BAC can satisfy the need for equity in a variety of ways, sources tell CNBC. First, it can sell assets. The government program to buy troubled assets could be up and running in the next month or so.
That's one potential source for the sale of toxic assets, along with just a plain old sale to private investors. BAC also has substantial equity stakes in other business, for example, Blackrock, which can be sold to raise equity.
In addition, CNBC is reporting this morning that earnings in excess of what regulators expect through the fourth quarter can also be counted toward capital.
Sources also tell CNBC the earnings expectations of regulators are pretty conservative. So any upside surprises reduce the common needs of BAC, just as downside surprise raise the need for additional common. Another source: As CNBC's Mary Thompson points out, (watch video) there is $27 billion of privately held preferred that can be converted to common.