US Agencies Issue Interim Rule on Capital Treatment of Loans Under PPP
US Agencies (FDIC, FED, and OCC) announced an interim final rule to encourage lending to small businesses through the Small Business Administration's Paycheck Protection Program (PPP). The interim final rule modifies the agencies' capital rules to neutralize the regulatory capital effects of participating in the PPP liquidity facility because there is no credit or market risk in association with PPP loans pledged to the facility. The interim final rule also clarifies that a 0% risk-weight applies to loans covered by the PPP for capital purposes. The interim final rule is effective April 13, 2020. Comments on the interim final rule must be received no later than May 13, 2020. In addition, FED is temporarily revising the FR Y-9 family of reporting forms. FED also updated the FR Y-9C form and the associated supplemental instructions.
FED has temporarily revised the Financial Statements for Holding Companies (FR Y-9; OMB No. 7100-0128). The revisions are applicable only to reports reflecting the March 31, 2020 as-of date. FED is also inviting comment on a proposal to revise and extend the form for three years. Comments must be submitted by June 08, 2020. FED has temporarily revised the instructions to the FR-9C to allow holding companies to incorporate the effects of the Money Market Mutual Fund Liquidity Facility (MMLF) interim final rule, which was published on March 23, 2020; the revision is for the FR Y-9C submission reflecting the March 31, 2020 as-of date. The revised instructions reflect the exclusion of non-recourse exposures acquired under the MMLF from a holding company's total leverage exposure, average total consolidated assets, advanced approaches total risk-weighted assets, and standardized total risk-weighted assets, as applicable. Specifically, the revised instructions permit eligible holding companies to assign a zero percent risk-weight to exposures to the MMLF for purposes of determining the risk-weighted assets and leverage ratio. FED has determined that these temporary revisions to the FR Y-9C must be instituted quickly.
The interim final rule on PPP Liquidity (PPPL) Facility highlights that an eligible banking organization that participates in the PPPL Facility could potentially be subject to increased regulatory capital requirements. The agencies believe that the regulatory capital requirements for PPP covered loans pledged by a banking organization to a Federal Reserve Bank as part of the PPPL Facility do not reflect the substantial protections from risk provided to the banking organization by the facility. The agencies believe that it would be appropriate to exclude the effects of these pledged PPP covered loans from the regulatory capital of a banking organization. The interim final rule would permit banking organizations to exclude exposures pledged as collateral to the PPPL Facility from a banking organization's total leverage exposure, average total consolidated assets, advanced approaches total risk-weighted assets, and standardized total risk-weighted assets, as applicable.
FED took additional actions to provide up to USD 2.3 trillion in loans to support the economy. This funding will assist households and employers of all sizes and bolster the ability of state and local governments to deliver critical services during the COVID-19 pandemic. The actions FED is taking to support the economy will:
- Bolster the effectiveness of the PPP by supplying liquidity to participating financial institutions through term financing backed by PPP loans to small businesses. The PPP Liquidity (PPPL) Facility will extend credit to eligible financial institutions that originate PPP loans, taking the loans as collateral at face value.
- Ensure credit flows to small and mid-size businesses with the purchase of up to USD 600 billion in loans through the Main Street Lending Program. The Department of the Treasury, using funding from the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) will provide USD 75 billion in equity to the facility.
- Increase the flow of credit to households and businesses through capital markets, by expanding the size and scope of the Primary and Secondary Market Corporate Credit Facilities (PMCCF and SMCCF), as well as the Term Asset-Backed Securities Loan Facility (TALF).
- Help state and local governments manage cash flow stresses caused by the COVID-19 pandemic by establishing a Municipal Liquidity Facility. The Treasury will provide USD 35 billion of credit protection to the FED for the Municipal Liquidity Facility, using funds appropriated by the CARES Act.
Related Links
- Press Release on Rule for PPPL Facility
- Interim Final Rule
- Federal Register Notice on FR Y-9
- Reporting Form and Instructions for FR Y-9C
- Supplemental Information for FR Y-9C
- Press Release on Additional Actions by FED
Comment Due Date: May 13, 2020/June 08, 2020
Effective Date: April 13, 2020
Keywords: Americas, US, Banking, Reporting, Regulatory Capital, MMLF, FR Y-9C, Credit Risk, Market Risk, COVID-19, Paycheck Protection Program, Liquidity Facility, US Agencies
Featured Experts

María Cañamero
Skilled market researcher; growth strategist; successful go-to-market campaign developer

Nicolas Degruson
Works with financial institutions, regulatory experts, business analysts, product managers, and software engineers to drive regulatory solutions across the globe.

Patrycja Oleksza
Applies proficiency and knowledge to regulatory capital and reporting analysis and coordinates business and product strategies in the banking technology area
Previous Article
CMF Announces Measures to Address Impact of COVID-19 OutbreakRelated Articles
EC Consults on PSD2 and Open Finance; EU Reaches Agreement on DORA
The European Commission (EC) published a public consultation on the review of revised payment services directive (PSD2) and open finance.
EC Mandates ESAs to Propose Amendments to SFDR Technical Standards
The European Commission (EC) has issued two letters mandating the European Supervisory Authorities (ESAs) to jointly propose amendments to the regulatory technical standards under Sustainable Finance Disclosure Regulation or SFDR.
EBA Examines Supervisory Practices, Issues Deposits Reporting Template
The European Banking Authority (EBA) published its annual report on convergence of supervisory practices for 2021. Additionally, following a request from the European Commission (EC),
US Agency Publications Address Basel, Reporting, and CECL Developments
The Farm Credit Administration published, in the Federal Register, the final rule on implementation of the Current Expected Credit Losses (CECL) methodology for allowances
SEC Extends Comment Period on Climate Risk Disclosures
The U.S. Securities and Exchange Commission (SEC) looks set to intensify focus on crypto-assets and cyber risk and extended the comment period on the proposed rules to enhance and standardize climate-related disclosures for investors.
APRA Reduces Committed Liquidity Facility, Issues Other Updates
The Australian Prudential Regulation Authority (APRA) announced reduction in the aggregate Committed Liquidity Facility and issued an update on the operational preparedness for zero and negative market interest rates.
CMF Consults on Basel Rules, Presents Roadmap to Address Climate Risks
The Commission for the Financial Market (CMF) in Chile published capital adequacy ratios (as of February 2022, January 2022, and December 2021) for 17 banks and for the banking system.
PRA Issues Statement on NPEs and Policy on Trading Activity Wind-Down
The Prudential Regulation Authority (PRA) issued a statement on the European Banking Authority (EBA) guidelines on management of non-performing exposures (NPEs) and forborne exposures.
EBA Updates Standards for 2023 Benchmarking of Internal Approaches
The European Banking Authority (EBA) updated the implementing technical standards that specify the data collection for the 2023 supervisory benchmarking exercise in relation to the internal approaches used in market risk, credit risk, and IFRS 9 accounting.
EIOPA Responds to Stakeholder Views on Blockchain in Insurance
The European Insurance and Occupational Pensions Authority (EIOPA) published a feedback statement on the responses received to the consultation on blockchain and smart contracts in insurance.