Metrocorp, Inc. - Page 56




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               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 until            






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