Securities Lawyer's Deskbook                          published by The University of Cincinnati College of Law

Rule 9-03 -- Balance Sheets

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1. Cash and due from banks. The amounts in this caption should include all noninterest bearing deposits with other banks.



(a) Any withdrawal and usage restrictions (including requirements of the Federal Reserve to maintain certain average reserve balances) or compensating balance requirements should be disclosed (see Rule 5-02-1).



2. Interest-bearing deposits in other banks.


3. Federal funds sold and securities purchased under resale agreements or similar arrangements. These amounts should be presented gross and not netted against Federal funds purchased and securities sold under agreement to repurchase as reported in Caption 13.


4. Trading account assets. Include securities or any other investments held for trading purposes only.


5. Other short-term investments.


6. Investment securities. Include securities held for investment only. Disclose the aggregate book value of investment securities; show on the balance sheet the aggregate market value at the balance sheet date. The aggregate amounts should include securities pledged, loaned or sold under repurchase agreements and similar arrangements; borrowed securities and securities purchased under resale agreements or similar arrangements should be excluded.



(a) Disclose in a note the carrying value and market value of securities of



(1) the U.S. Treasury and other U.S. Government agencies and corporations;


(2) states of the U.S. and political subdivisions; and


(3) other securities.



7. Loans. Disclose separately



(1) total loans,


(2) the related allowance for losses and


(3) unearned income.



(a) Disclose on the balance sheet or in a note the amount of total loans in each of the following categories:



(1) Commercial, financial and agricultural


(2) Real estate construction


(3) Real estate-mortgage


(4) Installment loans to individuals


(5) Lease financing


(6) Foreign


(7) Other (State separately any other loan category regardless of relative size if necessary to reflect any unusual risk concentration).



(b) A series of categories other than those specified in (a) above may be used to present details of loans if considered a more appropriate presentation.


(c) The amount of foreign loans must be presented if the disclosures provided by Rule 9-05 are required.


(d) For each period for which an income statement is required, furnish in a note a statement of changes in the allowance for loan losses showing the balances at beginning and end of the period, provision charged to income, recoveries of amounts charged off and losses charged to the allowance.


(e)


(1)


(i) As of each balance sheet date, disclose in a note the aggregate dollar amount of loans (exclusive of loans to any such persons which in the aggregate do not exceed $60,000 during the latest year) made by the registrant or any of its subsidiaries to directors, executive officers, or principal holders of equity securities (Rule 1-02) of the registrant or any of its significant subsidiaries (Rule 1-02), or to any associate of such persons. For the latest fiscal year, an analysis of activity with respect to such aggregate loans to related parties should be provided. The analysis should include the aggregate amount at the beginning of the period, new loans, repayments, and other changes. (Other changes, if significant, should be explained.)


(ii) This disclosure need not be furnished when the aggregate amount of such loans at the balance sheet date (or with respect to the latest fiscal year, the maximum amount outstanding during the period) does not exceed 5 percent of stockholders' equity at the balance sheet date.



(2) If a significant portion of the aggregate amount of loans outstanding at the end of the fiscal year disclosed pursuant to (e)(1)(i) above relates to loans which are disclosed as nonaccrual, past due, restructured or potential problems (see Item III.C.1. or 2. of Industry Guide 3, Statistical Disclosure by Bank Holding Companies), so state and disclose the aggregate amounts of such loans along with such other information necessary to an understanding of the effects of the transactions on the financial statements.


(3) Notwithstanding the aggregate disclosure called for by (e)(1) above, if any loans were not made in the ordinary course of business during any period for which an income statement is required to he filed, provide an appropriate description of each such loan (See Rule 4-08 (L)(3)).


(4) Definition of terms. For purposes of this Rule , the following definitions shall apply:



"Associate" means


(i) a corporation, venture or organization of which such person is a general partner or is, directly or indirectly, the beneficial owner of 10 percent or more of any class of equity securities;

(ii) any trust or other estate in which such person has a substantial beneficial interest or for which such person serves as trustee or in a similar capacity and

(iii) any member of the immediate family of any of the foregoing persons.



"Executive officers" means the president, any vice president in charge of a principal business unit, division or function (such as loans, investments, operations, administration or finance), and any other officer or person who performs similar policymaking functions.


"Immediate family" means such person's spouse; parents; children; siblings; mothers- and fathers-in-law; sons and daughters-in-law; and brothers and sisters-in-law.


"Ordinary course of business" means those loans which were made on substantially the same terms, including interest rate and collateral, as those prevailing at the same time for comparable transactions with unrelated persons and did not involve more than the normal risk of collectibility or present other unfavorable features.



8. Premises and equipment.


9. Due from customers on acceptances. Include amounts receivable from customers on unmatured drafts and bills of exchange that have been accepted by a bank subsidiary or by other banks for the account of a subsidiary and that are outstanding- that is, not held by a subsidiary bank, on the reporting date. (If held by a bank subsidiary, they should be reported as "loans" under Rule 9.03.7.)


10. Other assets. Disclose separately on the balance sheet or in a note thereto any of the following assets or any other asset the amount of which exceeds 30 percent of stockholders' equity. The remaining assets may be shown as one amount.



(1) Excess of cost over tangible and identifiable intangible assets acquired (net of amortization).


(2) Other intangible assets (net of amortization).


(3) Investments in and indebtedness of affiliates and other persons.


(4) Other real estates.


(a) Disclose in a note the basis at which other real estate is carried. Any reduction to fair market value from the carrying value of the related loan at the time of acquisition shall be accounted for as a loan loss. Any allowance for losses on other real estate which has been established subsequent to acquisition should be deducted from other real estate. For each period for which an income statement is required, disclosures should be made in a note as to the changes in the allowances, including balance at beginning and end of period, provision charged to income, and losses charged to the allowance.



11. Total assets.


Liabilities And Stockholders' Equity


Liabilities


12. Deposits. Disclose separately the amounts of noninterest bearing deposits and interest bearing deposits.



(a) The amount of noninterest bearing deposits and interest bearing deposits in foreign banking offices must be presented if the disclosure provided by Rule 9-05 are required.



13. Short-term borrowing. Disclose separately on the balance sheet or in a note. amounts payable for



(1) Federal funds purchased and securities sold under agreements to repurchase;


(2) commercial paper; and


(3) other short-term borrowings.


(a) Disclose any unused lines of credit for short-term financing (Rule 5-02.19(b)).



14. Bank acceptances outstanding. Disclose the aggregate of unmatured drafts and bills of exchange accepted by a bank subsidiary, or by some other bank as its agent, less the amount of such acceptances acquired by the bank subsidiary through discount or purchase.


15. Other liabilities. Disclose separately on the balance sheet or in a note any of the following liabilities or any other items which are individually in excess of 30 percent of stockholders' equity (except that amounts in excess of 5 percent of stockholders' equity should be disclosed with respect to item (4)). The remaining items may be shown as one amount.



(1) Income taxes payable.


(2) Deferred income taxes.


(3) Indebtedness to affiliates and other persons the investments in which are accounted for by the equity method.


(4) Indebtedness to directors, executive officers, and principal holders of equity securities of the registrant or any of its significant subsidiaries (the guidance in Rule 9-03.7(e) shall be used to identify related parties for purposes of this disclosure).


(5) Accounts payable and accrued expenses.



16. Long-term debt. Disclose in a note the information required by Rule 5-02.22.


17. Commitments and contingent liabilities.


18. Minority interest in consolidated subsidiaries. The information required by Rule 5-02.27 should be disclosed, if applicable.


Redeemable Preferred Stocks


19. Preferred stocks subject to mandatory redemption requirements or whose redemption is outside the control of the issuer. See Rule 5-02.28.


Non-redeemable Preferred Stocks


20. Preferred stocks which are not redeemable or are redeemable solely at the option of the issuer. See Rule 5-02.29.


Common Stocks


21. Common stocks. See Rule 5-02.30.


Other Stockholders' Equity


22. Other stockholders' equity. See Rule 5-02.31.


23. Total liabilities and stockholders' equity.

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