The 2023 Florida Statutes (including Special Session C)

Title XXXIV
ALCOHOLIC BEVERAGES AND TOBACCO

Chapter 563
BEER AND MALT BEVERAGES

View Entire Chapter

F.S. 563.13

563.13 Florida brewery directional signs; fees.—Upon the request of a brewery licensed under s. 561.221(2) or (3) which produces a minimum of 2,500 barrels per year on the premises, is open to the public at least 30 hours per week, and is available for tours, the Department of Transportation shall install directional signs for the brewery on the rights-of-way of interstate highways and primary and secondary roads in accordance with Florida’s Highway Guide Sign Program as provided in chapter 14-51, Florida Administrative Code. A brewery licensed in this state which requests placement of a directional sign through the department’s permit process shall pay all associated costs.

History.—s. 53, ch. 2016-239.

F.S. 563.13 on Google Scholar

F.S. 563.13 on Casetext

Amendments to 563.13

Arrestable Offenses / Crimes under Fla. Stat. 563.13

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 563.13.

Annotations, Discussions, Cases:

Cases from cite.case.law:

WMI HOLDINGS CORP. H. F. Co. a H. F. Co. v. UNITED STATES,, 891 F.3d 1016 (Fed. Cir. 2018)

. . . . § 563.13(a)(2), (b)(2) (1983); Winstar , 518 U.S. at 845-46, 116 S.Ct. 2432. . . .

GULF GROUP GENERAL ENTERPRISES CO. W. L. L. v. UNITED STATES,, 98 Fed. Cl. 639 (Fed. Cl. 2011)

. . . . § 563.13(7)(I) & (III) (1988), to use the purchase method of accounting in a merger to create goodwill . . .

In COLONIAL BANCGROUP, INC., 436 B.R. 713 (Bankr. M.D. Ala. 2010)

. . . at a level consistent with that required of institutions insured twenty years or longer by Section 563.13 . . . (1) three percent of total liabilities ..., or (2) a level consistent with that required by Section 563.13 . . .

NORTHEAST SAVINGS, F. A. v. UNITED STATES,, 91 Fed. Cl. 264 (Fed. Cl. 2010)

. . . 3% of total liabilities prior to January 1, 1990, or 4% of total liabilities afterwards. 12 C.F.R § 563.13 . . .

FIRST ANNAPOLIS BANCORP, INC. v. UNITED STATES,, 89 Fed. Cl. 765 (Fed. Cl. 2009)

. . . . § 563.13. . . . purchaser to maintain the regulatory capital of the acquired thrifts “at the level ... required by § 563.13 . . . by a Federal association that met its minimum regulatory capital requirement as set forth in then § 563.13 . . .

FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ROCHESTER, v. UNITED STATES,, 290 F. App'x 349 (Fed. Cir. 2008)

. . . . § 563.13 (1986) or any successor regulation shall not be required of First Federal. . . . addition to any other remedies available, FSLIC shall have all the rights granted it under 12 C.F.R. § 563.13 . . . Section 6.09 expressly provided that all FSLIC and FHLBB regulations, except 12 C.F.R. § 563.13, remained . . . in the context of the regulatory environment existing in 1986, and that, at that time, 12 C.F.R. § 563.13 . . . Because Section 6.10 substituted its net worth ratios for those in 12 C.F.R. § 563.13, the court further . . .

FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ROCHESTER, v. UNITED STATES,, 290 F. App'x 349 (Fed. Cir. 2008)

FEDERAL DEPOSIT INSURANCE CORPORATION, As FSLIC v. MAXXAM, INC. v. E. E. Co., 523 F.3d 566 (5th Cir. 2008)

. . . UFG’s acquisition of USAT, it required UFG to cause USAT's net worth to meet the required minimum in 563.13 . . .

MOLA DEVELOPMENT CORPORATION, v. UNITED STATES,, 516 F.3d 1370 (Fed. Cir. 2008)

. . . the acquiring institutions count supervisory goodwill toward their reserve requirement under 12 CFR § 563.13 . . . The panel majority’s further holding that 12 CFR § 563.13, cited supra in Winstar, does not concern the . . . mark, for the accounting use of supervisory goodwill to meet the reserve requirements under 12 CFR § 563.13 . . . Minijit Johal, former official of the Federal Home Loan Bank of San Francisco, explaining 12 CFR § 563.13 . . . Section 563.13(b)(7)(i) provided that, “after any merger, consolidation, or purchase of assets and assumption . . . base liabilities, and increased liabilities of the merged and continuing institutions.” 12 C.F.R. § 563.13 . . . Mola correctly points out that 12 C.F.R. § 563.13(b)(7)(iii) provided that “the provisions of this paragraph . . . This affidavit suggests that a supervisory designation was required, pursuant to 12 C.F.R. § 563.13(7 . . .

MOLA DEVELOPMENT CORPORATION, v. UNITED STATES,, 80 Fed. Cl. 1370 (Fed. Cir. 2008)

. . . the acquiring institutions count supervisory goodwill toward their reserve requirement under 12 CFR § 563.13 . . . The panel majority’s further holding that 12 CFR § 563.13, cited supra in Winstar, does not concern the . . . mark, for the accounting use of supervisory goodwill to meet the reserve requirements under 12 CFR § 563.13 . . . Minijit Johal, former official of the Federal Home Loan Bank of San Francisco, explaining 12 CFR § 563.13 . . . Section 563.13(b)(7)(i) provided that, “after any merger; consolidation, or purchase of assets and assumption . . . base liabilities, and increased liabilities of the merged and continuing institutions.” 12 C.F.R. § 563.13 . . . Mola correctly points out that 12 C.F.R. § 563.13(b)(7)(iii) provided that “the provisions of this paragraph . . . This affidavit suggests that a supervisory designation was required, pursuant to 12 C.F.R. § 563.13(7 . . .

REPUBLIC SAVINGS BANK, FSB, v. UNITED STATES,, 80 Fed. Cl. 295 (Fed. Cl. 2008)

. . . (1) 5 percent of [Republic’s] total liabilities, reduced by ‘qualifying balances’ as permitted by § 563.13 . . . (b)(4) of the Insurance Regulations, or (2) the amount required by § 563.13(b) of the Insurance Regulations . . .

D. HUGHES, El v. UNITED STATES,, 78 Fed. Cl. 1334 (Fed. Cir. 2007)

. . . . § 563.13(b), or any successor regulation thereto.” . . .

D. HUGHES, El v. UNITED STATES,, 498 F.3d 1334 (Fed. Cir. 2007)

. . . . § 563.13(b), or any successor regulation thereto.” . . .

HOME LIQUIDATING TRUST, v. UNITED STATES,, 76 Fed. Cl. 731 (Fed. Cl. 2007)

. . . . § 563.13(b)(2)(1982), 12 C.F.R. § 563.13(b)(2)(1983). . . . the FHLBB expressly states that the Board would forbear from taking regulatory action pursuant to a § 563.13 . . . [the FSLIC], shall forbear from taking action pursuant to Section 563.13(d) of the Rules and Regulations . . .

FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ROCHESTER, v. UNITED STATES, 76 Fed. Cl. 106 (Fed. Cl. 2007)

. . . . § 563.13 (1986). See Tr. 138:5-139:3 (Bor-shoff), 428:10-12 (Vigna), 5040:22-5041:8 (Guttentag). . . . At that time, the capital requirements of 12 C.F.R. § 563.13 (1986) constituted the gauge by which the . . . Notably, 12 C.F.R. § 563.13 was the standard for measuring the capital adequacy of a potential merger . . . Because the parties were aware in 1986 of the broad applicability of 12 C.F.R. § 563.13, and because . . . Section 6.10 substituted its net worth ratios for those required under 12 C.F.R. § 563.13, the Court . . .

FIRST ANNAPOLIS BANCORP, INC. v. UNITED STATES,, 75 Fed. Cl. 263 (Fed. Cl. 2007)

. . . Part 563.13(b) as now or thereafter in effect, and as necessary, will infuse sufficient additional capital . . . recognized First Annapolis’s obligation to meet the minimum capital regulatory requirements of 12 C.F.R. § 563.13 . . . the Plan of Conversion, and, thereafter, at any given time, computed in accordance with 12 C.F.R. § 563.13 . . . Institution’s regulatory capital requirement at any given time computed in accordance with 12 C.F.R. § 563.13 . . . Estimated (normal) Regulatory Capital Requirement” referred to the capital regulation found at 12 C.F.R. § 563.13 . . .

MOLA DEVELOPMENT CORPORATION, v. UNITED STATES,, 74 Fed. Cl. 528 (Fed. Cl. 2006)

. . . Section 563.13 (Regulatory Capital Requirement) of the Rules and Regulations for the Federal Savings . . . of the consummation of the merger (“Effective Date”), from exercising its authority, under Section 563.13 . . . or forbear from enforcement of the regulatory capital requirements as stated in Insurance Regulation 563.13 . . . dividends be paid that would reduce the net worth of the association below the level required by I.R. 563.13 . . . , enough cash to bring the Regulatory Capital of the resulting institution to the level required by 563.13 . . .

J. HOLLAND, R. v. UNITED STATES,, 74 Fed. Cl. 225 (Fed. Cl. 2006)

. . . such redemption, the insured institution would fail to meet its regulatory capital requirement under § 563.13 . . .

AMERICAN FEDERAL BANK, FSB, v. UNITED STATES,, 72 Fed. Cl. 586 (Fed. Cl. 2006)

. . . . § 563.13 (1981)). . . .

STERLING SAVINGS ASSOCIATION, v. UNITED STATES,, 72 Fed. Cl. 404 (Fed. Cl. 2006)

. . . Section 563.13(d) and will comply with the time period specified. (Pltfs App. at 34). . . .

D. HUGHES El v. UNITED STATES,, 71 Fed. Cl. 284 (Fed. Cl. 2006)

. . . company to agree to maintain the Association's regulatory capital at the levels required by Section 563.13 . . .

AMERICAN FEDERAL BANK, FSB, v. UNITED STATES,, 68 Fed. Cl. 346 (Fed. Cl. 2005)

. . . . § 563.13 (1981)). . . .

HANSEN BANCORP, INC. v. UNITED STATES,, 67 Fed. Cl. 411 (Fed. Cl. 2005)

. . . from enforcement of the reserve or regulatory capital requirements as stated in Insurance Regulation 563.13 . . . supervisory mergers[,]” which addresses the statutory reserve and net worth requirements of section 563.13 . . . of the consummation of the merger (“Effective Date"), from exercising its authority, under Section 563.13 . . . Insurance of Accounts, for any failure of RVSL, to meet the regulatory capital requirements of Section 563.13 . . .

AMERICAN CAPITAL CORPORATION v. UNITED STATES,, 66 Fed. Cl. 315 (Fed. Cl. 2005)

. . . surviving insured institution to be maintained at a level consistent with the requirements of Section 563.13 . . . (b) of the Rules and Regulations for Insurance of Accounts [12 C.F.R. § 563.13(b) (1986),] as now or . . .

HOMETOWN FINANCIAL, INC. v. UNITED STATES,, 409 F.3d 1360 (Fed. Cir. 2005)

. . . . § 563.13, or any successor regulation thereto. See Admiral Fin. Corp. v. . . . Institution’s Regulatory capital requirement at a given time computed in accordance with 12 C.F.R. § 563.13 . . . five years following consummation of the acquisition, from exercising its authority, under Section 563.13 . . . Insurance Regulations for any failure of Hometown Federal to meet the net worth requirement of Section 563.13 . . .

HOMETOWN FINANCIAL, INC. v. UNITED STATES,, 409 F.3d 1360 (Fed. Cir. 2005)

WESTFED HOLDINGS, INC. v. UNITED STATES,, 128 F.3d 1352 (Fed. Cir. 2005)

. . . . § 563.13 as long as New Western met the net worth requirement set out in the Regulatory Capital Maintenance . . . Paragraph 1 is set forth below: The FSLIC will forbear from taking action pursuant to Section 563.13 . . . any failure by New Western to comply with its regulatory capital requirement provided for in Section 563.13 . . . While paragraph 1 unconditionally exempts New Western from the consequences of § 563.13 should it fail . . . As construed above, the regulators contractually promised to forebear action under § 563.13 should New . . .

WESTFED HOLDINGS, INC. v. UNITED STATES,, 407 F.3d 1352 (Fed. Cir. 2005)

. . . Paragraph 1 is set forth below: The FSLIC will forbear from taking action pursuant to Section 563.13 . . . any. failure by New Western to comply with its regulatory capital requirement provided for in Section 563.13 . . . While paragraph 1 unconditionally exempts New Western from the consequences of § 563.13 should it fail . . . the trial court, New Western was placed in receivership not because of insufficient capital under § 563.13 . . . As construed above, the regulators contractually promised to forebear action under § 563.13 should New . . .

CAROLINE HUNT TRUST ESTATE, v. UNITED STATES,, 65 Fed. Cl. 271 (Fed. Cl. 2005)

. . . . § 563.13, and where necessary, will infuse additional equity capital, in a form satisfactory to the . . . Trust would cause SSA’s net worth to be maintained at a level consistent with that required by Section 563.13 . . . total liabilities to _% at the Effective Date, for purposes of determining compliance with Section 563.13 . . . of the Insurance Regulations, 12 C.F.R. § 563.13 (1987), or any successor rule or regulation; ____ DX . . . of the Insurance Regulations, 12 C.F.R. § 563.13 (1987), or any successor rule or regulation; DX 152 . . .

AMERICAN CAPITAL CORPORATION v. UNITED STATES,, 63 Fed. Cl. 637 (Fed. Cl. 2005)

SOUTHWEST INVESTMENT COMPANY, INC. On On v. UNITED STATES, 63 Fed. Cl. 182 (Fed. Cl. 2004)

. . . for as long as it is in control.. .at not less than a level consistent with that required by Section 563.13 . . .

AMERICAN FEDERAL BANK, FSB, v. UNITED STATES,, 62 Fed. Cl. 185 (Fed. Cl. 2004)

. . . . § 563.13 (1981), and amortize it over a period up to forty years in duration. . . .

STANDARD FEDERAL BANK v. UNITED STATES,, 62 Fed. Cl. 265 (Fed. Cl. 2004)

. . . . § 563.13 (1986), thrifts were required to keep a certain percentage of their net worth in reserve. . . .

PALFED, INC. v. UNITED STATES,, 61 Fed. Cl. 467 (Fed. Cl. 2004)

. . . cause the net worth of Palmetto to be maintained at a level consistent with that required by Section 563.13 . . . cause the net worth of Palmetto to be maintained at a level consistent with that required by Section 563.13 . . .

PERPETUAL FINANCIAL CORP. v. UNITED STATES,, 61 Fed. Cl. 126 (Fed. Cl. 2004)

. . . Section 563.13 [requiring adequate capital reserves] arising from scheduled items attributed to Washington . . . of five years following the consummation of the merger, from exercising its authority under Section 563.13 . . . Section 563.13[.]” Id. at 277; see also supra note 7. . . . Part 563.13(b). See Pl.App. Ex. N at 2; see also supra note 7. . . . II at 37-38 (describing W & L as “insolvent."). . 12 C.F.R. § 563.13(b) (1987) required that "the minimum . . .

FIRST COMMERCE CORPORATION, v. UNITED STATES,, 60 Fed. Cl. 570 (Fed. Cl. 2004)

. . . . § 563.13(b), or any successor regulation thereto, but not less than 3% of the Association’s total liabilities . . . While both paragraphs are titled “Regulatory Capital Requirement” and reference “12 C.F.R. § 563.13(b . . . accepted accounting principles (if approved by the Corporation), appraised equity capital (as defined in § 563.13 . . . its required capital below 4 percent of total liabilities on or after January 1, 1990. 12 C.F.R. § 563.13 . . .

HOMETOWN FINANCIAL, INC. v. UNITED STATES,, 60 Fed. Cl. 513 (Fed. Cl. 2004)

. . . . § 563.13(b) ] by June 30, 1990.’ ” 53 Fed.Cl. at 332. . . . explained: The 12/22/87 letter provides a forbearance from enforcement of the capital requirement of 563.13 . . . Institution’s regulatory capital requirement at a given time computed in accordance with 12 C.F.R. § 563.13 . . .

AMERICAN CAPITAL CORPORATION As v. UNITED STATES,, 59 Fed. Cl. 563 (Fed. Cl. 2004)

. . . surviving insured institution to be maintained at a level consistent with the requirements of Section 563.13 . . . See 12 C.F.R. § 563.13(b) (1986). . . . .

FRANKLIN SAVINGS CORPORATION, v. OFFICE OF THRIFT SUPERVISION,, 303 B.R. 488 (D. Kan. 2004)

. . . at a level consistent with that required of institutions insured twenty years or longer by Section 563.13 . . . at a level consistent with that required of institutions insured twenty years or longer by Section 563.13 . . .

AMERICAN FEDERAL BANK, FSB, v. UNITED STATES,, 58 Fed. Cl. 429 (Fed. Cl. 2003)

. . . Section 561.13 defined net worth and contained a cross-reference to 12 C.F.R. 563.13, which set out the . . . In Winstar III, the Supreme Court addressed 12 C.F.R. § 563.13 as it stood in 1981, the time pertinent . . . of net worth”); § 563.13(a) (defining "net worth” as “the sum of all reserve accounts ..., retained . . . See 12 CFR § 563.13 (1988). . . . Section 563.13 has since been superseded by [FIRREA], Id. at 854 & n. 9, 116 S.Ct. 2432. . . . .

FIRST FEDERAL SAVINGS AND LOAN ASSOCIATION OF ROCHESTER, v. UNITED STATES,, 58 Fed. Cl. 139 (Fed. Cl. 2003)

. . . . § 563.13 or any successor regulation shall not be required of First Federal.” . . . . § 563.13 (1986) or any successor regulation. . . . The amount of net worth required under 12 C.F.R. § 563.13 (1986) or any successor regulation shall not . . . addition to any other remedies available, FSLIC shall have all the rights granted it under 12 C.F.R. § 563.13 . . . granted “First Federal a forbearance from compliance with net worth ratios required by 12 C.F.R. § 563.13 . . .

ANCHOR SAVINGS BANK, FSB, v. UNITED STATES,, 59 Fed. Cl. 126 (Fed. Cl. 2003)

. . . for a period of five years following the Effective Dates, from exercising its authority under section 563.13 . . . because of Anchor’s failure to comply with the statutory reserve and net worth requirements of Section 563.13 . . .

K. ANDERSON, Jr. B. L. v. UNITED STATES,, 344 F.3d 1343 (Fed. Cir. 2003)

. . . forbearance, for a five-year period from the FSLIC exercising its authority under Insurance Regulation 563.13 . . .

K. ANDERSON, Jr. B. L. v. UNITED STATES,, 344 F.3d 1343 (Fed. Cir. 2003)

. . . forbearance, for a five-year period from the FSLIC exercising its authority under Insurance Regulation 563.13 . . .

BANK UNITED, L. P. v. UNITED STATES,, 80 F. App'x 663 (Fed. Cir. 2003)

. . . consummation of the acquisition (“Effective Date”), from exercising its authority to take action under Section 563.13 . . .

HOME FEDERAL BANK OF TENNESSEE, F. S. B. v. UNITED STATES,, 57 Fed. Cl. 676 (Fed. Cl. 2003)

. . . . §§ 563.13(b)(2), 571.5 (1982). . . . when “the resulting association must include goodwill to meet the net-worth requirements of 12 C.F.R. 563.13 . . .

AMBASE CORPORATION v. UNITED STATES,, 58 Fed. Cl. 32 (Fed. Cl. 2003)

. . . Section 563.13, or any successor regulation thereto.” Id. at 278. . . .

STERLING SAVINGS, v. UNITED STATES,, 57 Fed. Cl. 445 (Fed. Cl. 2003)

. . . accepted accounting principles (if approved by the Corporation), appraised equity capital (as defined in § 563.13 . . .

ADMIRAL FINANCIAL CORPORATION, v. UNITED STATES, 57 Fed. Cl. 418 (Fed. Cl. 2003)

. . . . § 563.13(b), as now or hereafter in effect, and, as necessary, will infuse additional equity capital . . .

J. HOLLAND R. v. UNITED STATES,, 57 Fed. Cl. 540 (Fed. Cl. 2003)

. . . not exceeding one dollar ($1.00) less than the fully phased-in regulatory capital requirement of § 563.13 . . . maintain “adequate reserves” to be eligible for FSLIC insurance. 12 U.S.C. § 1726(b), see 12 C.F.R. § 563.13 . . . such redemption, the insured institution would fail to meet its regulatory capital requirement under § 563.13 . . .

FIFTH THIRD BANK OF WESTERN OHIO, v. UNITED STATES,, 56 Fed. Cl. 668 (Fed. Cl. 2003)

. . . limitation] for the Honfed acquisition, and for Honfed’s compliance with the requirements of Section 563.13 . . . supervisory action against Honfed as a result of its failure to meet the net worth requirements of Section 563.13 . . .

BANK OF AMERICA, FSB, v. UNITED STATES,, 55 Fed. Cl. 670 (Fed. Cl. 2003)

COMMERCIAL FEDERAL CORP. FSB, v. UNITED STATES,, 55 Fed. Cl. 595 (Fed. Cl. 2003)

. . . the regulatory capital of the resulting institution will at least equal the amount required under § 563.13 . . . Commercial Federal Bank to be maintained consistent with FHLBB regulatory requirements, specifically Section 563.13 . . . calendar quarter, regulatory capital at least equal to the amount that may be required pursuant to § 563.13 . . . Commercial Federal Bank remained consistent with the FHLBB regulatory requirements, specifically section 563.13 . . .

WESTFED HOLDINGS, INC. v. UNITED STATES,, 55 Fed. Cl. 544 (Fed. Cl. 2003)

. . . . § 563.13 as long as New Western met the net worth requirement set out in the RCMA. PX 70. . . .

SOUTHTRUST OF GEORGIA, INC. f k a N. A. f k a FSB, v. UNITED STATES,, 54 Fed. Cl. 741 (Fed. Cl. 2002)

. . . accounting principles, or the regulatory capital requirements for Southeast established under Section 563.13 . . . June 4th supplement restated that “the regulatory capital requirement computed under FHLBB regulation 563.13 . . . capital of New Institution, to be maintained at a level consistent with that required by 12 C.F.R. § 563.13 . . . once again promising that BFC would maintain Southeast’s capital levels “consistent with 12 C.F.R. § 563.13 . . . Association’s regulatory capital requirement at a given time computed in accordance with 12 C.F.R. § 563.13 . . .

SOUTHERN NATIONAL CORPORATION v. UNITED STATES,, 54 Fed. Cl. 554 (Fed. Cl. 2002)

. . . the acquired thrifts liabilities for the purpose of satisfying the net worth requirements of Section 563.13 . . . contained the following language: “For purposes of satisfying the net worth requirements of Section 563.13 . . .

FIRST FEDERAL LINCOLN BANK, v. UNITED STATES,, 54 Fed. Cl. 446 (Fed. Cl. 2002)

. . . following the effective date of the merger, the Board will forbear from exercising its authority under § 563.13 . . . failure of the resulting association to comply with the statutory reserve and net worth requirements of § 563.13 . . . supervisory forbearance; specifically, the FHLBB would “forbear from exercising its authority under § 563.13 . . . failure of the resulting association to comply with the statutory reserve and net worth requirements of § 563.13 . . .

ADMIRAL FINANCIAL CORPORATION, v. UNITED STATES, 54 Fed. Cl. 247 (Fed. Cl. 2002)

. . . the Institution’s regulatory capital requirement at a given time computed in accordance with 12 CFR 563.13 . . . they will maintain the regulatory capital of Haven at a level equal to that required by 12 C.F.R. § 563.13 . . .

STERLING SAVINGS, v. UNITED STATES,, 53 Fed. Cl. 599 (Fed. Cl. 2002)

. . . five years following consummation of the Acquisition, from exercising its authority, under Section 563.13 . . . five years following consummation of the acquisition, from exercising its authority, under Section 563.13 . . . FSLIC-Insured Institutions; for any failure of Sterling to meet the capital requirements of Section 563.13 . . .

FRANKLIN FEDERAL SAVINGS BANK, O. Jr. B. C. A. S. R. G. v. UNITED STATES,, 53 Fed. Cl. 690 (Fed. Cl. 2002)

. . . . § 563.13 (1988), as determined from an audited balance sheet as of the date of the conversion which . . . Institution’s regulatory capital requirement at a given time computed in accordance with 12 C.F.R. § 563.13 . . . “Total Liabilities means total liabilities as defined in 12 C.F.R. § 563.13(b)(1)(i), or any successor . . . defined as Franklin Federal’s “fully phased-in regulatory capital requirement as defined in 12 C.F.R. § 563.13 . . . “Total Liabilities” is defined as “total liabilities as defined in 12 C.F.R. § 563.13(b)(1)(i), or any . . .

HOMETOWN FINANCIAL, INC. v. UNITED STATES,, 53 Fed. Cl. 326 (Fed. Cl. 2002)

. . . . § 563.13(b). . . . of five years following consummation of the acquisition, from exercising its authority under Section 563.13 . . . ... for any failure of Hometown Federal to meet the net worth requirement of Section 563.13 arising . . . Institution’s regulatory capital requirement at a given time computed in accordance with 12 C.F.R. § 563.13 . . . New Hometown “to bring Hometown Federal Savings Bank into full capital compliance [under 12 C.F.R. § 563.13 . . .

BARRON BANCSHARES, INC. v. UNITED STATES,, 53 Fed. Cl. 310 (Fed. Cl. 2002)

. . . period of five years following consummation of the acquisition, from exercising its authority under 563.13 . . . of the Insurance Regulations [12 C.F.R. § 563.13 (1985)], for any failure of Barron to meet the net . . . worth requirements of Section 563.13 arising solely from an increase in the contingency factor attributable . . . of five years following consummation of the acquisition, from exercising its authority under Section 563.13 . . . of Accounts, for any failure of (acquired institution) to meet the net worth requirements of Section 563.13 . . .

GRANITE MANAGEMENT CORPORATION, v. UNITED STATES,, 53 Fed. Cl. 228 (Fed. Cl. 2002)

. . . merger of the de novo with First Nationwide (“merger”), from exercising its authority, under Section 563.13 . . .

L. CAIN, v. UNITED STATES,, 53 Fed. Cl. 658 (Fed. Cl. 2002)

. . . . § 563.13 (1989). . . .

SOUTHERN CALIFORNIA FEDERAL SAVINGS LOAN ASSOCIATION E. Jr. J. J. III, E. W. B. v. UNITED STATES, 52 Fed. Cl. 531 (Fed. Cl. 2002)

. . . 561.13(b) of the Regulatory Capital Regulations, (i) the [FSLIC], pursuant to its authority under § 563.13 . . . Regulatory Capital Regulation, shall consider the NEW ASSOCIATION’S ‘base liabilities,’ as defined in § 563.13 . . . Regulation, to be the lower of the NEW ASSOCIATION’S level “... of ‘total liabilities,’ as defined in § 563.13 . . . which regulatory capital is being computed, and (ii) the [FSLIC], pursuant to its authority under § 563.13 . . . the Regulatory Capital Regulation, shall consider the NEW ASSOCIATION’S ‘base ratio,’ as defined in § 563.13 . . .

ANCHOR SAVINGS BANK, FSB, v. UNITED STATES, 52 Fed. Cl. 406 (Fed. Cl. 2002)

. . . for a period of five years following the Effective Dates, from exercising its authority under Section 563.13 . . . because of Anchor’s failure to comply with the statutory reserve and net worth requirements of Section 563.13 . . .

ADVANCE BANK, F. S. B. v. UNITED STATES,, 52 Fed. Cl. 286 (Fed. Cl. 2002)

. . . part: For purposes of the resulting institution’s satisfaction of the net-worth calculation of Section 563.13 . . .

WESTFED HOLDINGS, INC. v. UNITED STATES,, 52 Fed. Cl. 135 (Fed. Cl. 2002)

. . . . § 563.13(b). Id. . . . . § 563.13 as long as New Western met the net worth requirement set out in the Regulatory Capital Maintenance . . . FSLIC’s promise to forbear from enforcing the regulatory capital requirement provided for in Section 563.13 . . . The FSLIC will forbear from taking action pursuant to Section 563.13 of the Rules and Regulations for . . . See 12 C.F.R. § 563.13(b) (1988) (“An institution shall not ... reduce its required amount of regulatory . . .

STANDARD FEDERAL BANK v. UNITED STATES,, 51 Fed. Cl. 695 (Fed. Cl. 2002)

. . . Under 12 C.F.R. section 563.13 (1986), thrifts were required to keep a certain percentage of their net . . .

HOME SAVINGS OF AMERICA, F. S. B. H. F. Co. v. THE UNITED STATES, 51 Fed. Cl. 487 (Fed. Cl. 2002)

. . . shall cause the net worth of Home Savings to be maintained in compliance with the requirements of § 563.13 . . . dividend in any fiscal year that would reduce Home Savings’ net worth below the level required under § 563.13 . . .

HOME SAVINGS OF AMERICA, F. S. B. H. F. Co. v. UNITED STATES, 50 Fed. Cl. 427 (Fed. Cl. 2001)

. . . period of five years following consummation of the merger, from exercising its authority, under Section 563.13 . . . for any failure of Home Savings to meet the statutory-reserve and net worth requirements of Section 563.13 . . . period of five years following consummation of the merger, from exercising its authority, under Section 563.13 . . . requirements], as a result of any failure of Home Savings to meet the net worth requirements of Section 563.13 . . . acquiring institutions count supervisory goodwill toward their reserve requirements under 12 C.F.R. § 563.13 . . .

In OVERLAND PARK FINANCIAL CORPORATION, v., 236 F.3d 1246 (10th Cir. 2001)

. . . Association, Overland Park, Kansas, to be maintained at a level consistent with that required by Section 563.13 . . .

In OVERLAND PARK FINANCIAL CORPORATION, v., 236 F.3d 1246 (10th Cir. 2001)

. . . Association, Overland Park, Kansas, to be maintained at a level consistent with that required by Section 563.13 . . .

J. GLASS, v. UNITED STATES,, 47 Fed. Cl. 316 (Fed. Cl. 2000)

. . . cause the net worth of Security to be maintained at a level consistent with that required by Section 563.13 . . .

In OVERLAND PARK FINANCIAL CORPORATION, v., 232 B.R. 215 (D. Kan. 1999)

. . . cause the net worth of [OPSL] to be maintained at a level consistent with that required by Section 563.13 . . . Section 563.13(b) established minimum annual net worth requirements for insured institutions. . . . See 12 C.F.R. 563.13(b) (1979). . . . . At the time Financial signed the stipulation, Section 563.13(b) actually required insured institutions . . . See 12 C.F.R. § 563.13(b) (1979). See also, e.g., United States v. . . .

FEDERAL DEPOSIT INSURANCE CORPORATION, v. A. FRATES,, 44 F. Supp. 2d 1176 (N.D. Okla. 1999)

. . . . § 563.13(b). . . .

BLUEBONNET SAVINGS BANK, F. S. B. M. v. UNITED STATES,, 43 Fed. Cl. 69 (Fed. Cl. 1999)

. . . . § 563.13(b). . . .

K. CASTLE, v. UNITED STATES,, 42 Fed. Cl. 859 (Fed. Cl. 1999)

. . . calculate the required level of Regulatory Capital in lieu of that which is required under Section 563.13 . . .

In OVERLAND PARK FINANCIAL CORPORATION,, 217 B.R. 879 (Bankr. D. Kan. 1998)

. . . the net worth of the Association to be maintained at a level consistent with that required by Section 563.13 . . . Association, Overland Park, Kansas, to be maintained at a level consistent with that required by Section 563.13 . . . the FSLIC that they would maintain the net worth of their subsidiaries at levels required by Section 563.13 . . . ., stating that it would maintain Savers Federal’s net worth at a level consistent with 12 C.F.R. § 563.13 . . . (1) three percent of total liabilities ..., or (2) a level consistent with that required by Section 563.13 . . .

CALIFORNIA FEDERAL BANK, a v. UNITED STATES, LANDMARK LAND COMPANY, INC. a v. UNITED STATES, LaSALLE TALMAN BANK, F. S. B. v. UNITED STATES, C. SUESS, v. UNITED STATES,, 39 Fed. Cl. 753 (Fed. Cl. 1997)

. . . . § 563.13 (1981) were different from the “more complicated incentive” arising from regulators’ decision . . .

FAR WEST FEDERAL BANK, S. B. U. S. III U. S. V. v. OFFICE OF THRIFT SUPERVISION- DIRECTOR TRINITY VENTURES, LTD. U. S. III III, U. S. V. v. OFFICE OF THRIFT SUPERVISION- DIRECTOR, 119 F.3d 1358 (9th Cir. 1997)

. . . . § 563.13 (1987). . . .

UNITED STATES, v. WINSTAR CORPORATION, 116 S.Ct. 2432 (U.S. 1996)

. . . requirement that thrifts maintain adequate capital reserves as a cushion against losses, see 12 CFR § 563.13 . . . The Government asserts that the reference to § 563.13 of FSLIC regulations, which at the time defined . . . See 12 CFR § 563.13 (1988). . . . Section 563.13 has since been superseded by the Financial Institutions Reform, Recovery, and Enforcement . . . See 12 CFR§ 563.13(a)(2) (1981). . See also Appleby v. . . .

UNITED STATES v. WINSTAR CORP., 518 U.S. 839 (U.S. 1996)

. . . requirement that thrifts maintain adequate capital reserves as a cushion against losses, see 12 CFR §563.13 . . . the acquiring institutions count supervisory goodwill toward their reserve requirements under 12 CFR §563.13 . . . The Government asserts that the reference to §563.13 of FSLIC regulations, which at the time defined . . . See 12 CFR § 563.13 (1988). . . . Section 563.13 has since been superseded by the Financial Institutions Reform, Recovery, and Enforcement . . .

D. RAPAPORT, v. UNITED STATES DEPARTMENT OF TREASURY, OFFICE OF THRIFT SUPERVISION,, 59 F.3d 212 (D.C. Cir. 1995)

. . . . § 563.13, or any successor regulation then in effect. . . .

RESOLUTION TRUST CORPORATION, F. A. E. L. v. FEDERAL SAVINGS AND LOAN INSURANCE CORPORATION,, 25 F.3d 1493 (10th Cir. 1994)

. . . . § 563.13(b)(2) (1985) (net worth requirement); see also Assistance Agreement § 10(a), Aplt.App. at . . .

RESOLUTION TRUST CORPORATION, v. J. DEAN,, 854 F. Supp. 626 (D. Ariz. 1994)

. . . . §§ 563.13 and 563.14 (1983) governed the declaration of dividends by federally insured Savings and . . .

WINSTAR CORPORATION, FSB, v. UNITED STATES,, 994 F.2d 797 (Fed. Cir. 1993)

. . . . § 563.13); id. at 31859 (codified at 12 C.F.R. § 563.13); id. at 52961 (codified at 12 C.F.R. § 563.13 . . . alia the thrifts’ projected compliance with regulatory capital requirements, 12 C.F.R. §§ 546.2(h)(6), 563.13 . . .

RESOLUTION TRUST CORPORATION, v. NATIONAL WESTERN LIFE INSURANCE COMPANY,, 994 F.2d 517 (8th Cir. 1993)

. . . . § 563.13, ,8-l(d)(l)(ii) (1983-1988). . . . See 12 C.F.R. § 563.13 (1989). . . .

WINSTAR CORPORATION, FSB, v. UNITED STATES,, 28 Fed. Cl. 797 (Fed. Cir. 1993)

UNITED LIBERTY LIFE INSURANCE COMPANY, v. RYAN, B. Jr. R. III N. R. L. J., 985 F.2d 1320 (6th Cir. 1993)

. . . cause the net worth of MeraBank to be maintained at a level consistent with that required by Section 563.13 . . .

K. WACHTEL, Jr. v. OFFICE OF THRIFT SUPERVISION, K. WACHTEL, Jr. W. W. W. L. J. II, v. RYAN, W. HALEY, v. OFFICE OF THRIFT SUPERVISION, J. HOLLAND, II, v. OFFICE OF THRIFT SUPERVISION,, 982 F.2d 581 (D.C. Cir. 1993)

. . . . § 563.13 (currently codified at 12 C.F.R. § 567.2) “as now or hereinafter in effect” and would “infuse . . . they would cause the bank’s net worth to be maintained in accord with the requirements of 12 C.F.R. § 563.13 . . .

In FIRSTCORP, INCORPORATED, RESOLUTION TRUST CORPORATION v. FIRSTCORP, INCORPORATED P. Jr., 973 F.2d 243 (4th Cir. 1992)

. . . (1) three percent of total liabilities ..., or (2) a level consistent with that required by Section 563.13 . . .

In FIRSTCORP, INCORPORATED, RESOLUTION TRUST CORPORATION v. FIRSTCORP, INCORPORATED P. Jr., 973 F.2d 243 (4th Cir. 1992)

. . . (1) three percent of total liabilities ..., or (2) a level consistent with that required by Section 563.13 . . .

CARTERET SAVINGS BANK, FA v. OFFICE OF THRIFT SUPERVISION, T. Jr. T. Jr., 963 F.2d 567 (3d Cir. 1992)

. . . . § 563.13 (1989) (setting out regulatory capital requirements prior to enactment of FIRREA). . . .

AKIN, v. OFFICE OF THRIFT SUPERVISION DEPARTMENT OF TREASURY,, 950 F.2d 1180 (5th Cir. 1992)

. . . . § 563.13 (1986). . . . The Agreement provided that Akin would maintain TB’s net worth at the levels required by 12 C.F.R. § 563.13 . . .

HOME SAVINGS BANK, F. S. B. RESOLUTION TRUST CORPORATION, v. B. GILLAM,, 952 F.2d 1152 (9th Cir. 1991)

. . . . § 563.13, the Bank submitted a proposed Capital Forbearance Agreement to the FHLBB in July 1987. . . .

FAR WEST FEDERAL BANK, S. B. U. S. III, U. S. V. v. DIRECTOR, OFFICE OF THRIFT SUPERVISION,, 951 F.2d 1093 (9th Cir. 1991)

. . . Far West freedom for 10 years from the regulatory capital requirements then set forth in 12 C.F.R. 563.13 . . .

UNITED LIBERTY LIFE INSURANCE COMPANY, v. RYAN,, 772 F. Supp. 366 (S.D. Ohio 1991)

. . . cause the net worth of MeraBank to be maintained at a level consistent with that required by Section 563.13 . . .

GUARANTY FINANCIAL SERVICES, INC. v. T. RYAN,, 928 F.2d 994 (11th Cir. 1991)

. . . . § 563.13(b), or any successor regulation thereto * ” (emphasis added). . . .

FIRST FEDERAL SAVINGS BANK AND TRUST, a a a a v. T. RYAN,, 927 F.2d 1345 (6th Cir. 1991)

. . . . § 563.13(b), or any successor regulation thereto, except to the extent that the Board [FHLBB] has agreed . . .