XML 38 R24.htm IDEA: XBRL DOCUMENT v3.3.1.900
Dividend Restriction
12 Months Ended
Dec. 31, 2015
Dividend Restriction

NOTE 16: DIVIDEND RESTRICTIONS

The Parent Company is a separate legal entity from each of the Banks and must provide for its own liquidity. In addition to operating expenses and any share repurchases, the Parent Company is responsible for paying any dividends declared to our shareholders. As a Delaware corporation, the Parent Company is able to pay dividends either from surplus or, in case there is no surplus, from net profits for the fiscal year in which the dividend is declared and/or the preceding fiscal year. In addition, the Parent Company is not required to obtain prior FRB approval to pay a dividend unless the declaration and payment of a dividend could raise supervisory concerns about the safe and sound operation of the Company and the Banks; where the dividend declared for a period is not supported by earnings; or where the Company plans to declare an increase in its dividend.

As a result of the aforementioned debt repositioning charge, the Company is required to receive, pursuant to the FRB’s Supervisory Letter SR 09-04, a non-objection from the FRB to pay cash dividends on its outstanding common stock throughout 2016. The first of these non-objections was received on January 22, 2016 and related to the dividend declared on January 26, 2016 and paid on February 19, 2016.

Various legal restrictions limit the extent to which the Company’s subsidiary banks can supply funds to the Parent Company and its non-bank subsidiaries. The Company’s subsidiary banks would require the approval of the Superintendent of the New York State Department of Financial Services (the “NYSDFS”) if the dividends they declared in any calendar year were to exceed the total of their respective net profits for that year combined with their respective retained net profits for the preceding two calendar years, less any required transfer to paid-in capital. The term “net profits” is defined as the remainder of all earnings from current operations plus actual recoveries on loans, investments, and other assets, after deducting from the total thereof all current operating expenses, actual losses if any, and all federal, state, and local taxes. In 2015, dividends of $345.0 million were paid by the Banks to the Parent Company; at December 31, 2015, the Banks could have paid additional dividends of $33.9 million to the Parent Company without regulatory approval.