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.
Scott Dietz
Scott is a Director in the Regulatory and Accounting Solutions team responsible for providing accounting expertise across solutions, products, and services offered by Moody’s Analytics in the US. He has over 15 years of experience leading auditing, consulting and accounting policy initiatives for financial institutions.
Previous Article
HKMA Clarifies Regulatory Treatment of Measures to Ease COVID ImpactRelated Articles
BIS and Central Banks Experiment with GenAI to Assess Climate Risks
A recent report from the Bank for International Settlements (BIS) Innovation Hub details Project Gaia, a collaboration between the BIS Innovation Hub Eurosystem Center and certain central banks in Europe
Nearly 25% G-SIBs Commit to Adopting TNFD Nature-Related Disclosures
Nature-related risks are increasing in severity and frequency, affecting businesses, capital providers, financial systems, and economies.
Singapore to Mandate Climate Disclosures from FY2025
Singapore recently took a significant step toward turning climate ambition into action, with the introduction of mandatory climate-related disclosures for listed and large non-listed companies
SEC Finalizes Climate-Related Disclosures Rule
The U.S. Securities and Exchange Commission (SEC) has finalized the long-awaited rule that mandates climate-related disclosures for domestic and foreign publicly listed companies in the U.S.
EBA Proposes Standards Related to Standardized Credit Risk Approach
The European Banking Authority (EBA) has been taking significant steps toward implementing the Basel III framework and strengthening the regulatory framework for credit institutions in the EU
US Regulators Release Stress Test Scenarios for Banks
The U.S. regulators recently released baseline and severely adverse scenarios, along with other details, for stress testing the banks in 2024. The relevant U.S. banking regulators are the Federal Reserve Bank (FED), the Federal Deposit Insurance Corporation (FDIC), and the Office of the Comptroller of the Currency (OCC).
Asian Governments Aim for Interoperability in AI Governance Frameworks
The regulatory landscape for artificial intelligence (AI), including the generative kind, is evolving rapidly, with governments and regulators aiming to address the challenges and opportunities presented by this transformative technology.
EBA Proposes Operational Risk Standards Under Final Basel III Package
The European Union (EU) has been working on the final elements of Basel III standards, with endorsement of the Banking Package and the publication of the European Banking Authority (EBA) roadmap on Basel III implementation in December 2023.
EFRAG Proposes XBRL Taxonomy and Standard for Listed SMEs Under ESRS
The European Financial Reporting Advisory Group (EFRAG), which plays a crucial role in shaping corporate reporting standards in European Union (EU), is seeking comments, until May 21, 2024, on the Exposure Draft ESRS for listed SMEs.
ECB to Expand Climate Change Work in 2024-2025
Banking regulators worldwide are increasingly focusing on addressing, monitoring, and supervising the institutions' exposure to climate and environmental risks.