567.10—Consequences of failure to meet capital requirements.
(2)
The Director shall require any savings association not in compliance with capital standards to submit a capital plan that:
(ii)
Describes the manner in which the savings association will increase capital so as to achieve compliance with capital standards;
(iv)
Requires any increase in assets to be accompanied by increase in tangible capital not less in percentage amount than the leverage limit then applicable;
(v)
Requires any increase in assets to be accompanied by an increase in capital not less in percentage amount than required under the risk-based capital standard then applicable; and
(3)
To be acceptable to the Director under this section, a plan must, in addition to satisfying all of the requirements set forth in paragraphs (a)(2)(i) through (a)(2)(v) of this section, contain a certification that while the plan is under review by the Office, the savings association will not, without the prior written approval of the Regional Director:
(iii)
Act inconsistently with any other limitations on activities established by statute, regulation or by the Office in supervisory guidance for savings associations not meeting capital standards.
(4)
If the plan submitted to the Director under paragraph (a)(2) of this section is not approved by the Office, the savings association shall immediately and without any further action, be subject to the following restrictions:
(i)
It may not increase its assets beyond the amount held on the day it receives written notice of the Director's disapproval of the plan; and
(ii)
It must comply with any other restrictions or limitations set forth in the written notice of the Director's disapproval of the plan.
(1)
Prohibit any asset growth by any savings association not in compliance with capital standards, except as provided in paragraph (d) of this section; and
(2)
Require any savings association not in compliance with capital standards to comply with a capital directive issued by the Director which may include the restrictions contained in paragraph (e) of this section and any other restrictions the Director determines appropriate.
(c)
A savings association that wishes to obtain an exemption from the sanctions provided in paragraph (b)(2) of this section must file a request for exemption with the Regional Director. Such request must include a capital plan that satisfies the requirements of paragraph (a)(2) of this section.
(d)
The Director may permit any savings association that is subject to paragraph (b) of this section to increase its assets in an amount not exceeding the amount of net interest credited to the savings association's deposit liabilities, if:
(2)
Any increase in assets is accompanied by an increase in tangible capital in an amount not less than 3% of the increase in assets;
(3)
Any increase in assets is accompanied by an increase in capital not less in percentage amount than required under the risk-based capital standards then applicable;
(5)
The savings association's ratio of core capital to total assets is not less than the ratio existing on January 1, 1991.
(e)
If a savings association fails to meet the risk-based capital requirement, the leverage ratio requirement, or the tangible capital requirement established under this part, the Director may, through enforcement proceedings or otherwise, require such savings association to take one or more of the following corrective actions:
(2)
Convene a meeting or meetings with the Office's supervision staff for the purpose of accomplishing the objectives of this section;
(5)
Cease or limit the issuance of new accounts of any or all classes or categories, except in exchange for existing accounts;
(10)
Take such other action or actions as the Director may deem necessary or appropriate for the safety and soundness of the savings association, or depositors or investors in the savings association.
(f)
The Director shall treat as an unsafe and unsound practice any material failure by a savings association to comply with any plan, regulation, written agreement undertaken under this section or order or directive issued to comply with the requirements of this part.