(a) Consolidated subsidiary
available stable funding amount. For available stable funding
of a legal entity that is a consolidated subsidiary of a Board-regulated
institution, including a consolidated subsidiary organized under the
laws of a foreign jurisdiction, the Board-regulated institution may
include the available stable funding of the consolidated subsidiary
in its ASF amount up to:
(1) The RSF amount of the consolidated subsidiary, as calculated
by the Board-regulated institution for the Board-regulated institution’s
net stable funding ratio under this part; plus
(2) Any amount in excess of the RSF amount
of the consolidated subsidiary, as calculated by the Board-regulated
institution for the Board-regulated institution’s net stable funding
ratio under this part, to the extent the consolidated subsidiary may
transfer assets to the top-tier Board-regulated institution, taking
into account statutory, regulatory, contractual, or supervisory restrictions,
such as sections 23A and 23B of the Federal Reserve Act (12 U.S.C.
371c and 12 U.S.C. 371c-1) and Regulation W (12 CFR part 223).
(b) Required consolidation
procedures. To the extent a Board-regulated institution includes
an ASF amount in excess of the RSF amount of the consolidated subsidiary,
the Board-regulated institution must implement and maintain written
procedures to identify and monitor applicable statutory, regulatory,
contractual, supervisory, or other restrictions on transferring assets
from any of its consolidated subsidiaries. These procedures must document
which types of transactions the Board-regulated institution could
use to transfer assets from a consolidated subsidiary to the Board-regulated
institution and how these types of transactions comply with applicable
statutory, regulatory, contractual, supervisory, or other restrictions.
