# ASC 942-10-S99: Financial Services—Depository and Lending — Overall — SEC 99 SEC Materials
Source: FASB Accounting Standards Codification, Basic View
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## ASC 942-10-S99: SEC 99 SEC Materials
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#### SEC Rules, Regulations, and Interpretations
##### [942-10-S99-1](https://asc.understandingaccounting.org/asc/942/10/#942-10-S99-1)
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The following is the text of Regulation S-X Rule 9-01, Application of Rules 9-01 to 9-07 (17 CFR 210.9-01).
- The consolidated financial statements filed for bank holding companies, savings and loan holding companies, and the financial statements of banks and savings and loan associations, must apply the guidance in this article in filings with the Commission.
\[85 FR 66140, Oct. 16, 2020\]
##### [942-10-S99-2](https://asc.understandingaccounting.org/asc/942/10/#942-10-S99-2)
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The following is the text of Regulation S-X Rule 9-02, General Requirement (17 CFR 210.9-02).
- The requirements of the general rules in §§ 210.1 to 210.4 (Articles 1, 2, 3, 3A and 4) should be complied with where applicable.
#### SEC Staff Guidance
##### [942-10-S99-3](https://asc.understandingaccounting.org/asc/942/10/#942-10-S99-3)
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The following is the text of SAB Topic 11.H.1, Disclosures by Bank Holding Companies Regarding Certain Foreign Loans.
- Facts: Certain foreign countries experiencing liquidity problems, by agreement with U.S. banks, have instituted arrangements whereby borrowers in the foreign country may remit local currency to the foreign country's central bank, in return for the central bank's assumption of the borrowers' non-local currency obligations to the U.S. banks. The local currency is held on deposit at the central bank, for the account of the U.S. banks, and may be subject to relending to other borrowers in the country. Ultimate repayment of the obligations to the U.S. banks, in the requisite non-local currency, may not be due until a number of years hence.
- Question: What disclosures are appropriate regarding deposit/relending arrangements of this general type?
- Interpretive Response: The staff emphasizes that it is the responsibility of each registrant to determine the appropriate financial statement treatment and classification of foreign outstandings. The facts and circumstances surrounding deposit/relending arrangements should be carefully analyzed to determine whether the local currency payments to the foreign central bank represent collections of outstandings for financial reporting purposes, and whether such outstandings should be classified as nonaccrual, past due or restructured loans pursuant to Item III.C.1. of Industry Guide 3, Statistical Disclosure by Bank Holding Companies ("Guide 3").
- The staff believes, however, that the impact of deposit/relending arrangements covering significant amounts of outstandings to a foreign country should be disclosed pursuant to Guide 3, Item III.C.3., Instruction (6)(a). FN1 The disclosures should include a general description of the arrangements and, if significant, the amounts of interest income recognized for financial reporting purposes which has not been remitted in the requisite non-local currency to the U.S. bank.
- FN1 Instruction (6)(a) calls for description of the nature and impact of developments in countries experiencing liquidity problems which are expected to have a material impact on timely repayment of principal or interest. Additionally, Instruction (6)(d)(ii) to Item III.C.3. calls for disclosure of commitments to relend, or to maintain on deposit, arising in connection with certain restructurings of foreign outstanding.
##### [942-10-S99-4](https://asc.understandingaccounting.org/asc/942/10/#942-10-S99-4)
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The following is the text of SAB Topic 11.K, Application of Article 9 and Guide 3.
- Facts: Article 9 of Regulation S-X specifies the form and content of and requirements for financial statements for bank holding companies filing with the Commission. Similarly, bank holding companies disclose supplemental statistical disclosures in filings, pursuant to Industry Guide 3. No specific guidance as to the form and content of financial statements or supplemental disclosures has been promulgated for registrants which are not bank holding companies but which are engaged in similar lending and deposit activities. FN4
- FN4 The Commission staff has been considering the need for more specific guidance in the area but believes that the FASB project on financial instruments may make Commission action in this area unnecessary. In the interim, this bulletin provides the staff's views with respect to filings by similar entities such as saving and loan holding companies.
- Question: Should non-bank holding company registrants with material amounts of lending and deposit activities file financial statements and make disclosures called for by Article 9 of Regulation S-X and Industry Guide 3?
- Interpretive Response: In the staff's view, Article 9 and Guide 3, while applying literally only to bank holding companies, provide useful guidance to certain other registrants, including savings and loan holding companies, on certain disclosures relevant to an understanding of the registrant's operations. Thus, to the extent particular guidance is relevant and material to the operations of an entity, the staff believes the specified information, or comparable data, should be provided.
- For example, in accordance with Guide 3, bank holding companies disclose information about yields and costs of various assets and liabilities. Further, bank holding companies provide certain information about maturities and repricing characteristics of various assets and liabilities. Such companies also disclose risk elements, such as nonaccrual and past due items in the lending portfolio. The staff believes that this information and other relevant data would be material to a description of business of other registrants with material lending and deposit activities and accordingly, the specified information and/or comparable data (such as scheduled item disclosure for risk elements) should be provided.
- In contrast, other requirements of Article 9 and Guide 3 may not be material or relevant to an understanding of the financial statements of some financial institutions. For example, bank holding companies present average balance sheet information, because period-end statements might not be representative of bank activity throughout the year. Some financial institutions other than bank holding companies may determine that average balance sheet disclosure does not provide significant additional information. Others may determine that assets and liabilities are subject to sufficient volatility that average balance information should be presented.
- Pursuant to Article 9, the income statements of bank holding companies use a "net interest income" presentation. Similarly, bank holding companies present the aggregate market value, at the balance sheet date, of investment securities, on the face of the balance sheet. The staff believes that such disclosures and other relevant information should also be provided by other registrants with material lending and deposit activities.
##### [942-10-S99-5](https://asc.understandingaccounting.org/asc/942/10/#942-10-S99-5)
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The following is the text of SAB Topic 11.N, Disclosures of the Impact of Assistance from Federal Financial Institution Regulatory Agencies.
- Facts: An entity receives financial assistance from a federal regulatory agency in conjunction with either an acquisition of a troubled financial institution, transfer of nonperforming assets to a newly-formed entity, or other reorganization.
- Question: What are the disclosure implications of the existence of regulatory assistance?
- Interpretive Response: The staff believes that users of financial statements must be able to assess the impact of credit and other risks on a company following a regulatory assisted acquisition, transfer or other reorganization on a basis comparable to that disclosed by other institutions, i.e., as if the assistance did not exist. In this regard, the staff believes that the amount of regulatory assistance should be disclosed separately and should be separately identified in the statistical information furnished pursuant to Industry Guide 3, to the extent it impacts such information. FN10 FN11 Further, the nature, extent and impact of such assistance needs to be fully discussed in Management's Discussion and Analysis. FN12
- FN10 The staff has previously expressed its views regarding acceptable methods of compliance with this principle in the minutes of EITF Issue 88-19, and an announcement by the SEC Observer to the EITF at the February 23, 1989 meeting.
- FN11 See EITF Issue 88-19 for guidance on the appropriate period in which to record certain types of regulatory assistance.
- FN12 See Section 501.06.c. of the Financial Reporting Codification for further discussion of the MD&A disclosures of the effects of regulatory assistance.
##### [942-10-S99-6](https://asc.understandingaccounting.org/asc/942/10/#942-10-S99-6)
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The following is the text of SEC Observer Comment: Regulatory-Assisted Acquisitions.
- The SEC staff's display requirements would not require an entity, subsequent to the acquisition date, to adjust the balance sheet amounts of the underlying asset and the regulatory assistance if the value of the underlying asset had increased above its cost basis. The SEC staff would not insist that such adjustments be reflected in the balance sheet because to do so would be to reflect the underlying asset at an amount different from that appropriate under GAAP. However, disclosure of such changes in value may be appropriate. The SEC staff's display requirements would require an adjustment to the carrying amount of the underlying asset only if such adjustment is required under GAAP (for example, for impairment in the value of the underlying asset).