Ameris buys third failed bank from FDIC

Posted on May 20, 2010 13:25 by Janet Conley

Ameris Bancorp has acquired its third failed bank from the Federal Deposit Insurance Co. in the last eight months.

Represented by Jody L. Spencer at Rogers & Hardin, Moultrie-based Ameris announced that a subsidiary has agreed to assume $134 million in deposits and acquire about $142.3 million in the assets of Satilla Community Bank, a single-office financial institution based in St. Marys, in South Georgia near Cumberland Island and the Florida state line.

Spencer said he is not yet sure exactly what Ameris is paying for the bank. "That is one of a couple of numbers I don't have yet," he said, adding that the numbers will appear in an 8-K Ameris is due to file with the Securities and Exchange Commission today.

The Georgia Department of Banking and Finance declared the Satilla bank closed on May 14, appointing the FDIC, which was represented in this transaction by its in-house counsel, as receiver. Ameris reopened the bank on Monday as one of its now-54 branches in Georgia, Florida, Alabama and South Carolina. Ameris Bancorp

Ameris agreed to pay the FDIC a premium of 0.19 percent to assume all of Satilla Community Bank's deposits, and the two entities entered into a loss-share transaction on about 80 percent of the assets, as per FDIC policy, Spencer said.

Spencer also said that deals such as this ramp up several weeks prior to a bank's closure, when the FDIC contacts financial institutions it thinks might be a good fit as an acquirer. The FDIC, he said, invites banks to bid on the soon-to-be-closed bank, and other than the price for assets and liabilities to be acquired, there's not much to negotiate under the FDIC's structure.

"It's quite a streamlined process," he said.

FDIC lawyers do not comment on their transactions.

The deal was funded in part by an underwritten public offering of Ameris stock that grossed $90 million when it closed April 20. SEC documents dating to the offering's announcement, in March, said Ameris planned to use the net proceeds "for general corporate purposes, including to fund possible future acquisitions of other financial services businesses (which may include FDIC-assisted transactions)."

Ameris, a financial holding company and the parent company of Ameris Bank, has recent experience with FDIC-assisted transactions in Georgia. In October, it bought Lawrenceville-based American United Bank, which had $85.7 million in loans and $100.3 million in deposits. A month later, Ameris purchased United Security Bank, with branches in Woodstock and Sparta, which had $108.4 million in loans and $140 million in deposits.

While Ameris will pay the FDIC for the Satilla bank, in these prior two transactions, the FDIC paid Ameris a total of about $41.3 million.

Rogers & Hardin was involved in both deals.

According to information from the FDIC, 27 banks have closed in Georgia in the past 12 months, eight of them this year.


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Janet ConleyThe Deal Watch Blog is devoted to bringing you the latest news in business law in Atlanta, the Southeast and the U.S. The lead writer is Daily Report associate editor Janet L. Conley.

Janet L. Conley is an attorney who returned to journalism after practicing law with Akin, Gump, Strauss, Hauer & Feld in Washington and with the Georgia Legal Services Program in Atlanta.

During her tenure at the Daily Report, Janet, now the paper's associate editor, has covered law firm economics and management, business and federal courts. In 2007, she received the Georgia Associated Press Story of the Year award and the Atlanta Press Club’s Journalist of the Year award, both for small circulation newspapers, for "Green to Gold," a series of articles on how climate change will alter business and the law.

Janet has written for The American Lawyer magazine and the National Law Journal, among other publications. She also served as managing editor of GC South magazine.

Janet holds a journalism degree from Southern College and a juris doctor degree from the University of Pennsylvania. She lives in Decatur with her husband Mark Harper, also an attorney, and their three children.

She can be reached at jconley@alm.com.

Andy PetersThe contributing writer is Daily Report staff reporter Andy Peters.

Andy Peters has been a journalist since graduating from Furman University in 1992. A short list of the subjects he’s covered includes the Georgia state Legislature, the U.S. semiconductor industry, the Alabama-Florida-Georgia “water wars” litigation, the 1999 American Airlines pilots strike, Coca-Cola and PepsiCo’s battle to acquire the Gatorade sports-drink brand, indie rock music and high school football. Andy has written for Bloomberg News, the New York Times Web site, the Macon Telegraph, the Spartanburg (S.C.) Herald-Journal and the Atlanta Business Chronicle.

Andy has written the Deal Watch column for the Daily Report since March 2006. He was born in Chattanooga, Tenn. in 1971 and grew up in Ringgold, Ga. He lives in Decatur with his wife and two children.

He can be reached at apeters@alm.com.

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