Summary: | The FDIC Board of Directors has approved the attached final rule to implement the One-Time Assessment Credit, as required by the Federal Deposit Insurance Reform Act of 2005. Under the final rule, eligible institutions will share in an aggregated one-time deposit insurance assessment credit of $4,707,580,238.19. The final rule takes effect on November 17, 2006. |
Highlights:
Continuation of FIL-93-2006 Distribution: Suggested Routing: Note:
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Financial Institution Letters FIL-93-2006 October 18, 2006 | |
Deposit Insurance Assessments The Board of Directors of the Federal Deposit Insurance Corporation (FDIC) has approved the attached final rule to implement the One-Time Assessment Credit, as required by the Federal Deposit Insurance Reform Act of 2005. Under the final rule, eligible institutions will share in an aggregated deposit insurance assessment credit of $4,707,580,238.19. The final rule takes effect on November 17, 2006. Institutions eligible for the One-Time Assessment Credit are those that were in existence on December 31, 1996, and paid a deposit insurance assessment prior to that date, or are a successor to such an institution. A successor institution is defined as the acquiring, assuming, or resulting institution in a merger or consolidation or the acquiring institution under a de facto rule. The de facto rule recognizes a transfer of at least 90 percent of an institution's assets and deposit liabilities as a substantial transfer of the transferring institution's business. An institution deemed a "successor" under this rule acquires a pro-rata portion of the transferring institution's 1996 assessment base ratio. The FDIC will apply an eligible institution's One-Time Assessment Credit against the institution's future assessments to the maximum extent allowed by the statute. The FDIC will provide a preliminary Statement of One-Time Credit to all eligible institutions as soon as practicable after the publication date of the final rule. The amounts shown in the Statements do not reflect credits as a result of transfers under the de facto rule. Requests for Review Involving Credits Under the final rule, an institution may request a review of its One-Time Assessment Credit by December 18, 2006 , if it:
The Request for Review must be filed with the FDIC's Division of Finance at the following address:
Federal Deposit Insurance Corporation
All requests must be in writing and be accompanied by any documentation supporting the institution's claim.
Timely Requests A Request for Review is considered to be filed in a timely manner if the written request is received by the FDIC or postmarked by December 18, 2006. Suggested Documentation Documentation submitted to evidence a merger or consideration under the successor rule should allow the FDIC to readily identify the successor in such a transaction. An example of documentation that an institution might submit with its Request for Review, to support its claim as successor, would be a copy of the transfer/transaction agreement. Documentation submitted in support of a claim under the de facto rule should allow the FDIC to readily identify assets and deposit liabilities transferred in a transaction, as well as the total assets and total liabilities of the transferring institution on the date of the transaction. These amounts are necessary to determine "substantial transfers" under the de facto rule, which is explained in the preamble to the final rule as representing a transfer of at least 90 percent of an institution's assets and deposit liabilities. The following are examples of documentation that an institution might submit with its Request for Review to support its claim under the de facto rule:
Definitions
Fred S. Selby Director Division of Finance |
Additional Related Topics:
- FDIC Assessments Regulations, 12 CFR 327, Subpart A
- FDIC Dividends Regulations, 12 CFR 327, Subpart C