NYCB 2017 Annual Report

137 The Company had in place an enforceable master netting arrangement with every counterparty. All master netting arrangements included rights to offset associated with the Company’s recognized derivative assets, derivative liabilities, and cash collateral received and pledged. Accordingly, the Company, where appropriate, offset all derivative asset and liability positions with the cash collateral received and pledged. The following table presents the effect of the master netting arrangements on the presentation of the derivative assets in the Consolidated Statements of Condition as of December 31, 2016: December 31, 2016 (in thousands) Gross Amount of Recognized Assets (1) Gross Amount Offset in the Statement of Condition Net Amount of Assets Presented in the Statement of Condition Gross Amounts Not Offset in the Consolidated Statement of Condition Net Amount Financial Instruments Cash Collateral Received Derivatives $20,422 $17,861 $2,561 $-- $-- $2,561 (1) Included $1.9 million to purchase Treasury options. The following table presents the effect the master netting arrangements had on the presentation of the derivative liabilities in the Consolidated Statements of Condition as of December 31, 2016: December 31, 2016 (in thousands) Gross Amount of Recognized Liabilities Gross Amount Offset in the Statement of Condition Net Amount of Liabilities Presented in the Statement of Condition Gross Amounts Not Offset in the Consolidated Statement of Condition Net Amount Financial Instruments Cash Collateral Pledged Derivatives $23,728 $16,588 $7,140 $-- $-- $7,140 NOTE 16: DIVIDEND RESTRICTIONS The Parent Company is a separate legal entity from each of the Banks and must provide for its own liquidity. In addition to operating expenses and any share repurchases, the Parent Company is responsible for paying any dividends declared to the Company’s shareholders. As a Delaware corporation, the Parent Company is able to pay dividends either from surplus or, in case there is no surplus, from net profits for the fiscal year in which the dividend is declared and/or the preceding fiscal year. The Company is required to receive a non-objection from the FRB to pay cash dividends on its outstanding common and preferred stock. The Company received non-objections from the FRB for each of the four quarterly cash dividends and the three preferred stock dividends it paid during the year. The FRB has advised the Company to continue the exchange of written documentation to obtain their non-objection to the declaration of dividends. Various legal restrictions limit the extent to which the Company’s subsi diary 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 NYSDFS 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 2017, dividends of $336.0 million were paid by the Banks to the Parent Company; at December 31, 2017, the Banks could have paid additional dividends of $379.5 million to the Parent Company without regulatory approval.