12 CFR §628.23
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
The combined amount of third-party capital instruments that a System institution may include in total (tier 1 and tier 2) capital is equal to the greater of the following:
- (a)The then existing limit, if any; or
- (b)The lesser of:
- (1)Forty percent of total capital, calculated by taking two thirds of the average of the previous 4 quarters of total capital reported on the institution's Call Report filed with the FCA, less any amounts of third-party capital reported in total capital; or
- (2)The average of the previous 4 quarters of CET1 capital reported on its Call Report filed with the FCA.
- (c)Treatment of assets that are deducted. A System institution must exclude from total risk-weighted assets any item deducted from regulatory capital under this section.