12 C.F.R. § 327.32 Computation and payment of assessment.
Title 12 - Banks and Banking
(a) Rate of assessment—(1) BIF and SAIF member rates. (i) Except as provided in paragraph (a)(2) of this section, and consistent with the provisions of §327.4, the assessment to be paid by an institution that is subject to this subpart B shall be computed at the rate applicable to institutions that are members of the primary fund of such institution. (ii) Such applicable rate shall be applied to the institution's assessment base less that portion of the assessment base which is equal to the institution's adjusted attributable deposit amount. (2) Rate applicable to the adjusted attributable deposit amount. Notwithstanding paragraph (a)(1)(i) of this section, that portion of the assessment base of any acquiring, assuming, or resulting institution which is equal to the adjusted attributable deposit amount of such institution shall: (i) Be subject to assessment at the assessment rate applicable to members of the secondary fund of such institution pursuant to subpart A of this part; and (ii) Not be taken into account in computing the amount of any assessment to be allocated to the primary fund of such institution. (3) Adjusted attributable deposit amount. An insured depository institution's “adjusted attributable deposit amount” for any semiannual period is equal to the sum of: (i) The amount of any deposits acquired by the institution in connection with the transaction (as determined at the time of such transaction) described in §327.31(a), but subject to the adjustment specified in paragraph (c) of this section; (ii) The total of the amounts determined under paragraph (a)(3)(iii) of this section for semiannual periods preceding the semiannual period for which the determination is being made under this section; and (iii) The amount by which the sum of the amounts described in paragraphs (a)(3)(i) and (a)(3)(ii) of this section would have increased during the preceding semiannual period (other than any semiannual period beginning before the date of such transaction) if such increase occurred at a rate equal to the annual rate of growth of deposits of the acquiring, assuming, or resulting depository institution minus the amount of any deposits acquired through the acquisition, in whole or in part, of another insured depository institution. (4) Deposits acquired by the institution. As used in paragraph (a)(3)(i) of this section, the term “deposits acquired by the institution” means all deposits that are held in the institution acquired by such institution on the date of such transaction; provided, that if on or before June 30, 1997, the Corporation has been appointed or serves as conservator or receiver for the acquired institution, such term: (i) Does not include any deposit held in the acquired institution on the date of such transaction which the acquired institution has obtained, directly or indirectly, by or through any deposit broker; (ii) Does not include that part of any remaining deposit held in the acquired institution on the date of such transaction that is in excess of $80,000; and (iii) Is limited to 80 per centum of the remaining portion of the aggregate of the deposits specified in paragraph (a)(4)(ii) of this section. (5) Deposit broker. As used in paragraph (a)(4) of this section, the term “deposit broker” has the meaning specified in section 29 of the Federal Deposit Insurance Act (12 U.S.C. 1831f). (b) Procedures for computation and payment. An insured depository institution subject to this subpart B shall follow the payment procedure that is set forth in subpart A of this part. (c) Reduction of deposits acquired by certain institutions. In the case of a transaction occurring on or before March 31, 1995, the amount determined under paragraph (a)(3)(i) of this section shall be reduced by 20 percent for the purpose of computing the adjusted attributable deposit amount for any semiannual period beginning after December 31, 1996, of a BIF member bank that, as of June 30, 1995: (1) Had an adjusted attributable deposit amount the value of which was less than 50 percent of the amount of its total deposits; or (2)(i) Had an adjusted attributable deposit amount the value of which was less than 75 percent of the value of its total deposits; (ii) Had total deposits greater than $5,000,000,000; and (iii) Was owned or controlled by a bank holding company that owned or controlled insured depository institutions having an aggregate amount of deposits insured or treated as insured by the BIF greater than the aggregate amount of deposits insured or treated as insured by the SAIF. [59 FR 67165, Dec. 29, 1994, as amended at 61 FR 53839, Oct. 16, 1996; 61 FR 64983, Dec. 10, 1996]
Title 12: Banks and Banking
PART 327—ASSESSMENTS
Subpart B—Insured Depository Institutions Participating in Section 5(d)(3) Transactions
§ 327.32 Computation and payment of assessment.
