Page:United States Statutes at Large Volume 106 Part 5.djvu/338

 106 STAT. 3976 PUBLIC LAW 102-550—OCT. 28, 1992 (2) 0.45 percent of the unpaid principal balance of outstanding mortgage-backed securities and substantiall}^ equivalent instruments issued or guaranteed by the enterprise that are not included in paragraph (1); and (3) 0.45 percent of other off-balance sheet obligations of the enterprise not included in paragraph (2) (excluding commitments in excess of 50 percent of the average dollar amount of the commitments outstanding each quarter over the preceding 4 quarters), except that uie Director shall a4just such percentage to reflect differences in the credit risk of such obligations in relation to the instruments included in paragraph (2). (b) TRANSITION.— Notwithstanding subsection (a), during the 18-month period beginning upon the date of the enactment oi this Act, the minimum capital level for each enterprise shall be the sum of— (1) 2.25 percent of the aggregate on-balance sheet assets of the enterprise, as determined in accordance with generally accepted accounting principles; (2) 0.40 percent of the unpaid principal balance of outstanding mortgage-backed securities and substantially equivalent instruments issued or guaranteed by the enterprise that are not included in paragraph (1); and (3) 0.40 percent of other off-balance sheet obligations of the enterprise not included in paragraph (2) (excluding commitments in excess of 50 percent of the average dollar amount of the commitments outstanding each quarter over the preceding 4 quarters), except that the Director shall adjust such percentage to reflect differences in the credit risk of such obligations in relation to the instruments included in paragraph (2). 12 USC 4613. SEC. 1363. CRITICAL CAPITAL LEVELS. For purposes of this subtitle, the critical capital level for each enterprise shall be the simi of— (1) 1.25 percent of the aggregate on-balance sheet assets of the enterprise, as determined m accordance with generally accepted accounting principles; (2) 0.25 percent of the unpaid principal balance of outstanding mortgage-backed securities and substantially equivalent instruments issued or guaranteed by the enterprise that are not included in paragraph (1); and (3) 0.25 percent of other off-balance sheet obligations of the enterprise not included in paragraph (2) (excluding commitments in excess of 50 percent of the average dollar amount of the commitments outstanding each quarter over the preceding 4 quarters), except that the Director shall adjust such percentage to reflect differences in the credit risk of such obligations in relation to the instruments included in paragraph (2). 12 USC 4614. SEC. 1364. CAPITAL CLASSIFICATIONS. (a) IN GENERAL. —For purposes of this subtitle, the Director shall classify the enterprises according to the following capital classifications: (1) ADEQUATELY CAPITALIZED.— An enterprise shall be classified as adequately capitalized if the enterprise—

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