No bank shall operate without adequate capital as determined by the superintendent of financial institutions. In evaluating the adequacy of a bank's capital, the superintendent may consider any of the following:
(A) The nature and volume of the bank's business;
(B) The amount, nature, quality, and liquidity of the bank's assets;
(C) The amount and nature of the bank's liabilities, including those that are not presently due or are contingent;
(D) The amount and nature of the bank's fixed costs;
(E) The history of and prospects for the bank to earn and retain income;
(F) The quality of the bank's operations;
(G) The quality of the bank's management;
(H) The nature and quality of the bank's ownership;
(I) Any other factor the superintendent finds to be relevant under the circumstances.
Effective Date: 01-01-1997 .