(a) Except as provided in paragraph (c) of this section
and subject to the provisions of paragraph (d) of this section, from
December 2, 2020, through December 31, 2021, the consolidated assets,
consolidated risk-weighted assets, total consolidated assets, and
total assets of a bank holding company for purposes of sections 225.4(b)(2)(iii)(A)
and (B), 225.14(a)(1)(v)(A)(1) and (2), 225.14(a)(1)(vi),
225.23(a)(1)(iii)(A)(1) and (2), 225.24(a)(2)(iv) and
(v), and 225.28(b)(11)(vi) shall be determined based on the lesser
of each such amount as of December 31, 2019, and as of the otherwise
applicable asset measurement date of the relevant paragraph.
(b) Except as provided in paragraph (c) of this section and subject
to the provisions of paragraph (d) of this section, from December
2, 2020, through December 31, 2021, for purposes of determining the
applicability of sections 224.14(c)(6)(ii), 225.17(a)(6), and 225.23(c)(5)(ii)
of this part and appendix C to this part, the pro forma consolidated
assets of a bank holding company and the consolidated risk-weighted
assets of a bank holding company immediately following consummation
of a transaction each shall be calculated as the lesser of:
(1) Such amount calculated as the sum
of the assets of each company involved in the proposed business combination,
as well as any company with which any such company has combined since
December 31, 2019, as of December 31, 2019; and
(2) Such amount calculated as the sum of
the assets of each company involved in the proposed business combination
as of the end of the most recent calendar quarter.
(c) The relief provided under paragraphs (a) and (b) of this section
does not apply to a bank holding company if the Board determines that
permitting the bank holding company to determine its assets in accordance
with that paragraph would not be commensurate with the risk profile
of the bank holding company. When making this determination, the Board
will consider all relevant factors, including the extent of asset
growth of the bank holding company since December 31, 2019; the causes
of such growth, including whether growth occurred as a result of mergers
or acquisitions; whether such growth is likely to be temporary or
permanent; whether the bank holding company has become involved in
any additional activities since December 31, 2019; the asset size
of any parent companies; and the type of assets held by the bank holding
company. In making a determination pursuant to this section, the Board
will apply notice and response procedures in the same manner and to
the same extent as the notice and response procedures in 12 CFR 263.202.
(d) Nothing in this section limits the discretion of the Board
or its delegatee to disallow the use of any expedited action process,
require the submission of additional information in connection with
a notice or application, or consider the ability of a bank holding
company filing a notice or application under this part to comply with
any statutory or regulatory requirements that may be applicable to
the bank holding company upon expiration of the relief provided by
this section.
