Mutual Holding Company Reorganization and Regulatory Matters

12 Months Ended

Dec. 31, 2021

Mutual Holding Company Reorganization and Regulatory Matters

Mutual Holding Company Reorganization and Regulatory Matters

Note 2 – Mutual Holding Company Reorganization and Regulatory Matters

On July 5, 2006, the Bank reorganized from a mutual savings bank to a mutual holding company structure. In the reorganization, the Company sold 5,951,250 shares of its common stock to the public and issued 7,273,750 shares of its common stock to Northeast Community Bancorp, MHC (“MHC”).  As disclosed in note 1, in conjunction with the completion of the second-step conversion on July 12, 2021, each of NorthEast Community Bancorp, MHC and the Mid-Tier Holding Company merged out of existence and now cease to exist.

The Federal Deposit Insurance Corporation (“FDIC”) and the New York State Department of Financial Services (“NYS”) are the Bank’s primary regulator.  Under New York State Banking Law, New York state-chartered stock-form savings banks may declare and pay dividends out of their net profits, unless there is an impairment of capital, but approval of the NYS Superintendent is required if the total of all dividends declared by the bank in a calendar year would exceed the total of its net profits for that year combined with its retained net profits for the preceding two years less prior dividends paid.  The FDIC also has authority to use its enforcement powers to prohibit a savings bank from paying dividends if, in its opinion, the payment of dividends would constitute an unsafe and unsound practice.

The Company and its subsidiary Bank are subject to regulatory capital requirements promulgated by the federal banking agencies.  The Federal Reserve establishes capital requirements, including well capitalized standards, for the consolidated financial holding company, and the FDIC has similar requirements for the Company’s subsidiary bank.  Prior to January 1, 2015, quantitative measures were established by regulation to ensure capital adequacy which required the Bank to maintain minimum amounts and ratios of Total, Tier 1 capital (as defined by regulations) to risk-weighted assets (as defined), and of Core tier 1 capital to adjusted total assets (as defined).

Effective January 1, 2015, the Company adopted the Basel III final rule.  Based on the Company’s capital levels and statement of condition composition at December 31, 2019, the implementation of the new rule had no material impact on our regulatory capital level or ratios at the Bank level.  The new rule established limits at the Company level and increased the minimum Tier 1 capital to risk based assets requirement from 4% to 6% of risk-weighted assets; established a new common equity Tier 1 capital; and assigned a higher risk weight (150%) to exposures that are more than 90 days past due or are on nonaccrual and to certain commercial real estate facilities that finance the acquisition, development or construction of real property.  The new rule has a capital conservation buffer requirement that was

Note 2 – Mutual Holding Company Reorganization and Regulatory Matters (continued)

phased in at a rate of 0.625% annually beginning January 1, 2016 through January 1, 2019, when full capital conservation buffer requirement of 2.50% became effective.  The Bank met all capital adequacy requirements to which it was subject as of December 31, 2021 and 2020.  The following table presents information about the Bank’s capital levels at the dates presented:

Regulatory Capital Requirements

Minimum Capital

For Classification as

Actual

Adequacy(1)

Well-Capitalized

Amount

Ratio

Amount

Ratio

Amount

Ratio

(Dollars in Thousands)

As of December 31, 2021:

Total capital (to risk-weighted assets)

$

196,155

15.28

%

$

≥102,702

≥8.00

%

$

≥128,377

≥10.00

%

Tier 1 capital (to risk-weighted assets)

190,941

14.87

≥77,026

≥6.00

≥102,702

≥8.00

Common equity tier 1 capital (to risk-weighted assets)

190,941

14.87

≥57,770

≥4.50

≥83,445

≥6.50

Core (Tier 1) capital (to adjusted total assets)

190,941

16.79

≥45,486

≥4.00

≥56,857

≥5.00

As of December 31, 2020:

Total capital (to risk-weighted assets)

$

143,021

13.72

%

$

≥83,399

≥8.00

%

$

≥104,249

≥10.00

%

Tier 1 capital (to risk-weighted assets)

137,962

13.23

≥62,550

≥6.00

≥83,399

≥8.00

Common equity tier 1 capital (to risk-weighted assets)

137,962

13.23

≥46,912

≥4.50

≥67,762

≥6.50

Core (Tier 1) capital (to adjusted total assets)

137,962

14.79

≥37,304

≥4.00

≥46,629

≥5.00

(1) Ratios do not include the capital conservation buffer.

Based on the most recent notification by the FDIC, the Bank was categorized as “well capitalized” under the regulatory framework for prompt corrective action.  There have been no conditions or events that have occurred since notification that management believes have changed the Bank’s category.