80_FR_38815 80 FR 38686 - Announcement of Financial Sector Liabilities

80 FR 38686 - Announcement of Financial Sector Liabilities

FEDERAL RESERVE SYSTEM

Federal Register Volume 80, Issue 129 (July 7, 2015)

Page Range38686-38687
FR Document2015-16658

Federal Register, Volume 80 Issue 129 (Tuesday, July 7, 2015)
[Federal Register Volume 80, Number 129 (Tuesday, July 7, 2015)]
[Notices]
[Pages 38686-38687]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16658]


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FEDERAL RESERVE SYSTEM

[Docket No. OP-1516]


Announcement of Financial Sector Liabilities

    Section 622 of the Dodd-Frank Wall Street Reform and Consumer 
Protection Act, implemented by the Board's Regulation XX, prohibits a 
merger or acquisition that would result in a financial company that 
controls more than 10 percent of the aggregate consolidated liabilities 
of all financial companies (``aggregate financial sector 
liabilities''). Specifically, an insured depository institution, a bank 
holding company, a savings and loan holding company, a foreign banking 
organization, any other company that controls an insured depository 
institution, and a nonbank financial company designated by the 
Financial Stability Oversight Council (each, a ``financial company'') 
is prohibited from merging or consolidating with, acquiring all or 
substantially all of the assets of, or acquiring control of, another 
company (``covered acquisition'') if the resulting company's 
consolidated liabilities would exceed 10 percent of the aggregate 
financial sector liabilities.\1\
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    \1\ 12 U.S.C. 1852(a)(2), (b).
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    Pursuant to Regulation XX, the Federal Reserve will publish the 
aggregate consolidated liabilities of all financial companies by July 1 
of each year. For the first period (July 1, 2015-June 30, 2016), 
aggregate financial sector liabilities is equal to the financial sector 
liabilities calculated as of December 31, 2014. For all subsequent 
periods, aggregate financial sector liabilities will equal the average 
of the financial sector liabilities as of December 31 of each of the 
preceding two calendar years.

FOR FURTHER INFORMATION CONTACT: Felton Booker, Senior Supervisory 
Financial Analyst (202) 912-4651; Sean Healey, Senior Financial 
Analyst, (202) 912-4611; Christine Graham, Counsel, (202) 452-3005; 
Matthew Suntag, Senior Attorney, (202) 452-3694; for persons who are 
deaf or hard of hearing, TTY (202) 263-4869.

Aggregate Financial Sector Liabilities

    As of December 31, 2014, aggregate financial sector liabilities is 
equal to $21,632,232,035,000. This measure is in effect from July 1, 
2015 through June 30, 2016.

Calculation Methodology

    Aggregate financial sector liabilities equals the sum of the 
financial sector liabilities of all financial companies, calculated 
using the methodology set forth in Regulation XX and summarized below.
    Financial sector liabilities of a U.S. financial company that was 
subject to consolidated risk-based capital rules as of December 31, 
2014, equals the difference between its risk-weighted assets (as 
adjusted upward to reflect amounts that are deducted from regulatory 
capital elements pursuant to the Federal banking agencies' risk-based 
capital rules) and total regulatory capital, as calculated under the 
applicable risk-based capital rules. Companies in this category include 
bank holding companies and insured depository institutions. The Federal 
Reserve used information collected on the Consolidated Financial 
Statements for Holding Companies (FR Y-9C) and the Bank Consolidated 
Reports of Condition and Income (Call Report) to calculate liabilities 
of these institutions.
    Financial sector liabilities of a U.S. financial company that was 
not subject to consolidated risk-based capital rules as of December 31, 
2014, equal liabilities calculated in accordance with applicable 
accounting standards. Companies in this category include savings and 
loan holding companies, nonbank financial companies supervised by the 
Board, bank holding companies with total consolidated assets of less 
than $1 billion, and U.S. depository institution holding companies that 
are not bank holding companies or savings and loan holding companies. 
``Applicable accounting standards'' is defined as GAAP, or such other 
accounting standard or method of estimation that the Board determines 
is appropriate.\2\ The Federal Reserve used information collected on 
the FR Y-9C, the Parent Company Only Financial Statements for Small 
Holding Companies (FR Y-9SP), and the Financial Company Report of 
Consolidated Liabilities (FR XX-1) to calculate liabilities of these 
institutions.
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    \2\ A financial company may request to use an accounting 
standard or method of estimation other than GAAP if it does not 
calculate its total consolidated assets or liabilities under GAAP 
for any regulatory purpose (including compliance with applicable 
securities laws). 12 CFR 251.3(e).
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    Section 622 provides that the financial sector liabilities of a 
``foreign financial company'' equal the risk-weighted assets and 
regulatory capital attributable to the company's ``U.S. operations.'' 
Under Regulation XX, financial sector liabilities of a foreign banking 
organization's U.S. operations are calculated using the risk-weighted 
asset methodology for subsidiaries subject to risk-based capital rules, 
and applicable accounting standards for all branches, agencies, and 
nonbank subsidiaries. Financial sector liabilities attributable to the 
U.S. operations of a foreign financial company that is not a foreign 
banking organization are calculated in a similar manner to the method 
described for foreign banking organizations, but liabilities of a U.S. 
subsidiary not subject to risk-based capital rules are calculated based 
on the U.S. subsidiary's liabilities under applicable accounting 
standards. The Federal Reserve used information collected on the 
Capital and Asset Report for Foreign Banking Organizations (FR Y-7Q) 
and the FR XX-1 to calculate liabilities of these institutions.

[[Page 38687]]

    The Board granted requests from ten financial companies to use an 
accounting standard or method of estimation other than GAAP to 
calculate liabilities. Nine of the companies were insurance companies 
that report financial information under Statutory Accounting Principles 
(``SAP''), and one was a foreign company that controls a U.S. 
industrial loan company that reports financial information under 
International Financial Reporting Standards (``IFRS''). For the 
insurance companies, the Board approved a method of estimation that was 
based on line items from SAP reports, with adjustments to reflect 
certain differences in accounting treatment between GAAP and SAP. For 
the foreign company, the Board approved the use of IFRS.

    By order of the Board of Governors of the Federal Reserve 
System, acting through the Director of the Division Banking 
Supervision and Regulation under delegated authority, July 1, 2015.
Robert deV. Frierson,
Secretary of the Board.
[FR Doc. 2015-16658 Filed 7-6-15; 8:45 am]
BILLING CODE 6210-01-P



                                              38686                            Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices

                                              FEDERAL DEPOSIT INSURANCE                                company, a foreign banking                                  Reserve used information collected on
                                              CORPORATION                                              organization, any other company that                        the Consolidated Financial Statements
                                                                                                       controls an insured depository                              for Holding Companies (FR Y–9C) and
                                              Notice to All Interested Parties of the                  institution, and a nonbank financial                        the Bank Consolidated Reports of
                                              Termination of the Receivership of                       company designated by the Financial                         Condition and Income (Call Report) to
                                              10108, First Coweta Bank, Newnan, GA                     Stability Oversight Council (each, a                        calculate liabilities of these institutions.
                                                                                                       ‘‘financial company’’) is prohibited from                      Financial sector liabilities of a U.S.
                                                 Notice is hereby given that the Federal               merging or consolidating with,                              financial company that was not subject
                                              Deposit Insurance Corporation (‘‘FDIC’’)                 acquiring all or substantially all of the                   to consolidated risk-based capital rules
                                              as Receiver for First Coweta Bank, (‘‘the                assets of, or acquiring control of,                         as of December 31, 2014, equal
                                              Receiver’’) intends to terminate its                     another company (‘‘covered                                  liabilities calculated in accordance with
                                              receivership for said institution. The                   acquisition’’) if the resulting company’s                   applicable accounting standards.
                                              FDIC was appointed receiver of First                     consolidated liabilities would exceed 10                    Companies in this category include
                                              Coweta Bank on August 21, 2009. The                      percent of the aggregate financial sector                   savings and loan holding companies,
                                              liquidation of the receivership assets                   liabilities.1                                               nonbank financial companies
                                              has been completed. To the extent                           Pursuant to Regulation XX, the                           supervised by the Board, bank holding
                                              permitted by available funds and in                      Federal Reserve will publish the                            companies with total consolidated
                                              accordance with law, the Receiver will                   aggregate consolidated liabilities of all                   assets of less than $1 billion, and U.S.
                                              be making a final dividend payment to                    financial companies by July 1 of each                       depository institution holding
                                              proven creditors.                                        year. For the first period (July 1, 2015–                   companies that are not bank holding
                                                 Based upon the foregoing, the                         June 30, 2016), aggregate financial sector                  companies or savings and loan holding
                                              Receiver has determined that the                         liabilities is equal to the financial sector                companies. ‘‘Applicable accounting
                                              continued existence of the receivership                  liabilities calculated as of December 31,                   standards’’ is defined as GAAP, or such
                                              will serve no useful purpose.                            2014. For all subsequent periods,                           other accounting standard or method of
                                              Consequently, notice is given that the                   aggregate financial sector liabilities will                 estimation that the Board determines is
                                              receivership shall be terminated, to be                  equal the average of the financial sector                   appropriate.2 The Federal Reserve used
                                              effective no sooner than thirty days after               liabilities as of December 31 of each of                    information collected on the FR Y–9C,
                                              the date of this Notice. If any person                   the preceding two calendar years.                           the Parent Company Only Financial
                                              wishes to comment concerning the                         FOR FURTHER INFORMATION CONTACT:                            Statements for Small Holding
                                              termination of the receivership, such                    Felton Booker, Senior Supervisory                           Companies (FR Y–9SP), and the
                                              comment must be made in writing and                      Financial Analyst (202) 912–4651; Sean                      Financial Company Report of
                                              sent within thirty days of the date of                   Healey, Senior Financial Analyst, (202)                     Consolidated Liabilities (FR XX–1) to
                                              this Notice to: Federal Deposit                          912–4611; Christine Graham, Counsel,                        calculate liabilities of these institutions.
                                              Insurance Corporation, Division of                       (202) 452–3005; Matthew Suntag, Senior                         Section 622 provides that the
                                              Resolutions and Receiverships,                           Attorney, (202) 452–3694; for persons                       financial sector liabilities of a ‘‘foreign
                                              Attention: Receivership Oversight                        who are deaf or hard of hearing, TTY                        financial company’’ equal the risk-
                                              Department 32.1, 1601 Bryan Street,                      (202) 263–4869.                                             weighted assets and regulatory capital
                                              Dallas, TX 75201.                                                                                                    attributable to the company’s ‘‘U.S.
                                                 No comments concerning the                            Aggregate Financial Sector Liabilities                      operations.’’ Under Regulation XX,
                                              termination of this receivership will be                    As of December 31, 2014, aggregate                       financial sector liabilities of a foreign
                                              considered which are not sent within                     financial sector liabilities is equal to                    banking organization’s U.S. operations
                                              this time frame.                                         $21,632,232,035,000. This measure is in                     are calculated using the risk-weighted
                                                Dated: June 30, 2015.                                  effect from July 1, 2015 through June 30,                   asset methodology for subsidiaries
                                              Federal Deposit Insurance Corporation.                   2016.                                                       subject to risk-based capital rules, and
                                                                                                                                                                   applicable accounting standards for all
                                              Robert E. Feldman,                                       Calculation Methodology                                     branches, agencies, and nonbank
                                              Executive Secretary.                                        Aggregate financial sector liabilities                   subsidiaries. Financial sector liabilities
                                              [FR Doc. 2015–16512 Filed 7–6–15; 8:45 am]               equals the sum of the financial sector                      attributable to the U.S. operations of a
                                              BILLING CODE 6714–01–P                                   liabilities of all financial companies,                     foreign financial company that is not a
                                                                                                       calculated using the methodology set                        foreign banking organization are
                                                                                                       forth in Regulation XX and summarized                       calculated in a similar manner to the
                                              FEDERAL RESERVE SYSTEM                                   below.                                                      method described for foreign banking
                                                                                                          Financial sector liabilities of a U.S.                   organizations, but liabilities of a U.S.
                                              [Docket No. OP–1516]
                                                                                                       financial company that was subject to                       subsidiary not subject to risk-based
                                              Announcement of Financial Sector                         consolidated risk-based capital rules as                    capital rules are calculated based on the
                                              Liabilities                                              of December 31, 2014, equals the                            U.S. subsidiary’s liabilities under
                                                                                                       difference between its risk-weighted                        applicable accounting standards. The
                                                 Section 622 of the Dodd-Frank Wall                    assets (as adjusted upward to reflect                       Federal Reserve used information
                                              Street Reform and Consumer Protection                    amounts that are deducted from                              collected on the Capital and Asset
                                              Act, implemented by the Board’s                          regulatory capital elements pursuant to                     Report for Foreign Banking
                                              Regulation XX, prohibits a merger or                     the Federal banking agencies’ risk-based                    Organizations (FR Y–7Q) and the FR
                                              acquisition that would result in a                       capital rules) and total regulatory                         XX–1 to calculate liabilities of these
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                                              financial company that controls more                     capital, as calculated under the                            institutions.
                                              than 10 percent of the aggregate                         applicable risk-based capital rules.
                                              consolidated liabilities of all financial                Companies in this category include                            2 A financial company may request to use an

                                              companies (‘‘aggregate financial sector                  bank holding companies and insured                          accounting standard or method of estimation other
                                                                                                                                                                   than GAAP if it does not calculate its total
                                              liabilities’’). Specifically, an insured                 depository institutions. The Federal                        consolidated assets or liabilities under GAAP for
                                              depository institution, a bank holding                                                                               any regulatory purpose (including compliance with
                                              company, a savings and loan holding                           1 12   U.S.C. 1852(a)(2), (b).                         applicable securities laws). 12 CFR 251.3(e).



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                                                                               Federal Register / Vol. 80, No. 129 / Tuesday, July 7, 2015 / Notices                                           38687

                                                 The Board granted requests from ten                     Unless otherwise noted, comments                    5610 (Annex D), Washington, DC 20580,
                                              financial companies to use an                            regarding each of these applications                  or deliver your comment to the
                                              accounting standard or method of                         must be received at the Reserve Bank                  following address: Federal Trade
                                              estimation other than GAAP to calculate                  indicated or the offices of the Board of              Commission, Office of the Secretary,
                                              liabilities. Nine of the companies were                  Governors not later than July 30, 2015.               Constitution Center, 400 7th Street SW.,
                                              insurance companies that report                            A. Federal Reserve Bank of Dallas                   5th Floor, Suite 5610 (Annex D),
                                              financial information under Statutory                    (Robert L. Triplett III, Senior Vice                  Washington, DC 20024.
                                              Accounting Principles (‘‘SAP’’), and one                 President) 2200 North Pearl Street,                   FOR FURTHER INFORMATION CONTACT: Yan
                                              was a foreign company that controls a                    Dallas, Texas 75201–2272:                             Fang, FTC Western Region, (415–848–
                                              U.S. industrial loan company that                          1. Friendswood Capital Corporation,                 5150), 901 Market Street, Suite 570, San
                                              reports financial information under                      Houston, Texas; to become a bank                      Francisco, CA 94103.
                                              International Financial Reporting                        holding company by the conversion of                  SUPPLEMENTARY INFORMATION: Pursuant
                                              Standards (‘‘IFRS’’). For the insurance                  Texan Bank, Houston, Texas, from a                    to Section 6(f) of the Federal Trade
                                              companies, the Board approved a                          federal savings bank to a national bank               Commission Act, 15 U.S.C. 46(f), and
                                              method of estimation that was based on                   charter.                                              FTC Rule 2.34, 16 CFR 2.34, notice is
                                              line items from SAP reports, with                          Board of Governors of the Federal Reserve           hereby given that the above-captioned
                                              adjustments to reflect certain differences               System, July 1, 2015.                                 consent agreement containing consent
                                              in accounting treatment between GAAP                     Michael J. Lewandowski,                               order to cease and desist, having been
                                              and SAP. For the foreign company, the                    Associate Secretary of the Board.                     filed with and accepted, subject to final
                                              Board approved the use of IFRS.                                                                                approval, by the Commission, has been
                                                                                                       [FR Doc. 2015–16593 Filed 7–6–15; 8:45 am]
                                                By order of the Board of Governors of the              BILLING CODE 6210–01–P
                                                                                                                                                             placed on the public record for a period
                                              Federal Reserve System, acting through the                                                                     of thirty (30) days. The following
                                              Director of the Division Banking Supervision                                                                   Analysis to Aid Public Comment
                                              and Regulation under delegated authority,                                                                      describes the terms of the consent
                                              July 1, 2015.                                            FEDERAL TRADE COMMISSION
                                                                                                                                                             agreement, and the allegations in the
                                              Robert deV. Frierson,                                    [File No. 152 3069]                                   complaint. An electronic copy of the
                                              Secretary of the Board.                                                                                        full text of the consent agreement
                                              [FR Doc. 2015–16658 Filed 7–6–15; 8:45 am]               JS Autoworld, Inc.; Analysis of                       package can be obtained from the FTC
                                              BILLING CODE 6210–01–P                                   Proposed Consent Order To Aid Public                  Home Page (for June 29, 2015), on the
                                                                                                       Comment                                               World Wide Web at: http://www.ftc.gov/
                                                                                                       AGENCY:    Federal Trade Commission.                  os/actions.shtm.
                                              FEDERAL RESERVE SYSTEM                                                                                            You can file a comment online or on
                                                                                                       ACTION:   Proposed Consent Agreement.                 paper. For the Commission to consider
                                              Formations of, Acquisitions by, and                                                                            your comment, we must receive it on or
                                              Mergers of Bank Holding Companies                        SUMMARY:   The consent agreement in this
                                                                                                       matter settles alleged violations of                  before July 29, 2015. Write ‘‘JS
                                                                                                       federal law prohibiting unfair or                     Autoworld, Inc.—Consent Agreement;
                                                The companies listed in this notice                                                                          File No. 152–3069’’ on your comment.
                                              have applied to the Board for approval,                  deceptive acts or practices. The attached
                                                                                                       Analysis to Aid Public Comment                        Your comment—including your name
                                              pursuant to the Bank Holding Company                                                                           and your state—will be placed on the
                                              Act of 1956 (12 U.S.C. 1841 et seq.)                     describes both the allegations in the
                                                                                                       draft complaint and the terms of the                  public record of this proceeding,
                                              (BHC Act), Regulation Y (12 CFR part                                                                           including, to the extent practicable, on
                                              225), and all other applicable statutes                  consent order—embodied in the consent
                                                                                                       agreement—that would settle these                     the public Commission Web site, at
                                              and regulations to become a bank                                                                               http://www.ftc.gov/os/
                                              holding company and/or to acquire the                    allegations.
                                                                                                                                                             publiccomments.shtm. As a matter of
                                              assets or the ownership of, control of, or               DATES:  Comments must be received on                  discretion, the Commission tries to
                                              the power to vote shares of a bank or                    or before July 29, 2015.                              remove individuals’ home contact
                                              bank holding company and all of the                      ADDRESSES: Interested parties may file a              information from comments before
                                              banks and nonbanking companies                           comment at https://                                   placing them on the Commission Web
                                              owned by the bank holding company,                       ftcpublic.commentworks.com/ftc/                       site.
                                              including the companies listed below.                    planetnissanconsent online or on paper,                  Because your comment will be made
                                                The applications listed below, as well                 by following the instructions in the                  public, you are solely responsible for
                                              as other related filings required by the                 Request for Comment part of the                       making sure that your comment does
                                              Board, are available for immediate                       SUPPLEMENTARY INFORMATION section                     not include any sensitive personal
                                              inspection at the Federal Reserve Bank                   below. Write ‘‘JS Autoworld, Inc.—                    information, like anyone’s Social
                                              indicated. The applications will also be                 Consent Agreement; File No. 152–3069’’                Security number, date of birth, driver’s
                                              available for inspection at the offices of               on your comment and file your                         license number or other state
                                              the Board of Governors. Interested                       comment online at https://                            identification number or foreign country
                                              persons may express their views in                       ftcpublic.commentworks.com/ftc/                       equivalent, passport number, financial
                                              writing on the standards enumerated in                   planetnissanconsent by following the                  account number, or credit or debit card
                                              the BHC Act (12 U.S.C. 1842(c)). If the                  instructions on the web-based form. If                number. You are also solely responsible
                                              proposal also involves the acquisition of                you prefer to file your comment on                    for making sure that your comment does
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                                              a nonbanking company, the review also                    paper, write ‘‘JS Autoworld, Inc.—                    not include any sensitive health
                                              includes whether the acquisition of the                  Consent Agreement; File No. 152–3069’’                information, like medical records or
                                              nonbanking company complies with the                     on your comment and on the envelope,                  other individually identifiable health
                                              standards in section 4 of the BHC Act                    and mail your comment to the following                information. In addition, do not include
                                              (12 U.S.C. 1843). Unless otherwise                       address: Federal Trade Commission,                    any ‘‘[t]rade secret or any commercial or
                                              noted, nonbanking activities will be                     Office of the Secretary, 600                          financial information which . . . is
                                              conducted throughout the United States.                  Pennsylvania Avenue NW., Suite CC–                    privileged or confidential,’’ as discussed


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Document Created: 2015-12-15 13:27:23
Document Modified: 2015-12-15 13:27:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ContactFelton Booker, Senior Supervisory Financial Analyst (202) 912-4651; Sean Healey, Senior Financial Analyst, (202) 912-4611; Christine Graham, Counsel, (202) 452-3005; Matthew Suntag, Senior Attorney, (202) 452-3694; for persons who are deaf or hard of hearing, TTY (202) 263-4869.
FR Citation80 FR 38686 

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