Current through September 30, 2024
Section 1237.12 - Capital distributions while in conservatorship(a) Except as provided in paragraph (b) of this section, a regulated entity shall make no capital distribution while in conservatorship.(b) The Director may authorize, or may delegate the authority to authorize, a capital distribution that would otherwise be prohibited by paragraph (a) of this section if he or she determines that such capital distribution:(1) Will enhance the ability of the regulated entity to meet the risk-based capital level and the minimum capital level for the regulated entity;(2) Will contribute to the long-term financial safety and soundness of the regulated entity;(3) Is otherwise in the interest of the regulated entity; or(4) Is otherwise in the public interest.(c) This section is intended to supplement and shall not replace or affect any other restriction on capital distributions imposed by statute or regulation.