SECURITIES AND EXCHANGE COMMISSION 17 CFR Parts 210, …

1 SECURITIES AND EXCHANGE COMMISSION . 17 CFR Parts 210, 229, and 249. [Release No. 33-10835; 34-89835; File No. S7-02-17]. RIN 3235-AL79. Update of Statistical Disclosures for Bank and Savings and Loan Registrants AGENCY: SECURITIES and EXCHANGE COMMISSION . ACTION: Final rule. SUMMARY: We are adopting rules to update our statistical disclosure requirements for banking registrants. These registrants currently provide many disclosures in response to the items set forth in Industry Guide 3 ( Guide 3 ), Statistical Disclosure by Bank Holding Companies, which are not COMMISSION rules.

2 The amendments update and expand the disclosures that registrants are required to provide, codify certain Guide 3 disclosure items and eliminate other Guide 3 disclosure items that overlap with COMMISSION rules, Generally Accepted Accounting Principles ( GAAP ), or International Financial Reporting Standards ( IFRS ). In addition, we are relocating the codified disclosure requirements to a new subpart of Regulation S-K and rescinding Guide 3. DATES: Effective date: These final rules are effective [insert date 30 days after publication in federal Register], except for the rescission to 17 CFR (c) and (c), which will be effective on January 1, 2023.

3 Compliance date: See Section V for further information on transitioning to the final rules. 1. FOR FURTHER INFORMATION CONTACT: Stephanie Sullivan, Associate Chief Accountant, Division of Corporation Finance, at (202) 551-3400, SECURITIES and EXCHANGE COMMISSION , 100 F Street, NE, Washington, DC 20549. SUPPLEMENTARY INFORMATION: The COMMISSION is amending 17 CFR ( Item 404 of Regulation S-K ) under the SECURITIES Act of 1933 ( SECURITIES Act ) 1 and the SECURITIES EXCHANGE Act of 1934 ( EXCHANGE Act ); 2 17 CFR ( Rule 9-01 of Regulation S-X ) and 17 CFR ( Rule 9-03 of Regulation S-X ) under the SECURITIES Act and the EXCHANGE Act; and 17 CFR ( Form 20-F ) under the EXCHANGE Act.

4 In addition, the COMMISSION is adding a new subpart, 17 CFR ( Item 1400 of Regulation S-K ), which will include 17 CFR through 17 CFR , and rescinding 17 CFR (c) and (c) under the SECURITIES Act and EXCHANGE Act. 1. 15 77a et seq. 2. 15 78a et seq. 2. I. Introduction ..5. II. New Subpart 1400 of Regulation S-K ..6. A. Codification ..6. B. Location of Disclosure Requirements and XBRL ..7. C. Scope ..10. i. Proposal ..10. ii. Comments on Proposal ..11. iii. Final Rules ..11. D. Applicability to Domestic Registrants and Foreign i. Proposal.

5 12. ii. Comments on Proposal ..13. iii. Final Rules ..15. E. Reporting i. Proposal ..17. ii. Comments on Proposal ..18. iii. Final Rules ..20. F. Distribution of Assets, liabilities and Stockholders' Equity; Interest Rate and Interest Differential (Average Balance, Interest and Yield/Rate Analysis and Rate/Volume Analysis) ..23. i. Proposal ..23. ii. Comments on Proposal ..24. iii. Final Rules ..25. G. Investment Portfolio ..26. i. Proposal ..26. ii. Comments on Proposal ..28. iii. Final Rules ..28. H. Loan Portfolio ..29. i. Proposal.

6 29. ii. Comments on Proposal ..30. iii. Final Rules ..31. I. Allowance for Credit Losses ..34. i. Proposal ..34. ii. Comments on Proposal ..35. 1. iii. Final Rules ..38. iv. Proposal - New Credit Ratios Disclosure ..41. v. Comments on Proposal ..42. vi. Final Rules ..45. J. Deposits ..50. i. Proposal ..50. ii. Comments on Proposal ..51. iii. Final Rules ..54. III. Certain Existing Guide 3 Disclosures That Would Not Be Codified in Subpart 1400 of Regulation S-K ..58. A. Return on Equity and Assets ..58. B. Short-Term Borrowings ..58. IV. Changes to Article 9 of Regulation S-X.

7 59. V. Compliance Date ..60. VI. Other VII. Economic Analysis ..61. A. Introduction ..61. B. Baseline ..63. i. Regulation ..63. ii. Affected Registrants ..64. C. Economic Effects ..67. i. Codified a. Costs and b. Alternatives ..74. ii. New Credit Ratios ..76. iii. Not Codified Disclosures and Instructions ..79. a. Costs and iv. Reporting Periods ..82. a. Costs and b. Alternatives ..83. v. a. Costs and b. Alternatives ..85. 2. vi. Applicability of Disclosure ..88. a. Costs and b. Alternatives ..88. vii. Location of Disclosures ..89. a. Costs and b.

8 Alternatives ..90. viii. Format of Disclosures ..91. D. Effects on Efficiency, Competition, and Capital Formation ..93. VIII. Paperwork Reduction Act ..95. A. Summary of the Collections of Information ..95. B. Burden and Cost Estimates Related to the Proposed Rules ..97. i. Affected Registrants and Forms ..97. ii. Standard Estimated Burden Allocation for Specified Forms ..99. iii. Burden Change for Specific Portions of the Final Rules .. 100. a. Disclosure Related to Distribution of Assets, liabilities , and Stockholders' Equity; and Interest Rate and Interest Differential (Item I of Guide 3 / Item 1402).

9 100. b. Disclosure Related to Investment Portfolios (Item II of Guide 3 /. Item 1403) .. 102. c. Disclosure Related to Loan Portfolios (Item III of Guide 3 / Item 1404) .. 102. d. Disclosure Related to Allowance for Credit Losses (Item IV of Guide 3 / Item 1405(c)) .. 104. e. Disclosure Related to Deposits (Item V of Guide 3 / Item 1406).. 104. f. Disclosure Related to Return on Equity and Assets (Item VI of Guide 3) .. 106. g. Disclosure Related to Short-Term Borrowings (Item VII of Guide 3 / Item 1402) .. 107. h. Disclosure Related to Credit Ratios (Items 1405(a) and (b)).

10 109. iv. Total Change in Burden Per Form as a Result of the Final Rules .. 111. v. Total Paperwork Burden under the Final Rules .. 115. IX. Regulatory Flexibility Act Certification .. 116. X. Statutory Authority .. 117. 3. 4. I. Introduction On September 17, 2019, we proposed rules 3 to update the disclosure of information that banks, bank holding companies ( BHCs ), savings and loan associations, and savings and loan holding companies (together, bank and savings and loan registrants ) provide in response to the items set forth in Guide 3.