(a) For purposes of this Part, well-rated foreign banking corporation means a foreign banking corporation designated as such by the superintendent. Such an institution must be considered by the superintendent generally to be well-capitalized and well-managed. The superintendent will consider the following factors, among others, in making such determination:

1. (1) whether the parent foreign bank on a consolidated basis maintains a well-capitalized position (currently, tier 1 and total risk-based capital ratios of 6 and 10 percent, respectively, as calculated in accordance with standards set by the Basel Committee on Banking Supervision);
2. (2) the strength of support assessment (SOSA) rating issued by the Federal banking agencies;
3. (3) the composite rating for the foreign banking corporation's New York office or offices (such rating should be no lower than a "2"); and
4. (4) whether there are any formal supervisory, regulatory, or enforcement actions outstanding against the New York office or offices.