(a) A Board-regulated institution that is
an advanced approaches Board-regulated institution that has completed
the parallel run process and that has received notification from the
Board pursuant to section 121(d) of subpart E of this part must publicly
disclose each quarter its total and tier 1 risk-based capital ratios
and their components as calculated under this subpart (that is, common
equity tier 1 capital, additional tier 1 capital, tier 2 capital,
total qualifying capital, and total risk-weighted assets).
(b) A Board-regulated institution that is an advanced approaches
Board-regulated institution that has completed the parallel run process
and that has received notification from the Board pursuant to section
121(d) of subpart E of this part must comply with paragraph (c) of
this section unless it is a consolidated subsidiary of a bank holding
company, savings and loan holding company, or depository institution
that is subject to these disclosure requirements or a subsidiary of
a non-U.S. banking organization that is subject to comparable public
disclosure requirements in its home jurisdiction.
(c) (1) A Board-regulated institution
described in paragraph (b) of this section must provide timely public
disclosures each calendar quarter of the information in the applicable
tables in section 217.173. If a significant change occurs, such that
the most recent reported amounts are no longer reflective of the Board-regulated
institution’s capital adequacy and risk profile, then a brief discussion
of this change and its likely impact must be disclosed as soon as
practicable thereafter. Qualitative disclosures that typically do
not change each quarter (for example, a general summary of the Board-regulated
institution’s risk management objectives and policies, reporting system,
and definitions) may be disclosed annually after the end of the fourth
calendar quarter, provided that any significant changes to these are
disclosed in the interim. Management may provide all of the disclosures
required by this subpart in one place on the Board-regulated institution’s
public website or may provide the disclosures in more than one public
financial report or other regulatory reports, provided that the Board-regulated
institution publicly provides a summary table specifically indicating
the location(s) of all such disclosures.
(2) A Board-regulated institution described
in paragraph (b) of this section must have a formal disclosure policy
approved by the board of directors that addresses its approach for
determining the disclosures it makes. The policy must address the
associated internal controls and disclosure controls and procedures.
The board of directors and senior management are responsible for establishing
and maintaining an effective internal control structure over financial
reporting, including the disclosures required by this subpart, and
must ensure that appropriate review of the disclosures takes place.
One or more senior officers of the Board-regulated institution must
attest that the disclosures meet the requirements of this subpart.
(3) If a Board-regulated institution
described in paragraph (b) of this section believes that disclosure
of specific commercial or financial information would prejudice seriously
its position by making public information that is either proprietary
or confidential in nature, the Board-regulated institution is not
required to disclose those specific items, but must disclose more
general information about the subject matter of the requirement, together
with the fact that, and the reason why, the specific items of information
have not been disclosed.
(d) (1) A Board-regulated institution
that meets any of the criteria in section 217.100(b)(1) before January
1, 2015, must publicly disclose each quarter its supplementary leverage
ratio and the components thereof (that is, tier 1 capital and total
leverage exposure) as calculated under subpart B of this part, beginning
with the first quarter in 2015. This disclosure requirement applies
without regard to whether the Board-regulated institution has completed
the parallel run process and received notification from the Board
pursuant to section 217.121(d).
(2) A Board-regulated that meets any of the criteria in section 217.100(b)(1)
on or after January 1, 2015, or a Category III Board-regulated institution
must publicly disclose each quarter its supplementary leverage ratio
and the components thereof (that is, tier 1 capital and total leverage
exposure) as calculated under subpart B of this part beginning with
the calendar quarter immediately following the quarter in which the
Board-regulated institution becomes an advanced approaches Board-regulated
institution or a Category III Board-regulated institution. This disclosure
requirement applies without regard to whether the Board-regulated
institution has completed the parallel run process and has received
notification from the Board pursuant to section 217.121(d).
