1777.3—Definitions.
For purposes of this part, the following definitions will apply:
1992 Act means the Federal Housing Enterprises Financial Safety and Soundness Act, 12 U.S.C. 4501
et seq.
Affiliate means an entity that controls an Enterprise, is controlled by an Enterprise, or is under common control with an Enterprise.
Capital distribution means:
(1)
Any dividend or other distribution in cash or in kind made with respect to any shares of, or other ownership interest in, an Enterprise, except a dividend consisting only of shares of the Enterprise; and
(2)
Any payment made by an Enterprise to repurchase, redeem, retire, or otherwise acquire any of its shares or other ownership interests, including any extension of credit made to finance an acquisition by the Enterprise of such shares or other ownership interests, except to the extent the Enterprise makes a payment to repurchase its shares for the purpose of fulfilling an obligation of the Enterprise under an employee stock ownership plan that is qualified under section 401 of the Internal Revenue Code of 1986 (26 U.S.C. 401
et seq.) or any substantially equivalent plan as determined by the Director of OFHEO in writing in advance.
Core capital has the same meaning as provided in 12 CFR 1750.2.
Critical capital level means the amount of core capital that is equal to the sum of one half of the amount determined under 12 CFR 1750.4(a)(1) and five-ninths of the amounts determined under 12 CFR 1750.4(a)(2) through 1750.4(a)(7).
Enterprise means the Federal National Mortgage Association and any affiliate thereof, and the Federal Home Loan Mortgage Corporation and any affiliate thereof.
Minimum capital level means the minimum amount of core capital specified for an Enterprise pursuant to section 1362 of the 1992 Act (12 U.S.C. 4612 ), as determined under 12 CFR 1750.4.
OFHEO means the Office of Federal Housing Enterprise Oversight.
Risk-based capital level means the amount of total capital specified for an Enterprise pursuant to section 1361 of the 1992 Act (12 U.S.C. 4611 ), as determined under OFHEO's regulations implementing section 1361.
Total capital has the same meaning as provided at 12 CFR 1750.11(n).