Banking Agencies Issue Final Regulatory Capital Rule Related to FAS 166 and 167

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On January 21, the Office of the Comptroller of the Currency, the Board of Governors of the Federal Reserve System, the Office of Thrift Supervision and the Federal Deposit Insurance Corporation (the “Banking Agencies”) issued the final risk-based capital rule (the “Rule”) related to the Financial Accounting Standards Board’s adoption of Statement of Financial Accounting Standard 166, Accounting for Transfers of Financial Assets, an Amendment of FASB Statement No. 140 (“FAS 166”) and Statement of Financial Accounting Standards No. 167, Amendments to FASB Interpretation No. 46(R) (“FAS 167”). FAS 166 and FAS 167 make substantive changes to how banking organizations account for many items, including securitized assets, that had been previously excluded from their balance sheets. Most banking organizations are required to implement the new consolidation standards of FAS 166 and FAS 167 as of January 1, 2010. Banking organizations affected by FAS 166 and FAS 167 generally will be subject to higher risk-based regulatory capital requirements intended to better align risk-based capital requirements with the actual risks of certain exposures.

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