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DIVIDEND RESTRICTIONS ON SUBSIDIARY BANKS
12 Months Ended
Dec. 31, 2011
DIVIDEND RESTRICTIONS ON SUBSIDIARY BANKS

NOTE 15: DIVIDEND RESTRICTIONS ON SUBSIDIARY BANKS

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 “NYDFS”) 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 2011, dividends of $555.0 million were paid by the Banks to the Parent Company. At December 31, 2011, the Banks could have paid additional dividends of $296.5 million to the Parent Company without regulatory approval.