REGULATORY MATTERS

12 Months Ended

Dec. 31, 2012

REGULATORY MATTERS

NOTE 18. 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, 2012, no amounts 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 and Tier I capital, as defined by the regulations, to risk-weighted assets, as defined, and of Tier I capital to average assets, as defined. Management believes that, as of December 31, 2012 and 2011, the Company and the Bank met all capital adequacy requirements to which they are subject.

As of December 31, 2012, 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 I risk-based and Tier I 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, 2012
Total Capital to Risk Weighted Assets
Consolidated	$	331,545		18.74	%	$	141,516		8.00	%				—N/A—
Ameris Bank	$	329,578		18.65	%	$	141,374		8.00	%	$	176,717		10.00	%
Tier I Capital to Risk Weighted Assets:
Consolidated	$	309,415		17.49	%	$	70,758		4.00	%				—N/A—
Ameris Bank	$	307,470		17.40	%	$	70,687		4.00	%	$	106,030		6.00	%
Tier I Capital to Average Assets:
Consolidated	$	309,415		10.34	%	$	119,660		4.00	%				—N/A—
Ameris Bank	$	307,470		10.30	%	$	119,440		4.00	%	$	149,299		5.00	%
As of December 31, 2011
Total Capital to Risk Weighted Assets
Consolidated	$	345,789		20.05	%	$	137,954		8.00	%				—N/A—
Ameris Bank	$	341,697		19.87	%	$	137,580		8.00	%	$	171,976		10.00	%
Tier I Capital to Risk Weighted Assets:
Consolidated	$	324,125		18.80	%	$	68,977		4.00	%				—N/A—
Ameris Bank	$	320,032		18.61	%	$	68,790		4.00	%	$	103,185		6.00	%
Tier I Capital to Average Assets:
Consolidated	$	324,125		10.76	%	$	120,683		4.00	%				—N/A—
Ameris Bank	$	320,032		10.62	%	$	120,515		4.00	%	$	150,643		5.00	%