(a) Notwithstanding section 208.123, the Board in consultation
with the applicable state chartering authority may require an otherwise
eligible covered depository institution to file the FFIEC 041 version
of the report of condition, or any successor thereto, based on an
institution-specific determination. In making this determination,
the Board may consider criteria including, but not limited to, whether
the institution is significantly engaged in one or more complex, specialized,
or other higher risk activities, such as those for which limited information
is reported in the FFIEC 051 version of the report of condition compared
to the FFIEC 041 version of the report of condition. Nothing in this
part shall be construed to limit the Board’s authority to obtain information
from a state member bank.
(b) Nothing in this subpart limits
the authority of the Board under any other provision of law or regulation
to take supervisory or enforcement action, including action to address
unsafe or unsound practices or conditions or violations of law.
