Code of Federal Regulations Title 12. Banks and Banking § 163.140.to 163.146 [Reserved by 80 FR 28480]

(1) You are not eligible for expedited treatment under § 116.5 of this chapter

(2) The total amount of all of your capital distributions (including the proposed capital distribution) for the applicable calendar year exceeds your net income for that year to date plus your retained net income for the preceding two years.

(3) You would not be at least adequately capitalized, as set forth in 12 CFR 6.4, following the distribution

(4) Your proposed capital distribution would violate a prohibition contained in any applicable statute, regulation, or agreement between you and the OCC or the OTS, or violate a condition imposed on you in an application or notice approved by the OCC or the OT.

(1) You would not be well capitalized, as set forth under 12 CFR 6.4, following the distribution

(2) Your proposed capital distribution would reduce the amount of or retire any part of your common or preferred stock or retire any part of debt instruments such as notes or debentures included in capital under 12 CFR part 3 or part 167, as applicable (other than regular payments required under a debt instrument approved under § 163.81)

(3) You are a subsidiary of a savings and loan holding company,

If neither you nor your proposed capital distribution meet any of the criteria listed in paragraphs (a) and (b) of this section.

If you are a subsidiary of a stock savings and loan holding company that is filing a notice with the Board of Governors of the Federal Reserve System (Board) for a cash divided pursuant to 12 U.S.C. 1467a(f) and neither an application under (a), nor a notice under (b)(1) or (b)(2) is required,