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Regulatory Matters
3 Months Ended
Mar. 31, 2012
Regulatory Matters [Abstract]  
Regulatory Matters

NOTE (10) – Regulatory Matters

The Bank is subject to regulatory capital requirements now administered by the Office of the Comptroller of the Currency, or OCC, which is the statutory successor under the Dodd-Frank Act to the former Office of Thrift Supervision, or OTS. The capital requirements, which remain the same as when administered by the OTS, involve quantitative measures of assets, liabilities, and certain off balance sheet items calculated under regulatory accounting practices. Capital amounts and classifications are also subject to qualitative judgments by the OCC. Failure to meet capital requirements can result in regulatory action.

Prompt corrective action regulations also administered by the OCC provide five classifications: well capitalized, adequately capitalized, undercapitalized, significantly undercapitalized, and critically undercapitalized, although these terms are not used to represent overall financial condition. If only adequately capitalized, regulatory approval is required to accept brokered deposits. If undercapitalized, capital distributions are limited, as is asset growth and expansion, and capital restoration plans are required.

The Company and the Bank consented to the issuance to them of cease and desist orders by the OTS effective September 9, 2010 requiring, among other things, that the Company and the Bank take remedial actions to improve the Bank’s loan underwriting and internal asset review procedures, to reduce the amount of its non-performing assets and to improve other aspects of the Bank’s business, as well as the Company’s management of its business and the oversight of the Company’s business by the Board. The cease and desist orders, which are now administered by the OCC with respect to the Bank and the FRB with respect to the Company, require the Bank to attain, and thereafter maintain, a Tier 1 (Core) Capital to Adjusted Total Assets ratio of at least 8% and a Total Risk-Based Capital to Risk-Weighted Assets ratio of at least 12%, both of which ratios are greater than the respective 5% and 10% levels for such ratios that are generally required under OTS (now OCC) regulations. The cease and desist orders also prohibit the Bank from paying dividends to the Company, and prohibit the Company from paying dividends to its shareholders, without the prior written approval of the OCC and the FRB, respectively. In addition, the Company is not permitted to incur, issue, renew, repurchase, make payments on or increase any debt or redeem any capital stock without prior notice to and receipt of written notice of non-objection from the FRB.

The Bank did not meet the minimum capital requirements under the cease and desist order at March 31, 2012 or December 31, 2011.

Actual and normally required capital amounts and ratios at March 31, 2012 and December 31, 2011, together with the higher capital requirements that the Bank is required to meet under the cease and desist order applicable to it, are presented below.

 

                                                                 
    Actual     Required for
Capital Adequacy
Purposes
    To Be Well
Capitalized Under
Prompt Corrective
Action Regulations
    Capital
Requirements
under Cease and
Desist Order
 
    Amount     Ratio     Amount     Ratio     Amount     Ratios     Amount     Ratios  
    (Dollars in thousands)  

March 31, 2012:

                                                               

Tangible Capital to adjusted total assets

  $ 31,442       7.70   $ 6,124       1.50     N/A       N/A       N/A       N/A  

Tier 1(Core) Capital to adjusted total assets

  $ 31,442       7.70   $ 16,331       4.00   $ 20,414       5.00   $ 32,662       8.00

Tier 1(Core) Capital to risk weighted assets

  $ 31,442       10.92     N/A       N/A     $ 17,276       6.00     N/A       N/A  

Total Capital to risk weighted assets

  $ 35,216       12.23   $ 23,035       8.00   $ 28,794       10.00   $ 34,552       12.00
                 

December 31, 2011 :

                                                               

Tangible Capital to adjusted total assets

  $ 30,961       7.27   $ 6,396       1.50     N/A       N/A       N/A       N/A  

Tier 1(Core) Capital to adjusted total assets

  $ 30,961       7.27   $ 17,055       4.00   $ 21,319       5.00   $ 34,111       8.00

Tier 1(Core) Capital to risk weighted assets

  $ 30,961       10.31     N/A       N/A     $ 18,019       6.00     N/A       N/A  

Total Capital to risk weighted assets

  $ 34,882       11.61   $ 24,026       8.00   $ 30,032       10.00   $ 36,039       12.00