Title 12: Banks and Banking
PART 34—REAL ESTATE LENDING AND APPRAISALS
Subpart E—Other Real Estate Owned
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§ 34.81 Definitions.
(a) Capital and surplus means:
(1) A bank's Tier 1 and Tier 2 capital as calculated under the OCC's risk-based capital standards set out in appendix A to part 3 of this chapter based upon the bank's Consolidated Report of Condition and Income filed under 12 U.S.C. 161; plus
(2) The balance of a bank's allowance for loan and lease losses not included in the bank's Tier 2 capital, for purposes of the calculation of risk-based capital under Appendix A to 12 CFR part 3, based upon the bank's Consolidated Report of Condition and Income filed under 12 U.S.C. 161.
(b) Debts previously contracted (DPC) real estate means real estate (including capitalized and operating leases) acquired by a national bank through any means in full or partial satisfaction of a debt previously contracted.
(c) Former banking premises means real estate (including capitalized and operating leases) for which banking use no longer is contemplated. This includes real estate originally acquired for future expansion that no longer will be used for expansion or other banking purposes.
(d) Market value means the value determined in accordance with subpart C of this part.
(e) Other real estate owned (OREO) means:
(1) DPC real estate; and
(2) Former banking premises.
(f) Recorded investment amount means:
(1) For loans, the recorded loan balance, as determined by generally accepted accounting principles; and
(2) For former banking premises, the net book value.
