[Federal Register Volume 73, Number 227 (Monday, November 24, 2008)]
[Proposed Rules]
[Pages 70921-70926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27654]


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FARM CREDIT ADMINISTRATION

12 CFR Parts 619, 620, and 621

RIN 3052-AC35


Definitions; Disclosure to Shareholders; Accounting and Reporting 
Requirements; Disclosure and Accounting Requirements

AGENCY: Farm Credit Administration.

ACTION: Proposed rule.

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SUMMARY: The Farm Credit Administration (FCA, we, or our) is proposing 
to amend and/or make revisions and technical changes to our 
regulations. These amendments are proposed to clarify FCA's regulations 
related to disclosure and reporting practices of Farm Credit System 
(System) institutions. In addition, they will ensure that FCA 
regulations are consistent with System structural changes and are 
updated to include changes to accounting and reporting standards.

DATES: You may send comments on or before January 23, 2009.

ADDRESSES: We offer a variety of methods for you to submit your 
comments. For accuracy and efficiency reasons, commenters are 
encouraged to submit comments by e-mail or through the FCA's. As 
facsimiles (fax) are difficult for us to process and achieve compliance 
with section 508 of the Rehabilitation Act, we are no longer accepting 
comments submitted by fax. Regardless of the method you use, please do 
not submit your comment multiple times via different methods. You may 
submit comments by any of the following methods:
     E-mail: Send us an e-mail at [email protected].
     FCA Web site: http://www.fca.gov. Select ``Public 
Commenters,'' then ``Public Comments,'' and follow the directions for 
``Submitting a Comment.''
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Gary K. Van Meter, Deputy Director, Office of 
Regulatory Policy, Farm Credit Administration, 1501 Farm Credit Drive, 
McLean, VA 22102-5090.
    You may review copies of comments we receive at our office in 
McLean, Virginia, or from our Web site at http://www.fca.gov. Once you 
are in the Web site, select ``Public Commenters,'' then ``Public 
Comments,'' and follow the directions for ``Reading Submitted Public 
Comments.'' We will show your comments as submitted, but for technical 
reasons we may omit items such as logos and special characters. 
Identifying information that you provide, such as phone numbers and 
addresses, will be publicly available. However, we will attempt to 
remove e-mail addresses to help reduce Internet spam.

FOR FURTHER INFORMATION CONTACT: Thomas R. Risdal, Senior Policy 
Analyst, Office of Regulatory Policy, Farm Credit Administration, 
McLean, VA 22102-5090, (703) 883-4498, TTY (703) 883-4434, or Robert 
Taylor, Attorney, Office of General Counsel, Farm Credit 
Administration, McLean, VA 22102-5090, (703) 883-4020, TTY (703) 883-
4020.

SUPPLEMENTARY INFORMATION:

I. Objectives

    The objectives of this proposed rule are to:
     Clarify the FCA regulations related to disclosure and 
reporting practices of System institutions; and
     Ensure that FCA regulations are consistent with System 
structural changes and updated to include changes to accounting and 
reporting standards.

II. Background

    The Farm Credit Amendments Act of 1985 (1985 Amendments) \1\ added 
provisions to the Farm Credit Act of 1971, as amended (Act),\2\ 
requiring FCA to regulate the disclosure and reporting

[[Page 70922]]

practices of System institutions. The Act, as amended by the 1985 
Amendments, requires: (1) Each System institution to prepare and 
publish annual financial reports as prescribed by the FCA; and (2) that 
the annual reports contain financial statements prepared in accordance 
with generally accepted accounting principles (GAAP) and be audited by 
an independent public accountant. To implement these requirements, we 
issued regulations at part 620 (Disclosure to Shareholders) and part 
621 (Accounting and Reporting Requirements). The regulations 
established the requirements for the preparation of financial reports 
by Farm Credit banks and associations, including annual reports to 
shareholders and reports of condition and performance (Call Reports). 
The regulations also established requirements for categorizing and 
maintaining information on high-risk loans and a requirement that each 
System institution have its financial statements audited by a qualified 
public accountant. When developing the regulations at parts 620 and 
621, we considered the Securities and Exchange Commission's (SEC) 
disclosure and reporting requirements for public companies in effect at 
the time, as well as the requirements of other financial institution 
regulators. We adapted these requirements to the cooperative structure 
of System institutions.
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    \1\ Pub. L. 99-205, 99 Stat. 1678, Dec. 23, 1985.
    \2\ Pub. L. 92-181, 85 Stat. 583, Dec. 10, 1971.
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    Since our adoption of the regulations at parts 620 and 621, they 
have been revised several times to address a variety of issues. Most 
recently, we revised the regulations to incorporate improvements in 
governance and financial reporting best practices brought about by the 
Sarbanes-Oxley Act of 2002 \3\ and the SEC's implementing regulations. 
While there have been a number of amendments to FCA's regulations over 
the years, the primary disclosure requirements for shareholder reports, 
Call Reports and nonperforming loans have not changed significantly 
since they were adopted in the 1980s. However, System structure has 
changed as have certain accounting and reporting standards. In order to 
incorporate these changes into FCA's regulations, as applicable, we 
propose the following amendments to parts 619, 620, and 621.
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    \3\ Pub. L. 107-204, 116 Stat. 745, July 30, 2002.
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III. Section-by-Section Analysis

A. Generally Accepted Auditing Standards [Sec. Sec.  619.9270(e) and 
621.2(d)]

    The Public Company Accounting Oversight Board (PCAOB) was created 
by the Sarbanes-Oxley Act of 2002 to oversee the auditors of public 
companies \4\ in the preparation of informative, fair, and independent 
audit reports. As a result of its creation, public institutions are 
required to follow the auditing standards that are established by the 
PCAOB, while nonpublic institutions may continue to follow the 
standards that are established by the American Institute of Certified 
Public Accountants (AICPA). We propose to revise the definition of 
generally accepted auditing standards in Sec.  621.2(d) to include 
reference to the standards and guidelines that are generally accepted 
in the United States of America and that are adopted by the 
authoritative body that governs the overall quality of the audit 
performance. Specifically, we propose to remove the language referring 
to the AICPA, and insert in its place a reference solely to generally 
accepted auditing standards. Additionally, to ensure consistency 
throughout the regulations, we propose to amend Sec.  619.9270(e) to 
remove the language referring to the AICPA, and insert in its place a 
reference to the authoritative body governing overall audit quality.
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    \4\ A public company is a company that is permitted to offer its 
registered securities (stock, bonds, etc.) for sale to the general 
public, typically through a stock exchange, but also may include 
companies whose stock is traded over the counter (OTC).
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B. Signatures on Financial Reports [Sec.  620.3(b)(3)]

    Section 620.3(b) and (c) provide the requirements for signing and 
certifying the financial accuracy of the reports \5\ by the 
institution's chief executive officer (CEO), chief financial officer 
(CFO), and a designated board member. Existing Sec.  620.3(b)(3) 
provides that the designated board member that signs and certifies the 
reports is the board member that certifies reports of condition and 
performance. The language ``reports of condition and performance'' is a 
direct reference to the Call Report requirements in part 621, 
Accounting and Reporting Requirements, which is an incorrect reference. 
Thus, we propose to amend Sec.  620.3(b)(3) to remove the reference to 
reports of condition and performance.
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    \5\ Section 620.1(o) defines ``report'' as the ``annual report, 
quarterly report, notice, or information statement, regardless of 
form, required by this part unless otherwise specified.''
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C. Contents of the Annual Report to Shareholders; Incorporation by 
Reference [Sec.  620.5(a) Through (e)]

    Section 620.5(a) through (e) requires that an institution's annual 
report contain: (1) A description of its business; (2) a description of 
its property; (3) disclosure of certain legal proceedings and 
enforcement actions to which the institution is a party; (4) a 
description of its capital structure, and (5) a description of its 
liabilities. In addition, Sec.  620.5(g) requires an institution's 
annual report to contain a management's discussion and analysis (MD&A) 
section that must include information necessary to an understanding of 
the institution's financial condition, material changes thereto, and 
results of operations. In certain circumstances, it may be appropriate 
for the institution to include the disclosures required by Sec.  
620.5(a) through (e) in the MD&A section of the annual report. In order 
to provide institutions flexibility in meeting the above requirements 
and to avoid the occurrence of duplicate disclosures, we propose to 
amend Sec.  620.5(a) through (e) to allow the information required by 
these provisions to be incorporated by reference to the MD&A section, 
so long as the descriptions and disclosures are appropriately included 
in the MD&A as required by Sec.  620.5(g).

D. Description of Business; Significant Developments [Sec.  
620.5(a)(4)]

    Section 620.5(a)(4) requires disclosure of any significant 
developments within the last 5 years that could have a material impact 
on earnings or the interest rates to borrowers. We are adding patronage 
and dividends to the list for which disclosure of significant 
developments that have material impact is required. Since an 
institution's patronage and patronage policies and practices ultimately 
affect the patronage or dividend return to a patron/stockholder, we 
propose to further amend this section to specifically require that 
changes to an institution's patronage and dividend policies and 
practices be disclosed if the changes are considered a significant 
development in accordance with the requirements of this section.

E. Description of Business; the Institution's Interdependent 
Relationship With Its Funding Bank [Sec.  620.5(a)(10)]

    Section 620.5(a)(10) requires each association to disclose in its 
annual report the association's financial and supervisory relationship 
with its funding bank. In order that the section not be interpreted to 
require only disclosure of the financial and supervisory relationships, 
but also include all interdependent relationships between banks and 
associations, we propose to amend this section to remove language, such 
as ``financial'' or

[[Page 70923]]

``supervisory,'' that may be interpreted to limit the disclosure of the 
interdependent relationship. While there is a financial and supervisory 
relationship between associations and funding banks that must be 
disclosed, we conclude that the disclosure should further include a 
discussion of all interdependent relationships so shareholders can 
understand the full extent of the relationship between an association 
and its funding bank.

F. Description of Liabilities; Description of Statutory Responsibility 
for Repayment of Obligations Issued by the Farm Credit System Financial 
Assistance Corporation [Sec.  620.5(e)(4)]

    Section 620.5(e)(4) requires disclosure of System institutions' 
responsibility for repayment of obligations issued by the Farm Credit 
System Financial Assistance Corporation (FAC). Because the FAC has 
fulfilled its obligations and discharged its responsibilities under the 
Act and is no longer a chartered entity, we propose to remove Sec.  
620.5(e)(4) in its entirety.

G. Selected Financial Data; Associations That Are Not Direct Lender 
Associations [Sec.  620.5(f)(2)]

    Section 620.5(f)(2) requires disclosure of selected financial data 
for each of the last 5 fiscal years in the annual reports of 
associations that are not direct lender associations. Due to System 
structure changes that occurred subsequent to the implementation of 
this section, all System associations are now direct lenders. 
Therefore, we propose to remove this section of the regulation in its 
entirety.

H. Description of Funding Sources [Sec.  620.5(g)(3)(i)(A)]

    Section 620.5(g)(3)(i)(A) requires that an institution describe its 
outstanding consolidated Systemwide debt obligations and other bond 
obligations used to fund its lending operations. We propose to clarify 
that the requirement applies to all debt obligations held by each 
System institution, not just the consolidated Systemwide debt and bond 
obligations. For example, this section would require that an 
association describe the general financing agreement with its 
affiliated bank.

I. Listing of Directors and Senior Officers and Their Terms of Office 
[Sec.  620.5(h)(1)]

    Section 620.5(h)(1) requires the disclosure of the names of all 
directors and senior officers of the institution, their respective 
position titles and terms of office. Most senior officers, as 
employees, do not have agreed-upon terms of office with the 
institution. Therefore, in lieu of disclosing a term of office for a 
senior officer, we propose to amend this section to require disclosure 
of the date the senior officer commenced employment in his/her current 
position. The requirement to disclose the term of office for directors 
would remain unchanged.

J. Director Compensation [Sec.  620.5(i)(1)]

    Section 620.5(i)(1) requires System institutions to make 
disclosures concerning the compensation of directors, including the 
total cash and noncash compensation paid to all directors as a group 
during the fiscal year. However, the current regulation does not 
specify whether the disclosures should include only those directors 
that are serving as of the date of the annual report, or if it should 
also include directors that received compensation during the fiscal 
year, whether or not serving as of the date of the annual report. As a 
result, disclosure practices vary among System institutions. 
Additionally, disclosure requirements for System institutions' CEOs at 
Sec.  620.5(i)(2)(i)(A) specifically require disclosure of compensation 
paid to each individual CEO that served in his/her capacity as CEO 
during the fiscal year. In order to clarify the requirements for 
director compensation and to conform these requirements with the 
disclosures required for the CEO at Sec.  620.5(i)(2)(i)(A), we propose 
to amend this section to clarify that the disclosures required by Sec.  
620.5(i)(1) apply to all directors that served in that capacity during 
the fiscal year, including those that resigned from the board or whose 
terms expired during the fiscal year.

K. Fees Paid to the Qualified Public Accountant Engaged To Conduct the 
Financial Statement Audit [Sec.  620.5(l)(2)]

    Section 620.5(l)(2) requires each institution to disclose in its 
annual report all fees paid to its qualified public accountant, with 
the fees segregated into three categories: audit services, non-audit 
services, and tax services. The types of non-audit services must be 
individually identified and disclosed, and each institution must state 
whether the non-audit services were approved by its audit committee. 
This requirement applies only to the fees paid to the qualified public 
accountant engaged to conduct the institution's financial statement 
audit. The requirement is intended to help shareholders assess the 
independence of the institution's external auditor. It does not apply 
to fees paid to other qualified public accountants not engaged to 
conduct the institution's audit. Thus, we propose to amend Sec.  
620.5(l)(2) to make this clarification.

L. Preparing and Publishing the Quarterly Report [Sec.  620.10(a)]

    On December 4, 2007, the FCA issued a final rule (72 FR 68060) 
amending the disclosure and reporting regulations for System 
institutions. The final rule revised the requirements for submitting 
part 620 reports to the FCA. Among other things, amended Sec.  620.4 
requires that each System institution prepare and send to FCA an 
electronic copy of its annual report and publish a copy of its annual 
report on its Web site when it sends FCA the electronic copy. This 
amendment intended to strike a balance between providing accelerated 
reporting and improved information flow to shareholders and investors, 
allowing sufficient time for the issuance of a paper copy of the annual 
report to shareholders. This amendment, however, did not address 
publication and filing requirements for quarterly reports to 
shareholders. To further facilitate timely disclosure of financial 
information and improved information flow to shareholders and 
investors, we propose to amend Sec.  620.10(a) to include requirements 
for filing the quarterly report electronically with the FCA and 
publishing the report on the institution's Web site when it sends the 
report electronically to the FCA. The section does not require that the 
quarterly report be sent to shareholders. However, it must be made 
available for public inspection at the issuing institution.
    Additionally, we propose to amend Sec.  620.10(a) to replace the 
language ``Farm Credit bank and direct lender association'' with 
``institution,'' which is defined for purposes of Sec.  620.1(f) to 
mean ``any bank or association chartered by the Act.''

M. Interim Financial Statements and Pro Forma Presentations Subsequent 
to Consummation of a Business Combination [Sec.  620.11(b)(4) and 
(b)(5)], and Reporting Accounting Changes and Error Corrections [Sec.  
620.11(b)(6) and (b)(7)]

    The Financial Accounting Standards Board (FASB) develops and 
establishes financial accounting and reporting standards and the 
hierarchy under which those standards are to be applied (i.e., GAAP). 
The recent issuance by the FASB of certain standards has necessitated a 
review of our regulations that are affected by the new standards.
    Section 620.11(b)(4) and (b)(5) established the interim financial 
reporting requirements for System

[[Page 70924]]

institutions that consummated a business combination, merger, 
consolidation, etc. (hereinafter referred to solely as a business 
combination), using either the pooling or purchase methods of 
accounting. The interim financial reporting requirements were affected 
by the FASB's issuance in 2007 of Statement of Financial Accounting 
Standards (SFAS) 141(R) because:
     FCA regulations require that System institutions prepare 
financial statements and reports in accordance with GAAP, thus all 
System institutions are required to adopt SFAS 141(R) and its 
disclosure requirements;
     SFAS 141(R) requires that the acquisition method of 
accounting be used to account for all business combinations, including 
combinations of mutual enterprises, thus the references in Sec.  
620.11(b)(4) and (b)(5) to pooling and purchase methods of accounting 
are no longer relevant; and
     In deliberating the new standard, the FASB agreed that the 
definition of a mutual enterprise includes cooperative entities, thus 
the acquisition method of accounting prescribed by SFAS 141(R) is GAAP 
for System institutions.
    SFAS 141(R) is effective for all business combinations that have an 
acquisition date on or after the beginning of the first annual 
reporting period beginning on or after December 15, 2008. Therefore, as 
of the effective date, System institutions will be required to apply 
SFAS 141(R) to business combinations with an acquisition date of 
January 1, 2009, or thereafter. Accordingly, since Sec.  620.11(b)(4) 
and (b)(5) will no longer apply to current GAAP, we propose to remove 
these sections in their entirety.
    FCA reporting requirements for accounting changes are found in 
Sec.  620.11(b)(6) and (b)(7). The FASB issued SFAS 154, Accounting 
Changes and Error Corrections, which replaced Accounting Principles 
Bulletin Opinion No. 20 and SFAS 3 and changed the requirements for the 
accounting for and reporting of a change in accounting principles. SFAS 
154 was effective for accounting changes and corrections of errors made 
in fiscal years beginning after December 15, 2005. Since SFAS 154 
addresses the accounting and reporting requirements covered by existing 
Sec.  620.11(b)(6) and (b)(7), and since System institution financial 
statements and reports are required to be prepared in accordance with 
GAAP, we propose to remove Sec.  620.11(b)(6) and (b)(7) in their 
entirety.

N. Independent Public Accountant [Sec.  620.11(e) and Sec.  620.21(f)]

    Section 619.9270 provides FCA's definition of ``qualified public 
accountant or external auditor.'' In order to ensure that Sec.  
620.11(e) and Sec.  620.21(f) are consistent with the definitions 
established in Sec.  619.9270, we propose to amend Sec.  620.11(e) to 
replace the references to ``independent public accountant'' with 
``qualified public accountant or external auditor.'' Additionally, we 
propose to amend Sec.  620.21(f) to replace each reference to 
``independent public accountant'' or ``accountant'' with ``qualified 
public accountant or external auditor.''

O. Accounting for the Allowance for Loan Losses and Chargeoffs [Sec.  
621.5(a)]

    Our existing rule at Sec.  621.5(a) on the allowance for loan 
losses states that System institutions shall maintain, at all times, an 
allowance for loan losses that is adequate to absorb all probable and 
estimable losses that may reasonably be expected to exist in the loan 
portfolio. This requirement was intended to be consistent with GAAP 
existing at the time. The accounting for the allowance for loan losses 
continues to evolve as additional pronouncements and other guidance are 
issued by the FASB and other standard-setting bodies. Therefore, to 
ensure that the accounting for the allowance for loan losses remains 
current with industry standards, we propose to amend this section by 
revising the language to clarify that a System institution's allowance 
for loan losses should be determined in accordance with GAAP.

P. Reports of Condition and Performance; Applicability and General 
Instructions; Filing of Reports [Sec.  621.12(c)]

    We propose to revise this provision because all Call Reports are 
currently submitted electronically, and the instructions for the 
preparation of the Call Reports are available on the Agency's Web site. 
Additionally, we propose to amend Sec.  621.12 to require that 
institutions file their Call Reports in accordance with the 
instructions prescribed by the FCA.

Q. Technical Corrections [Sec.  620.5]

    In a previous rulemaking, Sec.  620.5 was amended by removing the 
word ``financial'' and adding in its place the word ``financing.'' The 
intent of the change, however, was to remove the word ``financial'' and 
add in its place the word ``financing'' only as it appeared in Sec.  
620.5(a)(8), rather than in Sec. Sec.  620.5(a)(4), 620.5(e)(2), 
620.5(f), 620.5(f)(1)(iii), 620.5(g), 620.5(g)(1)(iv), 620.5(g)(2)(ii), 
620.5(g)(2)(vi), 620.5(j)(3)(ii), and 620.5(m)(1). Therefore, we 
propose to amend Sec.  620.5 to correct instances where the word 
``financial'' was inadvertently replaced with the word ``financing.''

IV. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.), FCA hereby certifies that the proposed rule will 
not have a significant economic impact on a substantial number of small 
entities. Each of the banks in the Farm Credit System, considered 
together with its affiliated associations, has assets and annual income 
in excess of the amounts that would qualify them as small entities. 
Therefore, System institutions are not ``small entities'' as defined in 
the Regulatory Flexibility Act.

List of Subjects in 12 CFR Parts 619, 620 and 621

    Accounting, Agriculture, Banks, Banking, Reporting and 
recordkeeping requirements, Rural areas.

    For reasons stated in the preamble, parts 619, 620, and 621 of 
chapter VI, title 12 of the Code of Federal Regulations are proposed to 
be amended as follows:

PART 619--DEFINITIONS

    1. The authority citation for part 619 continues to read as 
follows:

    Authority: Secs. 1.4, 1.7, 2.1, 2.4, 2.11, 3.2, 3.21, 4.9, 5.9, 
5.12, 5.17, 5.18, 6.22, 7.0, 7.1, 7.6, 7.8, 7.12 of the Farm Credit 
Act (12 U.S.C. 2011, 2015, 2072, 2075, 2092, 2123, 2142, 2160, 2243, 
2244, 2252, 2253, 2254, 2278b-2, 2279a, 2279a-1, 2279b, 2279b-2, 
2279f).
    2. Section 619.9270 is amended by revising the second sentence of 
paragraph (e) to read as follows:


Sec.  619.9270  Qualified Public Accountant or External Auditor.

* * * * *
    (e) * * * For the purposes of this definition, the term 
``independent'' has the same meaning as under the rules and 
interpretations of the authoritative body governing overall audit 
performance. * * *

PART 620--DISCLOSURE TO SHAREHOLDERS

    3. The authority citation for part 620 continues to read as 
follows:

    Authority: Secs. 4.19, 5.9, 5.17, 5.19, 8.11 of the Farm Credit 
Act (12 U.S.C. 2207, 2243, 2252, 2254, 2279aa-11); sec. 424 of Pub. 
L. 100-233, 100 Stat. 1568, 1656.

[[Page 70925]]

Subpart A--General

    4. Section 620.3 is amended by revising paragraph (b)(3) as 
follows:


Sec.  620.3  Accuracy of reports and assessment of internal control 
over financial reporting.

* * * * *
    (b) * * *
    (3) A board member formally designated by action of the board to 
certify reports on behalf of individual board members.
* * * * *

Subpart B--Annual Report to Shareholders

    5. Amend Sec.  620.5 as follows:
    a. Remove the word ``financing'' and add in its place the word 
``financial'' each place it appears in paragraphs (e)(2), (f) 
introductory text, (f)(1)(iii), (g) introductory text, (g)(1)(iv), 
(g)(2)(ii), (g)(2)(vi), (j)(3)(ii), and (m)(1);
    b. Revise the introductory paragraph, paragraphs (a)(4), (a)(10) 
introductory text, (g)(3)(i)(A), (h)(1), (i), and the first sentence of 
paragraph (l)(2);
    c. Remove paragraphs (a)(10)(v), (e)(4) and (f)(2); and
    d. Redesignate existing paragraphs (f)(3) and (f)(4) as newly 
designated paragraphs (f)(2) and (f)(3).


Sec.  620.5  Contents of the annual report to shareholders.

    The report must contain the following items in substantially the 
same order, except that information required by paragraphs (a) through 
(e) of this section may be referenced to information required by 
paragraph (g) so long as the descriptions and disclosures are 
appropriately included in paragraph (g) of this section:
    (a)* * *
    (4) Any significant developments within the last 5 years that had 
or could have a material impact on earnings, interest rates to 
borrowers, patronage, or dividends, including, but not limited to, 
changes in the reporting entity, changes in patronage policies and 
practices, and financial assistance provided by or to the institution 
through loss-sharing or capital preservation agreements or from any 
other source;
* * * * *
    (10) For associations, in a separate section of the annual report, 
discuss the interdependent relationship between the association and its 
funding bank, including, but not limited to, the financial 
relationship, a service provider relationship, other material 
operational relationships, and other specific issues or areas that 
create a material interdependent relationship between the association 
and its funding bank. This separate section may reference information 
from other sections of the annual report. At a minimum, the separate 
section must include the statement required by Sec.  620.2(h)(2)(i) of 
this part and the following information required elsewhere in this 
section, if applicable:
* * * * *
    (g) * * *
    (3) * * *
    (i) * * *
    (A) Describe the average and yearend amounts, maturities, and 
interest rates on outstanding consolidated Systemwide debt obligations, 
bond obligations, or any other obligations used to fund the 
institution's lending operations.
* * * * *
    (h) * * *
    (1) List the names of all directors and senior officers of the 
institution, indicating the position title and term of office of each 
director, and the position, title, and date each senior officer 
commenced employment in his or her current position.
* * * * *
    (i) Compensation of directors and senior officers. For the purposes 
of this paragraph, disclosure of compensation paid to and days served 
by directors applies to any director who served in that capacity at any 
time during the reporting period.
* * * * *
    (l) * * *
    (2) Disclose the total fees, by the category of services provided, 
paid during the reporting period to the qualified public accountant 
engaged to conduct the institution's financial statement audit. * * *
* * * * *

Subpart C--Quarterly Report

    6. Amend Sec.  620.10 by revising paragraph (a) to read as follows:


Sec.  620.10  Preparing the quarterly report.

    (a) Each institution of the Farm Credit System must:
    (1) Prepare and send, to the Farm Credit Administration, an 
electronic copy of its quarterly report within 40 calendar days after 
the end of each fiscal quarter, except that no report need be prepared 
for the fiscal quarter that coincides with the end of the fiscal year 
of the institution; and
    (2) Publish a copy of its quarterly report on its Web site when it 
sends the report electronically to the Farm Credit Administration.
* * * * *


Sec.  620.11  [Amended]

    7. Amend Sec.  620.11 as follows:
    a. Remove paragraphs (b)(4) through (b)(7);
    b. Redesignate existing paragraph (b)(8) as newly designated 
paragraph (b)(4); and
    c. Remove the words ``independent public accountant,'' ``an 
independent public accountant,'' and ``the independent public 
accountant'' and add the words ``a qualified public accountant or 
external auditor'' in each place they appear in paragraph (e) and its 
heading.

Subpart E--Annual Meeting Information Statement

    8. Amend Sec.  620.21 by revising the heading and paragraph (f) to 
read as follows:


Sec.  620.21  Contents of the information statement and other 
information to be furnished in connection with the annual meeting or 
director elections.

* * * * *
    (f) Relationship with qualified public accountant or external 
auditor. If an institution of the Farm Credit System has had a change 
or changes in its qualified public accountant or external auditor since 
the last annual report to shareholders, or if a disagreement with a 
qualified public accountant or external auditor has occurred, the 
institution shall disclose the information required by Sec.  621.4(c) 
and (d) of this chapter.

PART 621--ACCOUNTING AND REPORTING REQUIREMENTS

    9. The authority citation for part 621 continues to read as 
follows:

    Authority: Secs. 5.17, 8.11 of the Farm Credit Act (12 U.S.C. 
2252, 2279aa-11); sec. 514 of Pub. L. 102-552.

Subpart A--Purpose and Definitions

    10. Amend Sec.  621.2 by revising paragraph (d) to read as follows:


Sec.  621.2  Definitions.

* * * * *
    (d) Generally accepted auditing standards means the standards and 
guidelines that are generally accepted in the United States of America 
and that are adopted by the authoritative body that governs the overall 
quality of audit performance.
* * * * *

Subpart B--General Rules

    11. Amend Sec.  621.5 by revising paragraph (a) to read as follows:

[[Page 70926]]

Sec.  621.5  Accounting for the allowance for loan losses and 
chargeoffs.

* * * * *
    (a) Maintain at all times an allowance for loan losses that is 
determined according to generally accepted accounting principles.
* * * * *

Subpart D--Report of Condition and Performance

    12. Amend Sec.  621.12 by revising paragraph (c) as follows:


Sec.  621.12  Applicability and general instructions.

* * * * *
    (c) All reports of condition and performance shall be submitted 
electronically in accordance with the instructions prescribed by the 
Farm Credit Administration and located on its Web site.

    Dated: November 17, 2008.
Roland E. Smith,
Secretary, Farm Credit Administration Board.
 [FR Doc. E8-27654 Filed 11-21-08; 8:45 am]
BILLING CODE 6705-01-P