For the purposes of this part:
(a) Board of directors means the governing board of any institution
performing the usual functions of a board of directors.
(b) Board means the Board of Governors of the Federal Reserve System.
(c) (1) Branch means any branch bank, branch office, branch agency, additional
office, or any branch place of business that receives deposits, pays
checks, or lends money. A branch may include a temporary, seasonal,
or mobile facility that meets these criteria.
(2) Branch does not include—
(i) a loan-origination
facility where the proceeds of loans are not disbursed;
(ii) an office of an affiliated or unaffiliated
institution that provides services to customers of the member bank
on behalf of the member bank so long as the institution is not established
or operated by the bank;
(iii)
an automated teller machine;
(iv) a remote service unit;
(v) a facility to which the bank does not permit members of the public
to have physical access for purposes of making deposits, paying checks,
or borrowing money (such as an office established by the bank that
receives deposits only through the mail); or
(vi) a facility that is located at the
site of, or is an extension of, an approved main office or branch.
The Board determines whether a facility is an extension of an existing
main or branch office on a case-by-case basis.
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(d) Capital stock and surplus means, unless otherwise provided in
this part, or by statute:
(1) tier 1 and tier 2 capital included in a member bank’s risk-based
capital (as defined in section 217.2 of Regulation Q); and
(2) the balance of a member bank’s allowance
for loan and lease losses or adjusted allowance for credit losses,
as applicable, not included in its tier 2 capital for calculation
of risk-based capital, based on the bank’s most recent Report of Condition
and Income filed under 12 U.S.C. 324.
(3) For a qualifying community banking organization (as defined in
section 217.12 of this chapter) that is subject to the community bank
leverage ratio framework (as defined in section 217.12 of this chapter),
capital stock and surplus means the bank’s tier 1 capital (as defined
in section 217.2 of this chapter and calculated in accordance with
section 217.12(b) of this chapter) plus allowance for loan and lease
losses or adjusted allowance for credit losses, as applicable.
(e) Eligible bank means a member bank that—
(1) is well capitalized as
defined in subpart D of this part;
(2) has a composite Uniform Financial Institutions Rating System
(CAMELS) rating of 1 or 2;
(3) has
a Community Reinvestment Act (CRA) (12 U.S.C. 2906) rating of “outstanding”
or “satisfactory”;
(4) has a compliance
rating of 1 or 2; and
(5) has no major unresolved supervisory issues outstanding (as determined
by the Board or appropriate Federal Reserve Bank in its discretion).
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(f) State bank means any bank incorporated by special law
of any state, or organized under the general laws of any state, or
of the United States, including a Morris Plan bank, or other incorporated
banking institution engaged in a similar business.
(g) State
member bank or member bank means a state bank that is a member
of the Federal Reserve System.
