Metrocorp, Inc. - Page 59




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          losses, a higher percentage, up to 1.50 percent.  12 U.S.C. sec.            
          1817(b)(1)(B)(i) (Supp. I, 1989).  Assessment rates were fixed              
          for an initial period that might extend to 1995 (0.12 percent of            
          insured deposits for the year in question).  12 U.S.C. sec.                 
          1817(b)(1)(C) (Supp. I, 1989).  However, with restrictions, the             
          FDIC could increase rates if necessary to restore the Fund’s                
          ratio of reserves to insured deposits to its target level.  12              
          U.S.C. sec. 1817(b)(1)(C)(iv) (Supp. I, 1989).  Any assets of the           
          Fund in excess of 1.25 percent of insured deposits are treated as           
          a supplemental reserve, which assets, if the supplemental reserve           
          is no longer needed, are to be distributed to Fund members (but             
          earnings on those assets are to be distributed annually).  See 12           
          U.S.C. sec. 1817(b)(1)(B)(iii) (Supp. I, 1989).  Finally,                   
          assessment income in excess of amounts necessary to maintain the            
          designated reserve ratio is to be credited against the Fund                 
          member’s assessment for the following year.  See 12 U.S.C. sec.             
          1817(d) (Supp. I, 1989).  Clearly, the annual assessment system             
          for the Fund designed by Congress contemplates continued                    
          participation by insured depository institutions.  There are                
          multiperiod aspects to the system that raise questions as to the            
          extent of the deductibility of even the annual assessments.                 
               The assessment system established by Congress is detailed              
          and complex.  The majority has made little reference to it.  The            
          entrance fee required of Metrobank was assessed at a rate                   






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