The Final US Basel III Capital Framework | Practical Law (2024)

Category
Current Risk Weight (in general)
Final Rules
Comments
Cash
0%
0%
Direct and unconditional claims on the US Government, its Agencies, and the Federal Reserve 
0%
0%
Claims on certain supranational entities and multilateral development banks
20%
0%
Claims on supranational entities include, for example, claims on the International Monetary Fund.
Cash items in the process of collection
20%
20%
Conditional claims on the US Government
20%
20%
A conditional claim is one that requires the satisfaction of certain conditions, for example, servicing requirements.
Claims on government sponsored entities (GSEs)
20% 
100% on GSE preferred stock (20% for national banks).
20% on exposures other than equity exposures or preferred stock.
Claims on US depository institutions and credit unions 
20% 
100% risk weight for an instrument included in the depository institution's regulatory capital.
20% 
100% risk weight if the exposure is an equity exposure, a significant investment in the capital of an unconsolidated financial institution in the form of common stock, or deducted from regulatory capital. 
Instruments included in the capital of the depository institution may be deducted or treated under the equities section below.
Claims on US public sector entities (PSEs)
20% for general obligations. 
50% for revenue obligations.
20% for general obligations. 
50% for revenue obligations.
Industrial development bonds
100%
100%
Claims on qualifying securities firms
20% in general.
100% 
See commercial loans and corporate exposures to financial companies section below.
Instruments included in the capital of the securities firm may be deducted or treated under the equities section below.
1 to 4 family loans
50% if first lien, prudently underwritten, owner occupied or rented, current or less than 90 days past due. 
100% otherwise.
50% if first lien, prudently underwirtten, owner-occupied or rented, current or <90 days past due.
1 to 4 family loans modified under HAMP
50% and 100%. 
The banking organization must use the same risk weight assigned to the loan prior to the modification so long as the loan continues to meet other applicable prudential criteria.
50% and 100%. 
HAMP loans are not treated as modified or restructured loans.
Loans to builders secured by 1 to 4 family properties presold under firm contracts
50% if the loan meets all criteria in the regulation. 
100% if the contract is cancelled.
100% for loans not meeting the criteria.
50% if the loan meets all criteria in the regulation. 
100% if the contract is cancelled. 
100% for loans not meeting the criteria.
Loans on multifamily properties
50% if the loan meets all the criteria in the regulation; 100% otherwise.
50% if the loan meets all the criteria in the regulation; 100% otherwise.
Corporate exposures
100%
100% 
High volatility commercial real estate (HVCRE) loans
100%
150%
The proposed treatment would apply to certain facilities that finance the acquisition, development or construction of real property other than 1 to 4 family residential property.
Consumer loans
100%
100%
Past due exposures
Generally the risk weight does not change when the loan is past due. 
However, 1 to 4 family loans that are past due 90 days or more are 100% risk weight.
150% for the portion that is not guaranteed or secured (does not apply to sovereign exposures or 1 to 4 family residential mortgage exposures).
Assets not assigned to a risk weight category, including fixed assets, premises, and other real estate owned
100%
100%
Claims on foreign governments and their central banks
0% for direct and unconditional claims on OECD governments.
20% for conditional claims on OECD governments.
100% for claims on non-OECD governments that entail some degree of transfer risk.
Risk weight depends on CRC applicable to the sovereign and ranges between 0% and 150%. 
0% for sovereigns that do not have a CRC but are in the OECD.
100% for sovereigns that do not have a CRC and are not in the OECD. 
150% for a sovereign that has defaulted within the previous five years.
Claims on foreign banks
20% for claims on banks in OECD countries. 
20% for short-term claims on banks in non-OECD countries. 
100% for long-term claims on banks in non-OECD countries.
Risk weight depends on home country's CRC rating and ranges between 20% and 150%. 
20% for a foreign bank in a country that does not have a CRC but is a member of the OECD. 
100% for a foreign bank in a non OECD member country and does not have a CRC. 
150% in the case of a sovereign default in the bank's home country. 
100% for an instrument included in a bank's regulatory capital (unless that instrument is an equity exposure or is deducted).
Claims on foreign PSEs
20% for general obligations of states and political subdivisions of OECD countries. 
50% for revenue obligations of states and political subdivisions of OECD countries. 
100% for all obligations of states and political subdivisions of non-OECD countries.
Risk weight depends on the home country's CRC and ranges between 20% and 150% for general obligations; and between 50% and 150% for revenue obligations. 
20% for exposures to a PSE general obligation in a home country that does not have a CRC but is in the OECD and 50% for revenue obligations. 
100% for exposures to a PSE general obligation in a home country that does not have a CRC and is not in the OECD and 100% for revenue obligations. 
150% for a PSE in a home country with a sovereign default.
MBS, ABS, and structured securities
Ratings Based Approach: 
20%: AAA and AA. 
50%: A-rated. 
100%: BBB. 
200%: BB-rated. 
Securitizations with short-term ratings:  20, 50, 100. For unrated positions, where the banking organization determines the credit rating: 100 or 200. 
Gross-up approach:  The risk-weighted asset amount is calculated using the risk weight of the underlying assets amount of the position and the full amount of the assets supported by the position (that is, all of the more senior positions). 
Dollar for dollar capital for residual interests. 
Deduction for CEIO strips over concentration limit. 
100% for stripped MBS (IOs and POs) that are not credit enhancing.
Deduction for the after-tax gain-on-sale of a securitization. 
1,250% risk weight for a CEIO.
100% for interest-only MBS that are not credit-enhancing. 
Banking organizations may elect to follow a gross-up approach, similar to existing rules. 
Simplified Supervisory Formula Approach (SSFA):  The risk weight for a position is determined by a formula and is based on the risk weight applicable to the underlying exposures, the relative position of the securitization position in the structure (subordination), and measures of delinquency and loss on the securitized assets. 
1,250% otherwise.
Unsettled transactions
Not addressed.
100%, 625%, 937.5%, and 1,250% for DvP or PvP transactions depending on the number of business days past the settlement date. 
1,250% for non-DvP, non-PvP transactions more than five days past the settlement date. 
The proposed capital requirement for unsettled transactions would not apply to cleared transactions that are marked-to-market daily and subject to daily receipt of variation margin.
DvP (delivery vs. payment) transaction means a securities or commodities transaction in which the buyer is obligated to make payment only if the seller has made delivery of the securities or commodities, and the seller is obligated to deliver the securities or commodities only if the buyer has made the payment. 
PvP (payment vs. payment) transaction means a foreign exchange transaction in which each counterparty is obligated to make the final transfer of one or more currencies only if the other counterparty has made a final transfer of one or more currencies. 
Equity Exposures
100% of incremental deduction approach for nonfinancial equity investments.
0%: Equity exposures to a sovereign, certain supranational entities, or an MDB whose debt exposures are eligible for 0% risk weight. 
20%: Equity, exposures to a PSE, a FHLB, or Farmer Mac. 
100%: Equity exposures to community development investments and small business investment companies and non-significant equity investments. 
250%: Significant investments in the capital of unconsolidated financial institutions not deducted from capital. 
300%: Most publicly traded equity exposures. 
400%: Equity exposures that are not publicly traded. 
600%: Equity exposures to certain investment funds.
MDB (multilateral development bank).
Equity exposures to investment funds
There is a 20% risk weight floor on mutual fund holdings.
General rule: Risk weight is the same as the highest risk weight investment the fund is permitted to hold. 
Option: a banking organization may assign risk weights pro rata according to the investment limits in the fund's prospectus.
Full look-through: Risk weight the assets of the fund (as if owned directly) multiplied by the banking organization's proportional ownership in the fund. 
Simple modified look-through:  Multiply the banking organization's exposure by the risk weight of the highest risk weight asset in the fund. 
Alternative modified look-through: Assign risk weight on a pro rata basis based on the investment limits in the fund's prospectus. 
For community development exposures, risk-weighted asset amount = adjusted carrying value.
Credit Conversion Factors Under the Current and Final Rules
Conversion factors for off-balance sheet items
0% for the unused portion of a commitment with an original maturity of one year or less, or which is unconditionally cancellable at any time. 
10% for unused portions of eligible ABCP liquidity facilities with an original maturity of one year or less. 
20% for self-liquidating trade-related contingent items. 50% for the unused portion of a commitment with an original maturity of more than one year that are not unconditionally cancellable. 
50% for transaction-related contingent items (performance bonds, bid bonds, warranties and standby letters of credit). 
100% for guarantees, repurchase agreements, securities lending and borrowing transactions, financial standby letters of credit and forward agreements. 
0% for the unused portion of a commitment that is unconditionally cancellable by the banking organization. 
20% for the unused portion of a commitment with an original maturity of one year or less that is not unconditionally cancellable. 
20% for self-liquidating trade-related contingent items. 
50% for the unused portion of a commitment over one year that is not unconditionally cancellable. 
50% for transaction-related contingent items (performance bonds, bid bonds, warranties and standby letters of credit). 
100% for guarantees, repurchase agreements, securities lending and borrowing transactions, financial standby letters of credit, and forward agreements.
Derivative contracts
Conversion to an on-balance sheet amount based on current exposure plus potential future exposure and a set of conversion factors. 
50% risk weight cap.
Conversion to an on-balance sheet amount based on current exposure plus potential future exposure and a set of conversion factors. 
No risk weight cap.
Credit Risk Mitigation Under the Current and Final Rules
Guarantees
Generally recognizes guarantees provided by central governments, GSEs, PSEs in OECD countries, multilateral lending institutions, regional development banking organizations, US depository institutions, foreign banks, and qualifying securities firms in OECD countries. 
Substitution approach that allows the banking organization to substitute the risk weight of the protection provider for the risk weight ordinarily assigned to the exposure.
Recognizes guarantees from eligible guarantors; sovereign entities, BIS, IMF, ECB, European Commission, FHLBs, Farmer Mac, a multilateral development bank, a depository institution, a BHC, an SLHC, a foreign bank, or an entity other than a SPE that has investment grade debt, whose creditworthiness is not positively correlated with the credit risk of the exposures for which it provides guarantees and is not a monocline insurer or reinsurer. 
Substitution treatment allows the banking organization to substitute the risk weight of the protection provider for the risk weight ordinarily assigned to the exposure. Applies only to eligible guarantees and eligible credit derivatives, and adjusts for maturity mismatches, currency mismatches, and where restructuring is not treated as a credit event. 
Claims conditionally guaranteed by the US government receive a 20% risk weight. 
Collateralized transactions
Recognizes only cash on deposit, securities issued or guaranteed by OECD countries, securities issued or guaranteed by the US government or a US government agency, and securities issued by certain multilateral development banks. 
Substitute risk weight of collateral for risk weight of exposure, sometimes with a 20% risk weight floor.
Two approaches: 
  • Simple approach: A banking organization may apply a risk weight to the portion of an exposure that is secured by the market value of collateral by using the risk weight of collateral, with a general risk weight floor of 20%. 
  • Collateral haircut approach: using standard supervisory haircuts or own estimates of haircuts for eligible margin loans, repo-style transactions, collateralized derivative contracts.
Financial collateral: 
  • Cash on deposit at the banking organization (or third-party custodian). 
  • Gold.
  • Investment grade securities (excluding re-securitizations). 
  • Publicly traded convertible bonds. 
  • Money market mutual fund shares and other mutual fund shares if a price is quoted daily. 
  • In all cases the banking organization must have a perfected, first priority interest.
  • For the simple approach there must be a collateral agreement for at least the life of the exposure, collateral must be revalued at least every six months, and collateral other than gold must be in the same currency. 
The Final US Basel III Capital Framework | Practical Law (2024)

FAQs

Is Basel III enough? ›

Basel III: Necessary, but not sufficient.

What is the Basel III capital framework? ›

Basel III introduces new capital buffer requirements that banks must maintain above the minimum capital ratios. These buffers are designed to ensure that banks build up capital reserves during good times that they can draw down during economic and financial stress periods.

What is finalizing Basel III in brief? ›

The Basel III framework is a central element of the Basel Committee's response to the global financial crisis. It addresses a number of shortcomings in the pre-crisis regulatory framework and provides a foundation for a resilient banking system that will help avoid the build-up of systemic vulnerabilities.

Which banks are Basel III compliant in the US? ›

U.S. Basel III Will Affect All Community Banks U.S. Basel III will apply to all national banks, state member and non-member banks, state and federal savings associations and covered savings and loan holding companies (SLHCs) regardless of size.

What are the negatives of Basel III? ›

What are the major arguments against the proposal? Critics say it is overkill, will discourage lending, and will push lending and other activities outside the regulated banking system to less regulated institutions to whom the new capital requirements don't apply.

Is Basel III fully implemented? ›

This includes the finalised Basel III post-crisis reforms published by the Committee in 2017–19 and set to be in effect since 1 January 2023 with a five-year phase-in for some elements.

How will Basel III affect banks? ›

Potential impact includes globally systemically important banks experiencing an increase of 21% in capital requirements vs. 10% increase at regional banks. Implementation of Basel III endgame would take effect July 1, 2025 with a three year phase-in of the capital ratio impact through June 30, 2028.

How do you know if your bank is Basel III compliant? ›

Banks are required to hold a leverage ratio in excess of 3%, and the non-risk-based leverage ratio is calculated by dividing Tier 1 capital by the average total consolidated assets of a bank.

Does Basel III apply to credit unions? ›

Under ICURN's principles, credit union systems are not required to implement Basel III's rules for regulatory capital and, even when they do, credit union regulators have leeway to deviate from Basel III to some degree.

Is there a Basel 4? ›

Basel 4 is broad in scope and impact. KPMG has the credentials and expertise to support you in all aspects of your Basel 4 implementation including: Carrying out gap assessments and implementation plans. Planning for and managing any increase in capital requirements.

What are the key points of Basel III? ›

Key Principles of Basel III

The Basel III accord raised the minimum capital requirements for banks from 2% in Basel II to 4.5% of common equity, as a percentage of the bank's risk-weighted assets. There is also an additional 2.5% buffer capital requirement that brings the total minimum requirement to 7%.

Is Wells Fargo Basel 3 compliant? ›

The Basel III framework applies to Wells Fargo & Company and its subsidiary banks.

What is the US Basel III rule? ›

Basel III is a comprehensive set of reform measures, developed by the BCBS, to strengthen the regulation, supervision, and risk management of the banking sector. The measures include both liquidity and capital reforms.

What is the minimum capital requirement for Basel III? ›

As of September 2010, proposed Basel III norms asked for ratios as: 7–9.5% (4.5% + 2.5% (conservation buffer) + 0–2.5% (seasonal buffer)) for common equity and 8.5–11% for Tier 1 capital and 10.5–13% for total capital.

Who holds banks accountable? ›

The regulatory agencies primarily responsible for supervising the internal operations of commercial banks and administering the state and federal banking laws applicable to commercial banks in the United States include the Federal Reserve System, the Office of the Comptroller of the Currency (OCC), the FDIC and the ...

Can banks lose $35 BLN due to Basel endgame? ›

LONDON, Feb 15 (Reuters) - U.S. banks could lose up to $35 billion in revenues in 2025 under current proposals for new capital rules that could "relevel the playing field" for European lenders, a study showed on Thursday.

How will Basel 3 affect gold? ›

Basel III regulations make gold a more attractive asset for banks by allowing bullion held in vaults or on an allocated basis to be treated as cash with a 0% risk weight. This lowers the capital requirements for banks holding gold, potentially increasing the institutional demand for precious metals.

How is Basel 4 different from Basel 3? ›

Basel III Endgame or Basel IV) was to address the perceived weakness that came out of the global financial crisis and to restore credibility and consistency in the calculation of risk weighted assets (RWAs) and to improve the comparability of banks' capital ratios by tackling the wide variation in risk-measurement ...

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