12 CFR § 390.425
Delayed or continuous offering and sale of securities
November 10, 2020
Any offer or sale of securities under §390.411 may be made on a continuous or delayed basis in the future, if:
(a) The securities would satisfy all of the eligibility requirements of the Commission's Rule 415, 17 CFR 230.415; and
(b) The association issuing the securities is in compliance with the FDIC's regulatory capital requirements during the time the offering is made.