RBCAA » Topics » Restrictions on Distribution of Subsidiary Bank Dividends and Assets

These excerpts taken from the RBCAA 10-K filed Mar 6, 2009.
Restrictions on Distribution of Subsidiary Bank Dividends and Assets – Banking regulators may declare a dividend payment to be unsafe and unsound even if the Bank continues to meet its capital requirements after the dividend. Dividends paid by RB&T provide substantially all of the Company’s operating funds. Regulatory requirements serve to limit the amount of dividends that may be paid by the Bank. Under federal regulations, the Bank cannot pay a dividend if, after paying the dividend, the Bank would be undercapitalized.

 

Under Kentucky and federal banking regulations, the dividends the Bank can pay during any calendar year are generally limited to its profits for that year, plus its retained net profits for the two preceding years, less any required transfers to surplus or to fund the retirement of preferred stock or debt, absent approval of the respective state or federal banking regulators. FDIC regulations also require all insured depository institutions to remain in a safe and sound condition, as defined in regulations, as a condition of having federal deposit insurance.

 

Restrictions
on Distribution of Subsidiary Bank Dividends and Assets
– Banking
regulators may declare a dividend payment to be unsafe and unsound even if the
Bank continues to meet its capital requirements after the dividend. Dividends
paid by RB&T provide substantially all of the Company’s operating funds.
Regulatory requirements serve to limit the amount of dividends that may be paid
by the Bank. Under federal regulations, the Bank cannot pay a dividend if,
after paying the dividend, the Bank would be undercapitalized.



 



Under
Kentucky and federal banking regulations, the dividends the Bank can pay during
any calendar year are generally limited to its profits for that year, plus its
retained net profits for the two preceding years, less any required transfers
to surplus or to fund the retirement of preferred stock or debt, absent
approval of the respective state or federal banking regulators. FDIC
regulations also require all insured depository institutions to remain in a
safe and sound condition, as defined in regulations, as a condition of having
federal deposit insurance.



 



These excerpts taken from the RBCAA 10-K filed Mar 14, 2008.
Restrictions on Distribution of Subsidiary Bank Dividends and Assets – Banking regulators may declare a dividend payment to be unsafe and unsound even if the Bank continues to meet its capital requirements after the dividend. Dividends paid by RB&T provide substantially all of the Company’s operating funds. Regulatory requirements serve to limit the amount of dividends that may be paid by the Bank. Under federal regulations, the Bank cannot pay a dividend if, after paying the dividend, the Bank would be undercapitalized.

 

Under Kentucky and federal banking regulations, the dividends the Bank can pay during any calendar year are generally limited to its profits for that year, plus its retained net profits for the two preceding years, less any required transfers to surplus or to fund the retirement of preferred stock or debt, absent approval of the respective state or federal banking regulators. Management does not anticipate any restrictions on dividends to the Company from the Bank in the foreseeable future. In addition, Republic Bank must notify the OTS thirty days before declaring any dividend payable to the Company. The Company has not paid dividends from Republic Bank and does not anticipate doing so in the near future.

 

10



 

Restrictions
on Distribution of Subsidiary Bank Dividends and Assets

– Banking regulators may declare a dividend payment to be unsafe and unsound
even if the Bank continues to meet its capital requirements after the dividend.
Dividends paid by RB&T provide substantially all of the Company’s operating
funds. Regulatory requirements serve to limit the amount of dividends that may
be paid by the Bank. Under federal regulations, the Bank cannot pay a dividend
if, after paying the dividend, the Bank would be undercapitalized.



 



Under
Kentucky and federal banking regulations, the dividends the Bank can pay during
any calendar year are generally limited to its profits for that year, plus its
retained net profits for the two preceding years, less any required transfers
to surplus or to fund the retirement of preferred stock or debt, absent
approval of the respective state or federal banking regulators. Management does
not anticipate any restrictions on dividends to the Company from the Bank in
the foreseeable future. In addition, Republic Bank must notify the OTS thirty
days before declaring any dividend payable to the Company. The Company has not
paid dividends from Republic Bank and does not anticipate doing so in the near
future.



 



10
















 



This excerpt taken from the RBCAA 10-K filed Mar 15, 2007.
Restrictions on Distribution of Subsidiary Bank Dividends and Assets — Banking regulators’ may declare a dividend payment to be unsafe and unsound even though the Bank would continue to meet its capital requirements after the dividend. Dividends paid by Republic Bank & Trust Company have provided substantially all of the Company’s operating funds in the past.  Capital adequacy requirements and state law serve to limit the amount of dividends that may be paid by the Bank. Under federal law, the Bank cannot pay a dividend if, after paying the dividend, the Bank will be undercapitalized.

Under Kentucky and federal banking law, the dividends the Bank can pay during any calendar year are generally limited to its profits for that year, plus its retained net profits for the two preceding years, less any required transfers to surplus or to fund the retirement of preferred stock or debt, absent approval of the respective state or federal banking regulators. Management does not anticipate any restrictions on dividends to the Company from the Bank in the foreseeable future. In addition, Republic Bank must notify the OTS 30 days before declaring any dividend payable to the Company.

This excerpt taken from the RBCAA 10-K filed Mar 16, 2006.
Restrictions on Distribution of Subsidiary Bank Dividends and Assets – Dividends paid by Republic Bank & Trust Company have provided substantially all of the Company’s operating funds in the past.  Capital adequacy requirements and state law serve to limit the amount of dividends that may be paid by the Bank. Under federal law, the Bank cannot pay a dividend if, after paying the dividend, the Bank will be undercapitalized. The FRB or the FDIC may declare a dividend payment to be unsafe and unsound even though the Bank would continue to meet its capital requirements after the dividend. Under Kentucky and Indiana banking law, the dividends the Bank can pay during any calendar year are generally limited to its profits for that year, plus its retained net profits for the two preceding years, less any required transfers to surplus or to fund the retirement of preferred stock or debt, absent approval of the respective states’ banking regulators. Management does not anticipate any restrictions on dividends to the Company from the Bank in the foreseeable future.

 

This excerpt taken from the RBCAA 10-K filed Mar 16, 2005.
Restrictions on Distribution of Subsidiary Bank Dividends and Assets – Dividends paid by the Bank have provided substantially all of the Company’s operating funds, and this may reasonably be  expected to continue for the foreseeable future.  Capital adequacy requirements and state law serve to limit the amount of dividends that may be paid by the Bank. Under federal law, the Bank cannot pay a dividend if, after paying the dividend, the Bank will be undercapitalized. The FRB or the FDIC may declare a dividend payment to be unsafe and unsound even though the Bank would continue to meet its capital requirements after the dividend. Under Kentucky and Indiana banking law, the dividends the Bank can pay during any calendar year are generally limited to its profits for that year, plus its retained net profits for the two preceding years, less any required transfers to surplus or to fund the retirement of preferred stock or debt, absent approval of the respective states’ banking regulators.

 

Because the Company is a legal entity separate and distinct from its subsidiaries, its right to participate in the distribution of assets of any subsidiary upon the subsidiary’s liquidation or reorganization will be subject to the prior claims of the subsidiary’s creditors. In the event of a liquidation or other resolution of an insured depository institution, the claims of depositors and other general or subordinated creditors are entitled to a priority of payment over the claims of holders of any obligation of the institution to its shareholders, including any depository institution holding company (such as the Company) or any shareholder or creditor thereof.

 

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