REGULATORY MATTERS

9 Months Ended

Sep. 30, 2020

Banking And Thrifts [Abstract]

REGULATORY MATTERS

NOTE 12 - REGULATORY MATTERS

The Company on a consolidated basis and the Bank are subject to various regulatory capital requirements administered by 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 financial statements. Under capital adequacy guidelines and the regulatory framework for prompt corrective action, the Company must meet specific capital guidelines that involve quantitative measures of the Company’s assets, liabilities, and certain off balance sheet items as calculated under regulatory accounting practices. The Company’s capital amounts and classification are also subject to qualitative judgments by the regulators about components, risk weightings, and other factors.

The Basel III Capital Rules, a comprehensive capital framework for U.S. banking organizations, became effective for the Company and Bank on January 1, 2015, with certain transition provisions that were fully phased in on January 1, 2019. Quantitative measures established by the Basel III Capital Rules to ensure capital adequacy require the maintenance of minimum amounts and ratios (set forth in the table below) of Common Equity Tier 1 capital, Tier 1 capital and Total capital (as defined in the regulations) to risk-weighted assets (as defined), and or Tier 1 capital to adjusted quarterly average

assets (as defined). Management believes, as of September 30, 2020 and December 31, 2019, that the Bank met all capital adequacy requirements to which it was subject.

The Basel III Capital Rules, among other things, have (i) introduced a new capital measure called “Common Equity Tier I” (“CETI”), (ii) specified that Tier I capital consist of CETI and “Additional Tier I Capital” instruments meeting specified requirements, (iii) defined CETI narrowly by requiring that most deductions/adjustments to regulatory capital measures be made to CETI and not to the other components of capital and (iv) expanded the scope of the deductions/adjustments as compared to existing regulations.

Starting in January 2016, the implementation of the capital conservation buffer was effective for the Company starting at the 0.625% level and increasing 0.625% each year thereafter, until it reached 2.5% on January 1, 2019. The capital conservation buffer is designed to absorb losses during periods of economic stress and effectively increases the minimum required risk-weighted capital ratios.

As of September 30, 2020 and December 31, 2019, the Company’s capital ratios exceeded those levels necessary to be categorized as “well capitalized” under the regulatory framework for prompt corrective action. To be categorized as “well capitalized”, the Company must maintain minimum total risk-based, CETI, Tier 1 risk-based and Tier I leverage ratios as set forth in the table. There are no conditions or events since September 30, 2020 that management believes have changed the Company’s category.

The Federal Reserve’s guidelines regarding the capital treatment of trust preferred securities limits restricted core capital elements (including trust preferred securities and qualifying perpetual preferred stock) to 25% of all core capital elements, net of goodwill less any associated deferred tax liability. Because the Company’s aggregate amount of trust preferred securities is less than the limit of 25% of Tier I capital, net of goodwill, the rules permit the inclusion of $10,310 of trust preferred securities in Tier I capital as of September 30, 2020 and December 31, 2019. Additionally, the rules provide that trust preferred securities would no longer qualify for Tier I capital within five years of their maturity, but would be included as Tier 2 capital. However, the trust preferred securities would be amortized out of Tier 2 capital by one-fifth each year and excluded from Tier 2 capital completely during the year prior to maturity of the subordinated debentures.

A comparison of the Company’s and Bank’s actual capital amounts and ratios to required capital amounts and ratios are presented in the following tables as of:

	Actual			Minimum Required For Capital Adequacy Purposes			Minimum Required Under Basel III Fully Phased-In			To Be Well Capitalized Under Prompt Corrective Action Provisions
	Amount		Ratio	Amount		Ratio	Amount		Ratio	Amount		Ratio
September 30, 2020
Total capital to risk-weighted assets:
Consolidated	$	259,109	12.06%	$	171,862	8.00%	$	225,569	10.50%			n/a
Bank		276,510	12.87%		171,854	8.00%		225,558	10.50%	$	214,817	10.00%
Tier 1 capital to risk-weighted assets:
Consolidated		232,170	10.81%		128,896	6.00%		182,603	8.50%			n/a
Bank		249,573	11.62%		128,890	6.00%		182,595	8.50%		171,854	8.00%
Tier 1 capital to average assets:(1)
Consolidated		232,170	8.98%		103,438	4.00%		103,438	4.00%			n/a
Bank		249,573	9.65%		103,449	4.00%		103,449	4.00%		129,311	5.00%
Common equity tier 1 capital to risk-weighted assets:
Consolidated		221,860	10.33%		96,672	4.50%		150,379	7.00%			n/a
Bank		249,573	11.62%		96,668	4.50%		150,372	7.00%		139,631	6.50%
(1) The Tier 1 capital ratio (to average assets) is not impacted by the Basel III Capital Rules; however, the Federal Reserve Board and the FDIC may require the Consolidated Company and the Bank, respectively, to maintain a Tier 1 capital ratio (to average assets) above the required minimum.

	Actual			Minimum Required For Capital Adequacy Purposes			Minimum Required Under Basel III Fully Phased-In			To Be Well Capitalized Under Prompt Corrective Action Provisions
	Amount		Ratio	Amount		Ratio	Amount		Ratio	Amount		Ratio
December 31, 2019
Total capital to risk-weighted assets:
Consolidated	$	253,793	13.29%	$	152,770	8.00%	$	200,510	10.50%			n/a
Bank		249,643	13.07%		152,774	8.00%		200,516	10.50%	$	190,968	10.00%
Tier 1 capital to risk-weighted assets:
Consolidated		237,591	12.44%		114,577	6.00%		162,318	8.50%			n/a
Bank		233,441	12.22%		114,581	6.00%		162,322	8.50%		152,774	8.00%
Tier 1 capital to average assets:(1)
Consolidated		237,591	10.29%		92,318	4.00%		92,318	4.00%			n/a
Bank		233,441	10.11%		92,321	4.00%		92,321	4.00%		115,401	5.00%
Common equity tier 1 capital to risk-weighted assets:
Consolidated		227,281	11.90%		85,933	4.50%		133,674	7.00%			n/a
Bank		233,441	12.22%		85,935	4.50%		133,677	7.00%		124,129	6.50%
(1) The Tier 1 capital ratio (to average assets) is not impacted by the Basel III Capital Rules; however, the Federal Reserve Board and the FDIC may require the Consolidated Company and the Bank, respectively, to maintain a Tier 1 capital ratio (to average assets) above the required minimum.

Dividends paid by Guaranty are mainly provided by dividends from its subsidiaries. However, certain regulatory restrictions exist regarding the ability of its bank subsidiary to transfer funds to Guaranty in the form of cash dividends, loans or advances. The amount of dividends that a subsidiary bank organized as a national banking association, such as the Bank, may declare in a calendar year is the subsidiary bank’s net profits for that year combined with its retained net profits for the preceding two years.