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Commitments and Contingencies
12 Months Ended
Dec. 31, 2015
Commitments and Contingencies  
Commitments and Contingencies

 

16) Commitments and Contingencies

Financial Instruments with Off-Balance Sheet Risk

        HBC is a party to financial instruments with off-balance sheet risk in the normal course of business to meet the financing needs of its clients. These financial instruments include commitments to extend credit and standby letters of credit. Those instruments involve, to varying degrees, elements of credit and interest rate risk in excess of the amounts recognized in the balance sheets.

        HBC's exposure to credit loss in the event of non-performance of the other party to the financial instrument for commitments to extend credit and standby letters of credit is represented by the contractual amount of those instruments. HBC uses the same credit policies in making commitments and conditional obligations as it does for on-balance sheet instruments. Credit risk is the possibility that a loss may occur because a party to a transaction failed to perform according to the terms of the contract. HBC controls the credit risk of these transactions through credit approvals, limits, and monitoring procedures. Management does not anticipate any significant losses as a result of these transactions.

        Commitments to extend credit were as follows:

                                                                                                                                                                                    

 

 

December 31, 2015

 

December 31, 2014

 

 

 

Fixed
Rate

 

Variable
Rate

 

Fixed
Rate

 

Variable
Rate

 

 

 

(Dollars in thousands)

 

Unused lines of credit and commitments to make loans

 

$

16,917 

 

$

539,897 

 

$

8,164 

 

$

415,146 

 

Standby letters of credit

 

 

3,402 

 

 

13,458 

 

 

3,235 

 

 

12,783 

 

​  

​  

​  

​  

​  

​  

​  

​  

 

 

$

20,319 

 

$

553,355 

 

$

11,399 

 

$

427,929 

 

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

​  

        Commitments generally expire within one year.

        Standby letters of credit are written with conditional commitments issued by HBC to guarantee the performance of a client to a third party. The credit risk involved in issuing letters of credit is essentially the same as that involved in extending loan facilities to clients.

        The Company is required to maintain interest-bearing reserves. Reserve requirements are based on a percentage of certain deposits. As of December 31, 2015, the Company maintained reserves of $29,015,000 in the form of vault cash and balances at the Federal Reserve Bank of San Francisco, which satisfied the regulatory requirements.

Loss Contingencies

        The Company's policy is to accrue for legal costs associated with both asserted and unasserted claims when it is probable that such costs will be incurred and such costs can be reasonably estimated. A number of parties have filed complaints in the Superior Court of California for the County of Santa Clara asserting certain claims against the Company arising from the transfer of funds. One complaint composed of numerous claims has been set for trial in late 2016. Three of the remaining complaints are in the pleading stage and in mid-discovery. One other complaint is in mid-discovery. As to all claims, it is not possible to determine the amount of the loss, if any, arising from the claim in excess of the legal expenses expected to be incurred in defense of the litigation. The Company intends to vigorously defend the litigation.