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3-3691

SECTION 237.12—Capital

A covered swap entity shall comply with:
(a) In the case of a covered swap entity that is a state member bank (as defined in 12 CFR 208.2(g)), the provisions of the Board’s Regulation Q (12 CFR part 217) applicable to the state member bank;
(b) In the case of a covered swap entity that is a bank holding company (as defined in 12 U.S.C. 1842) or a savings and loan holding company (as defined in 12 U.S.C. 1467a), the provisions of the Board’s Regulation Q (12 CFR part 217) applicable to the covered swap entity;
(c) In the case of a covered swap entity that is a foreign banking organization (as defined in 12 CFR 211.21(o)), a U.S. intermediate holding company subsidiary of a foreign banking organization (as defined in 12 CFR 252.3(y)) or any state branch or state agency of a foreign bank (as defined in 12 U.S.C. 3101(b)(11) and (12)), the capital standards that are applicable to such covered swap entity under section 225.2(r)(3) of the Board’s Regulation Y (12 CFR 225.2(r)(3)) or the Board’s Regulation YY (12 CFR part 252); and
(d) In the case of a covered swap entity that is an Edge or agreement corporation (as defined in 12 CFR 211.1(c)(2) and (3)), the capital standards applicable to an Edge corporation under section 211.12(c) of the Board’s Regulation K (12 CFR 211.12(c)) and to an agreement corporation under sections 211.5(g) and 211.12(c) of the Board’s Regulation K (12 CFR 211.5(g) and 211.12(c)).

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