The 2023 Florida Statutes (including Special Session C)
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. . . . § 563.13(a)(2), (b)(2) (1983); Winstar , 518 U.S. at 845-46, 116 S.Ct. 2432. . . .
. . . . § 563.13(7)(I) & (III) (1988), to use the purchase method of accounting in a merger to create goodwill . . .
. . . at a level consistent with that required of institutions insured twenty years or longer by Section 563.13 . . . (1) three percent of total liabilities ..., or (2) a level consistent with that required by Section 563.13 . . .
. . . 3% of total liabilities prior to January 1, 1990, or 4% of total liabilities afterwards. 12 C.F.R § 563.13 . . .
. . . . § 563.13. . . . purchaser to maintain the regulatory capital of the acquired thrifts “at the level ... required by § 563.13 . . . by a Federal association that met its minimum regulatory capital requirement as set forth in then § 563.13 . . .
. . . . § 563.13 (1986) or any successor regulation shall not be required of First Federal. . . . addition to any other remedies available, FSLIC shall have all the rights granted it under 12 C.F.R. § 563.13 . . . Section 6.09 expressly provided that all FSLIC and FHLBB regulations, except 12 C.F.R. § 563.13, remained . . . in the context of the regulatory environment existing in 1986, and that, at that time, 12 C.F.R. § 563.13 . . . Because Section 6.10 substituted its net worth ratios for those in 12 C.F.R. § 563.13, the court further . . .
. . . . § 563.13 (1986) or any successor regulation shall not be required of First Federal. . . . addition to any other remedies available, FSLIC shall have all the rights granted it under 12 C.F.R. § 563.13 . . . Section 6.09 expressly provided that all FSLIC and FHLBB regulations, except 12 C.F.R. § 563.13, remained . . . in the context of the regulatory environment existing in 1986, and that, at that time, 12 C.F.R. § 563.13 . . . Because Section 6.10 substituted its net worth ratios for those in 12 C.F.R. § 563.13, the court further . . .
. . . UFG’s acquisition of USAT, it required UFG to cause USAT's net worth to meet the required minimum in 563.13 . . .
. . . the acquiring institutions count supervisory goodwill toward their reserve requirement under 12 CFR § 563.13 . . . The panel majority’s further holding that 12 CFR § 563.13, cited supra in Winstar, does not concern the . . . mark, for the accounting use of supervisory goodwill to meet the reserve requirements under 12 CFR § 563.13 . . . Minijit Johal, former official of the Federal Home Loan Bank of San Francisco, explaining 12 CFR § 563.13 . . . Section 563.13(b)(7)(i) provided that, “after any merger, consolidation, or purchase of assets and assumption . . . base liabilities, and increased liabilities of the merged and continuing institutions.” 12 C.F.R. § 563.13 . . . Mola correctly points out that 12 C.F.R. § 563.13(b)(7)(iii) provided that “the provisions of this paragraph . . . This affidavit suggests that a supervisory designation was required, pursuant to 12 C.F.R. § 563.13(7 . . .
. . . the acquiring institutions count supervisory goodwill toward their reserve requirement under 12 CFR § 563.13 . . . The panel majority’s further holding that 12 CFR § 563.13, cited supra in Winstar, does not concern the . . . mark, for the accounting use of supervisory goodwill to meet the reserve requirements under 12 CFR § 563.13 . . . Minijit Johal, former official of the Federal Home Loan Bank of San Francisco, explaining 12 CFR § 563.13 . . . Section 563.13(b)(7)(i) provided that, “after any merger; consolidation, or purchase of assets and assumption . . . base liabilities, and increased liabilities of the merged and continuing institutions.” 12 C.F.R. § 563.13 . . . Mola correctly points out that 12 C.F.R. § 563.13(b)(7)(iii) provided that “the provisions of this paragraph . . . This affidavit suggests that a supervisory designation was required, pursuant to 12 C.F.R. § 563.13(7 . . .
. . . (1) 5 percent of [Republic’s] total liabilities, reduced by ‘qualifying balances’ as permitted by § 563.13 . . . (b)(4) of the Insurance Regulations, or (2) the amount required by § 563.13(b) of the Insurance Regulations . . .
. . . . § 563.13(b), or any successor regulation thereto.” . . .
. . . . § 563.13(b), or any successor regulation thereto.” . . .
. . . . § 563.13(b)(2)(1982), 12 C.F.R. § 563.13(b)(2)(1983). . . . the FHLBB expressly states that the Board would forbear from taking regulatory action pursuant to a § 563.13 . . . [the FSLIC], shall forbear from taking action pursuant to Section 563.13(d) of the Rules and Regulations . . .
. . . . § 563.13 (1986). See Tr. 138:5-139:3 (Bor-shoff), 428:10-12 (Vigna), 5040:22-5041:8 (Guttentag). . . . At that time, the capital requirements of 12 C.F.R. § 563.13 (1986) constituted the gauge by which the . . . Notably, 12 C.F.R. § 563.13 was the standard for measuring the capital adequacy of a potential merger . . . Because the parties were aware in 1986 of the broad applicability of 12 C.F.R. § 563.13, and because . . . Section 6.10 substituted its net worth ratios for those required under 12 C.F.R. § 563.13, the Court . . .
. . . Part 563.13(b) as now or thereafter in effect, and as necessary, will infuse sufficient additional capital . . . recognized First Annapolis’s obligation to meet the minimum capital regulatory requirements of 12 C.F.R. § 563.13 . . . the Plan of Conversion, and, thereafter, at any given time, computed in accordance with 12 C.F.R. § 563.13 . . . Institution’s regulatory capital requirement at any given time computed in accordance with 12 C.F.R. § 563.13 . . . Estimated (normal) Regulatory Capital Requirement” referred to the capital regulation found at 12 C.F.R. § 563.13 . . .
. . . Section 563.13 (Regulatory Capital Requirement) of the Rules and Regulations for the Federal Savings . . . of the consummation of the merger (“Effective Date”), from exercising its authority, under Section 563.13 . . . or forbear from enforcement of the regulatory capital requirements as stated in Insurance Regulation 563.13 . . . dividends be paid that would reduce the net worth of the association below the level required by I.R. 563.13 . . . , enough cash to bring the Regulatory Capital of the resulting institution to the level required by 563.13 . . .
. . . such redemption, the insured institution would fail to meet its regulatory capital requirement under § 563.13 . . .
. . . . § 563.13 (1981)). . . .
. . . Section 563.13(d) and will comply with the time period specified. (Pltfs App. at 34). . . .
. . . company to agree to maintain the Association's regulatory capital at the levels required by Section 563.13 . . .
. . . . § 563.13 (1981)). . . .
. . . from enforcement of the reserve or regulatory capital requirements as stated in Insurance Regulation 563.13 . . . supervisory mergers[,]” which addresses the statutory reserve and net worth requirements of section 563.13 . . . of the consummation of the merger (“Effective Date"), from exercising its authority, under Section 563.13 . . . Insurance of Accounts, for any failure of RVSL, to meet the regulatory capital requirements of Section 563.13 . . .
. . . surviving insured institution to be maintained at a level consistent with the requirements of Section 563.13 . . . (b) of the Rules and Regulations for Insurance of Accounts [12 C.F.R. § 563.13(b) (1986),] as now or . . .
. . . . § 563.13, or any successor regulation thereto. See Admiral Fin. Corp. v. . . . Institution’s Regulatory capital requirement at a given time computed in accordance with 12 C.F.R. § 563.13 . . . five years following consummation of the acquisition, from exercising its authority, under Section 563.13 . . . Insurance Regulations for any failure of Hometown Federal to meet the net worth requirement of Section 563.13 . . .
. . . . § 563.13, or any successor regulation thereto. See Admiral Fin. Corp. v. . . . Institution’s Regulatory capital requirement at a given time computed in accordance with 12 C.F.R. § 563.13 . . . five years following consummation of the acquisition, from exercising its authority, under Section 563.13 . . . Insurance Regulations for any failure of Hometown Federal to meet the net worth requirement of Section 563.13 . . .
. . . . § 563.13 as long as New Western met the net worth requirement set out in the Regulatory Capital Maintenance . . . Paragraph 1 is set forth below: The FSLIC will forbear from taking action pursuant to Section 563.13 . . . any failure by New Western to comply with its regulatory capital requirement provided for in Section 563.13 . . . While paragraph 1 unconditionally exempts New Western from the consequences of § 563.13 should it fail . . . As construed above, the regulators contractually promised to forebear action under § 563.13 should New . . .
. . . Paragraph 1 is set forth below: The FSLIC will forbear from taking action pursuant to Section 563.13 . . . any. failure by New Western to comply with its regulatory capital requirement provided for in Section 563.13 . . . While paragraph 1 unconditionally exempts New Western from the consequences of § 563.13 should it fail . . . the trial court, New Western was placed in receivership not because of insufficient capital under § 563.13 . . . As construed above, the regulators contractually promised to forebear action under § 563.13 should New . . .
. . . . § 563.13, and where necessary, will infuse additional equity capital, in a form satisfactory to the . . . Trust would cause SSA’s net worth to be maintained at a level consistent with that required by Section 563.13 . . . total liabilities to _% at the Effective Date, for purposes of determining compliance with Section 563.13 . . . of the Insurance Regulations, 12 C.F.R. § 563.13 (1987), or any successor rule or regulation; ____ DX . . . of the Insurance Regulations, 12 C.F.R. § 563.13 (1987), or any successor rule or regulation; DX 152 . . .
. . . surviving insured institution to be maintained at a level consistent with the requirements of Section 563.13 . . . (b) of the Rules and Regulations for Insurance of Accounts [12 C.F.R. § 563.13(b) (1986),] as now or . . .
. . . for as long as it is in control.. .at not less than a level consistent with that required by Section 563.13 . . .
. . . . § 563.13 (1981), and amortize it over a period up to forty years in duration. . . .
. . . . § 563.13 (1986), thrifts were required to keep a certain percentage of their net worth in reserve. . . .
. . . cause the net worth of Palmetto to be maintained at a level consistent with that required by Section 563.13 . . . cause the net worth of Palmetto to be maintained at a level consistent with that required by Section 563.13 . . .
. . . Section 563.13 [requiring adequate capital reserves] arising from scheduled items attributed to Washington . . . of five years following the consummation of the merger, from exercising its authority under Section 563.13 . . . Section 563.13[.]” Id. at 277; see also supra note 7. . . . Part 563.13(b). See Pl.App. Ex. N at 2; see also supra note 7. . . . II at 37-38 (describing W & L as “insolvent."). . 12 C.F.R. § 563.13(b) (1987) required that "the minimum . . .
. . . . § 563.13(b), or any successor regulation thereto, but not less than 3% of the Association’s total liabilities . . . While both paragraphs are titled “Regulatory Capital Requirement” and reference “12 C.F.R. § 563.13(b . . . accepted accounting principles (if approved by the Corporation), appraised equity capital (as defined in § 563.13 . . . its required capital below 4 percent of total liabilities on or after January 1, 1990. 12 C.F.R. § 563.13 . . .
. . . . § 563.13(b) ] by June 30, 1990.’ ” 53 Fed.Cl. at 332. . . . explained: The 12/22/87 letter provides a forbearance from enforcement of the capital requirement of 563.13 . . . Institution’s regulatory capital requirement at a given time computed in accordance with 12 C.F.R. § 563.13 . . .
. . . surviving insured institution to be maintained at a level consistent with the requirements of Section 563.13 . . . See 12 C.F.R. § 563.13(b) (1986). . . . .
. . . at a level consistent with that required of institutions insured twenty years or longer by Section 563.13 . . . at a level consistent with that required of institutions insured twenty years or longer by Section 563.13 . . .
. . . Section 561.13 defined net worth and contained a cross-reference to 12 C.F.R. 563.13, which set out the . . . In Winstar III, the Supreme Court addressed 12 C.F.R. § 563.13 as it stood in 1981, the time pertinent . . . of net worth”); § 563.13(a) (defining "net worth” as “the sum of all reserve accounts ..., retained . . . See 12 CFR § 563.13 (1988). . . . Section 563.13 has since been superseded by [FIRREA], Id. at 854 & n. 9, 116 S.Ct. 2432. . . . .
. . . . § 563.13 or any successor regulation shall not be required of First Federal.” . . . . § 563.13 (1986) or any successor regulation. . . . The amount of net worth required under 12 C.F.R. § 563.13 (1986) or any successor regulation shall not . . . addition to any other remedies available, FSLIC shall have all the rights granted it under 12 C.F.R. § 563.13 . . . granted “First Federal a forbearance from compliance with net worth ratios required by 12 C.F.R. § 563.13 . . .
. . . for a period of five years following the Effective Dates, from exercising its authority under section 563.13 . . . because of Anchor’s failure to comply with the statutory reserve and net worth requirements of Section 563.13 . . .
. . . forbearance, for a five-year period from the FSLIC exercising its authority under Insurance Regulation 563.13 . . .
. . . forbearance, for a five-year period from the FSLIC exercising its authority under Insurance Regulation 563.13 . . .
. . . consummation of the acquisition (“Effective Date”), from exercising its authority to take action under Section 563.13 . . .
. . . . §§ 563.13(b)(2), 571.5 (1982). . . . when “the resulting association must include goodwill to meet the net-worth requirements of 12 C.F.R. 563.13 . . .
. . . Section 563.13, or any successor regulation thereto.” Id. at 278. . . .
. . . accepted accounting principles (if approved by the Corporation), appraised equity capital (as defined in § 563.13 . . .
. . . . § 563.13(b), as now or hereafter in effect, and, as necessary, will infuse additional equity capital . . .
. . . not exceeding one dollar ($1.00) less than the fully phased-in regulatory capital requirement of § 563.13 . . . maintain “adequate reserves” to be eligible for FSLIC insurance. 12 U.S.C. § 1726(b), see 12 C.F.R. § 563.13 . . . such redemption, the insured institution would fail to meet its regulatory capital requirement under § 563.13 . . .
. . . limitation] for the Honfed acquisition, and for Honfed’s compliance with the requirements of Section 563.13 . . . supervisory action against Honfed as a result of its failure to meet the net worth requirements of Section 563.13 . . .
. . . limitation] for the Honfed acquisition, and for Honfed’s compliance with the requirements of Section 563.13 . . . supervisory action against Honfed as a result of its failure to meet the net worth requirements of Section 563.13 . . .
. . . the regulatory capital of the resulting institution will at least equal the amount required under § 563.13 . . . Commercial Federal Bank to be maintained consistent with FHLBB regulatory requirements, specifically Section 563.13 . . . calendar quarter, regulatory capital at least equal to the amount that may be required pursuant to § 563.13 . . . Commercial Federal Bank remained consistent with the FHLBB regulatory requirements, specifically section 563.13 . . .
. . . . § 563.13 as long as New Western met the net worth requirement set out in the RCMA. PX 70. . . .
. . . accounting principles, or the regulatory capital requirements for Southeast established under Section 563.13 . . . June 4th supplement restated that “the regulatory capital requirement computed under FHLBB regulation 563.13 . . . capital of New Institution, to be maintained at a level consistent with that required by 12 C.F.R. § 563.13 . . . once again promising that BFC would maintain Southeast’s capital levels “consistent with 12 C.F.R. § 563.13 . . . Association’s regulatory capital requirement at a given time computed in accordance with 12 C.F.R. § 563.13 . . .
. . . the acquired thrifts liabilities for the purpose of satisfying the net worth requirements of Section 563.13 . . . contained the following language: “For purposes of satisfying the net worth requirements of Section 563.13 . . .
. . . following the effective date of the merger, the Board will forbear from exercising its authority under § 563.13 . . . failure of the resulting association to comply with the statutory reserve and net worth requirements of § 563.13 . . . supervisory forbearance; specifically, the FHLBB would “forbear from exercising its authority under § 563.13 . . . failure of the resulting association to comply with the statutory reserve and net worth requirements of § 563.13 . . .
. . . the Institution’s regulatory capital requirement at a given time computed in accordance with 12 CFR 563.13 . . . they will maintain the regulatory capital of Haven at a level equal to that required by 12 C.F.R. § 563.13 . . .
. . . five years following consummation of the Acquisition, from exercising its authority, under Section 563.13 . . . five years following consummation of the acquisition, from exercising its authority, under Section 563.13 . . . FSLIC-Insured Institutions; for any failure of Sterling to meet the capital requirements of Section 563.13 . . .
. . . . § 563.13 (1988), as determined from an audited balance sheet as of the date of the conversion which . . . Institution’s regulatory capital requirement at a given time computed in accordance with 12 C.F.R. § 563.13 . . . “Total Liabilities means total liabilities as defined in 12 C.F.R. § 563.13(b)(1)(i), or any successor . . . defined as Franklin Federal’s “fully phased-in regulatory capital requirement as defined in 12 C.F.R. § 563.13 . . . “Total Liabilities” is defined as “total liabilities as defined in 12 C.F.R. § 563.13(b)(1)(i), or any . . .
. . . . § 563.13(b). . . . of five years following consummation of the acquisition, from exercising its authority under Section 563.13 . . . ... for any failure of Hometown Federal to meet the net worth requirement of Section 563.13 arising . . . Institution’s regulatory capital requirement at a given time computed in accordance with 12 C.F.R. § 563.13 . . . New Hometown “to bring Hometown Federal Savings Bank into full capital compliance [under 12 C.F.R. § 563.13 . . .
. . . period of five years following consummation of the acquisition, from exercising its authority under 563.13 . . . of the Insurance Regulations [12 C.F.R. § 563.13 (1985)], for any failure of Barron to meet the net . . . worth requirements of Section 563.13 arising solely from an increase in the contingency factor attributable . . . of five years following consummation of the acquisition, from exercising its authority under Section 563.13 . . . of Accounts, for any failure of (acquired institution) to meet the net worth requirements of Section 563.13 . . .
. . . merger of the de novo with First Nationwide (“merger”), from exercising its authority, under Section 563.13 . . .
. . . . § 563.13 (1989). . . .
. . . 561.13(b) of the Regulatory Capital Regulations, (i) the [FSLIC], pursuant to its authority under § 563.13 . . . Regulatory Capital Regulation, shall consider the NEW ASSOCIATION’S ‘base liabilities,’ as defined in § 563.13 . . . Regulation, to be the lower of the NEW ASSOCIATION’S level “... of ‘total liabilities,’ as defined in § 563.13 . . . which regulatory capital is being computed, and (ii) the [FSLIC], pursuant to its authority under § 563.13 . . . the Regulatory Capital Regulation, shall consider the NEW ASSOCIATION’S ‘base ratio,’ as defined in § 563.13 . . .
. . . for a period of five years following the Effective Dates, from exercising its authority under Section 563.13 . . . because of Anchor’s failure to comply with the statutory reserve and net worth requirements of Section 563.13 . . .
. . . part: For purposes of the resulting institution’s satisfaction of the net-worth calculation of Section 563.13 . . .
. . . . § 563.13(b). Id. . . . . § 563.13 as long as New Western met the net worth requirement set out in the Regulatory Capital Maintenance . . . FSLIC’s promise to forbear from enforcing the regulatory capital requirement provided for in Section 563.13 . . . The FSLIC will forbear from taking action pursuant to Section 563.13 of the Rules and Regulations for . . . See 12 C.F.R. § 563.13(b) (1988) (“An institution shall not ... reduce its required amount of regulatory . . .
. . . Under 12 C.F.R. section 563.13 (1986), thrifts were required to keep a certain percentage of their net . . .
. . . shall cause the net worth of Home Savings to be maintained in compliance with the requirements of § 563.13 . . . dividend in any fiscal year that would reduce Home Savings’ net worth below the level required under § 563.13 . . .
. . . period of five years following consummation of the merger, from exercising its authority, under Section 563.13 . . . for any failure of Home Savings to meet the statutory-reserve and net worth requirements of Section 563.13 . . . period of five years following consummation of the merger, from exercising its authority, under Section 563.13 . . . requirements], as a result of any failure of Home Savings to meet the net worth requirements of Section 563.13 . . . acquiring institutions count supervisory goodwill toward their reserve requirements under 12 C.F.R. § 563.13 . . .
. . . Association, Overland Park, Kansas, to be maintained at a level consistent with that required by Section 563.13 . . .
. . . Association, Overland Park, Kansas, to be maintained at a level consistent with that required by Section 563.13 . . .
. . . cause the net worth of Security to be maintained at a level consistent with that required by Section 563.13 . . .
. . . cause the net worth of [OPSL] to be maintained at a level consistent with that required by Section 563.13 . . . Section 563.13(b) established minimum annual net worth requirements for insured institutions. . . . See 12 C.F.R. 563.13(b) (1979). . . . . At the time Financial signed the stipulation, Section 563.13(b) actually required insured institutions . . . See 12 C.F.R. § 563.13(b) (1979). See also, e.g., United States v. . . .
. . . . § 563.13(b). . . .
. . . . § 563.13(b). . . .
. . . calculate the required level of Regulatory Capital in lieu of that which is required under Section 563.13 . . .
. . . the net worth of the Association to be maintained at a level consistent with that required by Section 563.13 . . . Association, Overland Park, Kansas, to be maintained at a level consistent with that required by Section 563.13 . . . the FSLIC that they would maintain the net worth of their subsidiaries at levels required by Section 563.13 . . . ., stating that it would maintain Savers Federal’s net worth at a level consistent with 12 C.F.R. § 563.13 . . . (1) three percent of total liabilities ..., or (2) a level consistent with that required by Section 563.13 . . .
. . . . § 563.13 (1981) were different from the “more complicated incentive” arising from regulators’ decision . . .
. . . . § 563.13 (1987). . . .
. . . requirement that thrifts maintain adequate capital reserves as a cushion against losses, see 12 CFR § 563.13 . . . The Government asserts that the reference to § 563.13 of FSLIC regulations, which at the time defined . . . See 12 CFR § 563.13 (1988). . . . Section 563.13 has since been superseded by the Financial Institutions Reform, Recovery, and Enforcement . . . See 12 CFR§ 563.13(a)(2) (1981). . See also Appleby v. . . .
. . . requirement that thrifts maintain adequate capital reserves as a cushion against losses, see 12 CFR §563.13 . . . the acquiring institutions count supervisory goodwill toward their reserve requirements under 12 CFR §563.13 . . . The Government asserts that the reference to §563.13 of FSLIC regulations, which at the time defined . . . See 12 CFR § 563.13 (1988). . . . Section 563.13 has since been superseded by the Financial Institutions Reform, Recovery, and Enforcement . . .
. . . . § 563.13, or any successor regulation then in effect. . . .
. . . . § 563.13(b)(2) (1985) (net worth requirement); see also Assistance Agreement § 10(a), Aplt.App. at . . .
. . . . §§ 563.13 and 563.14 (1983) governed the declaration of dividends by federally insured Savings and . . .
. . . . § 563.13); id. at 31859 (codified at 12 C.F.R. § 563.13); id. at 52961 (codified at 12 C.F.R. § 563.13 . . . alia the thrifts’ projected compliance with regulatory capital requirements, 12 C.F.R. §§ 546.2(h)(6), 563.13 . . .
. . . . § 563.13, ,8-l(d)(l)(ii) (1983-1988). . . . See 12 C.F.R. § 563.13 (1989). . . .
. . . . § 563.13); id. at 31859 (codified at 12 C.F.R. § 563.13); id. at 52961 (codified at 12 C.F.R. § 563.13 . . . alia the thrifts’ projected compliance with regulatory capital requirements, 12 C.F.R. §§ 546.2(h)(6), 563.13 . . .
. . . cause the net worth of MeraBank to be maintained at a level consistent with that required by Section 563.13 . . .
. . . . § 563.13 (currently codified at 12 C.F.R. § 567.2) “as now or hereinafter in effect” and would “infuse . . . they would cause the bank’s net worth to be maintained in accord with the requirements of 12 C.F.R. § 563.13 . . .
. . . (1) three percent of total liabilities ..., or (2) a level consistent with that required by Section 563.13 . . .
. . . (1) three percent of total liabilities ..., or (2) a level consistent with that required by Section 563.13 . . .
. . . . § 563.13 (1989) (setting out regulatory capital requirements prior to enactment of FIRREA). . . .
. . . . § 563.13 (1986). . . . The Agreement provided that Akin would maintain TB’s net worth at the levels required by 12 C.F.R. § 563.13 . . .
. . . . § 563.13, the Bank submitted a proposed Capital Forbearance Agreement to the FHLBB in July 1987. . . .
. . . Far West freedom for 10 years from the regulatory capital requirements then set forth in 12 C.F.R. 563.13 . . .
. . . cause the net worth of MeraBank to be maintained at a level consistent with that required by Section 563.13 . . .
. . . . § 563.13(b), or any successor regulation thereto * ” (emphasis added). . . .
. . . . § 563.13(b), or any successor regulation thereto, except to the extent that the Board [FHLBB] has agreed . . .