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COMMENTS UPON BANK'S RESPONSE TO
COMPTROLLER'S PROPOSED REQUIREMENTS.

O f f e r of c a p i t a l increase, e i t h e r common or p r e f e r r e d , i n the t o t a l
amount of $50,000,000 c a p i t a l funds.

Amount seems inadequate i n

consideration of e n t i r e program o f f e r e d .
( a ) Would suggest preferred stock f o r any increaae i n
c a p i t a l , whether sold to shareholders, the p u b l i c ,
or the Government, because ( l ) i t should be cheaper
c a p i t a l end would provide more cushion from earnings
f o r other c o r r e c t i o n s , and ( 2 ) the sale of p r e f e r r e d
/

stock.would creste less problems w i t h respect to
representations than would the sale of common stock,
end ( 5 ) p r e f e r r e d stock c a r r i e s w i t h i t

certain

r i g h t s or p r i v i l e g e s of retirement end conversion
OLAJ
w e d i e a t e d em f u t u r e eii LUJieUiiHOaei which ahrwrtJfrtie
4
Z?u
&
erf advantage -te the management and the common stockholders.
Interpose no o b j e c t i o n to unallocated reserve of $5,000,000
tt

peatsaiiiin/1 m a l u i b write-ups and inadequate depreciation aa

determined J&siTa complete

survey^ and analysis of the 1

U e M t s p g t r t t g the-1 spur I uf w h m H w

of Avgawt

k-nrunE 1— banking premises, including f u t u r e and former premises,
with the understanding t h a t i n case the f a c t s ss subsequently
developed i n d i c a t e t h a t $5,000,000 i s inadequate, the d e f i c i e n c y
weaaW- have t o be met out of current earning a.




-25.

Regular amortization* to be charged against current earnings.
U n t i l otherwise advised by the Comptroller's O f f i c e , one-half
of net bond p r o f i t s to be set aside i n reserves as an accelerat i o n against the elimination of the premium account.

4.

See No. 2 .

5.

No comment.

6.

Immediate steps sb<all be taken^by the bank t o obtain from C a l i f o r n i a
Lands and C a p i t a l Company the pledge .-of additional c o l l a t e r a l consisting of f r e e assets of those companies equal i n value to a t
l e a s t 25% of the unpaid balance of t h e i r respective contracts with
the bank.

7.

AgjgOe, provided costs are defined and understood by committee.
w
i
*
*'
Prefer book value of loan i n preference to cost.

8.

No comment.

9.

No comment, provided the language includes a f f i l i a t e s and associated
companies.

10.

No comment.

11.

No comment.

12.

No comment.

The bank's response, to which the foregoing comments have been
d i r e c t e d , does not cover the following points, which should be included:
1.

The bank should take immediate stjgps through Merchants National Realty
cui ^ijrfki Ai £0
(
Company to obtain the pledge^of c o l l a t e r a l adoqmtlj i n value to p i u -

)

.^teet-the-Realty Oumpemyageiasi ,m jsertMfOtloso of 25% i n the amount
if
• *
of the contracts between.the Realty Companyml fiajrttifc.-ftwf anyr



Umu o f such* pledge of additional collateral, the bank shall set
up a reserve from i t s undivided profits 4>o cover-e-'poeeibjbe lose
in an equivalent amount«ir»4rie-i«veetMent in Merchants National
Realty Coa^aaay.
2.

Other real estate carried as such on the books of the bank.

There

should be set up an additional reserve from undivided profits
equivalent to 25% of the carrying value of such other real estate.
5.

Large lines.

1?e s t i l l recommend the treatment of large lines i n

substantially frh a . e a a e e h i o n as suggested in the Comptroller's
original requirements, with proper safeguarding language.