- 56 - have a high probability of remaining with the acquiring or resulting depository institution for a reasonable period of time following the acquisition, in excess of those deposits that would have remained in the insurance fund of the depository institution in default or in danger of default had such institution been resolved by means of an insured deposit transfer. The estimated dollar amount of the entrance fee deposit base shall be determined on a case-by-case basis by the Federal Deposit Insurance Corporation at the time offers to acquire an insured depository institution (or any part thereof) are solicited by the Federal Deposit Insurance Corporation or the Resolution Trust Corporation. The term “Bank Insurance Fund reserve ratio” is defined in 12 C.F.R. section 312.1(c) (1991) as follows: The term "Bank Insurance Fund reserve ratio" shall mean the ratio of the net worth of the Bank Insurance Fund to the value of the aggregate total domestic deposits held in all Bank Insurance Fund members. * * * Like the exit fee, the origin of the entrance fee requirement is in section 206(a)(7) of FIRREA. H. Rept. 101- 54(I) (1989), is the report of the Committee on Banking, Finance and Urban Affairs that accompanied H.R. 1278, 101st Cong., 1st Sess. (1989), which, as enacted, became FIRREA. That report states that the entrance fee “must be enough to prevent the dilution of the reserves of the Fund to be joined by the institution.” H. Rept. 101-54(I) at 325. 2. Petitioner’s Claim, and Majority’s Understanding, as to Purpose of Entrance Fee On brief, petitioner argues: “Petitioner paid the entrance fee simply to insure the deposits transferred into the BIF untilPage: Previous 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Next
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