REGULATORY MATTERS

12 Months Ended

Dec. 31, 2016

Banking and Thrift [Abstract]

REGULATORY MATTERS

NOTE 20. REGULATORY MATTERS

The Bank is subject to certain restrictions on the amount of dividends that may be declared without prior regulatory approval. At December 31, 2016, $39.0 million of retained earnings were available for dividend declaration without regulatory approval.

The Company and the Bank are subject to various regulatory capital requirements administered by the federal banking agencies. Failure to meet minimum capital requirements can initiate certain mandatory, and possibly additional discretionary, actions by regulators that, if undertaken, could have a direct material effect on the Company’s and Bank’s financial statements. Under capital adequacy guidelines and the regulatory framework for prompt corrective action, the Company and the Bank must meet specific capital guidelines that involve quantitative measures of their assets, liabilities and certain off-balance-sheet items as calculated under regulatory accounting practices. Capital amounts and classification are also subject to qualitative judgments by the regulators about components, risk weightings and other factors.

Quantitative measures established by regulation to ensure capital adequacy require the Company and the Bank to maintain minimum amounts and ratios of total, Tier 1 capital and Common Equity Tier 1 capital, as defined by the regulations, to risk-weighted assets, as defined, and of Tier 1 capital to average assets, as defined. The final rules implementing the Basel Committee on Banking Supervision’s capital guidelines for U.S. banks (the “Basel III rules”) became effective for the Company on January 1, 2015 with full compliance with all of the requirements being phased in over a multi-year schedule, and fully phased in by January 1, 2019. Under the Basel III rules, the Company must hold a capital conservation buffer above the adequately capitalized risk-based capital ratios. The capital conservation buffer is being phased in from 0.0% for 2015 to 2.50% by 2019. The capital conservation buffer for 2016 is 0.625%. The net realized gain or loss on available for sale securities is not included in computing regulatory capital. Management believes that, as of December 31, 2016 and 2015, the Company and the Bank met all capital adequacy requirements to which they are subject.

As of December 31, 2016 and 2015, the most recent notification from the regulatory authorities categorized the Bank as well capitalized under the regulatory framework for prompt corrective action. To be categorized as well capitalized, the Bank must maintain minimum total risk-based, Tier 1 risk-based, Common Equity Tier 1 risk-based and Tier 1 leverage ratios as set forth in the following table. There are no conditions or events since that notification that management believes have changed the Bank’s category. Prompt corrective action provisions are not applicable to bank holding companies.

The Company’s and Bank’s actual capital amounts and ratios are presented in the following table.

	Actual					For Capital Adequacy Purposes					To Be Well Capitalized Under Prompt Corrective Action Provisions
	Amount		Ratio			Amount		Ratio			Amount		Ratio
	(dollars in thousands)
As of December 31, 2016
Tier 1 Leverage Ratio (tier 1 capital to average assets):
Consolidated	$	555,447		8.675	%	$	256,106		4.000	%				—N/A—
Ameris Bank	$	592,641		9.266	%	$	255,828		4.000	%	$	319,785		5.00	%
CET1 Ratio (common equity tier 1 capital to risk weighted assets):
Consolidated	$	476,806		8.317	%	$	293,811		5.125	%				—N/A—
Ameris Bank	$	592,641		10.351	%	$	293,422		5.125	%	$	372,145		6.50	%
Tier 1 Capital Ratio (tier 1 capital to risk weighted assets):
Consolidated	$	555,447		9.689	%	$	379,804		6.625	%				—N/A—
Ameris Bank	$	592,641		10.351	%	$	379,301		6.625	%	$	458,024		8.00	%
Total Capital Ratio (total capital to risk weighted assets):
Consolidated	$	579,367		10.106	%	$	494,462		8.625	%				—N/A—
Ameris Bank	$	616,561		10.769	%	$	493,807		8.625	%	$	572,530		10.00	%
As of December 31, 2015
Tier 1 Leverage Ratio (tier 1 capital to average assets):
Consolidated	$	462,961		8.70	%	$	212,771		4.00	%				—N/A—
Ameris Bank	$	495,615		9.32	%	$	212,608		4.00	%	$	265,760		5.00	%
CET1 Ratio (common equity tier 1 capital to risk weighted assets):
Consolidated	$	403,322		9.54	%	$	190,157		4.50	%				—N/A—
Ameris Bank	$	495,615		11.74	%	$	189,949		4.50	%	$	274,371		6.50	%
Tier 1 Capital Ratio (tier 1 capital to risk weighted assets):
Consolidated	$	462,961		10.96	%	$	253,543		6.00	%				—N/A—
Ameris Bank	$	495,615		11.74	%	$	253,266		6.00	%	$	337,687		8.00	%
Total Capital to Risk Weighted Assets Total Capital Ratio (total capital to risk weighted assets):
Consolidated	$	484,023		11.45	%	$	338,057		8.00	%				—N/A—
Ameris Bank	$	516,677		12.24	%	$	337,687		8.00	%	$	422,109		10.00	%

The December 31, 2016 CET1 Ratios, the Tier 1 Capital Ratios, and the Total Capital Ratios displayed in the above table under the heading “For Capital Adequacy Purposes” include a capital conservation buffer of 0.625%. There was no capital conservation buffer requirement as of December 31, 2015.

FDIC Consent Order

On December 16, 2016, the Bank entered into a Stipulation to the Issuance of a Consent Order (the “Stipulation”) with its bank regulatory agencies, the FDIC and the GDBF, consenting to the issuance of a consent order (the “Order”) relating to weaknesses in the Bank’s Bank Secrecy Act (together with its implementing regulations, the “BSA”) compliance program. In consenting to the issuance of the Order, the Bank did not admit or deny any charges of unsafe or unsound banking practices related to its BSA compliance program.

Under the terms of the Order, the Bank or its board of directors is required to take certain affirmative actions to comply with the Bank’s obligations under the BSA. These include, but are not limited to, the following: strengthening the board of directors’ oversight of BSA activities; enhancing and adopting a revised BSA compliance program; completing a BSA risk assessment; developing a revised system of internal controls designed to ensure full compliance with the BSA; reviewing and revising customer due diligence and risk assessment processes, policies and procedures; developing, adopting and implementing effective BSA training programs; assessing BSA staffing needs and resources and appointing a qualified BSA officer; establishing an independent BSA testing program; ensuring that all reports required by the BSA are accurately and properly filed; and engaging an independent firm to review past account activity to determine whether suspicious activity was properly identified and reported.

Prior to implementation, certain of the actions required by the Order are subject to review by, and approval or non-objection from, the FDIC and the GDBF. The Order will remain in effect and be enforceable until it is modified, terminated, suspended or set aside by the FDIC and the GDBF.