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SECTION 240.8—Capital Requirements

(a) Capital required for a state member bank. A banking institution defined in section 240.2(b)(1) offering or entering into retail forex transactions must be well-capitalized as defined in section 208.43 of Regulation H (12 CFR 208.43).
(b) Capital required for an uninsured state-licensed branch of a foreign bank. A banking institution defined in section 240.2(b)(2) offering or entering into retail forex transactions must be well-capitalized under the capital rules made applicable to it pursuant to section 225.2(r)(3) of Regulation Y (12 CFR 225.2(r)(3)).
(c) Capital required for financial holding companies and bank holding companies. A banking institution defined in section 240.2(b)(3) or (4) offering or entering into retail forex transactions must be well-capitalized as defined in section 225.2(r) of Regulation Y (12 CFR 225.2(r)).
(d) Capital required for savings and loan holding companies. A banking institution defined in section 240.2(b)(5) offering or entering into retail forex transactions must be well-capitalized as defined in section 238.2(s) of Regulation LL (12 CFR 238.2(s)).
(e) Capital required for an agreement corporation or Edge Act corporation. A banking institution defined in section 240.2(b)(6) or (7) offering or entering into retail forex transactions must maintain capital in compliance with the capital adequacy guidelines that are made applicable to an Edge corporation engaged in banking pursuant to section 211.12 (c)(2) of Regulation K (12 CFR 211.12(c)(2)).

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