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STOCKHOLDERS' EQUITY
12 Months Ended
Dec. 31, 2013
Equity [Abstract]  
Stockholders' Equity Note Disclosure [Text Block]
14.
STOCKHOLDERS’ EQUITY
 
(a)
Regulatory Capital Requirements – The Corporation and the Bank are subject to regulatory capital requirements administered by federal banking agencies. Capital adequacy guidelines and, additionally for banks, prompt corrective action regulations 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 regulators. Failure to meet capital requirements can result in regulatory action.
 
Prompt corrective action regulations 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 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.
 
Quantitative measures established by regulation to ensure capital adequacy require the Corporation and the Bank to maintain minimum amounts and ratios (set forth in the following table) of Total and Tier 1 capital (as defined in the regulations) to risk weighted assets (as defined) and of Tier 1 capital (as defined) to average assets (as defined).
 
As a result of the Consent Order the Bank entered into with the FDIC and KDFI described in greater detail in Note 2, the Bank is categorized as a "troubled institution" by bank regulators, which by definition does not permit the Bank to be considered "well-capitalized".
 
On March 9, 2012, the Bank entered into a new Consent Order with the FDIC and KDFI. The 2012 Consent Order requires the Bank to achieve the same minimum capital ratios mandated by the January 2011 Consent Order, which are set forth below. See Note 2 for additional information.
 
Our actual and required capital amounts and ratios are presented below.
 
(Dollars in thousands)
 
 
 
 
 
 
 
 
For Capital
 
 
Required by
 
 
 
Actual
 
 
Adequacy Purposes
 
 
Consent Order
 
 
 
Amount
 
Ratio
 
 
Amount
 
Ratio
 
 
Amount
 
Ratio
 
As of December 31, 2013:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Total risk-based capital (to risk- weighted assets)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Consolidated
 
$
68,477
 
 
12.13
%
 
$
45,174
 
 
8.00
%
 
$
67,761
 
 
12.00
%
Bank
 
 
76,147
 
 
13.48
 
 
 
45,177
 
 
8.00
 
 
 
67,765
 
 
12.00
 
Tier I capital (to risk-weighted assets)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Consolidated
 
 
58,036
 
 
10.28
 
 
 
22,587
 
 
4.00
 
 
 
N/A
 
 
N/A
 
Bank
 
 
69,057
 
 
12.23
 
 
 
22,588
 
 
4.00
 
 
 
N/A
 
 
N/A
 
Tier I capital (to average assets)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Consolidated
 
 
58,036
 
 
6.68
 
 
 
34,737
 
 
4.00
 
 
 
78,158
 
 
9.00
 
Bank
 
 
69,057
 
 
7.96
 
 
 
34,706
 
 
4.00
 
 
 
78,088
 
 
9.00
 
 
(Dollars in thousands)
 
 
 
 
 
 
 
For Capital
 
Required by
 
 
 
Actual
 
Adequacy Purposes
 
Consent Order
 
 
 
Amount
 
Ratio
 
 
Amount
 
Ratio
 
 
Amount
 
Ratio
 
As of December 31, 2012:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Total risk-based capital (to risk- weighted assets)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Consolidated
 
$
68,791
 
 
11.36
%
$
48,438
 
 
8.00
%
$
72,657
 
 
12.00
%
Bank
 
 
73,951
 
 
12.21
 
 
48,439
 
 
8.00
 
 
72,658
 
 
12.00
 
Tier I capital (to risk-weighted assets)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Consolidated
 
 
57,471
 
 
9.49
 
 
24,219
 
 
4.00
 
 
N/A
 
 
N/A
 
Bank
 
 
66,256
 
 
10.94
 
 
24,219
 
 
4.00
 
 
N/A
 
 
N/A
 
Tier I capital (to average assets)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Consolidated
 
 
57,471
 
 
5.67
 
 
40,580
 
 
4.00
 
 
91,304
 
 
9.00
 
Bank
 
 
66,256
 
 
6.53
 
 
40,608
 
 
4.00
 
 
91,368
 
 
9.00
 
 
(b)
Dividend Restrictions – Our principal source of funds for dividend payments is dividends received from the Bank. Banking regulations limit the amount of dividends that may be paid without prior approval of regulatory agencies. Under these regulations, the amount of dividends that may be paid in any calendar year is limited to the current year’s net profits, combined with the retained net profits of the preceding two years, subject to the capital requirements described above. The Bank’s Consent Order with the FDIC and KDFI requires us to obtain the consent of the Regional Director of the FDIC and the Commissioner of the KDFI to declare and pay cash dividends. The Corporation has also entered into an agreement with the Federal Reserve to obtain regulatory approval before declaring any dividends. The Corporation may not redeem shares or borrow funds without prior approval.
 
(c)
Liquidation Account – In connection with our conversion from mutual to stock form of ownership during 1987, we established a “liquidation account”, currently in the amount of $608,000 for the purpose of granting to eligible deposit account holders a priority in the event of future liquidation. Only in such an event, an eligible account holder who continues to maintain a deposit account will be entitled to receive a distribution from the liquidation account. The total amount of the liquidation account decreases in an amount proportionately corresponding to decreases in the deposit account balances of the eligible account holders.
 
(d)
Capital Purchase Program – On January 9, 2009, we sold $20 million of Senior Preferred Shares to the U.S. Treasury under the terms of its Capital Purchase Plan. The Senior Preferred Shares constitute Tier 1 capital and rank senior to our common shares. The Senior Preferred Shares paid cumulative dividends at a rate of 5% per annum for the first five years and reset to 9% per year on January 9, 2014. The Senior Preferred Shares may be redeemed at any time, subject to prior regulatory approval. On April 29, 2013, Treasury sold our Senior Preferred Shares to six funds in an auction.  Following the sale, the full $20 million stated value of our Senior Preferred Shares remains outstanding and our obligation to pay deferred and future dividends continues until our Senior Preferred Shares are fully retired. See Note 12 for additional information.