12 C.F.R. § 325.6

Required reports of stress test results to the FDIC and the Board of Governors of the Federal Reserve System

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(a) Report required for periodic stress test results. A covered bank must report to the FDIC and to the Board of Governors of the Federal Reserve System, on or before April 5 of the reporting year, the results of the stress test in the manner and form specified by the FDIC.

(b) Content of reports. (1) The reports required under paragraph (a) of this section must include under the baseline scenario, severely adverse scenario, and any other scenario required by the Corporation under this part, a description of the types of risks being included in the stress test, a summary description of the methodologies used in the stress test, and, for each quarter of the planning horizon, estimates of aggregate losses, pre-provision net revenue, provision for loan and lease losses, net income, and pro forma capital ratios (including regulatory and any other capital ratios specified by the FDIC). In addition, the report must include an explanation of the most significant causes for the changes in regulatory capital ratios and any other information required by the Corporation.

(2) The description of aggregate losses and net income must include the cumulative losses and cumulative net income over the planning horizon, and the description of each regulatory capital ratio must include the beginning value, ending value, and minimum value of each ratio over the planning horizon.

(c) Confidential treatment of information submitted. The confidentiality of information submitted to the Corporation under this part and related materials will be determined in accordance with applicable law including any available exemptions under the Freedom of Information Act (5 U.S.C. 552(b)) and the FDIC's Rules and Regulations regarding the Disclosure of Information (12 CFR part 309).

[84 FR 56934, Oct. 24, 2019]

Notes of Decisions

Cited in 2 cases, 1991–1995 · leading case: Fed. Deposit Ins. Corp. v. Bank of Coushatta, 930 F.2d 1122 (5th Cir. 1991).

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Fed. Deposit Ins. Corp. v. Bank of Coushatta, 930 F.2d 1122 (5th Cir. 1991). · cites it 2× “12 C.F.R. § 325.6 (c)(1). The bank has 14 days to respond, including explaining why the directive should not issue and seeking *1127 modification of its terms.”

Doolin Sec. Sav. Bank, F.S.B. v. Fed. Deposit Ins. Corp., 53 F.3d 1395 (4th Cir. 1995). “at 1130 (discussing 12 C.F.R. § 325.6 ). In applying the Mathews test to the procedures, the Fifth Circuit concluded that the procedures satisfied due process.”

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