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COMMITMENTS AND CONTINGENCIES
9 Months Ended
Sep. 30, 2014
COMMITMENTS AND CONTINGENCIES [Abstract]  
COMMITMENTS AND CONTINGENCIES
NOTE 8                                        COMMITMENTS AND CONTINGENCIES

The Corporation is a party to certain financial instruments with off-balance sheet risk such as commitments under standby letters of credit, unused portions of lines of credit, overdraft protection and commitments to fund new loans.  In accordance with GAAP, these financial instruments are not recorded in the financial statements.  The Corporation's policy is to record such instruments when funded.  These transactions involve, to varying degrees, elements of credit, interest rate and liquidity risk.  Such transactions are generally used by the Corporation to manage clients' requests for funding and other client needs.

The following table lists the contractual amounts of financial instruments with off-balance sheet risk at September 30, 2014 and December 31, 2013 (dollars in thousands):

 
September 30, 2014
 
December 31, 2013
 
 
Fixed Rate
 
Variable Rate
 
Fixed Rate
 
Variable Rate
 
Commitments to make loans
 
$
29,126
  
$
14,973
  
$
21,049
  
$
7,893
 
Unused lines of credit
 
$
1,738
  
$
173,196
  
$
2,190
  
$
187,061
 
Standby letters of credit
 
$
-
  
$
16,687
  
$
-
  
$
17,290
 

The Bank is a party in two legal proceedings involving its Wealth Management Group. In both proceedings, the Bank, as trustee pursuant to written trust instruments, has sought judicial settlement of trust accounts in the New York Surrogate's Court for Chemung County. Individuals who are beneficiaries under the trusts have filed formal objections and/or demand letters with the Court in both of these accounting proceedings, objecting to the final settlement of the trust accounts. The objectants primarily assert that the Bank acted imprudently by failing to diversify the trusts' investments and they claim $13.2 million (an increase from the previously claimed $9.6 million based on an asserted new measure of damages) and $24.1 million, consisting of damages and disallowed trustee's commissions, plus unspecified legal fees in the respective proceedings.   For both legal proceedings, the Bank agreed to participate in non-binding mediation which began November 10, 2014.  As a result of mediation and in anticipation of a settlement with both parties, the Bank's Board of Directors approved the establishment of an accrual for legal settlement in the amount of $4.3 million as of September 30, 2014.  In the event that a formal agreement is not executed, legal proceedings will continue in the Surrogate's Court.  The first trial is scheduled to begin January 12, 2015 and the second trial is scheduled to begin February 23, 2015.
 
In the normal course of business, there are various outstanding claims and legal proceedings involving the Corporation or its subsidiaries.  Except for the above matter, we believe that we are not a party to any pending legal, arbitration, or regulatory proceedings that could have a material adverse impact on our financial results or liquidity.