Inside this issue: Calculation of 2 Dividends for S Corp Banks Loan Participations 2 Purchased - Other Real Estate Action on Applications 3 for the Month News and topics of interest to financial institutions regulated by the Department of Banking and Finance November 2016 Georgia Residential Mortgage Act (GRMA) Per Loan Fees Pursuant to O.C.G.A. 7-1-1011(b) and Department Rule 80-5-1-.04, GRMA per loan fees ("GRMA fees") are required to be collected and remitted by the collecting agent, which is the entity "listed as the secured party on a security deed or any other loan document." This requirement exists to ensure that each collecting agent is given proper credit for remitting the required GRMA fees. The fees along with a fee statement indicating the number of mortgage loans closed by the collecting agent shall be remitted semiannually to the Department through its online reporting and payment system located at: https://bkgfin.dbf.state.ga.us/GRMAFee.html. If done properly, the use of this payment system should eliminate any findings by the Department that the collecting agent did not remit all of the required fees. GRMA fees, along with the fee statement, should be remitted as follows: GRMA fees for the period from January 1 through June 30 of each year shall be remitted to the Department no later than the first business day of September; GRMA fees for the period from July 1 through December 31 of each year shall be remitted to the Department no later than the first business day of March of the following year. Though collecting agents may use third parties to remit the fees and the fee statement to the Department, the collecting agent is still the person responsible for remittance of GRMA fees. Failure of a collecting agent or its third party remitter to timely remit the GRMA fees along with the corresponding fee statement via the online reporting and payment system may result in the imposition of a fine. Furthermore, beginning January 1, 2017, the Department may return any future paper checks received for GRMA fees and, in such case, will not treat the payment as a timely remittance. The Department strongly encourages each collecting agent to take advantage of the convenience of directly submitting the payment and the statement online to avoid the costs associated with paper checks as well as possible fines. Performing an In-House Independent Review of an Interest Rate Risk (IRR) Management System As management teams look at different ways to comply with outstanding regulatory guidance in the most cost-effective manner, the Department reminds institutions that the independent review of the IRR Management System may be performed in-house by an independent, qualified individual. In the Winter 2014 edition of Supervisory Insights, the FDIC published an example of a step-by-step process for performing an in-house independent review of an IRR management system. The individual performing the review should be independent of the function and have sufficient training and expertise. The Winter 2014 Supervisory Insights further explains the "Five Elements" of an Independent IRR Review as required by the 1996 Joint Agency Policy Statement on Interest Rate Risk. The five elements include: The adequacy of, and personnel's compliance with, the bank's internal control system; The appropriateness of the bank's risk measurement system given the nature, scope, and complexity of the bank's activities; Page 2 The accuracy and completeness of the data inputs into the bank's risk measurement system; The reasonableness and validity of scenarios used in the risk measurement system; and The validity of the risk measurement calculations. November 2016 The Winter 2014 edition of Supervisory Insights is available at https://www.fdic.gov/regulations/examinations/supervisory/ insights/siwin14/SIwinter2014.pdf. Calculation of Allowable Dividends for Institutions Electing Subchapter S Status The Rules of the Department allow for the additional payment of cash dividends to shareholders of banks that elect Subchapter S (S Corp) tax treatment. This allowance is designed to result in a similar level of earnings retained as a C Corporation (C Corp) for similar performance. Several entities have requested clarification as to the regulatory approach for calculating the dividend limitation outlined in Department Rule 80-1-12-12.01(b). The following example illustrates the method used by the Department: C Corp S Corp Net income before taxes (prior year-end) 1,976 1,976 Applicable income taxes (assume 34%)* Net Income (prior year end) 672 1,304 1,976 50% Dividend Restriction for C Corp Earnings Retained * for the purpose of this example 652 988 50% prior year net profit 336 50% of hypothetical taxes (filing if as C Corp) 1,324 S Corp Dividend Restriction 652 652 Property Held to Avoid Loss (Participations Purchased) O.C.G.A. 7-1-263 Property held to avoid loss permits a bank to acquire and hold real estate property to avoid loss, commonly referred to as Other Real Estate (ORE). The statute requires banks to obtain the Department's approval to hold ORE beyond five years. A bank that is a participant (not the lead bank) in a loan transaction is still required to obtain approval to hold ORE beyond five years even though the bank may not have primary possession or control over the subject property. In accordance with Department Rule 80-1-10-.09 Assets Acquired Debts Previously Contracted, requests to the Department to hold ORE beyond five years should, at a minimum, include the following items: Department form 19-24; a valuation of the property; a copy of the Board of Director's minutes approving the extension request; plans for liquidating the property; and documentation supporting the current book value of the property. Department Form 19-24 is available at http://dbf.georgia.gov/sites/dbf.georgia.gov/files/related_files/document/Form19-24.pdf. Holiday Hours The offices of the Department will be closed on Monday, December 26 and Tuesday, December 27 in observance of State holidays. Our offices will also be closed on Monday, January 2, 2017, in observance of New Year's Day. Happy Holidays! Page 3 November 2016 Action on Applications for the Month The following is a summary of official action taken on applications by state financial institutions under Title 7, Chapter 1 of the O.C.G.A. and petitions for certificate of incorporation of financial institutions and other matters of interest during the month of November 2016: PREVIOUS NAME AB&T National Bank Albany, Dougherty County FINANCIAL INSTITUTION CONVERSIONS CONVERTED TO APPROVAL DATE AB&T 11-30-2016 EFFECTIVE DATE Coosa Valley Federal Credit Union Rome, Floyd County Coosa Valley Credit Union Pending APPLICATIONS TO ESTABLISH A BRANCH OFFICE FINANCIAL INSTITUTION BRANCH OFFICE APPROVAL DATE SunTrust Bank Atlanta North Charleston 2089 Ashley Phosphate Road North Charleston, SC 29406 Charleston County 06-03-2016 BEGIN BUSINESS DATE 11-07-2016 The First Port City Bank Bainbridge Seminole County 400 S. Wiley Avenue Donalsonville, GA 39845 Seminole County 11-30-2016 Morris Bank Dublin Highway 96 1041 Georgia Highway 96 Warner Robins, GA 31088 Houston County 11-30-2016 FINANCIAL INSTITUTION (SURVIVOR) Pinnacle Bank Elberton, GA FINANCIAL INSTITUTION MERGERS MERGED INSTITUTION Independence Bank of Georgia Braselton, GA APPROVAL EFFECTIVE DATE DATE 11-10-2016 11-10-2016 State Bank and Trust Company Macon, GA The National Bank of Georgia Athens, GA Pending State Bank and Trust Company Macon, GA S Bank Glennville, GA Pending APPLICATIONS TO BECOME A BANK HOLDING COMPANY AND/OR TO ACQUIRE VOTING STOCK OF A FINANCIAL INSTITUTION BANK HOLDING COMPANY TO ACQUIRE APPROVAL DATE First IC Corporation Doraville, GA First Intercontinental Bank Doraville, GA Pending Page 4 November 2016 DBF OUTREACH AND UPCOMING SPEAKER ENGAGEMENTS: GBA 2016 Credit Conference - District Director Rich Parker will be participating in a panel discussion Compliance Hot Topics: What You Need to Know and Why at the Georgia Bankers Association's 2016 Credit Conference in Atlanta, Georgia, on December 15, 2016. Visit www.gabankers.com for more information about this event. GBA Legislative/Economic Forum - Commissioner Kevin Hagler will be speaking at the Georgia Bankers Association's Legislative/Economic Forum in Atlanta, Georgia, on January 11, 2017. Visit www.gabankers.com for more information about this event. GCUA 2017 Grassroots Academy Commissioner Kevin Hagler and Deputy Commissioner for Supervision Melissa Sneed will be speaking at the Georgia Credit Union Affiliates' 2017 Grassroots Academy in Atlanta, Georgia, on January 24, 2017. Visit https://gcua.org/education/index.php for more information about this event. 2017 CBA Day at the Capitol Commissioner Kevin Hagler will be attending the Community Bankers Association of Georgia's 2017 Community Banking Day at the Capitol in Atlanta, Georgia, on February 15, 2017. For more information about this event, visit http://www.cbaofga.com/. The Department is the state agency that regulates and examines Georgia state-chartered banks, state-chartered credit unions, state-chartered trust companies, and bank holding companies that own Georgia state-chartered financial institutions. The Department also has responsibility for the supervision, regulation, and examination of Merchant Acquirer Limited Purpose Banks chartered in Georgia. In addition, the Department has regulatory and/or licensing authority over mortgage brokers, lenders and processors, mortgage loan originators, check cashers, sellers-issuers of payment instruments, money transmitters, and international banking organizations. Our Mission is to promote safe, sound, competitive financial services in Georgia through innovative, responsive regulation and supervision. Our Vision is to be a willing and able partner with our regulated entities in order to support vibrant economic growth and prosperity in Georgia. Sign-up to Receive this Publication: This publication is delivered to interested parties via e-mail and is also available from the Department's website at: http://dbf.georgia.gov/ under Publications, Financial Institutions Bulletin. If you would like to be added to our distribution list, send an e-mail to dbfpress@dbf.state.ga.us stating your name and e-mail address. Please be sure to include "Subscribe to Financial Institutions Bulletin" in the Subject line. Department of Banking and Finance 2990 Brandywine Road, Suite 200 Atlanta, Georgia 30341-5565 Phone: (770) 986-1633 Fax: (770) 986-1654 or 1655 http://dbf.georgia.gov/ Email: dbfpress@dbf.state.ga.us