2010, the Division of
Corporation Finance of the Securities
and Exchange Commission (SEC) sent a
letter to certain public companies
reminding them of the need to ‘‘provide
clear and transparent disclosure
regarding your obligations relating to
the[se] various representations and
warranties.’’ 23 A review of a sample of
disclosures about mortgage loan
representations and warranties by
public banking organizations in their
SEC filings since October 2010 reveals
that these disclosures tend to
distinguish between obligations to U.S.
government-sponsored entities and
other parties.
At present, institutions with $1
billion or more in total assets and
smaller institutions with significant
1–4 family residential mortgage banking
activities are required to complete
Schedule RC–P, 1–4 Family Residential
Mortgage Banking Activities. These
institutions report the amount of 1–4
family residential mortgage loans
previously sold subject to an obligation
to repurchase or indemnify that have
been repurchased or indemnified during
the quarter. However, the amount of
representation and warranty reserves
attributable to residential mortgages as
of quarter-end included in other
liabilities on these institutions’ balance
sheets is not separately reported in
Schedule RC–P. Accordingly, building
on the SEC’s guidance concerning
transparent disclosure in this area, the
agencies are proposing to add two items
to Schedule RC–P in which institutions
required to complete this schedule
would report the quarter-end amount of
representation and warranty reserves for
1–4 family residential mortgage loans
sold (in domestic offices), including
those mortgage loans transferred in
securitizations accounted for as sales.
The amount of reserves for
representations and warranties made to
U.S. government agencies and
government-sponsored agencies (the
Federal National Mortgage Association
or Fannie Mae, the Federal Home Loan
Mortgage Corporation or Freddie Mac,
and the Government National Mortgage
23 The Division of Corporation Finance’s ‘‘Sample
Letter Sent to Public Companies on Accounting and
Disclosure Issues Related to Potential Risks and
Costs Associated with Mortgage and ForeclosureRelated Activities or Exposures’’ can be accessed at
https://www.sec.gov/divisions/corpfin/guidance/
cfoforeclosure1010.htm.
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Association or Ginnie Mae) would be
reported separately from the amount of
reserves for representations and
warranties made to other parties.
E. Qualified Thrift Lender Compliance
by Savings Associations
The Qualified Thrift Lender (QTL)
test has been in place for savings
associations since it was enacted as part
of the Competitive Equality Banking Act
of 1987. To be a QTL, a savings
association must either meet the Home
Owners’ Loan Act (HOLA) QTL test 24 or
the Internal Revenue Service (IRS)
Domestic Building and Loan
Association (DBLA) test.25 Under the
HOLA QTL test, a savings association
must hold ‘‘Qualified Thrift
Investments’’ equal to at least 65 percent
of its portfolio assets. To be a QTL
under the IRS DBLA test, a savings
association must meet a ‘‘business
operations test’’ and a ‘‘60 percent of
assets test.’’ A savings association may
use either test to qualify and may switch
from one test to the other. However, the
association must meet the time
requirements of the respective test,
which is nine out of the last 12 months
for the HOLA QTL test or the taxable
year (which may be either a calendar or
fiscal year) for the IRS DBLA test. A
savings association that fails to meet the
QTL requirements is subject to certain
restrictions, including limits on
activities, branching, and dividends.
Through year-end 2011, savings
associations will report data on either
the HOLA QTL test or the IRS DBLA
test, as appropriate, in TFR Schedule SI,
Consolidated Supplemental
Information. To enable the agencies to
continue to monitor savings
associations’ QTL compliance after yearend 2011 when these institutions will
no longer file the TFR, the agencies are
proposing to add two new items to Call
Report Schedule RC–M, Memoranda,
effective March 31, 2012, that would be
completed by savings associations. In
the first item, a savings association
would identify whether it uses the
HOLA QTL test or the IRS DBLA test to
determine its QTL compliance. The
second item would be a yes/no question
that would ask whether the savings
association has been in compliance with
either the HOLA QTL test as of each
month end during the quarter or the IRS
DBLA test for its most recent taxable
year.
Under Section 10(l) of the HOLA, 12
U.S.C. 1467a(l), a state savings bank or
cooperative bank is permitted, upon
application, to be deemed a savings
24 12
25 26
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association for purposes of holding
company regulation if it is determined
that the bank is a QTL. That section also
addresses such a bank’s failure to
maintain its status as a QTL. State
savings banks and cooperative banks
that have been deemed savings
associations pursuant to 12 U.S.C.
1467a(l) have not been required to
report on their QTL compliance in the
Call Report. Nevertheless, the agencies
propose that state savings banks and
cooperative banks that have elected to
be treated as savings associations also
should be required to complete the two
QTL items proposed to be added to the
Call Report effective March 31, 2012.
F. Leverage Ratio Denominator
Banks currently calculate the
denominator of the leverage ratio in
items 22 through 27 of Call Report
Schedule RC–R, Regulatory Capital.
Under the regulatory capital standards
applicable to banks, this denominator
uses average total assets (as reported in
item 9 of Schedule RC–K, Quarterly
Averages) as the starting point,26 which
banks report in Schedule RC–R, item 22.
Disallowed assets and other deductions
are then subtracted from average total
assets in items 23 through 26 of
Schedule RC–R, resulting in the
reporting of the amount of average total
assets for leverage capital purposes, i.e.,
the leverage ratio denominator, in item
27 of Schedule RC–R.
However, savings associations use
quarter-end total assets as the starting
point for the leverage ratio denominator
under the regulatory capital standards
applicable to such institutions.27 The
quarter-end total assets are then
adjusted by subtracting disallowed
assets and other deductions and adding
the prorated assets of certain
‘‘includable subsidiaries’’ to arrive at
the amount of adjusted total assets for
leverage capital purposes, i.e., the
leverage ratio denominator.
To accommodate the calculation of
the leverage ratio denominator by
savings associations in Schedule RC–R,
items 22 through 27, when such
institutions begin filing the Call Report,
the agencies are proposing to modify
items 22 and 26 of Schedule RC–R
effective as of the March 31, 2012,
report date. The instructions for
Schedule RC–R, item 22, would
continue to advise banks to report their
average total assets from Schedule RC–
K, item 9, but would be revised to
further state that savings associations
should report their total assets from the
Call Report balance sheet, Schedule RC,
26 See,
27 12
for example, 12 CFR 325.2(x).
CFR 167.1.
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item 12. The caption for Schedule RC–
R, item 22, would be revised to read
‘‘Total assets (for banks, average total
assets from Schedule RC–K, item 9; for
savings associations, total assets from
Schedule RC, item 12).’’ Because
savings associations may have additions
to and deductions from their total assets
when calculating the leverage ratio
denominator that are not captured by
existing items 23 through 25 of
Schedule RC–R, item 26 of the schedule
would be changed from ‘‘LESS: Other
deductions from assets for leverage
capital purposes’’ to ‘‘Other additions to
(deductions from) assets for leverage
capital purposes.’’ The existing
instructions for item 26 would be
revised to cover adjustments that
savings associations need to make to
total assets but are not reported in items
23 through 25 of Schedule RC–R, such
as the deduction of assets of
‘‘nonincludable’’ subsidiaries and the
addition of the prorated assets of
unconsolidated ‘‘includable’’
subsidiaries.
G. Call Report Instructional Revisions
1. Specific Valuation Allowances at
Savings Associations
Savings associations that currently
file a TFR may create a ‘‘specific
valuation allowance’’ (SVA) in lieu of
taking a charge-off to record the loss
associated with a loan when the
institution determines that it is likely
that the amount of the loss classification
will change due to market conditions.
The use of an SVA allows a savings
association to reduce or increase the
amount of the SVA as market conditions
change. When a charge-off is taken,
however, the only way an institution
can record a reduction in the previously
recognized loss is through an actual
cash recovery. A savings association is
not permitted to use an SVA in lieu of
a charge-off when it classifies certain
credits as loss such as unsecured loans,
consumer loans, and credit cards, and in
instances where the collateral
underlying a secured loan will likely be
acquired through foreclosure or
repossession. In those cases, only a
charge-off is appropriate.
As previously stated, savings
associations will be required to file the
Call Report beginning with the March
31, 2012, reporting period (unless an
institution elects to begin filing the Call
Report before that report date). Once
savings associations begin to file the
Call Report, they will be required to
follow Call Report instructions and the
agencies’ policies regarding loss
classifications, which would require a
charge-off for all confirmed losses and
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72043
would not allow the creation or use of
an SVA as described above. Therefore,
the use of SVAs will not be permitted
for any savings association after
December 31, 2011. The agencies will
issue additional supplemental guidance
to explain how any existing SVAs
should be treated for Call Report
purposes when an institution no longer
files the TFR.
2. Reporting the Number of Deposit
Accounts in Schedule RC–O
In Memorandum item 1 of Schedule
RC–O, Other Data for Deposit Insurance
and FICO Assessments, institutions
report the amount and number of
deposit accounts with balances of
$250,000 or less and with balances of
more than $250,000, which is the
current deposit insurance limit (except,
temporarily, for noninterest-bearing
transaction accounts). The instructions
for Memorandum item 1 discuss the
reporting of brokered certificates of
deposit issued in $1,000 amounts under
a master certificate of deposit to a
deposit broker in an amount that
exceeds $250,000. Purchases of multiple
$1,000 units in a master certificate of
deposit by an individual depositor
normally do not exceed the $250,000
deposit insurance limit, but current
deposit insurance rules do not require
the deposit broker to routinely provide
information on the individual
purchasers and their account ownership
to the institution that issued the master
certificate. If this information is not
readily available to the issuing
institution, the instructions for
Memorandum item 1 indicate that these
master certificates of deposit may be
rebuttably presumed to be fully insured
and should be reported as deposit
accounts of $250,000 or less. A similar
rebuttable presumption and reporting
guidance applies to brokered deposits in
the form of master transaction accounts
or money market deposit accounts
denominated in units of $0.01 that are
established and maintained by a deposit
broker in a fiduciary capacity for the
broker’s customers. The instructions for
Memorandum item 1 also state that time
deposits issued to deposit brokers in the
form of certificates of deposit of
$250,000 or more that have been
participated out by the broker in shares
of $250,000 or less should be reported
as deposit accounts of $250,000 or less.
Although the reporting of these
master brokered deposits as deposit
accounts of $250,000 or less is
addressed in the instructions for
Memorandum item 1, the instructions
do not explain how to treat these
brokered deposits for purposes of
reporting the number of deposit
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accounts. As a consequence, some
institutions are counting each $1,000
unit in a master brokered certificate of
deposit and each $0.01 unit in a master
transaction or money market deposit
account as a separate account. This
reporting method leads to an
overstatement of the actual number of
deposit accounts. For example, an
institution following this reporting
method that has issued a $10 million
master brokered certificate of deposit
would report this certificate as
representing 10,000 accounts, when the
institution’s records reflect the existence
of only a single account.
Accordingly, the agencies are
proposing to revise the instructions for
Schedule RC–O, Memorandum item 1,
to explain that an institution that has
issued a master brokered certificate of
deposit or a master transaction or
money market deposit account with a
balance in excess of $250,000 to which
the rebuttable presumption that the
balance is fully insured applies should
count each such master certificate or
account as one account, not as multiple
accounts. This would also apply to
brokered certificates of deposit of
$250,000 or more that have been
participated out by the broker in shares
of $250,000 or less.
3. Capital Contributions in the Form of
Cash or Notes Receivable
The agencies often receive questions
about capital contributions in the form
of a note receivable. The capital
contribution may involve a sale of
capital stock or a contribution to
additional paid-in capital (surplus) that
often takes place, or is expected to take
place, at or shortly before a quarter-end
report date. In other cases, capital
contributions are in the form of cash,
with some occurring before quarter-end
and others occurring after quarter-end.
The regulatory reporting issue that
arises with respect to these capital
contributions is when and under what
circumstances can they be reflected as
an increase in the amount of equity
capital reported on the balance sheet
and thereby be included in regulatory
capital.
Although the accounting for capital
contributions is not currently addressed
in the Call Report instructions,
institutions are expected to report
capital contributions in their Call
Reports in accordance with generally
accepted accounting principles (GAAP).
In summary, capital contributions in the
form of cash are appropriately
recognized in equity capital on the
balance sheet when received. Capital
contributions in the form of a note
receivable, executed prior to quarter-
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16:00 Nov 18, 2011
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end, increase an institution’s equity
capital at quarter-end only when the
note is collected prior to issuance of the
institution’s financial statements
(including its Call Report) for that
quarter. To provide guidance to
institutions and examiners on the
appropriate reporting of these capital
contributions, the agencies are
proposing to add the following new
Glossary entry to the Call Report
instructions.
Capital Contributions of Cash and
Notes Receivable: An institution may
receive cash or a note receivable as a
contribution to its equity capital. The
transaction may be a sale of capital
stock or a contribution to paid-in capital
(surplus), both of which are referred to
hereafter as capital contributions. The
accounting for capital contributions in
the form of notes receivable is set forth
in ASC Subtopic 505–10, Equity—
Overall (formerly EITF Issue No. 85–1,
‘‘Classifying Notes Received for Capital
Stock’’) and SEC Staff Accounting
Bulletin No. 107 (Topic 4.E.,
Receivables from Sale of Stock, in the
Codification of Staff Accounting
Bulletins). This Glossary entry does not
address other forms of capital
contributions, for example,
nonmonetary contributions to equity
capital such as a building.
A capital contribution of cash should
be recorded in an institution’s financial
statements and Consolidated Reports of
Condition and Income when received.
Therefore, a capital contribution of cash
prior to a quarter-end report date should
be reported as an increase in equity
capital in the institution’s reports for
that quarter (in Schedule RI–A, item 5
or 11, as appropriate). A contribution of
cash after quarter-end should not be
reflected as an increase in the equity
capital of an earlier reporting period.
When an institution receives a note
receivable rather than cash as a capital
contribution, ASC Subtopic 505–10
states that it is generally not appropriate
to report the note as an asset. As a
consequence, the predominant practice
is to offset the note and the capital
contribution in the equity capital
section of the balance sheet, i.e., the
note receivable is reported as a
reduction of equity capital. In this
situation, the capital stock issued or the
contribution to paid-in capital should be
reported in Schedule RC, item 23, 24, or
25, as appropriate, and the note
receivable should be reported as a
deduction from equity capital in
Schedule RC, item 26.c, ‘‘Other equity
capital components.’’ No net increase in
equity capital should be reported in
Schedule RI–A, Changes in Bank Equity
Capital. In addition, when a note
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receivable is offset in the equity capital
section of the balance sheet, accrued
interest receivable on the note also
should be offset in equity (and reported
as a deduction from equity capital in
Schedule RC, item 26.c), consistent with
the guidance in ASC Subtopic 505–10.
Because a nonreciprocal transfer from
an owner or another party to an
institution does not typically result in
the recognition of income or expense,
the accrual of interest on a note
receivable that has been reported as a
deduction from equity capital should be
reported as additional paid-in capital
rather than interest income.
However, ASC Subtopic 505–10
provides that an institution may record
a note received as a capital contribution
as an asset, rather than a reduction of
equity capital, only if the note is
collected in cash ‘‘before the financial
statements are issued.’’ The note
receivable must also satisfy the
existence criteria described below.
When these conditions are met, the note
receivable should be reported separately
from an institution’s other loans and
receivables in Schedule RC–F, item 6,
‘‘All other assets,’’ and individually
itemized and described in accordance
with the instructions for item 6, if
appropriate.
For purposes of these reports, the
financial statements are considered
issued at the earliest of the following
dates:
(1) The submission deadline for the
Consolidated Reports of Condition and
Income (30 calendar days after the
quarter-end report date, except for an
institution that has more than one
foreign office, other than a ‘‘shell’’
branch or an International Banking
Facility, for which the deadline is 35
calendar days after quarter-end);
(2) Any other public financial
statement filing deadline to which the
institution or its parent holding
company is subject; or
(3) The actual filing date of the
institution’s public financial reports,
including the filing of its Consolidated
Reports of Condition and Income or a
public securities filing by the institution
or its parent holding company.
To be reported as an asset, rather than
a reduction of equity capital, as of a
quarter-end report date, a note received
as a capital contribution (that is
collected in cash as described above)
must meet the definition of an asset
under generally accepted accounting
principles by satisfying all of the
following existence criteria:
(1) There must be written
documentation providing evidence that
the note was contributed to the
institution prior to the quarter-end
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report date by those with authority to
make such a capital contribution on
behalf of the issuer of the note (e.g., if
the contribution is by the institution’s
parent holding company, those in
authority would be the holding
company’s board of directors or its chief
executive officer or chief financial
officer);
(2) The note must be a legally binding
obligation of the issuer to fund a fixed
and determinable amount by a specified
date; and
(3) The note must be executed and
enforceable before quarter-end.
Although an institution’s parent
holding company may have a general
intent to, or may have entered into a
capital maintenance agreement with the
institution that calls for it to, maintain
the institution’s capital at a specified
level, this general intent or agreement
alone would not constitute evidence
that a note receivable existed at quarterend. Furthermore, if a note receivable
for a capital contribution obligates the
note issuer to pay a variable amount, the
institution must offset the note and
equity capital. Similarly, an obligor’s
issuance of several notes having fixed
face amounts, taken together, would be
considered a single note receivable
having a variable payment amount,
which would require all the notes to be
offset in equity capital as of the quarterend report date.
Request for Comment
Public comment is requested on all
aspects of this joint notice. Comments
are invited on:
(a) Whether the proposed revisions to
the collections of information that are
the subject of this notice are necessary
for the proper performance of the
agencies’ functions, including whether
the information has practical utility;
(b) The accuracy of the agencies’
estimates of the burden of the
information collections as they are
proposed to be revised, including the
validity of the methodology and
assumptions used;
(c) Ways to enhance the quality,
utility, and clarity of the information to
be collected;
(d) Ways to minimize the burden of
information collections on respondents,
including through the use of automated
collection techniques or other forms of
information technology; and
(e) Estimates of capital or start up
costs and costs of operation,
maintenance, and purchase of services
to provide information.
Comments submitted in response to
this joint notice will be shared among
the agencies. All comments will become
a matter of public record.
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16:00 Nov 18, 2011
Jkt 226001
Dated: November 10, 2011.
Michele Meyer,
Assistant Director, Legislative and Regulatory
Activities Division, Office of the Comptroller
of the Currency.
Board of Governors of the Federal Reserve
System, November 14, 2011.
Robert deV. Frierson,
Deputy Secretary of the Board.
Dated at Washington, DC, this 10th day of
November 2011.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2011–29951 Filed 11–18–11; 8:45 am]
BILLING CODE 4810–33–P; 6210–01–P; 6714–01–P
72045
Approved: November 14, 2011.
Eric K. Shinseki,
Secretary of Veterans Affairs.
[FR Doc. 2011–30033 Filed 11–18–11; 8:45 am]
BILLING CODE 8320–01–P
DEPARTMENT OF VETERANS
AFFAIRS
Enhanced-Use Lease (EUL) of
Department of Veterans Affairs (VA)
Real Property for the Development of
a Permanent and Transitional Housing
Facility in Dayton, OH
AGENCY:
Department of Veterans Affairs.
Notice of Intent to Enter into an
Enhanced-Use Lease (EUL).
ACTION:
DEPARTMENT OF VETERANS
AFFAIRS
Enhanced-Use Lease (EUL) of
Department of Veterans Affairs (VA)
Real Property for the Development of
Permanent Housing in Augusta, GA
AGENCY:
Department of Veterans Affairs.
Notice of intent to enter into an
Enhanced-Use Lease (EUL).
ACTION:
The Secretary of VA intends
to enter into an EUL for an
approximately 2.0-acre parcel of land
and a vacant building at the Charlie
Norwood VA Medical Center (Uptown
Division) in Augusta, Georgia. As
consideration, the selected lessee will
be required to finance, design, develop,
construct, maintain and operate the EUL
development. The lessee will also be
required to provide preference and
priority placement for Veterans at risk
for homelessness, and provide on-site
supportive services.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Edward Bradley, Office of Asset
Enterprise Management (044),
Department of Veterans Affairs, 810
Vermont Avenue NW., Washington, DC
20420, (202) 461–7778 (this is not a tollfree number).
Title 38
U.S.C. 8161 et seq. states that the
Secretary may enter into an enhanceduse lease if he determines that
implementation of a business plan
proposed by the Under Secretary for
Health for applying the consideration
under such a lease for the provision of
medical care and services would result
in a demonstrable improvement of
services to eligible Veterans in the
geographic service-delivery area within
which the property is located. This
project meets this requirement.
SUPPLEMENTARY INFORMATION:
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The Secretary of VA intends
to enter into an EUL on an
approximately 14-acre parcel of land at
the Dayton VA Medical Center in
Dayton, Ohio. As consideration for the
lease, the lessee will be required to
construct, operate, and maintain a
permanent and transitional housing
development. The lessee will also be
required to give preference and priority
placement for homeless, at-risk,
disabled, and senior Veterans and their
families and provide on-site supportive
services.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Edward Bradley, Office of Asset
Enterprise Management (044),
Department of Veterans Affairs, 810
Vermont Avenue NW., Washington, DC
20420, (202) 461–7778 (this is not a tollfree number).
Title 38
U.S.C. 8161 et seq. states that the
Secretary may enter into an enhanceduse lease if he determines that
implementation of a business plan
proposed by the Under Secretary for
Health for applying the consideration
under such a lease for the provision of
medical care and services would result
in a demonstrable improvement of
services to eligible Veterans in the
geographic service-delivery area within
which the property is located. This
project meets this requirement.
SUPPLEMENTARY INFORMATION:
Approved: November 14, 2011.
Eric K. Shinseki,
Secretary of Veterans Affairs.
[FR Doc. 2011–30029 Filed 11–18–11; 8:45 am]
BILLING CODE 8320–01–P
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Agencies
[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Notices]
[Pages 72035-72045]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29951]
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
Office of the Comptroller of the Currency
FEDERAL RESERVE SYSTEM
FEDERAL DEPOSIT INSURANCE CORPORATION
Proposed Agency Information Collection Activities; Comment
Request
AGENCY: Office of the Comptroller of the Currency (OCC), Treasury;
Board of Governors of the Federal Reserve System (Board); and Federal
Deposit Insurance Corporation (FDIC).
ACTION: Joint notice and request for comment.
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of the Paperwork Reduction
Act (PRA) of 1995 (44 U.S.C. chapter 35), the OCC, the Board, and the
FDIC (the ``agencies'') may not conduct or sponsor, and the respondent
is not required to respond to, an information collection unless it
displays a currently valid Office of Management and Budget (OMB)
control number. The Federal Financial Institutions Examination Council
(FFIEC), of which the agencies are members, has approved the agencies'
publication for public comment of a proposal to extend, with revision,
the Consolidated Reports of Condition and Income (Call Report), which
are currently approved collections of information. The proposed new
data items would be added to the Call Report as of the June 30, 2012,
report date, except for two proposed revisions that would take effect
March 31, 2012, in connection with the initial filing of Call Reports
by savings associations. In addition, proposed instructional changes
would take effect March 31, 2012. At the end of the comment period, the
comments and recommendations received will be analyzed to determine the
extent to which the FFIEC and the agencies should modify the proposed
revisions prior to giving final approval. The agencies will then submit
the revisions to OMB for review and approval.
DATES: Comments must be submitted on or before January 20, 2012.
ADDRESSES: Interested parties are invited to submit written comments to
any or all of the agencies. All comments, which should refer to the OMB
control number(s), will be shared among the agencies.
OCC: You should direct all written comments to: Communications
Division, Office of the Comptroller of
[[Page 72036]]
the Currency, Mailstop 2-3, Attention: 1557-0081, 250 E Street SW.,
Washington, DC 20219. In addition, comments may be sent by fax to (202)
874-5274, or by electronic mail to regs.comments@occ.treas.gov. You may
personally inspect and photocopy comments at the OCC, 250 E Street SW.,
Washington, DC 20219. For security reasons, the OCC requires that
visitors make an appointment to inspect comments. You may do so by
calling (202) 874-4700. Upon arrival, visitors will be required to
present valid government-issued photo identification and to submit to
security screening in order to inspect and photocopy comments.
Board: You may submit comments, which should refer to
``Consolidated Reports of Condition and Income (FFIEC 031 and 041),''
by any of the following methods:
Agency Web Site: https://www.federalreserve.gov. Follow the
instructions for submitting comments at: https://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Email: regs.comments@federalreserve.gov. Include reporting
form number in the subject line of the message.
FAX: (202) 452-3819 or (202) 452-3102.
Mail: Jennifer J. Johnson, Secretary, Board of Governors
of the Federal Reserve System, 20th Street and Constitution Avenue NW.,
Washington, DC 20551.
All public comments are available from the Board's web Site at https://www.federalreserve.gov/generalinfo/foia/ProposedRegs.cfm as submitted,
unless modified for technical reasons. Accordingly, your comments will
not be edited to remove any identifying or contact information. Public
comments may also be viewed electronically or in paper in Room MP-500
of the Board's Martin Building (20th and C Streets NW.) between 9 a.m.
and 5 p.m. on weekdays.
FDIC: You may submit comments, which should refer to ``Consolidated
Reports of Condition and Income, 3064-0052,'' by any of the following
methods:
Agency Web Site:https://www.fdic.gov/regulations/laws/federal/propose.html. Follow the instructions for submitting comments
on the FDIC Web site.
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Email: comments@FDIC.gov. Include ``Consolidated Reports
of Condition and Income, 3064-0052'' in the subject line of the
message.
Mail: Gary A. Kuiper, (202) 898-3877, Counsel, Attn:
Comments, Room F-1086, Federal Deposit Insurance Corporation, 550 17th
Street NW., Washington, DC 20429.
Hand Delivery: Comments may be hand delivered to the guard
station at the rear of the 550 17th Street Building (located on F
Street) on business days between 7 a.m. and 5 p.m.
Public Inspection: All comments received will be posted without
change to https://www.fdic.gov/regulations/laws/federal/propose.html
including any personal information provided. Comments may be inspected
at the FDIC Public Information Center, Room E-1002, 3501 Fairfax Drive,
Arlington, VA 22226, between 9 a.m. and 5 p.m. on business days.
Additionally, commenters may send a copy of their comments to the
OMB desk officer for the agencies by mail to the Office of Information
and Regulatory Affairs, U.S. Office of Management and Budget, New
Executive Office Building, Room 10235, 725 17th Street NW., Washington,
DC 20503, or by fax to (202) 395-6974.
FOR FURTHER INFORMATION CONTACT: For further information about the
revisions discussed in this notice, please contact any of the agency
clearance officers whose names appear below. In addition, copies of the
Call Report forms can be obtained at the FFIEC's web site (https://www.ffiec.gov/ffiec_report_forms.htm).
OCC: Mary Gottlieb, OCC Clearance Officer, (202) 874-5090, Legislative
and Regulatory Activities Division, Office of the Comptroller of the
Currency, 250 E Street SW., Washington, DC 20219.
Board: Cynthia Ayouch, Federal Reserve Board Clearance Officer, (202)
452-3829, Division of Research and Statistics, Board of Governors of
the Federal Reserve System, 20th and C Streets NW., Washington, DC
20551. Telecommunications Device for the Deaf (TDD) users may call
(202) 263-4869.
FDIC: Gary A. Kuiper, Counsel, (202) 898-3877, Legal Division, Federal
Deposit Insurance Corporation, 550 17th Street NW., Washington, DC
20429.
SUPPLEMENTARY INFORMATION: The agencies are proposing to revise and
extend for three years the Call Report, which is currently an approved
collection of information for each agency.
Report Title: Consolidated Reports of Condition and Income (Call
Report).
Form Number: Call Report: FFIEC 031 (for banks with domestic and
foreign offices) and FFIEC 041 (for banks with domestic offices only).
Frequency of Response: Quarterly.
Affected Public: Business or other for-profit.
OCC:
OMB Number: 1557-0081.
Estimated Number of Respondents: 2,035 (1,399 national banks and
636 federal savings associations).
Estimated Time per Response: National banks: 53.96 burden hours per
quarter to file.
Federal savings associations: 54.48 burden hours per quarter to file
and 188 burden hours for the first year to convert systems and conduct
training.
Estimated Total Annual Burden: National banks: 301,960 burden hours
to file.
Federal savings associations: 138,597 burden hours to file plus 119,568
burden hours for the first year to convert systems and conduct
training.
Total: 560,125 burden hours.
Board:
OMB Number: 7100-0036.
Estimated Number of Respondents: 827 state member banks.
Estimated Time per Response: 56.06 burden hours per quarter to
file.
Estimated Total Annual Burden: 185,446 burden hours.
FDIC:
OMB Number: 3064-0052.
Estimated Number of Respondents: 4,630 (4,570 insured state
nonmember banks and 60 state savings associations).
Estimated Time per Response:
State nonmember banks: 40.85 burden hours per quarter to file.
State savings associations: 40.88 burden hours per quarter to file and
188 burden hours for the first year to convert systems and conduct
training.
Estimated Total Annual Burden:
State nonmember banks: 746,738 burden hours to file.
State savings associations: 9811 burden hours to file plus 11,280
burden hours for the first year to convert systems and conduct
training.
Total: 767,829 burden hours.
The estimated time per response for the quarterly filings of the
Call Report is an average that varies by agency because of differences
in the composition of the institutions under each agency's supervision
(e.g., size distribution of institutions, types of activities in which
they are engaged, and existence of foreign offices). The average
reporting burden for the filing of the Call Report is estimated to
range from 17 to 715 hours per quarter,
[[Page 72037]]
depending on an individual institution's circumstances. The initial
burden arising from implementing any recordkeeping and systems changes
necessary to enable institutions to report the new Call Report data
that are the subject of this proposal will also vary across
institutions depending on their circumstances. Given the reporting
thresholds that apply to certain proposed revisions and the specialized
nature of other proposed revisions, the smallest institutions are not
likely to be affected by the proposed reporting changes. Based on the
size distribution of the more than 7,600 institutions that will be
filing Call Reports in 2012, the average initial burden of the proposed
revisions per institution is expected to be limited. The agencies
invite institutions to comment on the initial burden of implementing
the revisions discussed below in this proposal.
As approved by OMB, savings associations will convert from filing
the Thrift Financial Report (TFR) (OMB Number: 1550-0023) to filing the
Call Report effective as of the March 31, 2012, report date (unless an
institution elects to begin filing the Call Report before that report
date).\1\ Thus, savings associations will incur an initial burden of
converting systems and training staff to prepare and file the Call
Report in place of the TFR. Accordingly, the burden estimates above in
this notice for savings associations also include the time to convert
to filing the Call Report, including necessary systems changes and
training staff on Call Report preparation and filing, which is
estimated to average 188 hours per savings association.
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\1\ See 76 FR 39981, July 7, 2011, at https://www.ffiec.gov/pdf/FFIEC_forms/FFIEC031_FFIEC041_20110707_ffr.pdf and the Office of
Thrift Supervision's CEO Letter 391 dated July 7, 2011, at
https://www.ots.treas.gov/_files/25391.pdf.
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As a general statement, larger savings associations and those with
more complex operations would expend a greater number of hours than
smaller savings associations and those with less complex operations. A
savings association's use of service providers for the information and
accounting support of key functions, such as credit processing,
transaction processing, deposit and customer information, general
ledger, and reporting should result in lower burden hours for
converting to the Call Report. Savings associations with staff having
experience in preparing and filing the Call Report should incur lower
initial burden hours for converting to the Call Report from the TFR.
For further information about the estimated initial burden hours for
savings associations' conversion to the Call Report from the TFR, see
76 FR 39986, July 7, 2011.
Type of Review: Revision and extension of currently approved
collections.
General Description of Reports
These information collections are mandatory: 12 U.S.C. 161 (for
national banks), 12 U.S.C. 324 (for state member banks), 12 U.S.C. 1817
(for insured state nonmember commercial and savings banks), and 12
U.S.C. 1464 (for federal and state savings associations). At present,
except for selected data items, these information collections are not
given confidential treatment.
Abstract
Institutions submit Call Report data to the agencies each quarter
for the agencies' use in monitoring the condition, performance, and
risk profile of individual institutions and the industry as a whole.
Call Report data provide the most current statistical data available
for evaluating institutions' corporate applications, for identifying
areas of focus for both on-site and off-site examinations, and for
monetary and other public policy purposes. The agencies use Call Report
data in evaluating interstate merger and acquisition applications to
determine, as required by law, whether the resulting institution would
control more than ten percent of the total amount of deposits of
insured depository institutions in the United States. Call Report data
are also used to calculate institutions' deposit insurance and
Financing Corporation assessments and national banks' and federal
savings associations' semiannual assessment fees.
Current Actions
I. Overview
The agencies are proposing to implement a limited number of
revisions to the Call Report requirements in 2012. These changes, which
are discussed in detail in Sections II.A through II.G of this notice,
are intended to provide data needed for reasons of safety and soundness
or other public purposes. The proposed new data items would be added to
the Call Report as of the June 30, 2012, report date, except for two
proposed revisions that would take effect March 31, 2012, in connection
with the initial filing of Call Reports by savings associations. These
proposed new data items, which are focused primarily on institutions
with $1 billion or more in total assets, would assist the agencies in
gaining a better understanding of institutions' lending activities and
credit risk exposures, primarily through enhanced data on the
composition of the allowance for loan and lease losses (ALLL), quarter-
end loan amounts originated during the quarter, past due and nonaccrual
purchased credit-impaired loans, and representation and warranty
reserves associated with mortgage loan sales. In addition, beginning
with the March 31, 2012, report date, savings associations and certain
state savings and cooperative banks would report on their Qualified
Thrift Lender compliance in two new Call Report items and certain
existing items used in the measurement of the leverage ratio
denominator would be modified to accommodate calculations by both banks
and savings associations. The banking agencies are also proposing
certain revisions to the Call Report instructions that would take
effect March 31, 2012.
The proposed changes include:
A new Schedule RI-C, Disaggregated Data on the Allowance
for Loan and Lease Losses, in which institutions with total assets of
$1 billion or more would report a breakdown by key loan category of the
end-of-period allowance for loan and lease losses (ALLL) disaggregated
on the basis of impairment method and the end-of-period recorded
investment in held-for-investment loans and leases related to each ALLL
balance;
A new Schedule RC-U, Loan Origination Activity, in which
institutions with total assets of $300 million or more would report,
separately for several loan categories, the quarter-end amount of loans
reported in Schedule RC-C, Loans and Lease Financing Receivables, that
was originated during the quarter, and institutions with total assets
of $1 billion or more would also report for these loan categories the
portions of the quarter-end amount of loans originated during the
quarter that were (a) originated under a newly established loan
commitment and (b) not originated under a loan commitment;
New Memorandum items in Schedule RC-N, Past Due and
Nonaccrual Loans, Leases, and Other Assets, for the total outstanding
balance and related carrying amount of purchased credit-impaired loans
accounted for under ASC 310-30 that are past due 30 through 89 days and
still accruing, past due 90 days or more and still accruing, and in
nonaccrual status;
New items in Schedule RC-P, 1-4 Family Residential
Mortgage Banking Activities, in which institutions with $1 billion or
more in total assets and smaller institutions with significant mortgage
banking activities would
[[Page 72038]]
report the amount of representation and warranty reserves for 1-4
family residential mortgage loans sold (in domestic offices), with
separate disclosure of reserves for representations and warranties made
to U.S. government and government-sponsored agencies and to other
parties;
New items in Schedule RC-M, Memoranda, in which savings
associations and certain state savings and cooperative banks would
report on the test they use to determine their compliance with the
Qualified Thrift Lender requirement and whether they have remained in
compliance with this requirement.
Revisions to two existing items in Schedule RC-R,
Regulatory Capital, used in the calculation of the leverage ratio
denominator to accommodate certain differences between the regulatory
capital standards that apply to the leverage capital ratios of banks
versus savings associations.
Instructional revisions addressing the discontinued use of
specific valuation allowances by savings associations when they begin
to file the Call Report instead of the TFR beginning in March 2012; the
reporting of the number of deposit accounts of $250,000 or less in
Schedule RC-O, Other Data for Deposit Insurance and FICO Assessments,
by institutions that have issued certain brokered deposits; and the
accounting and reporting treatment for capital contributions in the
form of cash or notes receivable.
For the March 31, 2012, and June 30, 2012, report dates, as
applicable, institutions may provide reasonable estimates for any new
or revised Call Report item initially required to be reported as of
that date for which the requested information is not readily available.
The specific wording of the captions for the new or revised Call Report
data items discussed in this proposal and the numbering of these data
items should be regarded as preliminary.
II. Discussion of Proposed Call Report Revisions
A. Allowance for Loan and Leases Losses by Loan Category
In July 2010, the Financial Accounting Standards Board (FASB)
published Accounting Standards Update No. 2010-20, Disclosures about
the Credit Quality of Financing Receivables and the Allowance for
Credit Losses (ASU 2010-20), which amended Accounting Standards
Codification (ASC) Topic 310, Receivables. The main objective of the
update was to provide financial statement users with greater
transparency about an entity's allowance for credit losses and the
credit quality of its financing receivables. Examples of financing
receivables include loans, credit cards, notes receivable, and leases
(other than an operating lease). The update was intended to provide
additional information to assist financial statement users in assessing
an entity's credit risk exposures and evaluating the adequacy of its
allowance for credit losses.
To achieve its main objective, ASU 2010-20 requires, in part, that
an entity disclose by portfolio segment ``[t]he balance in the
allowance for credit losses at the end of each period disaggregated on
the basis of the entity's impairment method'' and ``[t]he recorded
investment in financing receivables at the end of each period related
to each balance in the allowance for credit losses, disaggregated * * *
in the same manner.''\2\ As defined in the ASC Master Glossary, a
portfolio segment is ``[t]he level at which an entity develops and
documents a systematic methodology to determine its allowance for
credit losses.'' For each portfolio segment, the disaggregation based
on impairment method requires separate disclosure of the allowance and
the related recorded investment amounts for financing receivables
collectively evaluated for impairment, individually evaluated for
impairment, and acquired with deteriorated credit quality.\3\ This
disaggregated disclosure requirement is effective for public entities
for the first interim or annual reporting period ending on or after
December 15, 2010, and for nonpublic entities for annual reporting
periods ending on or after December 15, 2011.
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\2\ ASC paragraphs 310-10-51-11B(g) and (h).
\3\ ASC paragraph 310-10-51-11C. Allowances for amounts
collectively evaluated for impairment are determined under ASC
Subtopic 450-20, Contingencies-Loss Contingencies (formerly FASB
Statement No. 5, ``Accounting for Contingencies''), allowances for
amounts individually evaluated for impairment are determined under
ASC Section 310-10-35, Receivables-Overall-Subsequent Measurement
(formerly FASB Statement No. 114, ``Accounting by Creditors for
Impairment of a Loan''), and allowances for loans acquired with
deteriorated credit quality are determined under ASC Subtopic 310-
30, Receivables-Loans and Debt Securities Acquired with Deteriorated
Credit Quality (formerly AICPA Statement of Position 03-3,
``Accounting for Certain Loans or Debt Securities Acquired in a
Transfer'').
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Consistent with the ASU 2010-20 disclosure requirements described
above, the agencies are proposing revisions to the June 2012 Call
Report to capture disaggregated detail of institutions' allowances for
loan and lease losses (ALLL) and related recorded investments for loans
and leases from institutions with $1 billion or more in total assets.
Disaggregated data would be reported for key loan categories for which
the recorded investments are reported in Schedule RC-C, Part I, Loans
and Leases. The agencies also propose to collect this information on
the basis of impairment method for each loan category. The agencies
believe that the use of key loan categories reported on Schedule RC-C
for the proposed new Call Report disaggregated disclosures is
consistent with the meaning of the term portfolio segment in ASU 2010-
20 and with the agencies' supervisory guidance on ALLL
methodologies.\4\ More specifically, the agencies propose to collect
from institutions with $1 billion or more in total assets disaggregated
allowance and recorded investment data on the basis of impairment
method (collectively evaluated for impairment,\5\ individually
evaluated for impairment, and acquired with deteriorated credit
quality) for the following loan categories:
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\4\ See the agencies' July 2001 ``Policy Statement on Allowance
for Loan and Lease Losses Methodologies and Documentation for Banks
and Savings Institutions'' at https://www.federalreserve.gov/boarddocs/srletters/2001/SR0117a1.pdf and their December 2006
``Interagency Policy Statement on the Allowance for Loan and Lease
Losses'' at https://www.fdic.gov/news/news/financial/2006/fil06105a.pdf.
\5\ For loans collectively evaluated for impairment, an
institution would also report the amount of any unallocated portion
of its ALLL.
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Construction, land development, and other land loans;
Revolving, open-end loans secured by 1-4 family
residential properties and extended under lines of credit;
Closed-end loans secured by 1-4 family residential
properties;
Loans secured by multifamily (5 or more) residential
properties;
Loans secured by nonfarm nonresidential properties;\6\
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\6\ The first five loan categories would be reported on a
domestic office only basis.
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Commercial and industrial loans;
Credit card loans to individuals for household, family,
and other personal expenditures;
All other loans to individuals for household, family, and
other personal expenditures; and
All other loans and all lease financing receivables.
Currently, the Call Report does not provide detail on the
components of the ALLL disaggregated by loan category in the manner
prescribed by ASU 2010-20. Rather, only the amount of the overall ALLL
is reported with separate disclosure of the total amount of the
allowance for loans acquired with deteriorated credit quality.\7\
Therefore,
[[Page 72039]]
when conducting off-site evaluations of the level of an individual
institution's overall ALLL and changes therein, examiners and agency
analysts cannot determine whether the institution is releasing loan
loss allowances in some loan categories and building allowances in
others. Collecting more detailed ALLL information would allow the
agencies to more finely focus efforts related to the ALLL and credit
risk management and, in conjunction with past due and nonaccrual data
currently reported by loan category that are used in a general
assessment of an institution's credit risk exposures, to better
evaluate the appropriateness of its ALLL. As an example, it is
currently not possible to differentiate the ALLL allocated to
commercial real estate (CRE) loans from the remainder of the ALLL at
institutions with CRE concentrations. By collecting more detailed ALLL
information, examiners and analysts would then better understand how
institutions with such concentrations are building or releasing
allowances, the extent of ALLL coverage in relation to their CRE
portfolios, and how this might differ among institutions.
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\7\ Credit card specialty banks and other institutions with a
significant volume of credit card receivables also disclose the
amount, if any, of ALLL attributable to retail credit card fees and
finance charges.
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The proposed additional detail on the composition of the ALLL by
loan category would also be useful for analysis of the depository
institution system. As of June 30, 2011, institutions with $1 billion
or more in total assets, which would report the additional detail under
this proposal, held nearly 92 percent of the ALLL balances held by all
institutions. More granular ALLL information would assist the agencies
in understanding industry trends related to the build-up or release of
allowances for specific loan categories. The information would also
support comparisons of ALLL levels by loan category, including the
identification of differences in ALLL allocations by institution size.
Understanding how institutions'ALLL practices and allocations differ
over time for particular loan categories as economic conditions change
may also provide insights that can be used to more finely tune
supervisory procedures and policies.
The agencies request comment on the degree to which the proposed
disaggregated detail of institutions' allowance balances corresponds to
institutions' current allowance methodologies, both with respect to the
key loan categories included in the proposal and the separate reporting
of allowance amounts on the basis of impairment method for each loan
category. In addition, comment is invited on the appropriateness of
including an item in the Call Report in which institutions would report
the amount of any unallocated portion of the ALLL for loans
collectively evaluated for impairment.\8\ To the extent that the
proposed Call Report information is not captured in institutions'
automated data collection systems, the agencies request comment on
institutions' ability to begin to capture this ALLL and related
recorded investment information associated with outstanding loans.
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\8\ The agencies note that the table in ASC paragraph 310-10-55-
7 illustrating the required disclosure by portfolio segment of the
end-of-period balance of the ALLL disaggregated on the basis of
impairment method and the end-of-period recorded investment in
financing receivables related to each ALLL balance includes an
unallocated portion of the ALLL.
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B. Loan Origination Data
As highlighted by the recent financial crisis and its aftermath,
the ability to assess credit availability is a key consideration for
monetary policy, financial stability, and the supervision and
regulation of the banking system. However, the information currently
available to policymakers both within and outside the agencies is
insufficient to accurately monitor the extent to which depository
institutions are providing credit to households and businesses. In its
current form, the Call Report collects data on the amount of loans to
both households and businesses that are outstanding on institutions'
books at the end of each quarter. However, the underlying flow of loan
originations cannot be deduced from these quarter-end data owing to the
myriad of factors and banking activities (other than charge-offs for
which data are reported) that routinely affect the amount of
outstanding loans held by institutions, including activities such as
loan paydowns, extensions, purchases and sales, securitizations, and
repurchases. Direct reporting of loan originations would allow the
agencies to isolate the flow of credit creation from the effects of
these other banking activities.
Economic research points to a crucial link between the availability
of credit and macroeconomic outcomes.\9\ For example, the rapid
contraction in both total loans held on institutions' balance sheets
and in credit lines held off their balance sheets in the volatile
period following the collapse of Lehman Brothers in the fall of 2008
likely contributed to the depth of the economic recession as well as to
the subsequent weakness in the recovery in economic activity. As a
result, encouraging the expansion of banking organization loan supply
was a primary goal of most of the emergency liquidity facilities
established during the height of the crisis and of the Troubled Asset
Relief Program (TARP).\10\ Likewise, numerous authors have shown a
relationship between bank lending and changes in bank capital.\11\ For
example, during the early 1990s, lending was also significantly
depressed while banks' capital cushions were being rebuilt, leading
some analysts to describe the period as a ``credit crunch'' that
resulted in a materially slower recovery in economic activity.
---------------------------------------------------------------------------
\9\ See, for example, A.K. Kashyap and J.C. Stein (2000), ``What
Do a Million Observations on Banks Say About the Transmission of
Monetary Policy,'' The American Economic Review, Vol. 90, No. 3,
pages 407-428. See also Michael Woodford, ``Financial Intermediation
and Macroeconomic Analysis,'' Journal of Economic Perspectives, Fall
2010, volume 24, issue 4, pages 21-44.
\10\ Chairman Ben S. Bernanke, ``Troubled Asset Relief Program
and the Federal Reserve's liquidity facilities,'' Testimony before
the Committee on Financial Services, U.S. House of Representatives,
November 18, 2008, at https://www.federalreserve.gov/newsevents/testimony/bernanke20081118a.htm.
\11\ See, for example, Joe Peek and Eric Rosengren (1995), ``The
Capital Crunch: Neither a Borrower nor a Lender Be,'' Journal of
Money, Credit and Banking, volume 27(3), pages 625-638, August. See
also Ben Bernanke and Cara Lown (1991), ``The Credit Crunch,''
Brookings Papers on Economic Activity, 2:1991, pages 205-239.
---------------------------------------------------------------------------
However, the lack of data on loan originations made it very
difficult for policymakers to assess the sources of the steep declines
in outstanding loans and credit lines during the recent crisis and
during the early 1990s ``credit crunch.'' In fact, a fall in
outstanding loans could be driven by reduced demand for credit, reduced
supply of credit by banking organizations, or both. Looking only at
changes in outstanding loan balances can give misleading signals and
mask important shifts in the supply of, and demand for, credit. Policy
makers may react differently in each of these cases.
The sources of loan growth--such as whether loans were made under
commitment or not under commitment--also contain important insights for
those monitoring financial stability or developing macroprudential
regulatory policies.\12\ As observed in the fall of 2008, strong loan
growth that is driven primarily by customers drawing down funds from
preexisting lending commitments can be a sign of stresses
[[Page 72040]]
in financial markets, and therefore a signal that the economy could be
slowing down. In contrast, strong growth in credit that includes robust
extensions to new customers could signal a broad pickup in demand for
financing and hence renewed economic growth, or it could suggest that
institutions have eased their lending standards. Accordingly, rapid
loan growth can be an important indicator of the safety and soundness
of individual institutions.\13\ Loan origination data, if collected
from depository institutions, would better identify when such
developments warrant greater supervisory scrutiny.
---------------------------------------------------------------------------
\12\ Moritz Schularick and Alan M. Taylor, ``Credit Booms Gone
Bust: Monetary Policy, Leverage Cycles and Financial Crises, 1870-
2008,'' 2009, National Bureau of Economic Research, Inc., NBER
Working Papers: 15512.
\13\ William R. Keeton, ``Does Faster Loan Growth Lead to Higher
Loan Losses?'' Federal Reserve Bank of Kansas City Economic Review,
2nd Quarter 1999, volume 84, issue 2, pages 57-75, and Deniz Igan
and Marcelo Pinheiro, ``Exposure to Real Estate in Bank
Portfolios,'' Journal of Real Estate Research, January-March 2010,
volume 32, issue 1, pages 47-74.
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Credit availability to small businesses is widely considered an
important driver of economic growth. As a result, the significant
contraction in business loans on institutions' books over the past
several years has generated calls from policymakers (and the public) to
better understand the credit flows of small businesses.\14\ The
collection of data on originations of loans to businesses by the size
of the original loan would provide a window into the functioning of the
important small business market.\15\
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\14\ See Federal Reserve Board, Report to Congress on the
Availability of Credit to Small Business, 2007, at https://www.federalreserve.gov/boarddocs/rptcongress/smallbusinesscredit/sbfreport2007.pdf. See also testimony before the House Financial
Services Committee (May 18, 2010) at https://cybercemetery.unt.edu/archive/cop/20110401231854/https://cop.senate.gov/documents/testimony-051810-atkins.pdf and Congressional Oversight Panel
Oversight Report, The Small Business Credit Crunch and the Impact of
the TARP (May 13, 2010), at https://cybercemetery.unt.edu/archive/cop/20110402035902/https://cop.senate.gov/documents/cop-051310-report.pdf.
\15\ The Call Report and TFR currently collect the outstanding
amount of small dollar loans to businesses and farms where, for
loans to businesses, ``small dollar'' is defined as loans (not made
under commitments) that have original amounts of $1 million or less
and draws on commitments where the total commitment amount is $1
million or less.
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In addition, if loan origination information were available, it
would also be valuable in designing, and assessing the effectiveness
of, government policies for depository institutions and other financial
markets. For instance, policymakers would be keenly attuned to whether,
and if so, to what extent, the changes to the capital and liquidity
requirements for large institutions that will be contained in
regulations implementing the Dodd-Frank Act and the international Basel
III agreement affect depository institution loan supply. Although these
new regulations would only directly affect a few dozen large banking
organizations, smaller banking organizations also may adjust their
lending policies in response to the changes at large banking
organizations.
Loan data currently available to the agencies provide insufficient
detail to accurately monitor credit creation by depository
institutions. The Call Report currently collects data on the recorded
amounts of a wide variety of loan categories in Schedule RC-C, Loans
and Lease Financing Receivables. Schedule RI-B, Part I, Charge-Offs and
Recoveries on Loans and Leases, collects the flow of gross charge-offs
and recoveries in many of the loan categories for which recorded
amounts are reported in Schedule RC-C, Part I, Loans and Leases. On
Schedule RC-P, 1-4 Family Residential Mortgage Banking Activities (in
Domestic Offices), which was added to the Call Report in 2006, certain
banks report originations and purchases of residential mortgage loans
held for sale, but not originations of loans held for investment. On
Schedule RC-S, Servicing, Securitization, and Asset Sale Activities,
banks report the outstanding principal balance of seven categories of
loans sold and securitized for which the institution has retained
servicing or has provided recourse or other credit enhancements.\16\
For these same seven loan categories, banks also report the unpaid
principal balance of loans they have sold (not in securitizations) with
recourse or other seller-provided credit enhancements. No data exist
for those loans banks have sold without recourse or seller-provided
credit enhancements when servicing has not been retained.
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\16\ The seven categories are (1) 1-4 family residential
mortgages, (2) home equity loans, (3) credit card loans, (4) auto
loans, (5) other consumer loans, (6) commercial and industrial
loans, and (7) all other loans, all leases, and all other assets
(commercial real estate loans, for example, are subsumed in this
category).
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In contrast, savings associations currently report data on loan
originations, sales, and purchases in the Thrift Financial Report
(TFR). On TFR Schedule CF, Consolidated Cash Flow Information, savings
associations report by major loan category the dollar amount of loans
that were closed or disbursed, loans and participations purchased, and
loan sales during the quarter. In addition, on TFR Schedule LD, Loan
Data, savings associations report the amount of net charge-offs,
purchases, originations, and sales of certain 1-4 family and
multifamily residential mortgages with high loan-to-value ratios.\17\
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\17\ As previously noted, savings associations will discontinue
filing the TFR after the December 31, 2011, report date, which means
that these data, as currently reported in the TFR, will no longer be
collected going forward.
---------------------------------------------------------------------------
The agencies propose to begin collecting data on loan originations
from institutions with total assets of $300 million or more because, as
outlined in detail above, this information would be of substantial
benefit in light of the fact that the data currently available for
banking organizations are inadequate for monetary policy and financial
stability regulators to monitor and analyze credit flows and because
the proposed data would support the agencies' supervisory efforts.
More specifically, for depository institutions with $300 million or
more in total assets, the agencies propose to collect quarterly
information on loan originations for several important loan categories
by introducing a new Schedule RC-U, Loan Origination Activity (in
Domestic Offices).\18\ Under this proposal, all institutions with $300
million or more in total assets would report in column A of Schedule
RC-U, for certain loan categories reported in Schedule RC-C, Loans and
Lease Financing Receivables, the quarter-end balance sheet amount for
those loans originated during the quarter that ended on the report
date.\19\ Institutions with $1 billion or more in total assets would
also report, for relevant loan categories, (1) the portion of this
quarter-end amount that was originated under a newly established
commitment \20\ (column B of Schedule RC-U) and (2) the portion that
was not originated under a commitment (column C of Schedule RC-U). In
general, the additional data that would be reported in columns B and C
of Schedule RC-U by institutions with $1 billion or more
[[Page 72041]]
in total assets represent two ways that institutions originate new
loans, both of which affect the amounts of loans on institutions'
balance sheets.
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\18\ Thus, depository institutions with less than $300 million
in total assets would be exempt from completing proposed Schedule
RC-U.
\19\ For example, a loan was originated for $120,000 during the
quarter. As a result of principal payments received during the
quarter, the recorded amount of the loan as reported on the
institution's Call Report balance sheet (Schedule RC) and in the
Call Report loan schedule (Schedule RC-C) at quarter-end was
$101,000. The institution would report the $101,000 quarter-end
recorded amount for this loan in column A of proposed Schedule RC-U.
In general, in reporting amounts in column A, if a loan origination
date is unknown, the reporting institution would be instructed to
use the date that the loan was first booked by the institution.
\20\ A newly established commitment is one for which the terms
were finalized and the commitment became available for use during
the quarter that ended on the report date. A newly established
commitment also includes a commitment that was renewed during the
quarter that ended on the report date.
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In the proposed originations schedule, all institutions with $300
million or more in total assets would report the amounts reported in
Schedule RC-C, Part I or Part II, as of the quarter-end report date
that were originated during the quarter that ended on the report date
for the following loan categories:
1-4 family residential construction loans;
Other construction loans and all land development and
other land loans;
Revolving, open-end loans secured by 1-4 family
residential properties and extended under lines of credit;
Closed-end loans secured by first liens on 1-4 family
residential properties;
Closed-end loans secured by junior liens on 1-4 family
residential properties;
Loans secured by multifamily (5 or more) residential
properties;
Loans secured by nonfarm nonresidential properties;\21\
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\21\ The first seven loan categories would be reported on a
domestic office only basis.
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Loans to commercial banks and other depository
institutions in the U.S.;
Loans to banks in foreign countries;
Loans to finance agricultural production and other loans
to farmers;
Commercial and industrial loans to U.S. addressees with
original amounts of $1,000,000 or less;
Commercial and industrial loans to U.S. addressees with
original amounts of more than $1,000,000;
Consumer credit card loans;
Consumer automobile loans;
Other consumer loans; and
Loans to nondepository financial institutions.
In addition, for each of the preceding loan categories, except as
noted below, institutions with $1 billion or more in total assets would
separately disclose the portion of the quarter-end amount of loans
originated during the quarter that was originated under a newly
established commitment and the portion that was not originated under a
commitment. Closed-end loans secured by first liens on 1-4 family
residential properties, closed-end loans secured by junior liens on 1-4
family residential properties, and consumer automobile loans would be
excluded from both of these additional disclosures. Consumer credit
card loans and revolving, open-end loans secured by 1-4 family
residential properties and extended under lines of credit would be
excluded from the disclosure of loans not originated under a commitment
because it is assumed such loans are always extended under commitment.
Loan originations that were made under a newly established
commitment or a commitment that was renewed during the quarter are
likely to more closely reflect the current lending standards and loan
terms being applied by an institution, so an expansion or contraction
in this subset of loans is indicative of current supply and demand
conditions. In this regard, research has shown that loans not made
under a commitment are more sensitive to changes in monetary policy
than loans made under a commitment.\22\ In contrast, loans drawn under
previous commitments reflect lending standards and terms that were in
place at the time the loan agreements were reached. Hence, changes in
outstanding balances associated with previously committed lines are
more indicative of demand for funds from the firms that have these
lines, as institutions are less able to ration such credit.
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\22\ Donald P. Morgan, ``The Credit Effects of Monetary Policy:
Evidence Using Loan Commitments,'' Journal of Money, Credit and
Banking, Vol. 30, No. 1 (Feb. 1998), pages 102-118.
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As mentioned above, all savings associations, many of which are
small, have for many years reported in the TFR the dollar amount of
loans that were closed or disbursed, loans and participations
purchased, and loan sales during the quarter by major loan category.
Thus, the additional reporting burden of proposed Call Report Schedule
RC-U for institutions with $300 million or more in total assets may be
manageable for such institutions. Nevertheless, because banks have not
previously been required to report data pertaining to loan originations
for Call Report purposes, the agencies recognize that institutions'
data systems may not at present be designed to identify and capture
data on loans originated during the quarter that ended on the report
date. The agencies request comment on the ability of institutions'
existing loan systems to generate the proposed data for Schedule RC-U.
If this information is not currently available, the agencies request
comment on how burdensome it would be to adapt current systems to
report the proposed origination data for Schedule RC-U. To the extent
that existing loan systems enable institutions to track data on loans
originated during the quarter by loan category in a different manner
than has been proposed, institutions are invited to suggest alternative
ways in which such origination data could be collected in the Call
Report and to explain how an alternative would meet the agencies' data
needs as described above in this section.
C. Past Due and Nonaccrual Purchased Credit-Impaired Loans
The Call Report currently collects information regarding the past
due and nonaccrual status of loans, leases, and other assets in
Schedule RC-N. To determine whether an asset is past due for purposes
of completing this schedule, an institution must look to the borrower's
performance in relation to the contractual terms of the asset. Over the
past few years, there has been a substantial increase in the amount of
assets reported in Schedule RC-N as past due 90 days or more and still
accruing. At some institutions, a large portion of this increase is
related to loans subject to the accounting requirements set forth in
ASC Subtopic 310-30, Receivables--Loans and Debt Securities Acquired
with Deteriorated Credit Quality (formerly American Institute of
Certified Public Accountants Statement of Position 03-3, ``Accounting
for Certain Loans or Debt Securities Acquired in a Transfer''), i.e.,
purchased credit-impaired loans, that were acquired in business
combinations, including acquisitions of failed institutions, and other
transactions. Loans accounted for under ASC Subtopic 310-30 are
initially recorded at their purchase price (in a business combination,
fair value). To the extent that the cash flows expected to be collected
exceed the purchase price of the loans acquired and the acquiring
institution has sufficient information to reasonably estimate the
amount and timing of these cash flows, the institution recognizes
interest income using the interest method. Otherwise, the loans should
be placed in nonaccrual status.
Because loans accounted for under ASC Subtopic 310-30 are impaired
at the time of purchase, it is possible for institutions to hold on-
balance sheet assets purchased at a deep discount that are
contractually 90 days or more past due, but on which interest is being
accrued because the amount and timing of the expected cash flows on the
assets can be reasonably estimated. Currently, insufficient information
is collected in Schedule RC-N to determine the volume of purchased
credit-impaired loans included in the loan amounts reported as ``past
due 90 days or more and still accruing'' (or reported in the other past
due and nonaccrual categories in the schedule). As the volume of assets
reported in the three past due and nonaccrual columns in Schedule RC-N
has increased at many
[[Page 72042]]
institutions that also report holdings of loans accounted for under ASC
Subtopic 310-30, the agencies cannot determine whether this growth is
due to purchased credit-impaired loans or whether the source of the
increase has been deterioration in the credit quality and performance
among the assets the institution originated (or purchased without
evidence of credit problems at acquisition). Better understanding the
source of these increases would assist the agencies in determining the
need to adjust their supervisory strategies for individual
institutions.
Because of the significant number of acquisitions by depository
institutions of loans accounted for under ASC 310-30 over the past few
years and the expected number of future acquisitions, the agencies
propose to collect additional information in Schedule RC-N to segregate
the amount of purchased credit-impaired loans that are included in the
past due and nonaccrual loans reported in this schedule. New Memorandum
items would be added to Schedule RC-N to separately collect from all
institutions the total outstanding balance of purchased credit-impaired
loans accounted for under ASC 310-30 that are past due 30 through 89
days and still accruing, past due 90 days or more and still accruing,
and in nonaccrual status. The related carrying amount of these loans
(before any post-acquisition loan loss allowances) would also be
reported by past due and nonaccrual status. This information would
mirror the data reported in Memorandum item 7, ``Purchased impaired
loans held for investment accounted for in accordance with FASB ASC
310-30,'' in Schedule RC-C, Part I. Based on the information reported
in Memorandum item 7, there are less than 300 institutions that hold
purchased credit-impaired loans and would be affected by the proposed
new Schedule RC-N Memorandum items.
D. Representation and Warranty Reserves
When institutions sell or securitize mortgage loans, they typically
make certain representations and warranties to the investors or other
purchasers of the loans at the time of the sale and to financial
guarantors of the loans sold. The specific representations and
warranties may relate to the ownership of the loan, the validity of the
lien securing the loan, and the loan's compliance with specified
underwriting standards. Under ASC Subtopic 450-20, Contingencies--Loss
Contingencies (formerly FASB Statement No. 5, ``Accounting for
Contingencies''), institutions are required to accrue loss
contingencies relating to the representations and warranties made in
connection with their mortgage securitization activities and mortgage
loan sales when it is probable that a loss has been incurred and the
amount of the loss can be reasonably estimated. In October 2010, the
Division of Corporation Finance of the Securities and Exchange
Commission (SEC) sent a letter to certain public companies reminding
them of the need to ``provide clear and transparent disclosure
regarding your obligations relating to the[se] various representations
and warranties.'' \23\ A review of a sample of disclosures about
mortgage loan representations and warranties by public banking
organizations in their SEC filings since October 2010 reveals that
these disclosures tend to distinguish between obligations to U.S.
government-sponsored entities and other parties.
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\23\ The Division of Corporation Finance's ``Sample Letter Sent
to Public Companies on Accounting and Disclosure Issues Related to
Potential Risks and Costs Associated with Mortgage and Foreclosure-
Related Activities or Exposures'' can be accessed at https://www.sec.gov/divisions/corpfin/guidance/cfoforeclosure1010.htm.
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At present, institutions with $1 billion or more in total assets
and smaller institutions with significant 1-4 family residential
mortgage banking activities are required to complete Schedule RC-P, 1-4
Family Residential Mortgage Banking Activities. These institutions
report the amount of 1-4 family residential mortgage loans previously
sold subject to an obligation to repurchase or indemnify that have been
repurchased or indemnified during the quarter. However, the amount of
representation and warranty reserves attributable to residential
mortgages as of quarter-end included in other liabilities on these
institutions' balance sheets is not separately reported in Schedule RC-
P. Accordingly, building on the SEC's guidance concerning transparent
disclosure in this area, the agencies are proposing to add two items to
Schedule RC-P in which institutions required to complete this schedule
would report the quarter-end amount of representation and warranty
reserves for 1-4 family residential mortgage loans sold (in domestic
offices), including those mortgage loans transferred in securitizations
accounted for as sales. The amount of reserves for representations and
warranties made to U.S. government agencies and government-sponsored
agencies (the Federal National Mortgage Association or Fannie Mae, the
Federal Home Loan Mortgage Corporation or Freddie Mac, and the
Government National Mortgage Association or Ginnie Mae) would be
reported separately from the amount of reserves for representations and
warranties made to other parties.
E. Qualified Thrift Lender Compliance by Savings Associations
The Qualified Thrift Lender (QTL) test has been in place for
savings associations since it was enacted as part of the Competitive
Equality Banking Act of 1987. To be a QTL, a savings association must
either meet the Home Owners' Loan Act (HOLA) QTL test \24\ or the
Internal Revenue Service (IRS) Domestic Building and Loan Association
(DBLA) test.\25\ Under the HOLA QTL test, a savings association must
hold ``Qualified Thrift Investments'' equal to at least 65 percent of
its portfolio assets. To be a QTL under the IRS DBLA test, a savings
association must meet a ``business operations test'' and a ``60 percent
of assets test.'' A savings association may use either test to qualify
and may switch from one test to the other. However, the association
must meet the time requirements of the respective test, which is nine
out of the last 12 months for the HOLA QTL test or the taxable year
(which may be either a calendar or fiscal year) for the IRS DBLA test.
A savings association that fails to meet the QTL requirements is
subject to certain restrictions, including limits on activities,
branching, and dividends.
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\24\ 12 U.S.C. 1467a(m).
\25\ 26 CFR 301.7701-13A.
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Through year-end 2011, savings associations will report data on
either the HOLA QTL test or the IRS DBLA test, as appropriate, in TFR
Schedule SI, Consolidated Supplemental Information. To enable the
agencies to continue to monitor savings associations' QTL compliance
after year-end 2011 when these institutions will no longer file the
TFR, the agencies are proposing to add two new items to Call Report
Schedule RC-M, Memoranda, effective March 31, 2012, that would be
completed by savings associations. In the first item, a savings
association would identify whether it uses the HOLA QTL test or the IRS
DBLA test to determine its QTL compliance. The second item would be a
yes/no question that would ask whether the savings association has been
in compliance with either the HOLA QTL test as of each month end during
the quarter or the IRS DBLA test for its most recent taxable year.
Under Section 10(l) of the HOLA, 12 U.S.C. 1467a(l), a state
savings bank or cooperative bank is permitted, upon application, to be
deemed a savings
[[Page 72043]]
association for purposes of holding company regulation if it is
determined that the bank is a QTL. That section also addresses such a
bank's failure to maintain its status as a QTL. State savings banks and
cooperative banks that have been deemed savings associations pursuant
to 12 U.S.C. 1467a(l) have not been required to report on their QTL
compliance in the Call Report. Nevertheless, the agencies propose that
state savings banks and cooperative banks that have elected to be
treated as savings associations also should be required to complete the
two QTL items proposed to be added to the Call Report effective March
31, 2012.
F. Leverage Ratio Denominator
Banks currently calculate the denominator of the leverage ratio in
items 22 through 27 of Call Report Schedule RC-R, Regulatory Capital.
Under the regulatory capital standards applicable to banks, this
denominator uses average total assets (as reported in item 9 of
Schedule RC-K, Quarterly Averages) as the starting point,\26\ which
banks report in Schedule RC-R, item 22. Disallowed assets and other
deductions are then subtracted from average total assets in items 23
through 26 of Schedule RC-R, resulting in the reporting of the amount
of average total assets for leverage capital purposes, i.e., the
leverage ratio denominator, in item 27 of Schedule RC-R.
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\26\ See, for example, 12 CFR 325.2(x).
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However, savings associations use quarter-end total assets as the
starting point for the leverage ratio denominator under the regulatory
capital standards applicable to such institutions.\27\ The quarter-end
total assets are then adjusted by subtracting disallowed assets and
other deductions and adding the prorated assets of certain ``includable
subsidiaries'' to arrive at the amount of adjusted total assets for
leverage capital purposes, i.e., the leverage ratio denominator.
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\27\ 12 CFR 167.1.
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To accommodate the calculation of the leverage ratio denominator by
savings associations in Schedule RC-R, items 22 through 27, when such
institutions begin filing the Call Report, the agencies are proposing
to modify items 22 and 26 of Schedule RC-R effective as of the March
31, 2012, report date. The instructions for Schedule RC-R, item 22,
would continue to advise banks to report their average total assets
from Schedule RC-K, item 9, but would be revised to further state that
savings associations should report their total assets from the Call
Report balance sheet, Schedule RC, item 12. The caption for Schedule
RC-R, item 22, would be revised to read ``Total assets (for banks,
average total assets from Schedule RC-K, item 9; for savings
associations, total assets from Schedule RC, item 12).'' Because
savings associations may have additions to and deductions from their
total assets when calculating the leverage ratio denominator that are
not captured by existing items 23 through 25 of Schedule RC-R, item 26
of the schedule would be changed from ``LESS: Other deductions from
assets for leverage capital purposes'' to ``Other additions to
(deductions from) assets for leverage capital purposes.'' The existing
instructions for item 26 would be revised to cover adjustments that
savings associations need to make to total assets but are not reported
in items 23 through 25 of Schedule RC-R, such as the deduction of
assets of ``nonincludable'' subsidiaries and the addition of the
prorated assets of unconsolidated ``includable'' subsidiaries.
G. Call Report Instructional Revisions
1. Specific Valuation Allowances at Savings Associations
Savings associations that currently file a TFR may create a
``specific valuation allowance'' (SVA) in lieu of taking a charge-off
to record the loss associated with a loan when the institution
determines that it is likely that the amount of the loss classification
will change due to market conditions. The use of an SVA allows a
savings association to reduce or increase the amount of the SVA as
market conditions change. When a charge-off is taken, however, the only
way an institution ca