12 CFR Part 360 — Resolution and Receivership Rules

PART 360—RESOLUTION AND RECEIVERSHIP RULES Authority: 12 U.S.C. 1811 et seq., § 360.1 Least-cost resolution. (a) General rule. (1) Depositors for more than the insured portion of their deposits (determined without regard to whether such institution is liquidated); or (2) Creditors other than depositors. (b) Purchase and assumption transactions. Subject to the requirement of section 13(c)(4)(A) of the FDI Act (12 U.S.C. 1823(c)(4)(A)), paragraph (a) of this section shall not be construed as prohibiting the FDIC from allowing any person who acquires any assets or assumes any liabilities of any insured depository institution, for which the FDIC has been appointed conservator or receiver, to acquire uninsured deposit liabilities of such institution as long as the applicable insurance fund does not incur any loss with respect to such uninsured deposit liabilities in an amount greater than the loss which would have been incurred with respect to such liabilities if the institution had been liquidated. [58 FR 67664, Dec. 22, 1993, as amended at 63 FR 37761, July 14, 1998] § 360.2 Federal Home Loan banks as secured creditors. (a) Notwithstanding any other provisions of federal or state law or any other provisions of these regulations, the receiver of a borrower from a Federal Home Loan Bank shall recognize the priority of any security interest granted to a Federal Home Loan Bank by any member of any Federal Home Loan Bank or any affiliate of any such member, whether such security interest is in specifically designated assets or a blanket interest in all assets or categories of assets, over the claims and rights of any other party (including any receiver, conservator, trustee or similar party having rights of a lien creditor) other than claims and rights that (1) Would be entitled to priority under otherwise applicable law; and (2) Are held by actual bona fide purchasers for value or by actual secured parties that are secured by actual perfected security interests. (b) If the receiver rather than the Bank shall have possession of any collateral consisting of notes, securities, other instruments, chattel paper or cash securing advances of the Bank, the receiver shall, upon request by the Bank, promptly deliver possession of such collateral to the Bank or its designee. (c) In the event that a receiver is appointed for any member of a Federal Home Loan Bank, the following procedures shall apply: (1) The receiver and the Bank shall immediately seek and develop a mutually agreeable plan for the payment of any advances made by the Bank to such borrower or for the servicing, foreclosure upon and liquidation of the collateral securing any such advances, taking into account the nature and amount of such collateral, the markets in which such collateral is normally traded or sold and other relevant factors. (2) In the event that the receiver and the Bank shall not, in good faith, be able to develop such a mutually agreeable plan, or, in the interim, the Bank in good faith reasonably concludes that the value of such collateral is decreasing, because of interest rate or other market changes, at such a rate that to delay liquidation or other exercise of the Bank's rights as a secured party for the development of a mutually agreeable plan could reasonably cause the value of such collateral to decrease to an amount that is insufficient to satisfy the Bank's claim in full, the Bank may, at any time thereafter if permitted to do so by the terms of the advances or other security agreement with such borrower or otherwise by applicable law, proceed to foreclose upon, sell, lease or otherwise dispose of such collateral (or any portion thereof), or otherwise exercise its rights as a secured party, provided that the Bank acts in good faith and in a commercially reasonable manner and otherwise in accordance with applicable law. (3) The foregoing provisions of this paragraph (c) shall not apply in the event that a purchase and assumption transaction is entered into regarding any such member. (d) The Bank's rights pursuant to the second sentence of section 10(d) of the Federal Home Loan Bank Act shall not be affected or diminished by any provisions of state law that may be applicable to a security interest in property of the member. (e) The receiver for a borrower from a Federal Home Loan Bank shall allow a claim for a prepayment fee by the Bank if, and only if: (1) The claim is made pursuant to a written contract that provides for a prepayment fee, provided, however, that such prepayment fee allowed by the receiver shall not exceed the present value of the loss attributable to the difference between the contract rate of the secured borrowing and the reinvestment rate then available to the Bank; and (2) The indebtedness owed to the Bank by such borrower is secured by sufficient collateral in which a perfected security interest in favor of the Bank exists or as to which the Bank's security interest is entitled to priority under section 306(d) of the Competitive Equality Banking Act of 1987 (CEBA) (12 U.S.C. 1430(e), footnote (1), or otherwise so that the aggregate of the outstanding principal on the advances secured by such collateral, the accrued but unpaid interest thereon and the prepayment fee applicable to such advances can be paid in full from the amounts realized from such collateral. For purposes of this paragraph (e)(2), the adequacy of such collateral shall be determined as of the date such prepayment fees shall be due and payable under the terms of the written contract providing therefor. [54 FR 19156, May 4, 1989. Redesignated at 54 FR 42801, Oct. 18, 1989, and further redesignated at 55 FR 46496, Nov. 5, 1990. Redesignated at 58 FR 67664, Dec. 22, 1993, as amended at 63 FR 37761, July 14, 1998] § 360.3 Priorities. (a) Unsecured claims against an association or the receiver that are proved to the satisfaction of the receiver shall have priority in the following order: (1) Administrative expenses of the receiver, including the costs, expenses, and debts of the receiver; (2) Administrative expenses of the association, provided (3) Claims for wages and salaries, including vacation and sick leave pay and contributions to employee benefit plans, earned prior to the appointment of the receiver by an employee of the association whom the receiver determines it is in the best interests of the receivership to engage or retain for a reasonable period of time; (4) If authorized by the receiver, claims for wages and salaries, including vacation and sick leave pay and contributions to employee benefits plans, earned prior to the appointment of the receiver, up to a maximum of three thousand dollars ($3,000) per person, by an employee of the association not engaged or retained pursuant to a determination by the receiver pursuant to the third category above; (5) Claims of governmental units for unpaid taxes, other than Federal income taxes, except to the extent subordinated pursuant to applicable law; but no other claim of a governmental unit shall have a priority higher than that of a general creditor under paragraph (a)(6) of this section; (6) Claims for withdrawable accounts, including those of the Corporation as subrogee or transferee, and all other claims which have accrued and become unconditionally fixed on or before the date of default, whether liquidated or unliquidated, except as provided in paragraphs (a)(1) through (a)(5) of this section, provided, however, that if the association is chartered and was operated under the laws of a state that provided a priority for holders of withdrawable accounts over such other claims or general creditors, such priority within this paragraph (a)(6) shall be observed by the receiver; and provided further, that if deposits of a Federal association are booked or registered at an office of such association that is located in a State that provides such priority with respect to State-chartered associations, such deposits in a Federal association shall have priority over such other claims or general creditors, which shall be observed by the receiver; (7) Claims other than those that have accrued and become unconditionally fixed on or before the date of default, including claims for interest after the date of default on claims under paragraph (a)(6) of this section, Provided (8) Claims of the United States for unpaid Federal income taxes; (9) Claims that have been subordinated in whole or in part to general creditor claims, which shall be given the priority specified in the written instruments that evidence such claims; and (10) Claims by holders of nonwithdrawable accounts, including stock, which shall have priority within this paragraph (a)(10) in accordance with the terms of the written instruments that evidence such claims. (b) Interest after the date of default on claims under paragraph (a)(6) of this section shall be at a rate or rates adjusted monthly to reflect the average rate for U.S. Treasury bills with maturities of not more than ninety-one (91) days during the preceding three (3) months. (c) [Reserved] (d) All unsecured claims of any category or class or priority described in paragraphs (a)(1) through (a)(10) of this section shall be paid in full, or provision made for such payment, before any claims of lesser priority are paid. If there are insufficient funds to pay all claims of a category or class in full, distribution to claimants in such category or class shall be made pro rata. Notwithstanding anything to the contrary herein, the receiver may, at any time, and from time to time, prior to the payment in full of all claims of a category or class with higher priority, make such distributions to claimants in priority classes outlined in paragraphs (a)(1) through (a)(6) of this section as the receiver believes are reasonably necessary to conduct the receivership, Provided (e) If the association is in mutual form, and a surplus remains after making distribution in full of allowed claims as set forth in paragraphs (a) and (b) of this section, such surplus shall be distributed to the depositors in proportion to their accounts as of the date of default. (f) Under the provisions of section 11(d)(11) of the Act (12 U.S.C. 1821(d)(11)), the provisions of this § 360.3 do not apply to any receivership established and liquidation or other resolution occurring after August 10, 1993. [53 FR 25132, July 5, 1988, as amended at 53 FR 30667, Aug. 15, 1988. Redesignated and amended at 54 FR 42801, Oct. 18, 1989, and further redesignated and amended at 55 FR 46496, Nov. 5, 1990; 58 FR 43070, Aug. 13, 1993. Redesignated at 58 FR 67664, Dec. 22, 1993; 60 FR 35488, July 10, 1995] § 360.4 Administrative expenses. The priority for administrative expenses of the receiver, [60 FR 35488, July 10, 1995] § 360.5 Definition of qualified financial contracts. (a) Authority and purpose. (b) Repurchase agreements. (c) Swap agreements. (d) Nothing in this section shall be construed as limiting or changing a party's obligation to comply with all reasonable trading practices and requirements, non-insolvency law requirements and any other requirements imposed by other provisions of the FDI Act. This section in no way limits the authority of the Corporation to take supervisory or enforcement actions, or to otherwise manage the affairs of a financial institution for which the Corporation has been appointed conservator or receiver. [60 FR 66865, Dec. 27, 1995, as amended at 78 FR 55595, Sept. 10, 2013; 83 FR 17741, Apr. 24, 2018] § 360.6 Treatment of financial assets transferred in connection with a securitization or participation. (a) Definitions— (1) Applicable compliance date et seq., (2) Financial asset (3) Investor (4) Issuing entity (5) Monetary default (6) Obligation (7) Participation (8) Securitization (9) Servicer (10) Specified GSE (i) The Federal National Mortgage Association and any affiliate thereof; (ii) Federal Home Loan Mortgage Corporation and any affiliate thereof; (iii) The Government National Mortgage Association; and (iv) Any federal or state sponsored mortgage finance agency. (11) Sponsor (12) Transfer (i) The conveyance of a financial asset or financial assets to an issuing entity or (ii) The creation of a security interest in such asset or assets for the benefit of the issuing entity. (b) Coverage. (1) Capital Structure and Financial Assets. (i) Requirements applicable to all securitizations: (A) The securitization shall not consist of re-securitizations of obligations or collateralized debt obligations unless the documents creating the securitization require that disclosures required in paragraph (b)(2) of this section are made available to investors for the underlying assets supporting the securitization at initiation and while obligations are outstanding; and (B) The documents creating the securitization shall require that payment of principal and interest on the securitization obligation must be primarily based on the performance of financial assets that are transferred to the issuing entity and, except for interest rate or currency mismatches between the financial assets and the obligations, shall not be contingent on market or credit events that are independent of such financial assets. The securitization may not be an unfunded securitization or a synthetic transaction. (ii) Requirements applicable only to securitizations in which the financial assets include any residential mortgage loans: (A) The capital structure of the securitization shall be limited to no more than six credit tranches and cannot include “sub-tranches,” grantor trusts or other structures. Notwithstanding the foregoing, the most senior credit tranche may include time-based sequential pay or planned amortization and companion sub-tranches; and (B) The credit quality of the obligations cannot be enhanced at the issuing entity or pool level through external credit support or guarantees. However, the credit quality of the obligations may be enhanced by credit support or guarantees provided by Specified GSEs and the temporary payment of principal and/or interest may be supported by liquidity facilities, including facilities designed to permit the temporary payment of interest following appointment of the FDIC as conservator or receiver. Individual financial assets transferred into a securitization may be guaranteed, insured or otherwise benefit from credit support at the loan level through mortgage and similar insurance or guarantees, including by private companies, agencies or other governmental entities, or government-sponsored enterprises, and/or through co-signers or other guarantees. (2) Disclosures. (i) Requirements applicable to all securitizations: (A) In the case of an issuance of obligations that is subject to 17 CFR part 229, subpart 229.1100 (Regulation AB of the Securities and Exchange Commission (Regulation AB)), the documents shall require that, on or prior to issuance of obligations and at the time of delivery of any periodic distribution report and, in any event, at least once per calendar quarter, while obligations are outstanding, information about the obligations and the securitized financial assets shall be disclosed to all potential investors at the financial asset or pool level, as appropriate for the financial assets, and security-level to enable evaluation and analysis of the credit risk and performance of the obligations and financial assets. The documents shall require that such information and its disclosure, at a minimum, shall comply with the requirements of Regulation AB. Information that is unknown or not available to the sponsor or the issuer after reasonable investigation may be omitted if the issuer includes a statement in the offering documents disclosing that the specific information is otherwise unavailable; (B) The documents shall require that, on or prior to issuance of obligations, the structure of the securitization and the credit and payment performance of the obligations shall be disclosed, including the capital or tranche structure, the priority of payments and specific subordination features; representations and warranties made with respect to the financial assets, the remedies for and the time permitted for cure of any breach of representations and warranties, including the repurchase of financial assets, if applicable; liquidity facilities and any credit enhancements permitted by this rule, any waterfall triggers or priority of payment reversal features; and policies governing delinquencies, servicer advances, loss mitigation, and write-offs of financial assets; (C) The documents shall require that while obligations are outstanding, the issuing entity shall provide to investors information with respect to the credit performance of the obligations and the financial assets, including periodic and cumulative financial asset performance data, delinquency and modification data for the financial assets, substitutions and removal of financial assets, servicer advances, as well as losses that were allocated to such tranche and remaining balance of financial assets supporting such tranche, if applicable, and the percentage of each tranche in relation to the securitization as a whole; and (D) In connection with the issuance of obligations, the documents shall require that the nature and amount of compensation paid to the originator, sponsor, rating agency or third-party advisor, any mortgage or other broker, and the servicer(s), and the extent to which any risk of loss on the underlying assets is retained by any of them for such securitization be disclosed. The securitization documents shall require the issuer to provide to investors while obligations are outstanding any changes to such information and the amount and nature of payments of any deferred compensation or similar arrangements to any of the parties. (ii) Requirements applicable only to securitizations in which the financial assets include any residential mortgage loans: (A) Prior to issuance of obligations, sponsors shall disclose loan level information about the financial assets including, but not limited to, loan type, loan structure (for example, fixed or adjustable, resets, interest rate caps, balloon payments, etc.), maturity, interest rate and/or Annual Percentage Rate, and location of property; and (B) Prior to issuance of obligations, sponsors shall affirm compliance in all material respects with applicable statutory and regulatory standards for origination of mortgage loans, including that the mortgages are underwritten at the fully indexed rate relying on documented income, and comply with supervisory guidance governing the underwriting of residential mortgages, including the Interagency Guidance on Non-Traditional Mortgage Products, October 5, 2006, and the Interagency Statement on Subprime Mortgage Lending, July 10, 2007, and such other or additional guidance applicable at the time of loan origination. Sponsors shall disclose a third party due diligence report on compliance with such standards and the representations and warranties made with respect to the financial assets; and (C) The documents shall require that prior to issuance of obligations and while obligations are outstanding, servicers shall disclose any ownership interest by the servicer or an affiliate of the servicer in other whole loans secured by the same real property that secures a loan included in the financial asset pool. The ownership of an obligation, as defined in this regulation, shall not constitute an ownership interest requiring disclosure. (3) Documentation and recordkeeping. (i) Requirements applicable to all securitizations. (ii) Requirements applicable only to securitizations in which the financial assets include any residential mortgage loans: (A) Servicing and other agreements must provide servicers with authority, subject to contractual oversight by any master servicer or oversight advisor, if any, to mitigate losses on financial assets consistent with maximizing the net present value of the financial asset. Servicers shall have the authority to modify assets to address reasonably foreseeable default, and to take other action to maximize the value and minimize losses on the securitized financial assets. The documents shall require that the servicers apply industry best practices for asset management and servicing. The documents shall require the servicer to act for the benefit of all investors, and not for the benefit of any particular class of investors, that the servicer maintain records of its actions to permit full review by the trustee or other representative of the investors and that the servicer must commence action to mitigate losses no later than ninety (90) days after an asset first becomes delinquent unless all delinquencies have been cured, provided (B) The servicing agreement shall not require a primary servicer to advance delinquent payments of principal and interest for more than three payment periods, unless financing or reimbursement facilities are available, which may include, but are not limited to, the obligations of the master servicer or issuing entity to fund or reimburse the primary servicer, or alternative reimbursement facilities. Such “financing or reimbursement facilities” under this paragraph shall not be dependent for repayment on foreclosure proceeds. (4) Compensation. (i) The documents shall require that any fees or other compensation for services payable to credit rating agencies or similar third-party evaluation companies shall be payable, in part, over the five (5) year period after the first issuance of the obligations based on the performance of surveillance services and the performance of the financial assets, with no more than sixty (60) percent of the total estimated compensation due at closing; and (ii) The documents shall provide that compensation to servicers shall include incentives for servicing, including payment for loan restructuring or other loss mitigation activities, which maximizes the net present value of the financial assets. Such incentives may include payments for specific services, and actual expenses, to maximize the net present value or a structure of incentive fees to maximize the net present value, or any combination of the foregoing that provides such incentives. (5) Origination and retention requirements Requirements applicable to all securitizations. et seq., (B) For any securitization that closes upon or following the applicable compliance date for regulations required under Section 15G of the Securities Exchange Act, 15 U.S.C. 78a et seq., (C) Notwithstanding paragraph (b)(5)(i)(A) of this section, for any securitization that closes following ________________ November 24, 2015 and prior to the applicable compliance date for regulations required under Section 15G of the Securities Exchange Act, 15 U.S.C. 78a et seq., (ii) Requirements applicable only to securitizations in which the financial assets include any residential mortgage loans: (A) The documents shall require the establishment of a reserve fund equal to at least five (5) percent of the cash proceeds of the securitization payable to the sponsor to cover the repurchase of any financial assets required for breach of representations and warranties. The balance of such fund, if any, shall be released to the sponsor one year after the date of issuance. (B) The documents shall include a representation that the assets shall have been originated in all material respects in compliance with statutory, regulatory, and originator underwriting standards in effect at the time of origination. The documents shall include a representation that the mortgages included in the securitization were underwritten at the fully indexed rate, based upon the borrowers' ability to repay the mortgage according to its terms, and rely on documented income and comply with all existing supervisory guidance governing the underwriting of residential mortgages, including the Interagency Guidance on Non-Traditional Mortgage Products, October 5, 2006, and the Interagency Statement on Subprime Mortgage Lending, July 10, 2007, and such other or additional regulations or guidance applicable to insured depository institutions at the time of loan origination. Residential mortgages originated prior to the issuance of such guidance shall meet all supervisory guidance governing the underwriting of residential mortgages then in effect at the time of loan origination. (c) Other requirements. (2) The securitization agreements are in writing, approved by the board of directors of the bank or its loan committee (as reflected in the minutes of a meeting of the board of directors or committee), and have been, continuously, from the time of execution in the official record of the bank; (3) The securitization was entered into in the ordinary course of business, not in contemplation of insolvency and with no intent to hinder, delay or defraud the bank or its creditors; (4) The transfer was made for adequate consideration; (5) The transfer and/or security interest was properly perfected under the UCC or applicable state law; (6) The transfer and duties of the sponsor as transferor must be evidenced in a separate agreement from its duties, if any, as servicer, custodian, paying agent, credit support provider or in any capacity other than the transferor; and (7) The documents shall require that the sponsor separately identify in its financial asset data bases the financial assets transferred into any securitization and maintain an electronic or paper copy of the closing documents for each securitization in a readily accessible form, a current list of all of its outstanding securitizations and issuing entities, and the most recent Form 10-K, if applicable, or other periodic financial report for each securitization and issuing entity. The documents shall provide that to the extent serving as servicer, custodian or paying agent for the securitization, the sponsor shall not comingle amounts received with respect to the financial assets with its own assets except for the time, not to exceed two business days, necessary to clear any payments received. The documents shall require that the sponsor shall make these records readily available for review by the FDIC promptly upon written request. (d) Safe harbor Participations. (2) Transition period safe harbor. (i) Any participation or securitization for which transfers of financial assets were made on or before December 31, 2010 or (ii) Any obligations of revolving trusts or master trusts, for which one or more obligations were issued as of the date of adoption of this rule, or (iii) Any obligations issued under open commitments up to the maximum amount of such commitments as of the date of adoption of this rule if one or more obligations were issued under such commitments on or before December 31, 2010, the FDIC as conservator or receiver shall not, in the exercise of its statutory authority to disaffirm or repudiate contracts, reclaim, recover, or recharacterize as property of the institution or the receivership the transferred financial assets notwithstanding that the transfer of such financial assets does not satisfy all conditions for sale accounting treatment under generally accepted accounting principles as effective for reporting periods after November 15, 2009, provided that such transfer satisfied the conditions for sale accounting treatment under generally accepted accounting principles in effect for reporting periods before November 15, 2009, except for the “legal isolation” condition that is addressed by this paragraph and the transaction otherwise satisfied the provisions of § 360.6 in effect prior to the effective date of this regulation. (3) For securitizations meeting sale accounting requirements. (4) For securitization not meeting sale accounting requirements. (i) Monetary default. (ii) Repudiation. (iii) Effect of repudiation. (e) Consent to certain actions. (f) Notice for consent. (g) Contemporaneous requirement. (h) Limitations. (i) No waiver. (j) No assignment. (k) Repeal. Federal Register, [75 FR 60297, Sept. 30, 2010, as amended at 80 FR 73089, Nov. 24, 2015; 81 FR 41423, June 27, 2016; 85 FR 12731, Mar. 4, 2020] § 360.7 Post-insolvency interest. (a) Purpose and scope. (b) Definitions Equityholder. (2) Post-insolvency interest. (3) Post-insolvency interest rate. (4) Principal amount. (5) Proven claim. (c) Post-insolvency interest distributions. (2) The receiver shall distribute post-insolvency interest at the post-insolvency interest rate prior to making any distribution to equityholders. Post-insolvency interest distributions shall be made in the order of priority set forth in section 11(d)(11)(A) of the Federal Deposit Insurance Act, 12 U.S.C. 1821(d)(11)(A). (3) Post-insolvency interest distributions shall be made at such time as the receiver determines that such distributions are appropriate and only to the extent of funds available in the receivership estate. Post-insolvency interest shall be calculated on the outstanding balance of a proven claim, as reduced from time to time by any interim dividend distributions, from the date the receivership is established until the principal amount of a proven claim has been fully distributed but not thereafter. Post-insolvency interest shall be calculated on a contingent claim from the date such claim becomes proven. (4) Post-insolvency interest shall be determined using a simple interest method of calculation. [67 FR 34386, May 14, 2002] § 360.8 Method for determining deposit and other liability account balances at a failed insured depository institution. (a) Purpose. (b) Definitions. FDIC Cutoff Point (2) The Applicable Cutoff Time earlier FDIC Cutoff Point. (3) Close-of-Business Account Balance Applicable Cutoff Times. FDIC Cutoff Point. (4) A sweep account internal sweep account external sweep account (c) Principles. (2) In its role as receiver of a failed insured depository institution, in order to ensure the proper distribution of the failed institution's assets under the FDI Act (12 U.S.C. 1821(d)(11)) as of the FDIC Cutoff Point, the FDIC will use its best efforts to take all steps necessary to stop the generation, via transactions or transfers coming from or going outside the institution, of new liabilities or extinguishing existing liabilities for the depository institution. (3) End-of-day ledger balances are subject to corrections for posted transactions that are inconsistent with the above principles. (d) Determining closing day balances. Close-of-Business Account Balances. (2) A check posted to the Close-of-Business Account Balance (3) In determining Close-of-Business Account Balances (i) For internal sweep accounts, the FDIC will determine the ownership of the funds and the nature of the receivership claim based on the records established and maintained by the institution for that specific account or investment vehicle as of the closing day end-of-day ledger balance. (For example, if a sweep account entails the daily transfer of funds from a demand deposit account to a Eurodollar account at a foreign branch of the insured depository institution, if the institution should fail on that day, the FDIC would treat the funds swept to the Eurodollar account, as reflected on the institution's end-of-day records, as an unsecured general creditor's claim against the receivership.); (ii) For external sweep accounts, the FDIC will treat swept funds consistent with their status in the end-of-day ledger balances of the depository institution and the external entity, as long as the transfer of funds is completed prior to the Applicable Cutoff Time. (For example, if funds held in connection with a money market sweep account are wired from a customer's deposit account at the insured depository institution to the mutual fund prior to the Applicable Cutoff Time, if the institution should fail on that day, the FDIC would recognize that sweep transaction as completed for claims and receivership purposes.); (iii) For repurchase agreement sweep accounts, where, as a result of the sweep transaction, the customer becomes either the legal owner of identified assets subject to repurchase or obtains a perfected security interest in those assets, the FDIC will recognize, for receivership purposes, the customer's ownership interest or security interest in the assets. (4) For deposit insurance and receivership purposes in connection with the failure of an insured depository institution, the FDIC will determine the rights of the depositor or other liability holder as of the point the Close-of-Business Account Balance (e) Disclosure requirements. [74 FR 5806, Feb. 2, 2009] § 360.9 Large-bank deposit insurance determination modernization. (a) Purpose and scope. (b) Definitions. covered Institution (i) 250,000 deposit accounts; or (ii) $20 billion in total assets, regardless of the number of deposit accounts. (2) Deposits, number of deposit accounts and total assets international banking facility deposit demand deposit account, NOW account, money market deposit account, savings deposit account and time deposit account (3) Sweep account arrangements Covered Institution. (4) Automated credit account arrangements (5) Non-covered institution (6) Provisional hold (c) Posting and removing provisional holds. (2) The system requirements under paragraph (c)(1) must have the capability of placing the provisional holds prescribed under that provision no later than 9 a.m. local time the day following the FDIC cutoff point, as defined in § 360.8(b)(1). (3) Pursuant to instructions to be provided by the FDIC, a covered institution must notify the FDIC of the person(s) responsible for producing the standard data download and administering provisional holds, both while the functionality is being constructed and on an on-going basis. (4) For deposit accounts held in domestic offices of an insured depository institution, the provisional hold algorithm must be designed to exempt accounts below a specific account balance threshold, as determined by the FDIC. The account balance threshold could be any amount, including zero. For accounts above the account balance threshold determined by the FDIC, the algorithm must be designed to calculate and place a hold equal to the dollar amount of funds in excess of the account balance threshold multiplied by the provisional hold percentage determined by the FDIC. The provisional hold percentage could be any amount, from zero to one hundred percent. The account balance threshold as well as the provisional hold percentage could vary for the following four categories, as the covered institution customarily defines consumer accounts: (i) Consumer demand deposit, NOW and money market deposit accounts; (ii) Other consumer deposit accounts (time deposit and savings accounts, excluding NOW and money market deposit accounts); (iii) Non-consumer demand deposit, NOW and money market deposit accounts; and (iv) Other non-consumer deposit accounts (time deposit and savings accounts, excluding NOW and money market deposit accounts). (5) For deposit accounts held in foreign offices of an insured depository institution, other than those connected to a sweep or automated credit arrangement, the provisional hold algorithm will apply a provisional hold percentage to the entire account balance. For deposit accounts held in foreign offices the provisional hold percentage may differ from that applied to deposit accounts. Also, the provisional hold percentage would not vary by account category ( i.e. (6) For international banking facility deposits, other than those connected to a sweep or automated credit arrangements, the provisional hold algorithm will apply a provisional hold percentage to the entire account balance. For IBF deposits the provisional hold percentage may differ from that applied to deposit or foreign deposit accounts. Also, the provisional hold percentage would not vary by account category ( i.e. (7) For the interest-bearing investment vehicle of a sweep arrangement, the provisional hold algorithm must be designed with the capability to place a provisional hold on the interest-bearing investment vehicle with possibly a different account balance threshold and a different hold percentage according to the type of interest-bearing investment vehicle. (8) For the interest-bearing investment vehicle of an automated credit account arrangement, the provisional hold algorithm must be designed with the capability to place a provisional hold on the interest-bearing investment vehicle with possibly a different account balance threshold and a different hold percentage according to the type of interest-bearing investment vehicle. (9) A covered institution may submit a request to the FDIC, using the address indicated in § 360.9(g): to develop a provisional hold process involving memo holds or alternative account mechanisms; or to exempt from the provisional hold requirements of this section those account systems servicing a relatively small number of accounts where the manual application of provisional holds is feasible. Such requests may be in the form of a letter and must include a justification for the request and address the relative effectiveness of the alternative for posting provisional holds in the event of failure. The FDIC will consider such requests on a case-by-case basis in light of the objectives of this section. (10) The automated process for provisional holds required by paragraph (c)(1) of this section must include the capability of removing provisional holds in batch mode and, during the same processing cycle, applying debits, credits or additional holds on the deposit or other accounts from which the provisional holds were removed, as determined by the FDIC. The FDIC will provide files listing the accounts subject to: removal of provisional holds or additional holds (file format as specified in appendix A); application of debits or credits (file format as specified in appendix B); and application of additional holds (file format as specified in appendix A). In addition to the batch process used to remove provisional holds, the Covered Institution is required to have in place a mechanism for manual removal of provisional holds on a case-by-case basis. (d) Providing a standard data format for generating deposit account and customer data. (2) The requirements of paragraph (d)(1) of this section shall be provided in five separate files, as indicated in the appendices C through G to this part 360. (3) Upon request by the FDIC, a covered institution must submit the data required by paragraph (d)(1) of this section to the FDIC, in a manner prescribed by the FDIC. (4) In providing the data required under paragraph (d)(1) of this section to the FDIC, the Covered Institution (e) Implementation requirements. (2) An insured depository institution not within the definition of a covered institution on the effective date of this section must comply with the requirements of this section no later than eighteen months following the end of the second calendar quarter for which it meets the criteria for a covered institution. (3) Upon the merger of two or more non-covered institutions, if the resulting institution meets the criteria for a covered institution, that covered institution must comply with the requirements of this section no later than eighteen months after the effective date of the merger. (4) Upon the merger of two or more covered institutions, the merged institution must comply with the requirements of this section within eighteen months following the effective date of the merger. This provision, however, does not supplant any preexisting implementation date requirement, in place prior to the date of the merger, for the individual covered institution(s) involved in the merger. (5) Upon the merger of one or more covered institutions with one or more non-covered institutions, the merged institution(s) must comply with the requirements of this section within eighteen months following the effective date of the merger. This provision, however, does not supplant any preexisting implementation date requirement for the individual covered institution(s) involved in the merger. (6) Notwithstanding the general requirements of this paragraph (e), on a case-by-case basis, the FDIC may accelerate, upon notice, the implementation timeframe of all or part of the requirements of this section for a covered institution that: Has a composite rating of 3, 4, or 5 under the Uniform Financial Institution's Rating System, or in the case of an insured branch of a foreign bank, an equivalent rating; is undercapitalized, as defined under the prompt corrective action provisions of 12 CFR part 324; or is determined by the appropriate Federal banking agency or the FDIC in consultation with the appropriate Federal banking agency to be experiencing a significant deterioration of capital or significant funding difficulties or liquidity stress, notwithstanding the composite rating of the institution by its appropriate Federal banking agency in its most recent report of examination. In implementing this paragraph (e)(6), the FDIC must consult with the covered institution's primary federal regulator and consider the: Complexity of the institution's deposit systems and operations, extent of the institution's asset quality difficulties, volatility of the institution's funding sources, expected near-term changes in the institution's capital levels, and other relevant factors appropriate for the FDIC to consider in its roles as insurer and possible receiver of the institution. (7) Notwithstanding the general requirements of this paragraph (e), a covered institution may request, by letter, that the FDIC extend the deadline for complying with the requirements of this section. A request for such an extension is subject to the FDIC's rules of general applicability under 12 CFR. 303.251. (f) A covered institution may apply to the FDIC for an exemption from the requirements of this § 360.9 if it has a high concentration of deposits incidental to credit card operations. The FDIC will consider such applications on a case-by-case basis in light of the objectives of this section. (g) Requests for exemptions from the requirements of this section, for flexibility in the use of provisional holds or for extensions of the implementation requirements of this section and the submission of point-of-contact information should be submitted in writing to: Office of the Director, Division of Resolutions and Receiverships, Federal Deposit Insurance Corporation, 550 17th Street, NW., Washington, DC 20429-0002. (h) Testing requirements. [73 FR 41195, July 17, 2008, as amended at 78 FR 55595, Sept. 10, 2013; 83 FR 17741, Apr. 24, 2018] § 360.10 Resolution plans required for insured depository institutions with $100 billion or more in total assets; informational filings required for insured depository institutions with at least $50 billion but less than $100 billion in total assets. (a) Scope and purpose. (b) Definitions. Affiliate Appropriate Federal banking agency Biennial filer Bridge depository institution Capabilities testing CIDI or covered insured depository institution Company Control Core business lines Critical services Critical services support DFA resolution plan DIF Engagement Failure scenario Foreign-based company Franchise component Full resolution submission Group A CIDI Group B CIDI Identified strategy IDI franchise Informational filing Insured depository institution Key depositors Key personnel Least-cost test Material asset portfolio Material change (i) The identification of a new core business line; (ii) The identification of a new material entity or the de-identification of a material entity; (iii) Legal or functional organizational structure; (iv) Overall deposit structure; (v) Critical services or critical services support; (vi) The identification or de-identification of a franchise component; (vii) The acquisition or disposition of a material asset portfolio; or (viii) Cross-border elements. Material entity Multiple-acquirer exit Parent company Parent company affiliate Payment, clearing, and settlement service provider (PCS service provider) Qualified financial contract Regulated subsidiary Resolution plan Subsidiary Total assets Triennial filer United States Virtual data room (c) Full resolution submissions required Biennial filers Definition. (ii) Submission date. (2) Triennial filers Definition. (ii) Submission date. (3) Full resolution submission by new CIDIs. (4) Notice of extraordinary event. Requirements. (ii) Exception. (5) Approval by the CIDI board of directors. (6) Incorporation from other sources Sources. (A) The most recent full resolution submission submitted by the CIDI or an affiliate of the CIDI. (B) The most recent DFA resolution plan of a company that is a CIDI affiliate. (C) Any other regulatory filing by the CIDI or a CIDI affiliate with the FDIC. (ii) Requirements for incorporation from other sources. (A) The full resolution submission seeking to incorporate information or analysis from other sources clearly indicates the source and as-of date of the information or analysis the CIDI is incorporating, and the information or analysis required by this section is readily distinguishable from any extraneous parent company (or parent company affiliate) information or analysis, with a description of any material differences. (B) The CIDI certifies that the information or analysis the CIDI is incorporating from other sources remains accurate in all respects that are material to the CIDI's full resolution submission. (d) Content of the full resolution submissions for CIDIs. (1) Identified strategy. (ii) A CIDI must utilize as its identified strategy the formation and stabilization of a bridge depository institution that continues operation through the completion of the resolution and exit from the bridge depository institution unless the CIDI determines and demonstrates in its resolution plan why another strategy: (A) Would be more appropriate for the size, complexity, and risk profile of the CIDI; (B) Reasonably could be executed by the FDIC across a range of likely failure scenarios; and (C) Best addresses the credibility criteria described in paragraph (f)(1) of this section. (iii) The identified strategy must include meaningful optionality for execution across a range of scenarios. The exit from the bridge depository institution may be through a multiple acquirer exit, or any other exit strategy following the stabilization of the operations of the bridge depository institution. The identified strategy may not be based upon a sale or other disposition to one or more acquirers over resolution weekend. (2) Failure scenario. et seq. (i) May be applicable to all CIDIs or only specific individual CIDIs; and (ii) May include additional conditions, such as different macroeconomic stress scenario information or assumptions with respect to the cause of failure. If the FDIC provides such additional or alternative parameters, the CIDI must use the additional or alternative parameters rather than the conditions specified in paragraph (d)(2) of this section, to the extent inconsistent with the conditions specified in paragraph (d)(2) of this section. (3) Executive summary. (i) A description of the key elements of the identified strategy; (ii) An overview of the CIDI's core business lines and franchise components; (iii) A description of each material change since the prior resolution plan addressing the changed element (or affirmation that no such material change has occurred); (iv) A discussion of the changes to the CIDI's previously submitted resolution plan resulting from any change in law or regulation, guidance, or feedback from the FDIC, or material change; and (v) A discussion of any actions taken by the CIDI since the submission of its prior resolution plan to further develop the quality or comprehensiveness of the information and analysis included in the resolution plan, including the identified strategy, or to improve its capabilities to develop and timely deliver that information and analysis. (4) Organizational structure: legal entities; core business lines; and branches. (i) Identify and describe the CIDI's, the parent company's, and the parent company affiliates' legal and functional structures, including all material entities. (ii) Identify and describe each of the CIDI's core business lines, including whether any core business line draws additional value from, or relies on the operations of, the parent company or a parent company affiliate, and identify any such operations that are cross-border. Provide information about the assets and annual revenue for each core business line, clearly identifying revenue to the CIDI. (iii) Map franchise components to core business lines, and franchise components and core business lines to material entities and regulated subsidiaries. (iv) Describe the CIDI's branch organization, both domestic and foreign, including the address and total domestic and foreign deposits of each branch. (v) Identify each CIDI subsidiary that is one of the following legal entities (each a “regulated subsidiary”), and provide the address and asset size of each regulated subsidiary: (A) A broker or dealer that is registered under the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq. (B) A registered investment adviser, properly registered by or on behalf of either the Securities and Exchange Commission or any State, with respect to the investment advisory activities of such investment adviser and activities incidental to such investment advisory activities; (C) An investment company that is registered under the Investment Company Act of 1940 (15 U.S.C. 80a-1 et seq. (D) An insurance company, with respect to insurance activities of the insurance company and activities incidental to such insurance activities, that is subject to supervision by a State insurance regulator; (E) A legal entity that is subject to regulation by, or registration with, the Commodity Futures Trading Commission, with respect to activities conducted as a futures commission merchant, commodity trading adviser, commodity pool, commodity pool operator, swap execution facility, swap data repository, swap dealer, major swap participant, and activities that are incidental to such commodities and swaps activities; (F) A corporation organized under12 U.S.C. 611 et seq. et seq.; (G) Any legal entity that is organized under the law of any jurisdiction other than the United States and that is authorized or supervised by a regulatory authority of such jurisdiction in a manner generally comparable to the U.S. legal entities and authorities described in paragraphs (d)(4)(v)(A) through (E) of this section, and includes any subsidiary that takes deposits or conducts the business of banking under the laws of such jurisdiction. (vi) Identify all of the CIDI's subsidiaries, offices, and agencies with cross-border operations associated with the operations of any core business line or franchise component. For each such subsidiary, office, or agency, provide metrics that appropriately depict its size and significance, and the location of each such subsidiary, office, and agency. (5) Methodology for material entity designation. (6) Separation from parent; potential barriers or material obstacles to orderly resolution. et seq. (7) Overall deposit activities. (i) Describe the CIDI's overall deposit activities, including, insured and uninsured deposits, and particular deposit concentrations or other aspects of the deposit base or underlying systems that may create operational complexity for the FDIC. Describe how any types or groups of deposits are related to a core business line, business segment, or franchise component, and if so, how those types or groups of deposits are identified on the records or systems of the CIDI. (ii) Identify the total amount of foreign deposits by jurisdiction and what percentage of foreign deposits is dually payable in the United States. Describe any relationship between foreign deposits and core business lines and any deposit sweep arrangements with foreign branches, subsidiaries, and affiliates. (iii) Identify and describe deposit sweep arrangements, if any, that the CIDI has with the parent company, parent company affiliates, or third parties, and identify contracts governing such deposit sweep arrangements. Describe the CIDI's reporting capabilities on sweep deposits, including whether such reporting is automated and any data lag that affects the accuracy of such reports. If the CIDI receives significant amounts of deposits through such deposit sweep arrangements with the parent company or parent company affiliates, include a detailed discussion of such relationships and the business objectives of such deposit sweep arrangements. (iv) Identify all omnibus, deposit sweep, and pass-through accounts, and identify the accountholder, the location of relevant contracts, and the system on which the accounts are maintained. Provide a detailed discussion of the capabilities and timeliness of deposit reporting systems and capabilities to generate accurate and timely contact information with respect to any omnibus, deposit sweep, or pass-through accounts. (v) Provide a report regarding the CIDI's depositors that hold or control the largest deposits (whether in one account or multiple accounts) that collectively are material to one or more business segments (“key depositors”). The report must identify key depositors by name and business segment and the amount of deposit of each key depositor, and for each key depositor must identify other services provided by the CIDI to that depositor, such as lending, wealth management, brokerage services, or custody services. The full resolution submission must describe the CIDI's approach to identifying these key depositors and must describe how long it would take the CIDI to generate such a report and the timeliness of the information provided. (8) Critical services. (i) Identify and describe the CIDI's critical services and critical services support, including whether they are provided, in whole or in part, by or through: (A) The CIDI or a CIDI subsidiary or branch (and further indicate whether those critical services or critical services support are ultimately provided by a third party), or (B) The parent company or a parent company affiliate (and further indicate whether those critical services or critical services support are ultimately provided by a third party). (ii) Describe the CIDI's process for identifying critical services and critical services support. Describe the CIDI's process for collecting and monitoring the terms of contracts governing critical services and critical services support, and whether services provided pursuant to such contracts and associated costs can be segmented by the material entity, core business line, or franchise component that receives the critical service or critical service support. (iii) Map critical services support to the legal entities that own, contract for, or employ them, and map critical services to the material entities, core business lines, and franchise components that they support. (iv) Identify the physical locations and jurisdictions of critical service providers and critical services support that are located outside of the United States. (v) Identify the critical services and critical services support that may be at risk of interruption in the event of the CIDI's failure and describe the process used to make this determination. Describe the CIDI's approach for continuing critical services in the event of the CIDI's failure. Identify contracts for critical services that contain provisions that, upon the insolvency of the CIDI or the FDIC being appointed receiver of the CIDI, purport to permit the service provider to stop providing services, to alter pricing, or to alter other terms of service. Discuss potential obstacles to maintaining critical services that could occur in the event of the CIDI's failure and steps that could be taken to remediate or otherwise mitigate the risk of interruption, to include those critical services and critical services support provided by the parent company or a parent company affiliate and addressing: (A) Whether the CIDI and the parent company or parent company affiliate have entered into a written agreement and whether the written agreement has a cost plus or arms' length pricing rate, and the processes used by the CIDI to identify and project liquidity needs associated with those costs; and (B) The impact on continuity of critical services or critical services support provided by the parent company or a parent company affiliate if the parent company or parent company affiliate is in resolution under 11 U.S.C. 101 et seq. (9) Key personnel. (i) Identify all key personnel by title, function, location, core business line, and employing legal entity. (ii) Describe the CIDI's methodology for identifying key personnel. (iii) Provide a recommended approach for retaining key personnel during the CIDI's resolution. (iv) Identify all employee benefit programs provided to key personnel, including health insurance, defined contribution and defined benefit retirement programs, and any other employee wellness programs, as well as any collective bargaining agreements or other similar arrangements. Identify the legal entity sponsor of each employee benefit program, and provide a description of and points of contact (by title) for such programs. (10) Franchise components. (i) Identify franchise components that are currently separable, and are marketable in a timely manner in resolution. For a resolution plan of a group A CIDI, the franchise components identified must be sufficient to implement the identified strategy. (ii) Provide metrics that depict the size and significance of each franchise component. (iii) Identify by position the senior management officials of the CIDI who are primarily responsible for overseeing the business activities underlying the franchise component. (iv) Describe the CIDI's current capabilities and process to initiate marketing of franchise components to potential third party acquirers, and describe the process by which the CIDI would identify prospective bidders for such franchise components. (v) Describe the key assumptions (such as market conditions, available time to market assets, and anticipated client behaviors) underpinning each franchise component divestiture. (vi) Describe any significant impediments and obstacles to execution, including significant legal, regulatory, cross-border or operational challenges to the divestiture of each franchise component. This description must also address impediments and obstacles to maintaining internal operations (for example, shared services, information technology requirements, and human resources) and to maintaining access to financial market utilities. Identify the material actions that would be needed to facilitate the sale or disposition of each franchise component and, based on the CIDI's current capabilities, describe the projected time frame to prepare for and execute the disposition of each franchise component. (vii) If a CIDI subsidiary or a parent company affiliate is a broker-dealer that provides services to the CIDI or customers of the CIDI, describe such services and the integration of the broker-dealer with the CIDI's business and operations. Provide an analysis discussing the challenges that could arise upon the discontinuation of services if the CIDI were separated from the broker-dealer, and actions to mitigate such challenges. (viii) Describe the CIDI's current capabilities and processes to establish a virtual data room promptly in the run-up to or upon failure of the CIDI that could be used to carry out sale of the IDI franchise as well as any or all of the CIDI's franchise components, including a description of the organizational structure of information within the virtual data room. Information in the virtual data room must support the ability of the FDIC to market and execute a timely sale or disposition of the IDI franchise or the CIDI's franchise components, be appropriate for a buyer to conduct due diligence for a timely sale or disposition of the IDI franchise or the CIDI's franchise components, and be sufficient to permit a bidder to provide a competitive bid on the IDI franchise or the CIDI's franchise components. A full resolution submission must also describe expected access protocols and requirements for the FDIC to use the virtual data room in order to carry out the sale of the IDI franchise or the CIDI's franchise components, including the FDIC's ability to facilitate bidder due diligence, and describe how information populated within the virtual data room could be transferred to a virtual data room hosted by the FDIC. The full resolution submission should identify the time required to capture all elements of information in the virtual data room, indicating number of days it would take to populate each category of information described below, and the process for each, including any potential obstacles or impediments in producing accurate, timely, and complete information in a useful format. The content of the virtual data room must include the following elements, or those that are applicable in the case of a sale of a franchise component: (A) Financial information, including annual and interim financial statements, including carve-out financial statements for franchise components, general ledger, and relevant financial information; (B) Deposit data and information; (C) Loan and lending operations information; (D) Securities information, including relevant information describing the CIDI's securities and investment portfolio; (E) Corporate organization information, including current organizational chart; (F) Employee information, including organization charts, compensation, and benefits; (G) Material contracts and critical services information, including key critical services agreements, leases, and bond indentures; and (H) Other information necessary to facilitate a rapid and effective due diligence process for the sale of the IDI franchise or the CIDI's franchise components. (11) Material asset portfolios. (12) Valuation to facilitate FDIC's assessment of least-costly resolution method. (i) Provide a detailed description of the approaches the CIDI would employ for determining the values of the franchise components and the IDI franchise as a whole, including the underlying assumptions and rationale. Describe the CIDI's approach to the development of the information needed to support valuation analysis, including a description of the CIDI's current ability to produce updated projections, timely if necessary, to support the FDIC's analysis to determine whether a resolution strategy would be the least costly to the Deposit Insurance Fund in the event of failure. (ii) Provide the following valuation analysis based upon the failure scenario assumed in the development of the identified strategy, with such adjustments to the scenario as may be necessary to demonstrate the analysis required under paragraph (d)(12)(ii)(B) of this section: (A) Valuation estimates of the IDI franchise, and where a multiple acquirer exit strategy is incorporated in the identified strategy, a sum-of-the-parts analysis. In determining these valuation estimates, the CIDI must consider appropriate valuation approaches, such as the income-based approach, asset-based approach, and market-based approach. In deriving a range of estimates of value, the CIDI must assess and provide a reasoned quantitative or qualitative analysis in support of whether the conclusion of value should reflect the results of one valuation approach and method, or a combination of the results of more than one valuation approach and method; as appropriate, the resolution plan must discuss the relevance and weight given to the different valuation approaches and methods used. (B) A qualitative analysis of the impact on franchise value that may result from not transferring any uninsured deposits to the bridge depository institution, including a narrative describing any options to mitigate franchise value destruction where there is not a transfer of all deposits to a bridge depository institution such as, an advance dividend payment to depositors that takes into account the expected loss to depositors, and the impact of such an advance dividend on depositor behavior and preservation of franchise value at different levels of loss. Such qualitative analysis should reflect reasonable assumptions of customer behavior based upon the CIDI's range of services provided to, and interconnections with, depositors. (iii) Provide all content responsive to paragraph (d)(12)(ii) of this section as an appendix to the resolution plan, including any analysis of liquidity and deposit runoff assumptions and factors underlying such runoff estimates. (13) Off-balance-sheet exposures. (14) Qualified financial contracts. (i) Describe the types of qualified financial contract transactions the CIDI is involved with in respect of its customers and business activities, the core business lines and franchise components with which such transactions are associated, and how the CIDI offsets position risk from such transactions. Identify customers of the CIDI that are counterparties to qualified financial contracts transactions with the CIDI that are significant in terms of gross notional amounts or volumes of transactions. (ii) Describe the booking models for risk from derivative transactions, including whether customer-facing risk or other dealer-facing risk resides in the CIDI while the position risk hedging is performed by a parent company affiliate. Describe the CIDI's use of any “global risk book,” “remote bookings,” or “back-to-backs” booking model, identify the challenges these booking models present to the transfer or unwind of such related derivatives, and analyze approaches for addressing those challenges. (iii) Describe how the CIDI uses qualified financial contracts to manage its hedging or liquidity needs, including specifying the hedged items (including underlying risk, cash flow, assets or liability being hedged) and the applicable core business line, as well as the approach used to mitigate such risks. (iv) For each of paragraphs (d)(14)(i) through (iii) of this section, identify hedges that receive hedge accounting treatment, core business line-specific hedges, and reporting capabilities and practices for hedge accounting information and other end-user hedges. (15) Unconsolidated balance sheet; material entity and regulated subsidiary financial statements. (16) Payment, clearing, and settlement. (i) Map those PCS service providers to the CIDI's legal entities, core business lines, and franchise components; (ii) Describe the PCS services provided by such PCS service providers, including the value and volume of activities on a per-provider basis; and (iii) Describe the CIDI's role as a PCS service provider that is material in terms of revenue to, or value of, any franchise component or core business line. (17) Capital structure; funding sources. (i) Provide descriptions of the current processes used by the CIDI to identify the funding, liquidity, and capital needs of and resources available to each material entity that is a CIDI subsidiary or foreign branch. Describe the current capabilities of the CIDI to project and report its funding and liquidity needs ( e.g., (ii) Identify the composition of the liabilities of the CIDI including the types and amounts of short-term and long-term liabilities by type and term to maturity, secured and unsecured liabilities, and subordinated liabilities. Such information must include whether such liabilities are held by affiliates, whether they are publicly issued, their maturity, any call rights provided, and, where applicable, the identity of their indenture trustees. (iii) Identify the material funding relationships and material inter-affiliate exposures between the CIDI and any CIDI subsidiary or foreign branch that is a material entity, including material inter-affiliate financial exposures, claims or liens, lending or borrowing lines and relationships, guaranties, deposits, and derivatives transactions. (18) Parent and parent company affiliate funding, transactions, accounts, exposures, and concentrations. (i) Identify material affiliate funding relationships, and material inter-affiliate exposures, including terms, purpose, and duration, that the CIDI or any CIDI subsidiary has with the parent company or any parent company affiliate. Such information must include material affiliate financial exposures, claims or liens, lending or borrowing lines and relationships, guaranties, deposits, and derivatives transactions. (ii) Identify the nature and extent to which the parent company or any parent company affiliate serves as a source of funding to the CIDI and CIDI subsidiaries, the terms of any contractual arrangements, including any capital maintenance agreements, the location of related assets, funds, or deposits, and the mechanisms by which funds are transferred from the parent company or any parent company affiliate to the CIDI and CIDI subsidiaries. (19) Economic effects of resolution. (i) To a geographic area or region of the United States; (ii) To a business sector or product line in that geographic area or region, or nationally; or (iii) To other financial institutions. The full resolution submission must include a discussion of mitigants to the potential impact of termination of those activities in the event of failure of the CIDI, including whether the activity is readily substitutable. (20) Non-deposit claims. (21) Cross-border elements. (22) Management information systems; software licenses; intellectual property. (i) Provide a detailed inventory and description of the key management information systems and applications, including systems and applications for risk management, accounting, and financial and regulatory reporting, as well as those used to provide the information required to be provided in the full resolution submission, used by or for the benefit of the CIDI and CIDI subsidiaries. For each system or application the description must identify the legal owner or licensor, the key personnel needed to support and operate the system or application, the system or application's use and function, any core business line that uses the system or application, its physical location (if any), any related third party contracts or service-level agreements, any related software or systems licenses, and any other related intellectual property. (ii) For any key management information system or application for which the CIDI or CIDI subsidiary is not the owner or licensor, describe both any obstacles to maintaining access to such system or application when the CIDI is in resolution, and approaches for maintaining access to such system or application when the CIDI is in resolution, including the projected costs of maintaining access when the CIDI is in resolution. (iii) Describe the capabilities of the CIDI's processes and systems to collect, maintain, and produce the information and other data underlying the full resolution submission. Identify all relevant management information systems and applications, and describe how the information is managed and maintained. Describe any deficiencies, gaps, or weaknesses in such capabilities and the actions the CIDI intends to take to address promptly any such deficiencies, gaps, or weaknesses, and the time frame for implementing such actions. (23) Digital services and electronic platforms. (i) Describe all digital services and electronic platforms offered to customers to support banking transactions for retail or business customers. (ii) Identify whether such services and platforms are provided by the CIDI, a CIDI subsidiary, a parent company affiliate, or a third party, and which of them owns the related intellectual property or is the licensee. (iii) Discuss how these services or platforms are significant to the operations or customer relationships of the CIDI, and their impact on franchise value and depositor behavior. (24) Communications playbook. (i) Identify categories of key stakeholders addressed in the CIDI's communications plans including, counterparties, domestic and foreign regulatory authorities, customers, and personnel. (ii) Identify communication channels for each key stakeholder category and describe the logistics and limitations of the use of each communication channel. (iii) Describe the procedures to generate contact lists for each key stakeholder category and estimate the time required to generate each list. (iv) Describe procedures for coordinating communications across key stakeholder categories and communications channels, including cross-border communications, if any. (v) Identify key personnel that are responsible for the CIDI's crisis communications across key stakeholder categories and communications channels and the functional and legal entity organization of relevant communications activities. (25) Corporate governance. (26) CIDI's assessment of the full resolution submission. (27) Any other material factor. (e) Interim supplement. (1) Submission date. (ii) Notwithstanding paragraph (e)(1)(i) of this section, with respect to all CIDIs, no interim supplement is required in the calendar year in which a full resolution submission is made and, with respect to a biennial filer, no interim supplement is required in the calendar year in which it submits a DFA resolution plan. (2) Content items for interim supplement. (i) A description of all material changes resulting from an extraordinary event; (ii) A description of each material change applicable to interim supplement content items since the submission of its prior full resolution submission (or affirmation that no such material change has occurred); (iii) The content required under paragraph (d)(4) of this section; (iv) From paragraph (d)(7) of this section, the content required under paragraph (d)(7)(i), the first sentence of paragraph (d)(7)(ii), the first sentence of paragraph (d)(7)(iii), the first sentence of paragraph (d)(7)(iv), and the first two sentences of paragraph (d)(7)(v) of this section; (v) From paragraph (d)(8) of this section, the content required under paragraphs (d)(8)(i) and (iv) of this section; (vi) From paragraph (d)(9) of this section, the content required under paragraph (d)(9)(i) of this section; (vii) From paragraph (d)(10) of this section, the content required under paragraphs (d)(10)(i) through (iii) of this section; (viii) From paragraph (d)(11) of this section, the content required under the first sentence of paragraph (d)(11) of this section; (ix) The content required under paragraph (d)(13) of this section, excluding the requirement to “map those exposures to core business lines, franchise components and material asset portfolios”; (x) The content required under paragraph (d)(15) of this section; (xi) From paragraph (d)(16) of this section, the content required under the first sentence of paragraph (d)(16) of this section; (xii) From paragraph (d)(17) of this section, the content required under the first sentence of paragraph (d)(17)(ii) of this section; (xiii) The content required under paragraph (d)(21) of this section; (xiv) From paragraph (d)(22) of this section, the content required under paragraph (d)(22)(i) of this section; and (xv) Any other content element expressly identified for the next interim supplement by the FDIC. (f) Credibility; review of full resolution submissions; engagement; capabilities testing Credibility criteria. (i) The identified strategy would not provide timely access to insured deposits, maximize value from the sale or disposition of assets, minimize any losses realized by creditors of the CIDI in resolution, and address potential risk of adverse effects on U.S. economic conditions or financial stability; or (ii) The information and analysis in the full resolution submission is not supported with observable and verifiable capabilities and data and reasonable projections or the CIDI fails to comply in any material respect with the requirements of paragraph (d) or (e) of this section. (2) Resolution submission review and credibility determination. (3) Resubmission of a full resolution submission. (4) Failure regarding resubmission. (5) Significant findings. (6) Engagement. (7) Capabilities testing. (g) No limiting effect on FDIC. (1) Financial information. (2) Indexing of information and analysis to full resolution submission and interim supplement content requirements. (3) Combined full resolution submission or interim supplements by affiliated CIDIs. (h) Form of full resolution submissions; confidential treatment of full resolution submissions and interim supplements. (i) The names of material entities; (ii) A description of core business lines; (iii) Consolidated financial information regarding assets, liabilities, capital and major funding sources; (iv) A description of derivative activities and hedging activities; (v) A list of PCS service providers; (vi) A description of foreign operations; (vii) The identities of material supervisory authorities; (viii) The identities of the principal officers; (ix) A description of the corporate governance structure and processes related to resolution planning; (x) A description of material management information systems; and (xi) For group A CIDIs only, a description, at a high level, of the CIDI's identified strategy. (2) The confidentiality of full resolution submissions and interim supplements must be determined in accordance with applicable exemptions under the Freedom of Information Act (5 U.S.C. 552(b)) and the FDIC's Disclosure of Information Rules (12 CFR part 309). (3) Any CIDI submitting a full resolution submission, interim supplement, or related materials pursuant to this section that desires confidential treatment of the information submitted pursuant to 5 U.S.C. 552(b)(4) and 12 CFR part 309 and related policies may file a request for confidential treatment in accordance with those rules. (4) To the extent permitted by law, information comprising the Confidential Section of a full resolution submission and the information comprising an interim supplement will be treated as confidential. (5) To the extent permitted by law, the submission of any non-publicly available data or information under this section will not constitute a waiver of, or otherwise affect, any privilege arising under Federal or State law (including the rules of any Federal or State court) to which the data or information is otherwise subject. Privileges that apply to full resolution submissions and related materials are protected pursuant to 12 U.S.C. 1828(x). (i) Extensions and exemptions Extension. (2) Waiver. (j) Enforcement. [89 FR 56648, July 9, 2024] § 360.11 Records of failed insured depository institutions. (a) Definitions. (1) Failed insured depository institution (2) Insured depository institution (3) Records (i) Examples of records include, without limitation, board or committee meeting minutes, contracts to which the insured depository institution was a party, deposit account information, employee and employee benefits information, general ledger and financial reports or data, litigation files, and loan documents. (ii) Records do not include: (A) Multiple copies of records; or (B) Examination, operating, or condition reports prepared by, on behalf of, or for the use of the FDIC or any agency responsible for the regulation or supervision of insured depository institutions. (b) Determination of records. (1) Whether the documentary material related to the business of the insured depository institution, (2) Whether the documentary material was generated or maintained as records in the regular course of the business of the insured depository institution in accordance with its own recordkeeping practices and procedures or pursuant to standards established by its regulators, (3) Whether the documentary material is needed by the FDIC to carry out its receivership function, and (4) The expected evidentiary needs of the FDIC. (c) The FDIC's determination that documentary material from a failed insured depository institution constitutes records is solely for the purpose of identifying that documentary material that must be maintained pursuant to 12 U.S.C. 1821(d)(15)(D) and shall not bear on the discoverability or admissibility of such documentary material in any court, tribunal or other adjudicative proceeding, nor on whether such documentary material is subject to release under the Freedom of Information Act, the Privacy Act or other law. (d) Destruction of records. (2) Notwithstanding paragraph (d)(1) of this section, the FDIC may destroy records of a failed insured depository institution which are at least 10 years old as of the date on which the FDIC is appointed as the receiver of such institution in accordance with paragraph (d)(1) of this section at any time after such appointment is final, without regard to the six-year period of limitation contained in paragraph (d)(1) of this section. (e) Transfer of records. (f) Policies and procedures. [78 FR 54376, Sept. 4, 2013] Appendix A to Part 360—Non-Monetary Transaction File Structure This is the structure of the data file the FDIC will provide to remove or add a FDIC hold for an individual account or sub-account. The file will be in a tab- or pipe-delimited ASCII format and provided through FDICconnect or Direct Connect. The file will be encrypted using an FDIC-supplied algorithm. Field name Field description Comments Format 1. DP__Acct__Identifier Account Identifier The Account Identifier may be composed of more than one physical data element. If multiple fields are required to identify the account, data should be placed in separate fields and the FDIC instructed how these fields are combined to uniquely identify the account Character (25). 2. DP__Acct__Identifier—2 Account Identifier—2 Character (25). If necessary, the second element used to identify the account 3. DP__Acct__Identifier—3 Account Identifier—3 Character (25). If necessary, the third element used to identify the account 4. DP__Acct__Identifier—4 Account Identifier—4 Character (25). If necessary, the fourth element used to identify the account 5. DP__Acct__Identifier—5 Account Identifier—5 Character (25). If necessary, the fifth element used to identify the account 6. DP__Sub__Acct__Identifier Sub-Account Identifier The Sub-Account Identifier may identify separate deposits tied to this account where there are different processing parameters such as interest rates or maturity dates, but all owners are the same Character (25). 7. PH__Hold__Action Hold Action Character (1). Possible values are: • R = Remove • A = Add 8. PH__Hold__Amt Hold Amount Decimal (14,2). Dollar amount of the FDIC hold to be removed or added 9. PH__Hold__Desc Hold Description Character (225). FDIC hold to be removed or added [73 FR 41197, July 17, 2008] Appendix B to Part 360—Debit/Credit File Structure This is the structure of the data file the FDIC will provide to apply debits and credits to an individual account or sub-account after the removal of FDIC holds. The file will be in a tab- or pipe-delimited ASCII format and provided through FDICconnect or Direct Connect. The file will be encrypted using an FDIC-supplied algorithm. Field name Field description Comments Format 1. DP__Acct__Identifier Account Identifier The Account Identifier may be composed of more than one physical data element. If multiple fields are required to identify the account, data should be placed in separate fields and the FDIC instructed how these fields are combined to uniquely identify the account Character (25). 2. DP__Acct__Identifier—2 Account Identifier—2 Character (25). If necessary, the second element used to identify the account 3. DP__Acct__Identifier—3 Account Identifier—3 Character (25). If necessary, the third element used to identify the account 4. DP__Acct__Identifier—4 Account Identifier—4 Character (25). If necessary, the fourth element used to identify the account 5. DP__Acct__Identifier—5 Account Identifier—5 Character (25). If necessary, the fifth element used to identify the account 6. DP__Sub__Acct__Identifier Sub-Account Identifier The Sub-Account Identifier may identify separate deposits tied to this account where there are different processing parameters such as interest rates or maturity dates, but all owners are the same Character (25). 7. DC__Debit__Amt Debit Amount Decimal (14,2). Dollar amount of the debit to be applied to the account or sub-account 8. DC__Credit__Amt Credit Amount Decimal (14,2). Dollar amount of the credit to be applied to the account or sub-account 9. DC__Transaction__Desc Debit/Credit Description Character (225). FDIC message associated with the debit or credit transaction [73 FR 41197, July 17, 2008] Appendix C to Part 360—Deposit File Structure This is the structure for the data file to provide deposit data to the FDIC. If data or information are not maintained or do not apply, a null value in the appropriate field should be indicated. The file will be in a tab-or pipe-delimited ASCII format. Each file name will contain the institution's FDIC Certificate Number, an indication that it is a deposit file type and the date of the extract. The files will be encrypted using an FDIC-supplied algorithm. The FDIC will transmit to the covered institution the encryption algorithm over FDIC connect. The total deposit balances and the number of deposit accounts in each deposit file must be reconciled to the subsidiary system control totals. The FDIC intends to fully utilize a covered institution's understanding of its customers and the data maintained around deposit accounts. Should additional information be available to the covered institution to help the FDIC more quickly complete its insurance determination process, it may add this information to the end of this data file. Should additional data elements be provided, a complete data dictionary for these elements must be supplied along with a description of how this information could be best used to establish account ownership or insurance category. The deposit data elements provide information specific to deposit account balances and account data. The sequencing of these elements, their physical data structures and the field data format and field length must be provided to the FDIC along with the data structures identified below. A header record will also be required at the beginning of this file. This record will contain the number of accounts to be included in this file, the maximum number of characters contained in largest account title field maintained within the deposit file and the maximum number of characters contained in largest address field maintained within the deposit file. Note: Each record must contain the account title/name and current account statement mailing address. Fields 17-33 relate to the account name and address information. Some systems provide for separate fields for account title/name, street address, city, state, ZIP, and country, all of which are parsed out. Others systems may simply provide multiple lines for name, street address, city, state, ZIP, with no distinction. Populate fields that best fit the system's data, either fields 17-27 or fields 28-33. Field name Field description Comments Format 1. DP__Acct__Identifier Account Identifier The Account Identifier may be composed of more than one physical data element. If multiple fields are required to identify the account, data should be placed in separate fields and the FDIC instructed how these fields are combined to uniquely identify the account. Character (25). 2. DP__Acct__Identifier—2 Account Identifier—2 Character (25). 3. DP__Acct__Identifier—3 Account Identifier—3 Character (25). 4. DP__Acct__Identifier—4 Account Identifier—4 Character (25). 5. DP__Acct__Identifier—5 Account Identifier—5 Character (25). 6. DP__Sub__Acct__Identifier Sub-Account Identifier The Sub-Account Identifier may identify separate deposits tied to this account where there are different processing parameters such as interest rates or maturity dates, but all owners are the same. Character (25). 7. DP__Bank__No Bank Number Character (15). 8. DP__Tax__ID Tax ID For consumer accounts, typically, this would be the primary account holder's social security number (“SSN”). For business accounts it would be the federal tax identification number (“TIN”). Hyphens are optional in this field. Character (15). 9. DP__Tax__Code Tax ID Code Generally deposit systems have flags or indicators set to indicate whether the number is an SSN or TIN. Character (1). 10. DP__Branch Branch Number In lieu of a branch number this field may represent a specialty department or division. Character (15). 11. DP__Cost__Center Cost Center or G/L Code This field ties to the general ledger accounts. Character (20). 12. DP__Dep__Type Deposit Type Indicator A deposit—also called a “domestic deposit”—includes only deposit liabilities payable in the United States, typically those deposits maintained in a domestic office of an insured depository institution, as defined in section 3(l) of the Federal Deposit Insurance Act (12 U.S.C. 1813(l)). A foreign deposit is a deposit liability in a foreign branch payable solely at a foreign branch or branches. Character (1). 13. DP__Currency__Type Currency Type Character (3). 14. DP__Ownership__Ind Customer Ownership Indicator Single: Joint Account: Partnership Account: Corporation: Brokered Deposits: IRA Accounts: Character (2). Unincorporated Association: Revocable Trusts: Irrevocable Trusts: Government Accounts: Employee Benefit Plan: Other Accounts: 15. DP__Prod__Cat Product Category Product Category is sometimes referred to as “application type” or “system type”. Character (3). • DDA = Non-Interest Bearing Checking accounts. • NOW = Interest Bearing Checking accounts. • MMA = Money Market Deposit Accounts. • SAV = Other savings accounts. • CDS = Time Deposit accounts and Certificate of Deposit accounts, including any accounts with specified maturity dates that may or may not be renewable. 16. DP__Stat__Code Status Code Character (1). • O = Open. • D = Dormant. • I = Inactive. • E = Escheatment. • A = Abandoned. • C = Closing. • R = Restricted/Frozen/Blocked. 17. DP__Acct__Title—1 Account Title Line 1 These data will be used to identify the owners and beneficiaries of the account. Character (100). 18. DP__Acct__Title—2 Account Title Line 2 Character (100). 19. DP__Acct__Title—3 Account Title Line 3 Character (100). 20. DP__Acct__Title—4 Account Title Line 4 Character (100). 21. DP__Street__Add__Ln—1 Street Address Line 1 Character (100). 22. DP__Street__Add__Ln—2 Street Address Line 2 Character (100). 23. DP__Street__Add__Ln—3 Street Address Line 3 Character (100). 24. DP__City City Character (50). 25. DP__State State Use a two-character state code (official U.S. Postal Service abbreviations). Character (2). 26. DP__ZIP ZIP If the “ + 4” code is not available provide only the 5-digit ZIP code. Hyphens are optional in this field. Character (10). 27. DP__Country Country Provide the country name or the standard IRS country code. Character (10). 28. DP__NA__Line—1 Name/Address Line 1 Fields 28-33 are to be used if address data are not parsed to populate Fields 17-27. Character (100). 29. DP__NA__Line—2 Name/Address Line 2 Character (100). 30. DP__NA__Line—3 Name/Address Line 3 Character (100). 31. DP__NA__Line—4 Name/Address Line 4 Character (100). 32. DP__NA__Line—5 Name/Address Line 5 Character (100). 33. DP__NA__Line—6 Name/Address Line 6 Character (100). 34. DP__Cur__Bal Current Balance This balance should not be reduced by float or holds. For CDs and time deposits, the balance should reflect the principal balance plus any interest paid and available for withdrawal not already included in the principal (do not include accrued interest). The total of all current balances in this file should reconcile to the total deposit trial balance totals or other summary reconciliation of deposits performed by the institution. Decimal (14,2). 35. DP__Int__Rate Interest Rate Interest rate should be expressed in decimal format, i.e., 2.0% should be represented as 0.020000000. Decimal (10,9). 36. DP__Acc__Int Accrued Interest Decimal (14,2). 37. DP__Lst__Int__Pd Date Last Interest Paid Date (YYYYMMDD). 38. DP__Lst__Deposit Date Last Deposit For example, a deposit that included checks and/or cash. Date (YYYYMMDD). 39. DP__Int__Term__No Interest Term Number Decimal (3,0). 40. DP__Nxt__Mat Date of Next Maturity For non-renewing CDs that have matured and are waiting to be redeemed this date may be in the past. Date (YYYYMMDD). 41. DP__Open__DT Account Open Date If the account had previously been closed and re-opened, this should reflect the most recent re-opened date. Date (YYYYMMDD). 42. DP__Sweep__Code Sweep Code Character (1). Indicates if the account is a sweep account. Possible values are: • Y = Yes. • N = No. 43. DP__Hold__To__Post Full Hold on the account: Indicator if all postings to this account are restricted. Possible values are: Character (1). • Y = Yes. • N = No. 44. DP__Issue__Val__Amt Issued Value Amount For CDs only. Decimal (14,2). 45. DP__Int__CD__Cde Type of Interest for CD For CDs only. Character (1). Possible values are: • C = Rate Change Allowed. • N = Rate Change Not Allowed. • R = Change Rate to Default at Renewal. • T = Rate Change Allowed Only During the Term. 46. DP__IRA__Cde IRA Code Optional code field to be used if available to help further identify the types of IRA accounts. Character (1). 47. DP__Deposit__Class__Type Deposit Class Type The institution may also use more or fewer class types. Character (10). • RTL = Retail. • FED = Federal government. • STATE = State government. • COMM = Commercial. • CORP = Corporate. • BANK = Bank Owned. • DUE TO = Other Banks. 48. DP__Product__Class__Cde Deposit Class Codes These Product Class codes are used in conjunction with the Deposit Class Types in field 51. This field is to be used in concert with fields 12 and 13 identified above to enable the financial institution to capture more detailed information concerning account types. It is the intent of the FDIC to have the financial institution map its detailed account types to the codes identified in this field. The institution may also use additional codes, but in this event the institution must supply the detailed description and code value for each additional code used. If no additional account product type detail is available then this field should be left blank. Character (2). FED [73 FR 41197, July 17, 2008] Appendix D to Part 360—Sweep/Automated Credit Account File Structure This is the structure of the data file to provide information to the FDIC on funds residing in investment vehicles linked to each non-closed deposit account or sub-account: (1) Involved in sweep activity where the sweep investment vehicle is not a deposit and is reflected on the books and records of the covered institution or (2) which accepts automated credits. A single record should be used for each instance where funds affiliated with the deposit account are held in an alternative investment vehicle. For any alternative investment vehicle, a separate account may or may not exist. If an account exists for the investment vehicle, it should be noted in the record. If no account exists, then a null value for the Sweep/Automated Credit Account Identifiers should be provided, but the remainder of the data fields defined below should be populated. For data provided in the Sweep/Automated Credit Account File, the total account balances and the number of accounts must be reconciled to subsidiary system control totals. The file will be in a tab- or pipe-delimited ASCII format. The files will be encrypted using an FDIC-supplied algorithm. The FDIC will transmit the encryption algorithm over FDIC connect. Field name Field description Comments Format 1. DP__Acct__Identifier Account Identifier The Account Identifier may be composed of more than one physical data element. If multiple fields are required to identify the account, data should be placed in separate fields and the FDIC instructed how these fields are combined to uniquely identify the account Character (25). 2. DP__Acct__Identifier—2 Account Identifier—2 Character (25). 3. DP__Acct__Identifier—3 Account Identifier—3 Character (25). 4. DP__Acct__Identifier—4 Account Identifier—4 Character (25). 5. DP__Acct__Identifier—5 Account Identifier—5 Character (25). 6. DP__Sub__Acct__Identifier Sub-Account Identifier The Sub-Account Identifier may identify separate deposits tied to this account where there are different processing parameters such as interest rates or maturity dates, but all owners are the same Character (25). 7. SW__Acct__Identifier Sweep/Automated Credit Account Identifier Funds may be swept into an investment vehicle not represented as an account. In this case this field should be a null value Character (25). 8. SW__Acct__Identifier—2 Sweep/Automated Credit Account Identifier—2 Character (25). 9. SW__Acct__Identifier—3 Sweep/Automated Credit Account Identifier—3 Character (25). 10. SW__Acct__Identifier—4 Sweep/Automated Credit Account Identifier—4 Character (25). 11. SW__Acct__Identifier—5 Sweep/Automated Credit Account Identifier-5 Character (25). 12. SW__Sub__Acct__Identifier Sweep/Automated Credit Sub-Account Identifier Character (25). 13. SW__Type Sweep/Automated Credit Type The investment vehicle. Possible values are: Character (3). 14. SW__Inv__Amount Fund Balance in Sweep/Automated Credit Investment Vehicle. Decimal (14,2). 15. SW__Currency__Type Currency Type Character (3). 16. SW__Hold__Amount FDIC Hold Amount Decimal (14,2). 17. SW__Sweep__Interval Sweep/Investment Frequency Character (2). [73 FR 41197, July 17, 2008] Appendix E to Part 360—Hold File Structure This is the structure of the data file to provide information to the FDIC for each legal or collateral hold placed on a deposit account or sub-account. If data or information are not maintained or do not apply, a null value in the appropriate field should be indicated. The file will be in a tab-or pipe-delimited ASCII format. Each file name will contain the institution's FDIC Certificate Number, an indication that it is a hold data file type and the date of the extract. The files will be encrypted using an FDIC-supplied algorithm. The FDIC will transmit the encryption algorithm over FDIC connect. Field name Field description Comments Format 1. DP__Acct__Identifier Account Identifier The Account Identifier may be composed of more than one physical data element. If multiple fields are required to identify the account, data should be placed in separate fields and the FDIC instructed how these fields are combined to uniquely identify the account Character (25). 2. DP__Acct__Identifier—2 Account Identifier—2 Character (25). If necessary, the second element used to identify the account 3. DP__Acct__Identifier—3 Account Identifier—3 Character (25). If necessary, the third element used to identify the account 4. DP__Acct__Identifier—4 Account Identifier—4 Character (25). If necessary, the fourth element used to identify the account 5. DP__Acct__Identifier—5 Account Identifier—5 Character (25). If necessary, the fifth element used to identify the account 6. DP__Sub__Acct__Identifier Sub-Account Identifier The Sub-Account Identifier may identify separate deposits tied to this account where there are different processing parameters such as interest rates or maturity dates, but all owners are the same. Character (25). 7. HD__Hold__Amt Hold Amount Decimal (14,2). Dollar amount of the hold 8. HD__Hold__Reason Hold Reason Character (2). • LN = Loan Collateral Hold • LG = Court Order Hold • FD = FDIC hold • OT = Other (do not include daily operational type holds) 9. HD__Hold__Desc Hold Description Character (255). Description of the hold available on the system 10. HD__Hold__Start__Dt Hold Start Date Date (YYYYMMDD). 11. HD__Hold__Exp__Dt Hold Expiration Date Date (YYYYMMDD) [73 FR 41197, July 17, 2008] Appendix F to Part 360—Customer File Structure This is the structure of the data file to provide to the FDIC information related to each customer who has an account or sub-account reported in the deposit data or sweep/automated credit account file. If data or information are not maintained or do not apply, a null value in the appropriate field should be indicated. The file will be in a tab-or pipe-delimited ASCII format. Each file name will contain the institution's FDIC Certificate Number, an indication that it is a customer file type and the date of the extract. The files will be encrypted using an FDIC-supplied algorithm. The FDIC will transmit the encryption algorithm over FDIC connect. Note: Each record must contain the customer's name and permanent legal address. Fields 4-12 relate to the customer name for individuals only. Fields 13-14 relate to the customer name for entities other than individuals. Some systems provide for separate fields for name, street address, city, state, ZIP, and country, all of which are parsed out. Others systems may simply provide multiple lines for name, street address, city, state, ZIP, with no distinction. In this case, certain name and address data elements must be parsed and provided in the appropriate fields. Field name Field description Comments Format 1. CS__Cust__Identifier Customer Identifier Character (25). The unique field used by the institution to identify the customer 2. CS__Tax__ID Customer Tax ID Number Hyphens are optional in this field Character (11). The tax identification number on record for the customer 3. CS__Tax__Code Customer Tax ID Code Character (1). The type of the tax identification number of the customer. Possible values are: • S = Social Security Number • T = Federal Tax Identification Number • O = Other 4. CS__Name__Line—1 Individual Customer Name Line 1 Character (100). If available, the free-form name narrative of the customer, first line 5. CS__Name__Line—2 Individual Customer Name Line 2 Character (100). If available, the free-form name narrative of the customer, second line. 6. CS__Last__Name Individual Customer Last Name This field is required if the data element is in the institution's records. If necessary, data should be parsed from fields 4 or 5 to obtain this element Character (50). 7. CS__First__Name Individual Customer First Name This field is required if the data element is in the institution's records. If necessary, data should be parsed from fields 4 or 5 to obtain this element Character (50). 8. CS__Middle__Name Individual Customer Middle Name This field is required if the data element is in the institution's records. If necessary, data should be parsed from fields 4 or 5 to obtain this element Character (50). 9. CS__Suffix Individual Professional Suffix This field is required if the data element is in the institution's records. If necessary, data should be parsed from fields 4 or 5 to obtain this element Character (20). 10. CS__Generation Individual Generational Suffix This field is required if the data element is in the institution's records. If necessary, data should be parsed from fields 4 or 5 to obtain this element Character (10). 11. CS__Prefix Individual Customer Prefix This field is required if the data element is in the institution's records. If necessary, data should be parsed from fields 4 or 5 to obtain this element Character (10). 12. CS__Birth__Dt Individual Customer Birth Date Date (YYYYMMDD). For individuals, the customer's birth date 13. CS__Ent__Name__Line—1 Entity Name Line 1 Character (100). For entities other than individuals, the free-form name narrative of the customer, first line 14. CS__Ent__Name__Line—2 Entity Name Line 2 Character (100). If available for entities other than individuals, the free-form name narrative of the customer, second line 15. CS__Nar__Addr__Line—1 Customer Address Line 1 Character (100). If available, the free-form permanent legal address narrative for the customer, line one 16. CS__Nar__Addr__Line—2 Customer Address Line 2 Character (100). If available, the free-form permanent legal address narrative of the customer, line two 17. CS__Nar__Addr__Line—3 Customer Address Line 3 Character (100). If available, the free-form permanent legal address narrative of the customer, line three 18. CS__Street__Address—1 Street Address Line 1 This field is required. If necessary, data should be parsed from fields 16 or 17 to obtain this element Character (100). 19. CS__Street__Address—2 Street Address Line 2 This field is required. If necessary, data should be parsed from fields 16 or 17 to obtain this element Character (100). 20. CS__City City This field is required. If necessary, data should be parsed from fields 16 or 17 to obtain this element Character (25). 21. CS__State State This field is required. If necessary, data should be parsed from fields 16 or 17 to obtain this element. Use a two-character state code (official U.S. Postal Service abbreviations) Character (2). 22. CS__ZIP ZIP This field is required. If necessary, data should be parsed from fields 16 or 17 to obtain this element. If the “ + 4” code is not available, provide only the 5-digit ZIP code. Hyphens are optional in this field Character (10). 23. CS__Country Country This field is required. If necessary, data should be parsed from fields 16 or 17 to obtain this element. Provide the name of the country or the standard IRS country code Character (10). 24. CS__Telephone Customer Telephone Number Character (20). The telephone number on record for the customer 25. CS__Email Customer Email Address Character (150). The e-mail address on record for the customer [73 FR 41197, July 17, 2008] Appendix G to Part 360—Deposit-Customer Join File Structure This is the structure of the data file to provide to the FDIC information necessary to link the records in the deposit and customer files. If data or information are not maintained or do not apply, a null value in the appropriate field should be indicated. The file will be in a tab- or pipe-delimited ASCII format. Each file name will contain the institution's FDIC Certificate Number, an indication that it is a join file type and the date of the extract. The files will be encrypted using an FDIC-supplied algorithm. The FDIC will transmit the encryption algorithm over FDIC connect. The deposit-customer join file will have one or more records for each deposit account, depending on the number of relationships to each account. A simple individual account, for example, will be associated with only one record in the deposit-customer join file indicating the owner of the account. A joint account with two owners will be associated with two records in the deposit-customer join file, one for each owner. The deposit-customer join file will contain other records associated with a deposit account to designate, among other things, beneficiaries, custodians, trustees and agents. This methodology allows the FDIC to know all of the possible relationships for an individual account and also whether a single customer is involved in many accounts. Field name FDIC field description Comments Format 1. CS__Cust__Identifier Customer Identifier Character (25). The unique field used by the institution to identify the customer 2. DP__Acct__Identifier Account Identifier The Account Identifier may be composed of more than one physical data element. If multiple fields are required to identify the account, the data should be placed in separate fields and the FDIC instructed how these fields are combined to uniquely identify the account Character (25). 3. DP__Acct__Identifier—2 Account Identifier—2 Character (25). If necessary, the second element used to identify the account 4. DP__Acct__Identifier—3 Account Identifier—3 Character (25). If necessary, the third element used to identify the account 5. DP__Acct__Identifier—4 Account Identifier—4 Character (25). If necessary, the fourth element used to identify the account 6. DP__Acct__Identifier—5 Account Identifier—5 Character (25). If necessary, the fifth element used to identify the account 7. DP__Sub__Acct__Identifier Sub-Account Identifier The Sub-Account Identifier may identify separate deposits tied to this account where there are different processing parameters such as interest rates or maturity dates, but all owners are the same Character (25). 8. CS__Rel__Code Relationship Code Institutions must map their relationship codes to the codes in the list to the left. If the institution maintains more relationships they must supply the additional relationship codes being utilized along with the code definition Character (5). • BNF = Beneficiary • CSV = Conservator • CUS = Custodian • DBA = Doing Business As • EXC = Executor • GDN = Guardian • MIN = Minor • PRI = Primary Owner • SEC = Secondary Owner(s) • TTE = Trustee 9. CS__Bene__Code Beneficiary Type Code This includes beneficiaries on retirement accounts, trust accounts, minor accounts, and payable-on-death accounts Character (1). • I = IRA • T = Trust—Irrevocable • R = Trust—Revocable • M = Uniform Gift to Minor • P = Payable on Death • O = Other [73 FR 41197, July 17, 2008] Appendix H to Part 360—Possible File Combinations for Deposit Data A covered institution must provide deposit data using separate deposit, sweep/automated credit, hold, customer, and deposit-customer join files. The simplest file structure involves providing one of each file. This basic file format is shown in Figure 1. Multiple combinations of deposit, sweep/automated credit, hold, customer, and deposit-customer join files are permissible, but only in the following circumstances: 1. Each separate deposit file must have companion sweep/automated credit and hold files covering the same deposit accounts. 2. A single customer file may be submitted covering customers affiliated with deposit accounts in one or more deposit files as long as the customer file contains information on all of the customers affiliated with the deposit files. 3. Several customer files may be submitted as long as each separate customer file contains information on all of the customers affiliated with the associated deposit files. Figure 2 shows a permissible file configuration using a single Customer File affiliated with Deposit File A and Deposit File B. As required, Deposit File A has a companion Sweep/Automated Credit File A and Hold File A. The same is true for Deposit File B. Another permissible combination of files is shown in Figure 3, which is a variation of the basic data file structure shown in Figure 1. [73 FR 41197, July 17, 2008]

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