Capital standards

(A) In general Except as provided in subparagraph (B)(ii), the capital standards prescribed by each appropriate Federal banking agency shall include— (i) a leverage limit; and (ii) a risk-based capital requirement.

(B) Other capital measures An appropriate Federal banking agency may, by regulation— (i) establish any additional relevant capital measures to carry out the purpose of this section; or (ii) rescind any relevant capital measure required under subparagraph (A) upon determining (with the concurrence of the other Federal banking agencies) that the measure is no longer an appropriate means for carrying out the purpose of this section.

Each appropriate Federal banking agency shall, by regulation, specify for each relevant capital measure the levels at which an insured depository institution is well capitalized, adequately capitalized, undercapitalized, and significantly undercapitalized.

(A) Agency to specify level (i) Leverage limit Each appropriate Federal banking agency shall, by regulation, in consultation with the Corporation, specify the ratio of tangible equity to total assets at which an insured depository institution is critically undercapitalized. (ii) Other relevant capital measures The agency may, by regulation, specify for 1 or more other relevant capital measures, the level at which an insured depository institution is critically undercapitalized.

(B) Leverage limit range The level specified under subparagraph (A)(i) shall require tangible equity in an amount— (i) not less than 2 percent of total assets; and (ii) except as provided in clause (i), not more than 65 percent of the required minimum level of capital under the leverage limit.

(C) FDIC’s concurrence required The appropriate Federal banking agency shall not, without the concurrence of the Corporation, specify a level under subparagraph (A)(i) lower than that specified by the Corporation for State nonmember insured banks.