Viability of Converted Bank

For purposes of 209 CMR 33.13 through 33.20, a converting bank may be deemed a viable entity if it is determined by the commissioner that the net worth of the bank after conversion would be reasonably sufficient to absorb projected operating losses for a period of not less than three years after the date on which the bank becomes a stock form bank under the provisions of 209 CMR 33.19(4), without the application of financial assistance from Insurer(s). If the proposed conversion stock purchaser or purchasers guarantee to maintain the bank's net worth in an amount to be determined by the commissioner for a period of not less than three years after the effective date of conversion to stock form, the determination of the commissioner shall be based upon (i) the projected operating results of the bank over the period of the guarantee and (ii) the financial capability of the purchaser or purchasers to maintain net worth compliance.