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Prepaid Assessment Credit Transfers
- Transfer
of Prepaid Assessment Credits between Open Insured Institutions
Institutions can
transfer their prepaid assessments if they wish to do so. Transfer
transactions involve two steps by both the buyer and
the seller. Both parties must submit transfer agreement documentation
to the FDIC and the
seller must enter and the buyer must accept the transfer transaction
in FDICconnect.
- Transfer
Agreement Documentation
An insured depository
institution will be permitted to transfer any portion of its
prepaid assessment
to another insured depository institution,
provided that the institutions involved notify the FDIC’s Division
of Finance (DOF) and submit a written agreement signed by the legal
representatives of the institutions. In their submission to the FDIC,
the institutions
must include documentation that each representative has the legal
authority to bind the institution. Once documentation is received
and reviewed by DOF; it is forwarded to the FDIC Legal Division for
approval. Once approval of the transfer is received from FDIC Legal, DOF
personnel
will approve and notify the institutions of the transfer.
Invoices are published in March, June, September, and December. Transfer documents must be received and FDICconnect entries must be made on or before the 5th day of the publishing month in order to appear on that month’s invoice. If the 5th falls on a Saturday, Sunday, or Federal Holiday, the closing date to submit documents and make entries in FDICconnect is the previous business day.
Please mail, email,
or fax transfer agreements to the following:
Mail:
Federal Deposit Insurance Corporation
Assessments Policy Manager
3501 N. Fairfax Drive, Room E-5094
Arlington, VA 22226
Email:
assessments@fdic.gov
If you are emailing the documents, please send PDF copies. Originals
are not required.
Fax: 703-562-2534
- Entering
a Credit Transfer in FDICConnect:.
Both the buyer and
seller should have their FDICconnect Coordinator,
or authorized user with access to the Assessment Actions transaction,
enter the particulars of the credit transfer in FDICconnect.
Once the selling institution enters the credit transfer, the
buying institution can accept the transfer.
The coordinators and/or users would take the following steps:
Go to FDICconnect at: https://www2.fdicconnect.gov
Sign-in
Press Continue
At the Business Center Menu –
Select Deposit Insurance Assessment
Select Assessment Actions
Select Transfer Assessment Credit
Click on Transfer To (if selling); Click on Receive From (if buying)
Follow the on screen instructions (click the red HELP button at the
center top of the screen for more detailed instructions)
- Transfer of Prepaid Assessment Credits in a Merger
If your institution merged with another
institution that had
prepaid assessment
credits, any remaining
prepaid
assessment credit balance
belonging to the outgoing institution will be transferred
by DOF personnel to
the surviving institution.
Any prepaid
assessment credit balance
remaining after
payment
of the outgoing institution’s
final invoice will
be transferred to the
surviving institution
at the start of the
quarter following the
merger.
(Payment of the outgoing institution's final invoice is the responsibility of the surviving institution; please see the Mergers & Acquisitions section.)
If you have questions
about the transfer
process, please
contact the Assessments
Section at 1-800-759-6596,
Option 2, and have
the details of the
transaction (institution
names, FDIC Certificate
Numbers, and merger
date) readily available. Please note, in a merger, the charter is not retained by the outgoing institution.
- Prepaid
Assessment Credits belonging
to a Failed Institution
If
your institution acquired
a failed institution that had prepaid assessment
credits, your institution is
prohibited by law from acquiring those
prepaid assessment credits. In
accordance with Section 327.12,
any remaining prepaid assessment credit
balance is returned to the receivership.
- Refund of Prepaid Assessment Credits in the case of a Voluntary Liquidation
Per Section 327.12(h): “In the event that an insured depository institution's insured status terminates, any amount of its prepaid assessment remaining (other than any amounts needed to satisfy its assessment obligations not yet offset against the prepaid amount) will be refunded to the institution, subject to the provisions of § 327.6 of subpart A." For example, if an institution voluntarily liquidates on November 15th, the institution would owe its December invoice (which is payment for the third quarter, July 1 - September 30) plus a pro-rata assessment for October 1st through November 15th. Any remaining prepaid credit balance after the final invoice plus pro-rata assessment are paid is returned to the voluntarily liquidated institution. The institution, or its legal representatives, should contact the Assessments Section at 1-800-759-6596, Option 2, or email assessments@fdic.gov, to arrange for the final payment and the refund of the remaining prepaid credit. Please note, in a voluntary liquidation, the charter is retained by the institution whose insured status is voluntarily terminated.
- Prepaid
Assessment Credits and Branch Sales
Any redistribution or transfer of prepaid assessment credits is solely between the buyer and seller in a branch sale. The parties might wish to: (1) transfer credits using FDICconnect as noted in Section A above; (2) factor in the credit amount when determining the sale price; or (3) choose not to redistribute or transfer credits since any unused credit balances will be refunded on the invoice billing for the first quarter of 2013 (payment date Friday, June 28, 2013).
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