Provision of Regulation W | Application |
(1) 12 CFR 223.2(a)(8) -"Affiliate" includes a financial subsidiary | Does not apply. Savings association subsidiaries do not meet the statutory definition of financial subsidiary. |
(2) 12 CFR 223.2(a)(12) -Determination that "affiliate" includes other types of companies | Read to include the following statement: "Affiliate also includes any company that the Board determines, by order or regulation, to present a risk to the safety and soundness of the savings association." |
(3) 12 CFR 223.2(b)(1)(ii) -"Affiliate" includes a subsidiary that is a financial subsidiary | Does not apply. Savings association subsidiaries do not meet the statutory definition of financial subsidiary. |
(4) 12 CFR 223.3(d) -Definition of "capital stock and surplus." | "Capital stock and surplus" for a savings association has the same meaning as under the regulatory capital requirements applicable to that savings association. |
(5) 12 CFR 223.3(h)(1) -Section 23A covered transactions include an extension of credit to the affiliate | Read to incorporate paragraph (c)(1) of this section, which prohibits loans or extensions of credit to an affiliate, unless the affiliate is engaged only in the activities described at 12 U.S.C. 1467a(c)(2)(F)(i) , as defined in Regulation LL at 12 CFR 238.54 . |
(6) 12 CFR 223.3(h)(2) -Section 23A covered transactions include a purchase of or investment in securities issued by an affiliate | Read to incorporate paragraph (c)(2) of this section, which prohibits purchases and investments in securities issued by an affiliate, other than with respect to shares of a subsidiary. |
(7) 12 CFR 223.3(k) -Definition of "depository institution." | Read to include the following statement: "For the purposes of this definition, a non-affiliate subsidiary of a savings association is treated as part of the depository institution." |
(8) 12 CFR 223.3(p) -Definition of "financial subsidiary." | Does not apply. Savings association subsidiaries do not meet the statutory definition of financial subsidiary. |
(9) 12 CFR 223.3(w) -Definition of "member bank." | Read to include the following statement: "Member bank also includes a savings association. For purposes of this definition, a non-affiliate subsidiary of a savings association is treated as part of the savings association." |
(10) 12 CFR 223.3(aa) -Definition of "operating subsidiary." | Does not apply. |
(11) 12 CFR 223.31 -Application of section 23A to an acquisition of an affiliate that becomes an operating subsidiary | Read to refer to "a non-affiliate subsidiary" instead of "operating subsidiary." |
(12) 12 CFR 223.32 -Rules that apply to financial subsidiaries of a bank | Does not apply. Savings association subsidiaries do not meet the statutory definition of financial subsidiary. |
(13) 12 CFR 223.42(f)(2) -Exemption for purchasing certain marketable securities | Read to refer to "Thrift Financial Report" instead of "Call Report." References to "state member bank" are unchanged. |
(14) 12 CFR 223.42(g)(2) -Exemption for purchasing municipal securities | Read to refer to "Thrift Financial Report" instead of "Call Report." References to "state member bank" are unchanged. |
(15) 12 CFR 223.61 -Application of sections 23A and 23B to U.S. branches and agencies of foreign banks | Does not apply to savings associations or their subsidiaries. |
12 C.F.R. §223.72