The full text on this page is automatically extracted from the file linked above and may contain errors and inconsistencies.
N ANNUAL REPORT OF THE FEDERAL DEPOSIT INSURANCE CORPORATION 1976 V. J Ill L E T T E R OF T R A N S M I T T A L F E D E R A L DEPOSIT INSURANCE CORPORATION Washington, D.C., May 31, 1977 SIRS: In accordance with the provisions of section 17(a) of the Federal Deposit Insurance Act, the Federal Deposit Insurance Corporation is pleased to submit its annual report fo r the calendar year 1976. This report is a reprint of the report issued on March 1 expanded to include bank merger decisions, statistical tables, and other updated information pertinent to the operations of the Corporation. Very truly yours, ET. ROBERT E. BARNETT Chairman THE PRESIDENT OF THE SENATE THE SPEAKER OF THE HOUSE OF REPRESENTATIVES IV FEDERAL DEPOSIT INSURANCE CORPORATION V FEDERAL DEPOSIT INSURANCE CORPORATI ON BOARD OF DIRECTORS C hairm an...................................................................... .........Robert E. Barnett D ire c to r........................................................................ , . .George A. LeMaistre Comptroller o f the Currency (Acting) ...................... ............. Robert Bloom OFFICIALS Assistant to the Chairman (P o lic y )............................ ........... Paul M. Horvitz Assistant to the Chairman (Administration and Management) ........................ Alfred H. Teichler, Jr. Assistant to the Director ........................................... John C. H. Miller, Jr. Assistant to the Director (Comptroller o f the Currency) .............................. ........... Joseph M. Ream Executive S e cretary.................................................... ............... Alan R. Miller Director, Division o f Bank Supervision...................... ............... John J. Early General Counsel........................................................... ............... Miles A. Cobb C o ntroller...................................................................... . . Edward F. Phelps, Jr. Chief, Division o f Liquidation ................................... ............. George W. Hill Director, Division o f Management Systems and Economic A n a ly s is ........................................... .........Robert P. Rogers Director, Office o f Corporate Planning...................... Stanley C. Silverberg Director, Office o f Corporate A u d its ........................ Robert D. Hoffman Director, Office o f Bank Customer A ffa irs ............... .........Thomas C. O'Neil Director, Office o f Employee R elations.................... ............... Joe S. Arnold Special Assistant to the Chairman .................................Robert F. Miailovich Special Assistant to the Director ...................................C. F. Muckenfuss, 111 Executive Assistant to the B o a rd .............................. Tim othy J. Reardon, Jr. D ecem ber 3 1 , 1 9 7 6 VI FEDERAL DEPOSIT INSURANCE CORPORATION REGIONS REGIONAL DIRECTORS Minneapolis Anthony S. Scalzi 730 Second Avenue South, Suite 266 Minneapolis, Minnesota 55402 New York Claude C. Phillippe 345 Park Avenue, 21st Floor New York, New York 10022 Omaha Burton L. Blasingame 1700 Farnam Street, Suite 1200 Omaha, Nebraska 68102 Philadelphia Frank T. Locki 5 Penn Center Plaza, Suite 2901 Philadelphia, Pennsylvania 19103 Richmond John Stathos 908 E. Main Street, Suite 435 Richmond, Virginia 23219 St. Louis Robert V. Shumway 720 Olive Street, Suite 2909 St. Louis, Missouri 63101 San Francisco Charles E. Doster 44 Montgomery Street, Suite 3600 San Francisco, California 94104 Atlanta Lewis C. Beasley 2 Peachtree St., N.W., Suite 3030 Atlanta, Georgia 30303 Boston Edwin B. Burr 2 Center Plaza, Room 810 Boston, Massachusetts 02108 Chicago James A. Davis 233 S. Wacker Drive, Suite 6116 Chicago, Illinois 60606 Columbus John R. Curtis 37 West Broad Street, Suite 600 Columbus, Ohio 43215 Dallas Quinton Thompson 300 North Ervay Street, Suite 3300 Dallas, Texas 75201 Madison Bernard J. McKeon 1 South Pinckney Street, Room 813 Madison, Wisconsin 53703 Memphis Roy E. Jackson 165 Madison Avenue, Suite 1010 Memphis, Tennessee 38103 December 31, 1976 FEDERAL DEPOSIT Main 550 Office: 17th INSURANCE Street, CORPORATION N. W., W a s h i n g t o n , D. C., 2 0 4 2 9 VI I CONTENTS Chairman's statem ent................................................................................... xi PART ONE OPERATIONS OF THE CORPORATION Promoting sound banking............................................................................ 3 Protecting depositors................................................................................... 17 Enforcing consumer and investor legislation.............................................. 24 Administration of the Corporation............................................................. 27 Finances of the C orporation........................................................................ 30 PART TWO ENFORCEMENT PROCEEDINGS Actions to terminate insured status ........................................................... 43 Cease-and-desist a c tio n s .............................................................................. 47 PART THREE MERGER DECISIONS OF THE CORPORATION Bank absorptions approved by the C orporation....................................... 57 Bank absorption denied by the Corporation.............................................. 107 PART FOUR REGULATIONS AND LEGISLATION Rules and regulations................................................................................... 113 Federal Legislation....................................................................................... 114 PART FIVE STATEMENTS BY CORPORATION DIRECTORS Selected addresses and Congressional testim ony....................................... 119 PART SIX STATISTICS OF BANKS AND DEPOSIT INSURANCE Number of banks and branches ................................................................. 212 Assets and liabilities of banks...................................................................... 233 Income of insured banks ............................................................................ 255 Banks closed because of financial difficulties; FDIC income, disbursements, and losses................................................ 271 V III TABLES NUMBER OF BANKS AND BRANCHES: Explanatory note ............................................................................................................. 101. Changes in number and classification of banks and branches in the United States (States and other areas) during 1976 .................................................. 212 214 102. Changes in number of commercial banks and branches in the United States (States and other areas) during 1976, by S ta te .............................................. 216 103. Number of banking offices in the United States (States and other areas), December 31, 1976 Banks grouped by insurance status and class o f bank, and by State or area and type o f o f f ic e ................................................................................. 218 104. Number and assets of all commercial and mutual savings banks (States and other areas), December 31, 1976 Banks grouped by class and asset size......................................................... 227 105. Number, assets, and deposits of all commercial banks in the United States (States and other areas), December 31, 1976 Banks grouped by asset size and S ta te ....................................................... 228 ASSETS AND LIA B ILITIE S OF BANKS: Explanatory note ............................................................................................................. 106. Assets and liabilities of all commercial banks in the United States (States and 233 o th e r areas), Ju n e 3 0 , 1 9 7 6 Banks grouped by insurance status and class o f b a n k .............................. 235 107. Assets and liabilities of all commercial banks in the United States (States and other areas), December 31, 1976 Banks grouped by insurance status and class o f b a n k ............................... 239 108. Assets and liabilities of all mutual savings banks in the United States (States and other areas), June 30, 1976, and December 31, 1976 Banks grouped by insurance status............................................................. 243 109. Assets and liabilities of insured commercial banks in the United States (States and other areas), December call dates, 1971-1976 ....................................... 245 110. Assets and liabilities of insured mutual savings banks in the United States (States and other areas), December call dates, 1971-1976 ............................ 248 111. Percentages of assets, liabilities, and equity capital of insured commercial banks operating throughout 1976 in the United States (States and other areas), December 31, 1976 Banks grouped by amount o f assets........................................................... 250 112. Percentages of assets and liabilities of insured mutual savings banks operating throughout 1976 in the United States (States and other areas), December 31, 1976 Banks grouped by amoun t o f assets........................................................... 251 113. Distribution of insured commercial banks in the United States (States and other areas), December 31, 1976 Banks grouped according to amount o f assets and by ratios o f selected items to assets or deposits .......................................................................... 252 IX INCOME OF INSURED BANKS: Explanatory note ............................................................................................................. 114. Income of insured commercial banks in the United States (States and other areas), 1971-1976 .............................................................................................. 255 258 115. Ratios of income of insured commercial banks in the United States (States and other areas), 1971-1976 ............................................................................ 260 116. Income of insured commercial banks in the United States (States and other areas), 1976 Banks grouped by class o f b a n k ................................................................. 261 117. Income of insured commercial banks operating throughout 1976 in the United States (States and other areas) Banks grouped by amount o f assets........................................................... 263 118. Ratios of income of insured commercial banks operating throughout 1976 in the United States (States and other areas) Banks grouped by amount o f assets........................................................... 265 119. Income of insured mutual savings banks in the United States (States and other areas), 1971-1976 .............................................................................................. 267 120. Ratios of income of insured mutual savings banks in the United States (States and other areas), 1971-1976 ............................................................................ 269 BANKS CLOSED BECAUSE OF FINANCIAL DIFFICULTIES; FDIC INCOME, DISBURSEMENTS, AND LOSSES: Explanatory note ............................................................................................................. 121. Number and deposits of banks closed because of financial difficulties, 1934-1976........................................................................................................... 272 273 122. Insured banks requiring disbursements by the Federal Deposit Insurance Corporation during 1976 ................................................................................. 274 123. Depositors, deposits, and disbursements in failed banks requiring disburse ments by the Federal Deposit Insurance Corporation, 1934-1976 Banks grouped by class o f bank, year o f deposit payo ff or deposit assumption, amount o f deposits, and State .............................................. 276 124. Recoveries and losses by the Federal Deposit Insurance Corporation on principal disbursements for protection of depositors, 1934-1976 ............... 279 125. Analysis of disbursements, recoveries, and losses in deposit insurance transactions, January 1, 1934-December 31, 1976 ....................................... 280 126. Income and expenses, Federal Deposit Insurance Corporation by year, from beginning of operations, September 11, 1933, to December 31, 1976 . . . . 281 127. Protection of depositors of failed banks requiring disbursements by the Federal Deposit Insurance Corporation, 1934-1976 ..................................... 282 128. Insured deposits and the deposit insurance fund, 1934-1976 ............................ 283 XI CHAIRMAN'S STATEMENT The last few years have been traumatic ones for the United States banking indus try. The worst recession since the Great Depression of the 1930s, combined with d o u b le -d ig it inflation, imposed great strains on the banking system. More bank failures occurred in 1976 than in any year since 1942. The eight largest bank failures in the FDIC's history took place in the 39-month period from October 1973 to December 1976—banks whose assets ag gregated over 3 1/2 times as many assets as all the other insured banks that have been closed during the entire history of the FDIC. Yet, despite these strains, and the generation of a great deal of unfavorable publicity, the public's basic confidence in the banking system and the deposit insur ance system appears to be unshaken. A t all times during 1976, for example, at least 97-98 percent of all the insured banks in the country were n ot on the FDIC problem list; only around 2-3 per cent of them were. The strains on the banking system in the last few years were not at all insignifi cant. Not only did they lead to 16 in sured bank failures in 1976, but they also raised the number of banks on our prob lem list to the highest level in 28 years. A t the end of the year, there were 379 FDIC-insured banks on our list of banks we feel supervisors should be paying par ticular attention to, the list we call our "problem " list, or about 214 percent of all insured banks. While this is a very low percentage, far fewer than that, consider ably less than 1 percent of all banks in the country, are in our serious problem categories. One new aspect of the problem list now, as distinct from a few years ago, is that the list includes some large banks (banks with over $500 m illion in de posits) and a few very large banks (over $1 billion in deposits). Of course, there are many more banks in those size cate gories now than there were in the past, so the appearance of some of these banks on a problem list is more likely now than previously. But it must be recognized that in recent years larger banks assumed greater risks on both sides of their bal ance sheets. That fact, combined with the unsatisfactory performance of the econ omy, has led to problem status for a few of these larger banks. The FDIC was not established, of course, to eliminate bank failures or to prevent banks from assuming risks. Dur ing periods such as the one we have been passing through, the FDIC has as its major function that of assuring that an individual bank failure does not lead to drastic repercussions. Our major function in these circumstances is one of maintain ing confidence in the banking system so that the occasional failure, which is an essential part of a free enterprise system, can be handled w ith a minimum of dis ruption to the economy and the com munity. The FDIC has successfully met the test which recent events have thrust upon it. If, 5 years ago, we could have forecast the most severe recession since the Depres sion of the '30s, simultaneous high un employment and rapid inflation, the collapse of the m ulti-billion dollar REIT industry, bankruptcies of major industrial corporations, as well as failures of some larger banks, we might have had great concern about the ability of the banking system to avoid a major crisis of confi dence. Such a crisis has not developed. To be sure, this required massive action on an unprecedented scale by the FDIC. The concept of a "clean bank" purchase and assumption transaction, one in which a take-over bank purchases only good assets from the estate of the failed bank, with the FDIC substituting cash for the assets not taken by the take-over bank, has been applied in the past 3 years by the Cor poration to larger banks. By doing so, the Corporation has removed from the bank ing system between October of 1973 and XII F E D E R A L DEPOSIT INSURANCE CO RPORATION December 31, 1976, over $3.7 billion of questionable assets, including all the worst assets of all the failed insured banks. This represents a substantial re moval of poor quality assets from the banking system. Just as important as the "clean bank" purchase and assumption approach has been the Corporation's determination to attempt to arrange a purchase and as sumption in each failed bank situation, rather than pay depositors their insured amounts. This approach, and our ability to implement it not only in all larger bank failures but in nearly all failures re gardless of bank size, has contributed significantly to customer confidence in the banking system. Only three banks whose total deposits aggregated only about $18 million, were paid out in 1976. The size and complexity of the Cor poration have grown dramatically during the past few years. The Corporation now supervises 9,009 commercial and mutual savings banks, an increase of 86 during 1976 and an increase of 798 during the past 5 years. These banks at year-end 1976 had assets totaling $355.6 billion, an increase of $34.1 billion in assets of banks supervised by the Corporation from the end of 1975, and an increase of $151.4 billion during the preceding 5 years. We now supervise three times as many banks with deposits over $100 m il lion as the Federal Reserve System, and are approaching the number of banks of this size supervised by the Comptroller of the Currency. More banks with deposits of over $1 billion are supervised by the FDIC than by the Federal Reserve Sys tem. We are currently liquidating over $2.6 billion of assets in our Division of Liqui dation. These assets are considerably larg er and more d iffic u lt to liquidate than those in earlier liquidations and our re covery record w ill not be as high when the books are finally closed on these liquidations as it has been in the past. The number of Corporation employees now totals 3,535, an increase of 261 dur ing 1976, and an increase of 928 during the past 5 years. Our expenditures, of which at least 83 percent are for em ployee compensation and examiners' trav el, totaled $75 m illion for 1976, an in crease of $8 m illion from the previous year and an increase of $33 m illion from 5 years ago. The increase in expenditures during the past 5 years is directly trace able to governmental pay and reimburse ment increases, increases in number of employees, and inflation. The largest part of the increase in number of employees is directly related to the increase in the number and size of banks supervised and to the number and size of liquidations we are administering. In addition, a number of employees have been added to deal with relatively new responsibilities that the Corporation has been given during the past few years. For example, while it is d iffic u lt to estimate precisely, it appears that the Corporation is spending the equivalent of 230 thou sand man-hours each year in enforcing consumer laws. There has not been a fundamental change in the deposit insurance system since its inception. The performance of the banking industry and the FDIC dur ing this recent d iffic u lt economic period has been good and suggests that drastic change may be unnecessary. Nevertheless, in an attempt to confirm or refute this and to review systematically our entire operations, we launched during 1976 a major analysis of the premises and pro cedures of our system of Federal deposit insurance. This review covers the extent of deposit insurance, the financing of the deposit insurance system, and our meth ods of handling bank failures. In addition, we are giving special attention to the in ternational aspects of deposit insurance to determine whether that change in the nature of that important segment of the banking business requires some change in the deposit insurance system. Any rec ommendations arising from our study w ill C H A IR M A N 'S STATEM EN T be reported during 1977. We have also been reviewing the proc ess of bank examination, which is our major tool for preventing bank failures. Some changes, which had been initiated by the FDIC on an experimental basis in 1975, were implemented more fu lly in 1976 and w ill be accelerated in 1977. A dramatically revised procedure for exam ining and supervising banks was adopted in November when amended General Memorandum No. 1 was approved. The new approaches to the examination func tion are designed to deploy more effec tively the resources needed to meet an increasing work load, to marshal efforts in the appropriate areas, and to maintain technical competence in the face of in creasing sophistication in operating and management systems of banks. Specific changes include the use of a modified examination for smaller banks that do not present supervisory problems, both computerized and manual monitoring techniques to anticipate problem bank situations and to keep banks under sur veillance between examinations, more in tensive use of statistical sampling tech niques, and automated bank examination packages. The FDIC has been experimenting since 1974 w ith the elimination of some FDIC bank examinations in three States deemed to have appropriate and effective State bank examination procedures, Georgia, Iowa, and Washington. A t the conclusion of that experiment in 1976, and as a result of what was learned, an agreement has been reached with the State of Georgia whereby examinations of a large portion of the total nonprob lem State-chartered banks in Georgia will be conducted by the State and the FDIC on an alternate year basis. While it ap pears at this time that Iowa does not wish to continue the experimental program and instead wants the FDIC to return to the examination status that was in effect before the first year of the withdrawal experiment, the Corporation is in the proc X III ess of discussing programs similar to the one to be begun in Georgia with Washing ton and other States. Agreements w ith other States should save substantial exam ination time by eliminating some duplica tion of State and FDIC examinations, it will permit State banking departments to improve both the quality and size of their examination staffs at a rate that can be absorbed by State budgets, and it will permit the FDIC to deploy its resources more vigorously in examining problem or more d iffic u lt banks. This improved cooperation and coordi nation w ith the States, as well as the other changes in our examination pro cedures, are designed to permit the rede ployment of more of our resources to banks that have problems, or that because of their size and scope of operations are of particular concern to the FDIC. Banks that warrant it will be examined more fre quently and more intensively than in the past, while banks in good condition will be examined less frequently by the FDIC but w ill still be monitored through care ful review of information supplied by the bank itself. When our examination process detects weakness in a bank, we have several means of dealing with the situation, both formal and informal. Over the last few years, there has been a trend in the direc tion of more frequent initiation of formal actions, generally cease-and-desist orders issued pursuant to section 8(b) of the Federal Deposit Insurance Act. While in formal approaches are often successful, the trend toward greater use of formal actions was accelerated in 1976. There were 41 cease-and-desist proceedings in iti ated in 1976, compared with 8 in 1975 and only 7 as recently as 1971. Section 8(a) orders., withdrawal of in surance, have remained rather constant in numbers during similar periods with 8 being initiated during 1976 and 5 each in the years 1975 and 1972. Federal deposit insurance was terminated in one bank during 1976, First State Bank & Trust XIV FE D E R A L DEPOSIT INSURANCE CO RPO RATIO N Co., Rio Grande City, Texas, and the bank failed shortly thereafter. Major steps were taken by the FDIC during 1976 to increase efforts at enforc ing bank customer oriented laws and reg ulations. Not only was a director fo r the Office of Bank Customer Affairs selected and the efforts of that office begun to be felt during 1976, but section 8(b) ceaseand-desist orders for violations of the Truth in Lending Law were issued for the first time since 1973. Also instituted was a sample survey aimed at improving en forcement of Fair Housing Lending (Title V III of the Civil Rights Act of 1968), and based on what is learned from analysis of the sample survey, we plan to extend that program during 1977. Increased training for examiners was part of our program during 1976, as were changes and im provements in our consumer complaint investigation procedure. Our analysis of bank problems in the past has led us to conclude that an in creasing responsibility for bank safety and success must lie with the board of directors of the bank. During 1976 mem bers of the Board of Directors of the Cor poration and members of the FDIC staff p a rticip a te d in educational programs aimed at directors of banks and we have announced a policy of conducting meet ings between the bank examiner and the board of directors of banks on a more frequent basis than previously. Since we have found that a number of bank fail ures and bank problems have resulted from improper dealings between the bank and its insiders, we issued a new regula tion in 1976 requiring approval of signifi cant insider transactions by the board of directors of each nonmember bank. Under the present bank regulatory structure, the FDIC does not directly supervise all the banks it insures. Even though the Federal Deposit Insurance Act perm its the Corporation to examine member banks "fo r insurance purposes," the Senate Banking Committee in its re port accompanying the 1950 amend ments to the FDI A ct made it clear that this was not to mean that the Corpora tion would conduct any systematic exam ination program of member banks. Thus, the FDIC has a need for coordination be tween itself and the other supervisory agencies. There are several mechanisms for assuring this needed cooperation, one obvious one being the membership of the Comptroller of the Currency on the Board of Directors of the FDIC. This gives the Comptroller a good understand ing of the status of major matters at the FDIC and provides the opportunity on a regular basis for other FDIC Board mem bers to ask questions of the Comptroller concerning his operations. During 1976 meetings were held on an approximate monthly basis of the Interagency Coordi n a tin g Committee, consisting of the Chairman of the Federal Deposit Insur ance Corporation, the Comptroller of the Currency, the Chairman of the Federal Home Loan Bank Board, the Vice Chair man of the Board of Governors of the Federal Reserve System, and a representa tive of the Secretary of the Treasury. The Coordinating Committee considers all matters that involve more than a single agency's activities, and during 1976 con sidered such issues as interest rate ceil ings, supervisory treatment of certain bank assets, regulations on pooling of deposits, transfers from savings to check ing accounts, new deposit instruments, and many others. The FDIC might know more about all the banks it insures if it had a representa tive in the offices or on the boards of the other bank regulatory agencies. But even absent such representation, we believe the opportunity for extensive cooperation and coordination not only exists but is taken frequently and extensively. Because of this, we feel that we have, in general, an accurate and current knowledge of banks not supervised by us that present a significant risk to the deposit insurance fund. In the interest of consistency and uni XV C H A IR M A N 'S ST A T E M E N T form ity, the Comptroller of the Currency launched a program in 1975 aimed at pro viding a uniform classification of certain large credits participated in by several banks in which a national bank was the lead bank. This assures that a loan to a given company w ill be treated in a con sistent fashion by all national bank exam iners. The FDIC had observers at the loan discussions in this program in 1976 and has concluded that the reviews were gen erally consistent with reviews Corpora tion examiners would have made were they faced with the same loans. We antic ipate participating in such reviews in 1977 and are now applying the results to the same credits when they appear in State nonmember banks. The FDIC has long had an extensive and sophisticated training program for examiners, including the most modern, spacious, and useful classrooms, as well as the most extensive curriculum, of all the banking agencies. Our long-run planning indicates a need for increased facilities to handle our growing needs fo r examiner training. In the interest of coordination and efficiency, we have proposed to the Comptroller of the Currency and the Federal Reserve that they consider partic ipating with us in an expanded joint train ing facility. Along the same lines, we have proposed to the Comptroller of the Cur rency consideration of a jo in t computer facility. We have received responses from both agencies which encourage us to be lieve that some useful joint facility can be developed. The process of bank supervision is facilitated by contact w ith executives of the supervised institutions and representa tives of bank customer groups. In 1975 the FDIC began a series of meetings be tween officials of the FDIC and chief executive officers of insured nonmember banks. During 1976 two such meetings were held on a regional basis with com mercial bankers and two with mutual sav ings bank officers. While these meetings covered a variety of topics, we gained a clear impression of the controversial m a tte rs th a t most concern bankers around the country. Payment of interest on demand deposits and NOW accounts, as well as interest rate ceilings on time deposits and competition between com mercial and th rift institutions, appeared to be the most important concern of the banking community. A close second was concern about the growth of regulations pertaining to consumer protection and the burden of government paperwork re quirements generally. Preservation of the dual banking system also was a matter of great importance to the bankers who at tended these meetings. As yet, a program to get systematic input from bank customers has not been developed. We do hear frequently from customers (over 4,000 inquiries or com ments were received during 1976 from bank customers), and FDIC representa tives have both attended and hosted meetings of consumer groups. We hope that a more regular means of communica tion w ith bank customers can be devel oped in 1977. ^ X i B. Robert E. Barnett Chairman OPERATIONS OF THE CORPORATION PART ONE V. 3 PROMOTING SOUND BANKING The Corporation has some supervisory authority with respect to all insured banks, and has general supervisory re sponsibilities for insured banks that are not members of the Federal Reserve System. It also has authority, imple mented in Part 329 of its Regulations, with respect to noninsured mutual savings banks to establish maximum rates of interest payable on time deposits. There has been rapid growth in the number, size, and complexity of the banks falling w ith in the Corporation's supervisory mandate over the past decade. Between year-end 1966 and year-end 1976, the number of insured nonmember commer cial and mutual savings banks increased from 7,724 to 9,009. Assets of insured nonmember commercial banks totaled $234.8 billion as of December 31, 1976, representing 23.2 percent of all insured commercial bank assets (domestic) com pared with just 16.6 percent in 1966. In December 1976, there were 329 mutual savings banks insured by the FDIC, with total assets of $115.3 billion. Examinations. In 1976, the Corpora tion changed its policy of examining every insured nonmember bank every year and put into effect a system that recognizes the basic differences among banks associated with size and allocates more time to the examination of banks th a t require more attention. General Memorandum No. 1 set forth the new ex amination policy on examination priori ties, frequency, and scope and clarified areas which allow the FDIC Regional Directors some discretion while still main taining some uniform ity of approach. Top priority is accorded the examina tion of banks w ith known supervisory or financial problems. They w ill receive a full-scale examination at least once every 12 months. For banks with assets of less than $100 m illion that do not present supervisory or financial problems, and that meet criteria indicating satisfactory management, adequate capital, acceptable fidelity coverage, good earnings, and ade quate internal routine and controls, a modified examination is permitted for alternate examinations. The time between examinations will be stretched out so there w ill be one examination in each 18-month period, w ith no more than 24 months between examinations. Emphasis in such modified examinations w ill be placed on management policies and per formance; the evaluation of asset quality, distribution, and liquidity; capital ade quacy; and compliance with laws and reg ulations. Banks with assets of $100 m il lion or more that do not present super visory or financial problems w ill continue to receive a full-scale examination during each 18-month period, again with no more than 24 months between examina tions. But the examination is designed to make full use of the bank's own reporting capabilities and generally is tailored more to the size and the complexity of the bank than was the case heretofore. The program of bank examination out lined in General Memorandum No. 1 appears to be a better solution to effec tive allocation of examiner resources than the FDIC selective examination w ith drawal program. This program, which was initiated in Georgia, Iowa, and Washing ton in 1974, was continued on a modified basis in 1976. Under this program, the Corporation had withdrawn in these three States from its usual examination of in sured State nonmember banks and, for a specified number of such banks in each of the three States, agreed to rely heavily upon 1974 and 1975 examinations by the respective State banking departments for determination of their financial condi tion. In 1976, the Corporation examined the approximately 60 percent of insured nonmember banks in Georgia it had not examined in the previous 2 years, and also the 50 percent in Iowa and the 80 percent in Washington it had not exam ined in 1974 or 1975. During these exam inations in 1976, the FDIC analyzed F E D E R A L DEPOSIT INSUR ANCE CO RPO RATIO N 4 NUMBERS AND ASSETS OF COMMERCIAL BANKS IN THE UNITED STATES 1966-1976 NUMBER OF BANKS 15.000 - 10.000 I PROMOTING SOUND B A N K IN G these banks' current condition and tried to gain some measure of what their condi tion was at the time of the 1974 and 1975 examinations. The FDIC did not examine in these three States the banks it had examined in 1974 and 1975, leaving their examinations solely to the respec tive State banking departments. The evaluation of the 3-year experi ment suggests the feasibility of agree ments with various States whereby exami nations of a large portion of the non problem State-chartered banks would be conducted by the State and the FDIC on an alternate year basis. The resultant sub stantial saving of time w ill permit the Corporation's examiner force to concen trate on the examination and follow-up supervision of banks with known or more complex problems. Recent experience suggests that the new policy delineated in General Memorandum No. 1 w ill be more likely to insure the Corporation's fu lfill ment of its statutory responsibilities than withdrawal from examining banks in any 5 specific group of States. In addition to the on-site examinations of nonmember insured banks to deter mine their current condition, to evaluate their management, and to discover and obtain correction of any unsafe and un sound practices or violations of laws and regulations, the Corporation conducts special investigations in connection with applications for Federal deposit insur ance, mergers, establishment of branches, and other actions requiring the prior approval of the Corporation. Compliance is an area of increasing importance. The Corporation examines banks for compliance with certain Fed eral laws, including the Truth-in-Lending Act, the Fair Credit Reporting Act, the Bank Protection Act, the Bank Secrecy Act, and certain disclosure and equal opportunity laws, using a Compliance Ex amination Report. This report was devel oped specifically for the purpose and was tested during 1974 on banks in the selec tive withdrawal program. BANK EXAMINATION ACTIVITIES OF THE FEDERAL DEPOSIT INSURANCE CORPORATION IN 1975 AND 1976 Number A ctivity 1976 1975 Field examinations and investigations—total.............................................. Examinations of main offices-total................................................... 29,713 8,037 28,254 7,597 Regular examinations of insured banks not members of Federal Reserve S y s te m ........................................................................ Reexaminations or other than regular exam inations.............................. Entrance examinations of operating noninsured banks........................... Special exam inations.................................................................................... 7,829 187 19 2 7,354 207 26 10 Examinations of departments and branches......................................... 9,691 8,884 Examinations of trust departments............................................................ Examinations of branches........................................................................... 1,491 8,200 1,469 7,415 Investigations.................................................................................. 3,812 3,998 New bank investigations.............................................................................. State banks members of Federal Reserve S ystem .............................. Banks not members of Federal Reserve System................................. New branch investigations........................................................................... Mergers and co n s o lid a tio n s ........................................................................ Miscellaneous investigations........................................................................ 162 16 146 952 118 2,580 176 10 166 709 124 2,989 Compliance examinations................................................................. 8,173 7,775 6 FE D E R A L DEPOSIT INSURANCE CO RPO RATIO N Enforcement proceedings. After an ex am ination of an insured State non member bank, if the Corporation finds that the bank has been conducting its business in an unsafe or unsound manner, or has violated a law, rule, or regulation, or any agreement with a condition im posed in writing by the Corporation, it may initiate a cease-and-desist proceeding pursuant to section 8(b) of the Federal Deposit Insurance Act. The Corporation first attempts to correct the deficiencies through a consent cease-and-desist order. Bank management is given a proposed Notice of Charges detailing the objection able practices, proposed Findings of Fact and Conclusions of Law, and a proposed Order to Cease and Desist which contains a program designed to put the bank in compliance. The bank is given a reason able period of time to study the docu ments and consult with counsel. A meet ing is then held with the bank and the appropriate State supervisory authority to negotiate a consent to the issuance of the notice, findings, and order. If these efforts fail, the Corporation w ill initiate formal proceedings by issuing the notice of charges and setting a date for a hearing before an administrative law judge. After the presentation of evidence by both the bank and the Corporation, the adminis trative law judge submits a written deci sion and recommended order to the Board of Directors of the Corporation. The subsequent order issued by the Cor poration, which is based upon an inde pendent review of the entire case, can be appealed to a Federal Circuit Court of Appeals. In 1976 the Corporation had no formal hearings under section 8(b). Fifteen cease-and-desist orders against insured State nonmember banks were outstanding at the beginning of 1976. Be cause of substantial compliance, five of these orders were terminated during the year. During 1976, there were 49 staff recommendations to initiate cease-anddesist proceedings. Of these, 5 were w ith drawn prior to Board action because of substantial compliance or action by State authorities and 3 were in preparation at year-end and had not as yet been pre sented to the Board, leaving 41 ceaseand-desist proceedings actually initiated in 1976. Of these 41, 5 were summary ceaseand-desist orders issued pursuant to sec tion 8(c) of the Federal Deposit Insur ance Act after a determination that continuation of certain practices would either cause substantial financial damage to the bank or prejudice the interest of its depositors. These summary orders took effect upon service on the bank and re mained in effect until completion of cease-and-desist proceedings. Three of the summary orders were terminated during the year. As to the remaining 36 cease-anddesist proceedings initiated under section 8(b), 15 were still being negotiated with the banks affected at the end of 1976. Final orders were issued during the year with respect to the other 21 section 8(b) proceedings, in addition to 3 final orders issued during 1976 covering cease-anddesist proceedings initiated in 1975. This resulted in a total of 34 final section 8(b) orders outstanding at the end of 1976 (in cluding the 10 carried over from 1975). Listed below are some of the unsafe or unsound banking practices that were un covered by the Corporation and cited in most of its findings and orders: (1) inadequate capital in relation to the kind and quality of assets; (2) inadequate provisions for liquid ity; (3) failure to diversify its portfolio re sulting in a risk to capital; (4) extension of credit to insiders and affiliates of the bank who were not creditworthy, sometimes at a preferred rate; (5) weak ment; and self-serving manage (6) hazardous lending practices in volving extension of credit with PROMOTING SOUND B A N K IN G , (T h o u s a n d s ) 7 BANK EXAMINATIONS AND INVESTIGATIONS FEDERAL DEPOSIT INSURANCE CORPORATION 1 9 6 6 -1 9 7 6 inadequate documentation or for the purpose o f speculation in real estate; (7) an excessive portfolio of poor quality loans in relation to capital; and (8) violation of the Fair Credit Re porting A ct and Regulation Z of the Federal Reserve. Termination-of-insurance proceedings under section 8(a) of the Federal Deposit Insurance A ct can be initiated when the Corporation determines that a bank has been conducting its affairs in an unsafe or unsound manner and is in an unsafe and unsound financial condition. The bank and the proper regulatory authority are advised of the Corporation's findings and the bank is given a period o f up to 120 days to correct the deficiencies. If timely, satisfactory correction is not achieved, the Corporation may terminate the in sured status of the bank after an adminis trative hearing and due deliberation. The depositors of the bank are then notified of the termination, but each deposit (less subsequent withdrawals) continues to be insured fo r 2 years. A t the beginning of 1976, five termination-of-insurance proceedings were in progress. A ll five banks were closed by 8 F E D E R A L DEPOSIT INSURANCE CORPO RATIO N State authorities during the year. During 1976, 15 recommendations were received to initiate proceedings to terminate de posit insurance. The Corporation issued eight Findings of Unsafe or Unsound Practices and Condition and Orders of Correction initiating section 8(a) termina tion proceedings. After issuance of these orders, two banks were closed by their chartering authorities. In five instances the recommendations were withdrawn be cause of merger or substantial improve ment in the financial condition of the bank. Two banks were closed by the char tering authority prior to Board action. As a result, six deposit insurance termination proceedings were pending at year-end 1976. The Corporation also has statutory authority under section 8(e) of the Fed eral Deposit Insurance Act to remove an officer, director, or other person partici pating in the management of an insured State nonmember bank if it determines that the person has violated a law, rule, regulation, or final cease-and-desist order, has engaged in unsafe or unsound banking practices, or has breached his fiduciary duty. The act must involve personal dis honesty and entail substantial financial damage to the bank, or seriously prej udice the interests of the bank's depos itors. The Corporation may also sum marily suspend such a person pending the outcome of the removal proceeding in order to protect the bank and its depos itors. One removal proceeding, issued after an administrative hearing, which resulted in a summary suspension was challenged in a United States District Court in 1975, and this challenge to the summary sus pension was withdrawn in 1976. During 1976 no removal proceedings were in iti ated. Section 8(g) of the Federal Deposit Insurance Act authorizes the Corporation to suspend or remove officers, directors, and other persons participating in the af fairs of insured State nonmember banks who are indicted for a felony involving dishonesty or a breach of trust. During 1976, the statutory authority for sus pending individuals was ruled unconstitu tional by a three-judge Federal district court. (Feinberg v. FDIC, Civil Action No. 74-1150 (D.D.C. Aug. 13, 1976).) The decision will not be appealed to the Supreme Court. The Corporation's staff is working on legislation to propose to Con gress to cure the constitutional defects found by the court. Problem banks. By year-end 1976, the FDIC's problem bank list, which includes national banks and State member banks as well as nonmember banks, contained 379 banks, after reaching a peak of 385 during November 1976. Comparisons of time series on bank loan losses and num ber of banks on the problem list with broad economic indicators show a def inite connection between those bank problems and the state of the economy. Management and policy deficiencies make banks vulnerable to recessions and their problems are reflected on the FDIC prob lem list—only w ith a lag, however. This lag is attributable in part to the time it takes to examine a bank and complete the review and analysis processes, as well as the period between examinations. In previous economic cycles, the lag has averaged about 12 months, but in the 1974-75 downturn the lag has been some what longer—about 18 months. The con dition of the loan portfolio at the time of the most recent examination is an impor tant factor in assigning and retaining banks on the problem bank list, and be cause of the nature and severity of prob lems associated with REIT credits and other loans that were most affected by the 1974-75 recession, banks have needed a substantial amount of time to work out those problems. Taking all this into con sideration, the condition of the banking system at year-end 1976 was considerably stronger than it was at the end of the previous year. While the peak figure represented only PROMOTING SOUND B A N K IN G about 21/2 percent of all insured commer cial banks, it was nevertheless at its high est level in 28 years. It is important to note that at year-end 1976, 14,363 banks, or about 97.4 percent of the total number of insured banks in the U.S., were n ot considered problem banks by the FDIC. Moreover, the overall experi ence in recent years has been that about 75 percent of the banks listed on a given date will still be operating and w ill no longer be considered in the problem status 2 years later. Because the information on problem banks has frequently been misinterpreted by observers outside the bank supervisory area, a description of the FDIC problem bank designations and a rundown of addi tions to the list during 1976 are in order. The Division of Bank Supervision main tains a list of problem banks for internal supervisory purposes which is divided into three separate categories: 9 Serious Problem-Potential Payoff: An advanced serious problem situation with an estimated 50 percent chance or more of requiring financial assist ance from the FDIC. Serious Problem: A situation that threatens ultimately to involve the FDIC in a financial outlay unless dras tic changes occur. Other Problem: A situation wherein a bank contains significant weakness but where the FDIC is less vulnerable. Such banks require more than ordi nary concern and aggressive super vision. Analysis of problem bank lists since year-end 1973 indicates that about 34 percent of the banks that were at one time or another in the serious problempotential payoff category ultimately did fa il. An additional 11 percent were merged with other banks w ithout finan cial assistance by the Corporation, 1 per STATUS OF PROBLEM BANKS FEDERAL DEPOSIT INSURANCE CORPORATION DECEMBER 31, 1976 (Dollar amounts in thousands) Number of banks Total deposits Estimated insured deposits Total assets NONMEMBER Serious P ro b le m -P P O ..................... Serious Problem................................. Other Problem.................................... S u b to ta l........................... 19 72 210 301 $ 454,680 4,389,359 8,347,986 $13,192,025 $ 350,345 3,715,936 6,842,976 $10,909,257 519,980 4,878,592 9,187,538 $14,586,110 1 3 15 19 $ 4,432 73,996 21,448,253 $21,526,681 $ 3,767 55,398 4,095,470 $ 4,154,635 $ 4,898 85,596 27,435,905 $27,526,399 4 16 39 59 $ 59,337 2,148,675 22,226,377 $24,434,389 $ 40,243 1,188,858 7,842,844 $ 9,071,945 $ $ $ $ $ STATE MEMBER Serious P ro b le m -P P O ..................... Serious Problem................................. Other Problem.................................... S u b to ta l........................... N A TIO N A L Serious P ro b le m -P P O ..................... Serious Problem................................. Other Problem.................................... S u b to ta l........................... 67,328 2,563,489 29,441,531 $32,072,348 A L L PROBLEM BANKS Serious P ro b le m -P P O ..................... Serious Problem................................. Other Problem.................................... T o ta l................................. 24 91 264 379 518,449 6,612,030 52,022,616 $59,153,095 394,355 4,960,192 18,781,290 $24,135,837 592,206 7,527,677 66,064,974 $74,184,857 10 F E D E R A L DEPOSIT INSURANCE CO RPORATION cent received financial assistance from the FDIC, and the remaining 54 percent re ceived a less severe rating or were re moved from problem status. Problem status generally is accorded after analysis of the most recent examina tion report of a bank or consideration of other pertinent information. The FDIC's problem list is not limited to the non member banks it supervises but also in cludes national and State member banks. This list overlaps but does not duplicate the watch lists maintained by the Office of the Comptroller of the Currency and the Federal Reserve of the banks they supervise. Their watch lists include some banks with supervisory problems that apparently pose little risk to the insur ance fund. The FDIC maintains similar watch lists of banks at the regional level; such banks may require special super vision because of certain conditions that require corrections, but are not likely to involve any financial outlays by the FDIC. During 1976, 188 banks were added to the list and 158 were removed (16 by actual failure). The net increase of 30 was represented by increases of 31 in the other problem and 3 in the serious prob lem groups, and a decrease of 4 in the serious problem-potential payoff group. These changes represent substantially lower rates of increase than the dramatic changes in 1975. Most banks were in cluded because of loan portfolio weak nesses which were aggravated by the 1974-75 recession and, due to the type of credit involved, could not be resolved quickly. Of the 379 banks on the problem list at year-end, 60 had multi-bank holding co m p a n y affiliations while 52 were owned by one-bank holding companies. From a deposit-size standpoint, 31 prob lem banks had deposits between $50 and $100 m illion, 30 between $100 and $500 million, 7 between $500 m illion and $1 billion, and 8 w ith $1 billion or more. Banks on the list had total deposits of $59.2 billion, representing about IVi per cent of the total deposits of all banks. One hundred fifteen of the listed banks, compared w ith 116 at the end of 1975, were in the two most serious cate gories; however, 92 of these had deposits of less than $50 million. The remaining 23 banks in these two categories included 9 banks between $50 m illion and $100 million, 10 between $100 and $500 m il lion, 3 between $500 m illion and $1 bil lion, and 1 with deposits of $1 billion or more. There were no banks of over $200 m illio n considered serious problempotential payoff; 19 banks in this cate gory had deposits of less than $25 m il lion, while 4 had deposits of $25 to $50 million. Applications fo r deposit insurance and branches. Before approving an application for deposit insurance, the FDIC is re quired under section 6 of the Federal Deposit Insurance Act, to consider the financial history and condition of the bank, the adequacy of its capital struc ture, its future earnings prospects, the general character of its management, the convenience and needs of the commun ity, and the consistency of the bank's cor porate powers w ith the purposes of the act. National banks receive deposit insur ance upon their chartering and State member banks upon joining the Federal Reserve System—in both cases after certi fication by the responsible Federal agen cy that the criteria mentioned were given consideration. State nonmember banks apply directly to the Corporation fo r de posit insurance. The Corporation's Board of Directors considered 122 applications for Federal deposit insurance in 1976, approving 112 and denying 10 (4 of which were subse quently approved following amendment to the applications). Two banks were denied again a fte r reconsideration. Forty-four of the approved applications came from the 13 unit-banking States. A pplications from 22 State member banks for continuation of their insured PROM OTING SOUND B A N K IN G status following voluntary withdrawal of their membership from the Federal Re serve System were approved under dele gated authority by the Corporation's 14 Regional Directors, and 1 was approved by the Board of Directors. The Federal Deposit Insurance A ct re quires the Corporation's approval before an insured nonmember bank may estab lish or change the location of a branch office. A "branch" is defined in section 3(o) o f the act as . . any branch place of business . . . at which deposits are re ceived, or checks paid, or money lent." This definition includes tellers' windows and other limited service facilities that may not be "branches" under the laws of the respective States. O f 613 applications considered in 1976 for the Corporation's prior consent to the establishment of new branches, 135 were approved by the Corporation's Board of Directors and 476 were ap proved under delegated authority by the Director of the FDIC's Division of Bank Supervision or by the Corporation's 14 Regional Directors. Two applications were denied because of asset and man agerial problems. O f 255 applications considered in 1976 for the Corporation's prior consent to the operation of limited branch facil APPLICATIONS FOR DEPOSIT INSURANCE AND BRANCHES APPROVED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION 1 9 6 6 -1 9 7 6 11 12 F E D E R A L DEPOSIT INSURANCE CO RPO RATIO N ities (125 of which were unmanned oper ations), 137 were approved by the Cor poration's Board of Directors, 117 were approved under delegated authority, and 1 was denied. In addition, the Corpora tion accepted 116 notifications of un manned remote service facilities which were to be established w ithout the Cor poration's approval but subject to publi cation and a 30-day waiting period. The Corporation also accepted notifications by 107 banks that they intended to share 200 remote service facilities owned and operated by other banks, also w ithout approval as branches. Such facilities not approved as branches may not be oper ated if and when there is a definitive fu ture determination by statute, administra tive action, or final court decision that these facilities constitute branches as de fined in section 3(o). It is estimated that 11,300 man-hours were saved in 1976 by the use of delegated authority for the approvaf of the 476 branches, and 2,300 man-hours were saved in 1976 by the use of delegated authority for the 117 facil ities. Mergers. The Bank Merger A ct of 1960, amending section 18(c) of the Federal Deposit Insurance Act, requires the approval of a Federal bank super visory agency before any insured bank may engage in a merger transaction, as defined in the act. If the surviving institu tion is to be an insured nonmember bank, or in any merger of an insured bank with a noninsured institution, the Corporation is the deciding agency. The act, as amended in 1966, provides further that, before approving any pro posed merger of an insured bank, the deciding Federal agency must consider the effect of the transaction on competi tion, the financial and managerial re sources of the banks, the future prospects of the existing and proposed institutions, and the convenience and needs of the community to be served. A merger that would further an attempt to monopolize or that would result in a monopoly under the Sherman Antitrust Act may not be approved. A merger that would substan tially lessen competition in any section of the country, or tend to create a monop oly, may be approved, but only if the re sponsible agency finds these anticompeti tive effects to be clearly outweighed in the public interest by the probable effects on the needs and convenience of the com munity to be served. Following approval of a bank merger by the Federal super visory agency, the Justice Department may, w ithin a 30-day period (or in emer gency cases, w ithin 5 days), bring an ac tion under the antitrust laws to prevent the merger. In past litigation over whether a pro posed merger substantially lessens compe tition and thereby violates section 7 of the Clayton Act, the determination of the "line of commerce," or product market, that w ill be affected by the merger has been a major issue. In general, a product market consists of those products that are reasonably interchangeable in use or have significant cross-elasticity of demand with the products offered by the merging com panies. For purposes of bank mergers, the Supreme Court has held that commercial banking and th rift institutions represent separate and distinct lines of commerce. In the view of the Court, commercial banking offers a unique cluster of pro ducts and services (such as demand de posits and commercial loans) as compared to th rift institutions. However, the Court has recognized that as the laws pertaining to th rift institutions evolve, the distinc tions between the two forms of banking could eventually become nonexistent. In the State of Maine, through recent legislation, the traditional competitive barriers separating th rift institutions from commercial banks have been diminished significantly. In the light of this, during 1976, the Corporation's Board of Direc tors stated that "commercial realities re quire a viewing of a combined commer cial bank-thrift institution market, as well as the traditional separate market" when PROMOTING SOUND B A N K IN G determining the competitive impact of any proposed merger in that State (Basis for Corporation Approval of the Pro posed Merger of Bangor Savings Bank, Bangor, Maine, and Piscataquis Savings Bank, Dover-Foxcroft, Maine, July 6, 1976, pp. 77-79). Statutes similar to the one in Maine have been enacted in several States and there are proposals in many other States and at the Federal level to legislate greater parity between commer cial banks and th rift institutions. As a result, future merger decisions may also require a determination of whether suffi cient distinctions exist, for purposes of competitive analyses, to justify treating commercial banks and th rift institutions as separate lines of commerce. The Corporation acted on 43 mergertype proposals under section 18(c) during 1976, approving 41 (including 9 emer gency cases) and denying two. The Cor poration also approved 21 applications in v o lv in g c o rp o ra te reorganizations, which, as such had no competitive effect, including 17 in connection w ith the ac quisitions of banks by holding companies. The act requires that descriptive material on each merger case that is approved, the basis for approval, and the Attorney Gen eral's advisory report be published in the deciding agency's annual report. This in formation for 1976 is published on pages 57-109 of this report. Included in the 41 approvals were 3 applications involving the acquisition of mutual savings banks by their affiliated commercial banks. These were approved after the June 30, 1976 expiration of the statutory moratorium on approvals that would have the practical effect of per m itting a conversion from the mutual to the stock form of organization. Although technically these transactions were not outright conversions from the mutual to the stock form of organization, they did have such a “ practical e ffe ct/' The Bank Merger Act additionally re quires that before deciding on any appli cation, unless the agency finds that it 13 must act immediately to prevent the probable failure of one of the banks in volved, the deciding agency shall request, from the other two Federal bank super visory agencies and from the Attorney General of the United States, a report on the competitive factors involved in the case. In 1976, 70 advisory reports were filed on the competitive factors involved in merger transactions in which the result ing institution would be a national or State member bank. In four of these re ports, the Comptroller of the Currency was informed that the Corporation con sidered the competitive factors presented to be adverse in one or more respects; the Com ptroller nevertheless approved all four transactions. There has been virtually no case in re cent years where any significant competi tive question raised in the reports to the Corporation was not brought to light by its own processing and fu lly considered in rendering a decision. The likelihood is that the other two Federal banking agen cies' experience has been similar. In an effort to expedite processing, the Board of Directors during 1976 delegated to the Executive Secretary the authority on be half of the Board of Directors to furnish reports to the other bank supervisory agencies if the proposed merger would have no significant competitive effects. Nonetheless, the advisory opinions re quired by the Bank Merger A ct appear to be an expensive and time consuming ex ercise whose usefulness has diminished to near zero. It is apparent that this require ment could be eliminated with no effect on the careful consideration given to each case by the responsible agency. In 1976, the mergers approved by the Federal bank supervisory agencies re sulted in the absorption of 81 operating banks, compared to 67 in 1975. This number does not include corporate re organizations of individual banking insti tutions, such as banks in process of form ing one-bank holding companies, and other merger transactions which did not 14 F E D E R A L DEPOSIT INSURANCE CORPORATION have the effect of lessening the number of existing operating banks. While mergers and the bank holding company movement have the potential for increasing the concentration of re sources in the banking industry, current evidence suggests that this has not oc curred to any important degree. For example, compared to 1960, when the Bank Merger Act was enacted, concentra tion ratios based on total deposits of the largest 100, the largest 10, and the largest 1/2 of 1 percent of commercial banks and bank groups, all showed declines through June 30, 1976. Change in bank control and loans se cured by bank stock. A change in the out standing voting shares, unless 10 percent or less of the outstanding stock is in volved, which results in control or change in control of a bank must be reported by the chief executive officer of the bank. After a reportable change in outstanding voting shares has occurred, bank manage ment must report all changes of its chief executive officer or directorate that take place in the next 12 months. With certain exceptions, lending banks are also re quired to report loans secured or ex pected to be secured by 25 percent or more of the outstanding voting stock of an insured bank. Reports required by section 7(j) of the Federal Deposit Insur ance Act enable the appropriate Federal banking agency to investigate promptly changes in control and determine their effect on the bank and the need for any corrective action. The Corporation received 468 notices of change in control involving insured nonmember banks during 1976, of which 54 came from the State of Texas. Citing the high turnover in the control of Texas banks in recent years, the Subcommittee on Financial Institutions Supervision, Regulation and Insurance of the House Committee on Banking, Finance and Urban Affairs held hearings in Texas in December 1976 to probe possible causes of the failure of four banks in the State during the year. Bank security. To combat an increas ing and alarming number of crimes against financial institutions, Congress adopted the Bank Protection A ct in 1968. The act enabled the regulatory agencies to establish standards to guide banks in devising procedures to discour age external bank crimes and assist in the apprehension and identification of the person(s) committing such crimes. Under the Corporation's regulations, a report on security devices and procedures must be submitted w ithin 30 days after a bank becomes insured; a form must also be submitted for each newly opened branch office. The Corporation's regulations also require that insured State nonmember banks report all robberies, burglaries, and nonbank employee larcenies. Both the Federal Reserve and the Comptroller of the Currency have similar regulations. During 1976, the Corporation received 934 crime reports filed pursuant to its regulations. Presently, the three regulatory agen cies are revising these forms to simplify reporting by banks and to update infor mation on banks' security devices. Also, a procedural change was made in 1976 w h e re b y the certification statement, which previously had to be filed annually with the Corporation, can now be main tained at the bank. On December 21, 1976, the Justice Department petitioned the Federal bank regulatory agencies to tighten the rules on physical security. In the petitions, the agencies were advised that the regulations adopted in the wake of the Bank Protec tion A ct of 1968 are not as complete as Congress expected and, moreover, are not being fu lly met by the affected banks. The Justice Department did not rec ommend any specific types of hardware or procedures, leaving these recommenda tions to the discretion of the regulatory agencies. Supervisory and other training activites. The C o rp o ra tio n has a well- PROMOTING SOUND B A N K IN G established training program directed toward maintaining a highly qualified bank examination staff. Seven different schools of banking are conducted in the Division of Bank Supervision Training Center, a modern and complete training facility established in 1970 in Rosslyn, Virginia, a short commute from the Cor poration's headquarters in Washington, D.C. Each school has a 2- or 3-week course of study, administered by a per manent staff of 17 persons, but with an instruction staff augmented by FDIC field examination personnel brought in from the various FDIC regions. Certain Washington Office staff members also serve as instructors, bringing the number of instructors to more than 100 persons in a typical year. In addition, the Training Center occasionally brings in bankerlecturers as well as experts from the other Federal regulatory agencies for special ized topics. The seven schools include, for new trainees, a course in the fundamentals of banking and bank examinations; for as sistant examiners, a second course empha sizing accrual accounting, audit tech niques, and bank operations, with a portion devoted to examination of com puterized banks; and for senior assistant examiners, a program centering on credit analysis, asset appraisal, bank manage ment simulations, and Corporation poli cies and objectives. For examiners be yond the senior assistant examiner level, there are an advanced course in the exam ination of computerized banks, basic and advanced courses in examining trust de partments, and finally a course for com missioned examiners. In addition to the regular schools, some new projects were undertaken including a 1-week trust workshop and a 1-week fair housing workshop. Both are expected to be pre sented again in 1977. Also a week of in struction in the area of consumer protec tion was instituted in the school for senior assistant examiners. This instruc tion w ill be given nine times in 1977 and, 15 because of the nature of the material, will require constant attention and modifica tion to keep abreast of changing events in consumer protection. Over the years there has been an ex pansion in the number of schools and sessions as well as the student population. In 1976, 46 school sessions were held in volving nearly 1,200 students, compared with 189 sessions and 5,100 students in the 6-year period 1970-1975. While train ing is directed prim arily toward FDIC personnel, 157 State bank examiners, 22 students nominated by foreign govern ment banking authorities, and 13 Federal Reserve examiners attended FDIC schools in 1976. The Training Center also handles en rollment and processing of senior exam iners in 10 different graduate schools of banking. Annual new enrollments pres ently amount to about 45 with approxi mately 95 students in attendance each year. New annual enrollments are ex pected to expand somewhat in the near future. The FDIC Office of Education, through the Corporation's Tuition Re imbursement Policy, provides the oppor tunity for examiners to enroll in Amer ican Institute of Banking and other correspondence courses, career-related college training, seminars and workshops in specialized areas, and other job-related training. E ffort is made to update courses to match current banking developments. Course administrators and Washington Office personnel review current bank legislation, periodicals, and literature, keeping up to date with present banking trends and watching for the need to change existing material or expand into new areas. The approximately 100 field instructors who teach in the schools given at the Training Center assist in this effort. Conferences. During 1976, as part of a continuing effort to establish more mean ingful dialogue between bankers and bank regulators, the Corporation jo in tly spon sored w ith the American Bankers Associa 16 F E D E R A L DEPOSIT INSURANCE CO RPORATION tion two seminars for the chief executive officers of insured State nonmember banks headquartered in Florida, Georgia, Illinois, North Carolina, Puerto Rico, South Carolina, Virginia, and Wisconsin, at which issues concerning the economy, bank structure, and bank examination and supervision were discussed. Similarly, the Corporation jointly sponsored with the National Association of Mutual Sav ings Banks two seminars for the chief executive officers of savings banks, at which issues concerning supervision and examination, proposed legislation, de posit interest rate ceilings, and banking structure were discussed. The seminars were open to members of the press, and press reports of the activities of the sem inars further facilitated communications between the Corporation and bankers. Members of the Board of Directors and staff of the Corporation also met with representatives of 31 State bankers associations throughout the year to dis cuss Corporation policies, plans, and programs and other matters of concern to bankers. These seminars and meetings provided a forum for informing bankers of the basis for such Corporation policies and actions as its increasing reliance upon the issuance of cease-and-desist orders as a means of bringing about correction of un safe or unsound practices or conditions and its expanded efforts at enforcing the ever-growing number of consumer protec tion laws and regulations. They also pro vided a forum for advising bankers of trends developing in the industry, ob served by the Corporation in the course of its examination and supervisory activi ties, that were a matter of concern to the Corporation, for example, the much higher losses and significant increase in the number, size, and geographical disper sion of "problem " banks. Moreover, the observations and comments of bankers present at the seminars and meetings helped the Corporation to gauge the prac tical effect of certain of its policies and actions—such as its adoption of "insider" transaction regulations and its proposals for variable-rate time deposits, for re stricting the payment of negotiated rates of interest on pooled time deposits of $100,000 or more, and for sanctioning preauthorized withdrawals from savings deposits to cover insufficient funds items. Additionally, the Corporation spon sored two conferences, attended by 26 State bank supervisors, on trends and developments in the banking industry, the regulatory agencies, and the Congress. Similar conferences were conducted for senior staff of the Corporation's Regional Offices. Reports and surveys. Bank reports and surveys are important to the bank super visory function and provide a valuable source of data useful in studying eco nomic conditions and trends. Since its beginning, the Corporation has received Reports of Condition from insured banks on the mid-year and year-end dates, and a Report of Income once each year. Condi tion reports have been received from non insured banks since the mid-1930s, per mitting tabulation of condition data for all banks. Beginning in 1961, as a result of statutory changes in the method of computing deposit insurance assessments, each insured bank has filed four Reports of Condition each year. Some significant changes in bank re porting occurred during 1976. After sev eral years of discussions, the three Federal bank agencies put into effect revised Re ports of Condition and I ncome for insured commercial banks which contain more meaningful information for supervisory purposes as well as for investors in bank securities. In addition, the treatment of certain concepts in these reports was made more consistent with the latest views in the accounting profession; for example, the revised reports provide a better picture of bank reserves for loan losses and their relationship to bank capital and Federal tax liability. Besides the revised forms, the frequency of reporting of the Report PROTECTING DEPOSITORS of Income was increased from once a year to twice a year for all insured banks, and to four times for "large" commercial banks having total assets of $300 m illion or more. The latter group of banks are newly required also to provide certain in formation supplemental to the basic con dition and income reports. The FDIC in particular implemented certain actions to provide more accurate and tim ely reporting. For the first time in its history, the Corporation began a policy of fining insured State nonmember banks submitting late reports. In Septem ber 1976, the Corporation's Board of Directors notified 89 State nonmember banks that they were subject to fines for not submitting reports w ithin the re quired period. Also, a toll-free telephone number was made available fo r banks seeking assistance in the completion of their Call Reports. Subjects of on-going surveys continued in 1976 included accounts and deposits in all banks, trust assets of insured commer cial banks, mortgage rates and mortgage lending by banks, interest rates paid on savings and time deposits, and income and deposit flows of mutual savings banks. During the year the Corporation also conducted surveys of insured non member banks relating to Individual Re tirement Accounts and Keogh Accounts, and to provisions of the Fair Housing A ct of 1976. PROTECTING DEPOSITORS Incorporated banks and trust com panies that receive deposits are eligible for Federal deposit insurance. For na tional banks and State bank members of the Federal Reserve, participation in Fed eral deposit insurance is required by the Federal Deposit Insurance Act. As of December 31, 1976, about 98 percent of all commercial banks in the United States, and 69 percent of all mutual sav ings banks, were covered by Federal 17 deposit insurance. All mutual savings banks not having Federal deposit insur ance were located in Massachusetts and were covered under the deposit insurance program of that State. Under section 11 (as amended) of the Federal Deposit Insurance Act, each de positor is protected by insurance up to $40,000 in each insured bank. Time and savings deposits held by government units (except deposits held in out-of-State banks) are insured up to $100,000 for each depositor. The Corporation uses two principal methods to protect depositors: assisting the absorption of failed or failing institu tions into other insured banks and paying insured deposits in failed banks that are closed and liquidated. In recent years, the Corporation has attempted to arrange purchase and as sumption transactions as often as possible in bank failures. The Corporation is authorized under section 13(e) of the Federal Deposit Insurance Act to assist financially in the absorption of an insured bank in financial d iffic u lty by another in sured bank, whenever the Board of Direc tors finds that the Corporation's risk or loss w ill be reduced. This assistance may be accomplished in various ways. The Corporation may purchase the assets or grant a loan secured by the assets of a distressed or closed bank. It may also indemnify the absorbing insured bank against loss due to its assuming the liabil ities and acquiring the assets of a dis tressed bank. The deposit assumption method has the significant advantage of providing full protection to all depositors with minimal disruption of banking serv ices to the community. In those instances when the deposit payoff method is used, immediately after the bank is closed by its chartering authority the Corporation's claim agents are sent to the bank to prepare for the payment of insured deposits. The claims presented by depositors and the records of the bank are used to determine the 18 F E D E R A L DEPOSIT INSURANCE CO RPO RATIO N INSURED BANK FAILURES, 1 9 3 4 -1 9 7 6 NO. OF BANKS 1 t) i I? ; 1 il 1 i.„iiii.ii.i__ii_i-.IiliilKi_iiII 0_________________________________________________________________ :_■1934 '36 38 '40 '42 '44 '46 '48 '50 '52 total amount of deposits held by each depositor. From this total, matured debts owed by the depositor to the bank may be deducted. The net amount eligible for deposit insurance is then paid by the Cor poration. In recent years, this process has usually begun w ithin 5 to 7 days of the bank closing. Since 1934, a total of 535 failure cases involving insured banks have required the Corporation's disbursements, including 303 direct payoff cases and 232 deposit assumption cases. Although the number of failures of insured banks in the past few years has averaged only slightly above the average number each year since the '54 '56 '58 '60 '62 '64 '66 '68 70 l l ll i 72 74 76 early 1940s, these recent failures have included several quite large institutions, requiring substantial increases in the Cor poration's disbursements in failure cases. Bank failures in 1976. The Corpora tion advanced $469.1 m illion in cash to protect depositors and take questionable assets out of the banking industry in connection w ith 16 insured banks that failed during 1976. The failing banks, which ranged in deposit size from $555 thousand to $336 m illion, were located in 11 States and had combined deposits of $865 m illion. While the number of clos ings increased in 1976, the total asset size of the failed banks declined from the PROTECTING DEPOSITORS record-setting years of 1973 and 1974. Most of the cash advanced by the Cor poration w ill be recovered as the remain ing assets of the banks are liquidated. In the 16 failures, the Corporation used the statutory payoff method in 3 cases and assisted sound banks to assume deposits in 13 cases. In the three failures which resulted in s ta tu to r y payoffs, the Corporation's Board of Directors decided to proceed only after extensive efforts to arrange a 19 d e p o s it assum ption transaction had proved unsuccessful. In one of the three cases the Corporation was unable to ef fect a purchase and assumption trans action because of a substantial lapse of time between the banking commissioner's finding of insolvency and the court's deci sion supporting that finding and also because the general disarray in the bank's records made it impossible to determine accurately the amount of the bank's assets and liabilities. In the other two INSURED BANKS CLOSED DURING 1976 REQUIRING DISBURSEMENTS BY THE FEDERAL DEPOSIT INSURANCE CORPORATION Name and location Date of closing or deposit assumption Number o f depositors or accounts A m ount of deposits (In thousands) Deposit payoff Coronado National Bank Denver, Colorado June 25, 1976 3,770 2,606 Mt. Zion Deposit Bank Mt. Zion, Kentucky June 25,1976 388 555 Citizens State Bank Carrizo Springs, Texas June 28,1976 4,088 15,698 Deposit assumption The Bank of Bloomfield Bloom field, New Jersey January 10, 1976 15,700 25,969 Bank of Woodmoor Woodmoor, Colorado January 12,1976 3,590 3,549 The Hamilton National Bank of Chattanooga Chattanooga, Tennessee February 16, 1976 120,000 336,292 South Texas Bank Houston, Texas February 25, 1976 6,498 7,074 First State Bank o f Northern California San Leandro, California May 21,1976 34,760 53,405 Northeast Bank o f Houston Houston, Texas June 3, 1976 9,652 17,452 First State Bank o f Hudson County Jersey C ity, New Jersey June 14,1976 15,759 13,790 The New Boston Bank and Trust Company Boston, Massachusetts September 14,1976 2,660 5,335 American Bank & Trust Company New Y ork, New York September 15, 1976 26,000 165,079 The Hamilton Bank and Trust Company Atlanta, Georgia October 8, 1976 8,128 32,022 Centennial Bank Philadelphia, Pennsylvania October 19,1976 13,756 12,312 First State Bank & Trust Co. Rio Grande City, Texas November 19, 1976 8,982 12,082 International City Bank and Trust Company New Orleans, Louisiana December 3, 1976 67,000 161,639 20 FE D E R A L DEPOSIT INSURANCE CO RPORATION cases, the banks were declared insolvent as of the close of business on a Friday and the payoffs began the following Mon day morning. The ultimate loss to the depositors in the three cases is expected to be minimal; the uninsured deposits in two of the banks were less than $600. In the failures resulting in deposit assumptions, the 13 assuming banks paid purchase premiums totaling $37.5 m illion for the right to acquire the failed banks' deposit liabilities. When a significant price for a transaction is paid by the acquiring bank, this is added to the capital cushion available to the FDIC to absorb losses and may mean the difference between some recovery and none for shareholders and noteholders of the failed bank. In connec tion with the three largest failures, The Hamilton National Bank of Chattanooga, Chattanooga, Tennessee; American Bank & Trust Company, New York, New York; and International City Bank and Trust Company, New Orleans, Louisiana; the Corporation purchased capital notes of $24 m illion, $10 m illion, and $7.5 m il lion, respectively, from the banks acquir ing the deposits to alleviate the capital needs resulting from the sudden expan sion in their deposit liabilities. Also in 1976, the Corporation received payment in full of the $8-miilion capital note it purchased from Southern Bancorporation, Inc., Greenville, South Carolina, whose subsidiary bank assumed the liabil ities and purchased certain assets of American Bank & Trust, Orangeburg, South Carolina, which failed in 1974. The obligation to the FDIC was to mature on September 24, 1977, but the holding company was able to arrange a 10-year refinancing for the full amount through First Union National Bank of North Carolina, Charlotte, North Carolina. As a result of the refinancing, the Corporation on December 9, 1976, received payment in full of the $8 m illion owed to it by Southern. In exchange for the repayment, the Corporation agreed to guaranty 75 percent of the principal of the First Union National Bank loan, the amount of the guaranty to be reduced pro rata as regular principal reductions are made. Following the closing of International City Bank and Trust Company, the FDIC followed its normal practice of asking several groups to submit bids for an FDIC-assisted transaction. When no bids were submitted, the FDIC began negotia tions w ith two parties that had expressed some interest, and a mutually acceptable contract between the FDIC and The Bank of New Orleans and Trust Company was finally arranged. The greatest obstacle in negotiations, and the primary reason that no bids were received in the first instance, was approximately $44 m illion in "w ild card" certificates of deposit issued by ICB in 1973. These deposits carried inter est rates substantially higher than those currently obtainable. Therefore, any bank assuming these deposits could be ex pected to incur substantial losses and suffer a negative impact upon its earnings. To avoid placing this large financial risk on Bank of New Orleans, the FDIC agreed to reimburse Bank of New Orleans for certain of its anticipated losses, in demnifying the bank in an amount equal ing the difference between interest accru ing on the wild card deposits and the amount of income Bank of New Orleans could earn during the same period on money prudently invested in U.S. Treasury bills. In addition to assuming approxi mately $160 million in deposits and other liabilities, The Bank of New Orleans and Trust Company agreed to pay a purchase premium of $800,000. To facilitate the transaction, the FDIC advanced cash amounting to $116.9 m illion and retained book assets of the failed bank of $129.9 million. Direct assistance to operating insured banks. Direct assistance by the FDIC to an o p e ra tin g insured bank, initially authorized in 1950 under section 13(c) of the Federal Deposit Insurance Act, may be employed if a bank is both in danger of closing and essential to maintain ade PROTECTING DEPOSITORS quate banking services in the community. The Corporation first used this authority in 1971 and has used it on three occa sions since then. The most recent use was in 1976 to assist Farmers Bank of the State of Delaware. The Corporation and the State of Delaware (which owns 49.4 percent of the bank's common stock) developed a program of financial assist ance after it became evident that the bank was in danger of closing primarily due to a deterioration in the quality of its real estate loan portfolio. Farmers Bank, w ith $370 m illion in deposits at the time of the announcement of this transaction, was the second largest commercial bank in Delaware and is the sole depository for State funds under Delaware law. The Corporation, the State of Delaware, and the bank entered into an assistance agreement on June 10, 1976, whereby the State purchased a $20-million new issue of preferred voting stock of the bank, and the Corporation purchased, for $32 m illion, poor quality loans and other assets of the bank having a book value of approximately $40 m il lion. In addition, the State of Delaware agreed to keep certain minimum balances with the bank and certain managerial changes were made to facilitate the bank's return to profitability. Also in 1976, the FDIC and Bank of the Commonwealth, Detroit, Michigan, agreed to a financing plan for the bank. The plan involves the sale of an additional $10 m illion of common stock under written by First Arabian Corporation and the extension of the maturity o f the ex isting $35.5-million capital note from the FDIC to the bank. The note, which is scheduled to mature in April 1977, will be extended for a minimum of 5 years. Interest payments on the note, fixed at 5.5 percent, were increased to 6.6 per cent per annum, the rate earned on the FDIC insurance fund, payable for the first 5 years only to the extent of onehalf of the bank's net income for any year. The remaining income w ill be added 21 to the bank's equity capital. Am ortiza tion of the note w ill begin in 1979. The new financing program is designed to make Bank of the Commonwealth a com petitive force in the Detroit banking market. Financial assistance was orig inally given to the bank by the FDIC in 1972 under section 13(c). While the orig inal assistance averted the danger of Bank of the Commonwealth failing, recovery of the bank's position has been retarded by the bank's large holdings of low-yielding assets acquired by prior management as well as by the unfavorable economic cli mate of recent years. Detroit, the primary market served by the bank, has been par ticularly hard hit by the recent recession and unemployment has been substantially higher than the national average. The Corporation also agreed to extend until June 30, 1982, the $1.5-million capital note of Unity Bank and Trust Company, Boston, Massachusetts, which was scheduled to mature on December 31, 1976. Amortization of the note will begin on June 30, 1980. The loan was part of an assistance program initiated in July 1971 which prevented the failure of Unity Bank and Trust Company and assured continued banking service for the black community in Roxbury and Dor chester. The bank's full recovery has been inhibited to a large extent by adverse economic conditions. Protection of depositors, 1934-1976. The Corporation makes disbursements when it pays depositors up to the insur ance lim it in payoff cases and acquires their claims against the failed banks, when it assists deposit assumptions through loans or purchases of assets, and when it provides assistance to enable an operating bank to remain open. From January 1, 1934 through December 31, 1976, the Corporation disbursed approxi mately $2.3 billion for 539 insured banks requiring assistance. These banks had aggregate deposits of about $6.2 billion. In the 535 closed banks, at the end of 1976 over 99.8 percent of the depositors 22 FE D E R A L DEPOSIT INSURANCE CO RPO RATIO N had received or were assured of payments of their deposits in fu ll, and 99.6 percent of the total deposits had been paid or made available to them. Banks whose deposits were assumed by other insured banks with the Corporation's assistance accounted for almost 72 percent of the deposits in the closed banks. By far the largest proportion of the amount re covered by depositors in payoff cases has been provided by FDIC payments of in sured deposits, with additional payments received from the proceeds of liquidated assets, offsets against indebtedness, and pledged assets. Including the amounts disbursed in failure cases and assistance to operating banks, and all losses and provision for losses on assets being liquidated, the Cor poration's losses of $285.0 m illion have amounted to 12.4 percent of its disburse ments in all insurance operations. L iq u id a tio n activities. A t year-end 1976, the FDIC's Division of Liquidation was administering over 72,000 assets with an aggregate book value of approximately $2.6 billion. The largest portion of those assets, over $900 m illion, was real estate related. To liquidate those assets the Corporation employs approximately 600 persons in the Division of Liquidation. During 1976, the Division of Liquidation collected approximately $740 m illion from the assets of the closed banks held by the Corporation either directly or as receiver. The complexity of those assets has increased significantly during the past few years as a result of the larger bank closings. In the Franklin National Bank (FNB) liquidation, the FDIC's largest, as of December 31, 1976, the Corporation had collected $1,124.7 m illion on assets held, and had paid $1,073.5 m illion of this amount to the Federal Reserve Bank of New York, thereby reducing the principal amount due on the "w ind o w " loan ex tended to FNB from $1,723.5 m illion at the time of the bank's closing on October 8, 1974, to $650 m illion at year-end 1976. Interest at the rate of 7.52 percent per annum will not be due until the note matures on October 8, 1977. The prin cipal book value of assets remaining to be liquidated as of December 31, 1976, is approximately $1,208.6 m illion com pared with the principal and accrued interest on the FDIC's outstanding debt to the Federal Reserve Bank of New York of $848.8 million. On October 8, 1977, it is estimated that the Corporation w ill be required to advance approximately $465 m illion to $665 m illion to pay the Federal Reserve Bank the remaining balance due on the o rig in a l $ 1,7 2 3 .5 -m ill ion obligation which was owed by Franklin as of its closing. Based on a number of assump tions as to the duration of the receiver ship, the pace of collections, and the re sults of matters in litigation, it is unlikely that the Corporation will suffer a loss in this very large failure. Charters for two deposit insurance national banks established in 1975 were scheduled to terminate in 1977 according to the statute authorizing their establish ment; and before the expiration of each charter, the FDIC must make arrange ments to dispose of the bank's business. Deposit insurance national banks (DINB) were organized in accordance with sec tion 11 of the Federal Deposit Insurance Act to deal with the failures in 1975 of Swope Parkway National Bank, Kansas City, Missouri, and The Peoples Bank of the Virgin Islands, St. Thomas, Virgin Islands. In such cases, the receiver of the closed bank immediately transfers to the new bank all insured and fu lly secured deposits in the closed bank, and those funds are available to their owners to the same extent that they were available be fore the bank's closing. By establishing a deposit insurance national bank the FDIC hopes to encourage local communities to consider the establishment and capitaliza tion of a new bank. The FDIC is authorized to dispose of a deposit insurance national bank's business PROTECTING DEPOSITORS DEPOSITS AND LOSSES IN ALL INSURED BANKS REQUIRING DISBURSEMENTS BY FDIC 1 9 3 4 -1 9 7 6 TO TA L DEPO SITS $6.23 billion Recovered by depositors $6 21 billion Lost or not yet av aila b le to d epositors $19.7 million D IS B U R S E M E N T S B Y FDIC $2.30 billion Recovered by FD IC $2.01 b illion 24 F E D E R A L DEPOSIT INSURANCE CO RPO RATIO N either by offering capital stock in the bank for sale or by transferring its busi ness to any insured bank w ithin the same community. Stockholders of the former bank have the first opportunity to pur chase such stock. The FDIC made a stock offering in 1976 in connection with the deposit insurance national bank created in the Swope Parkway failure and con ducted meetings with the stockholders of the former The Peoples Bank of the Virgin Islands. Former stockholders of Swope Parkway National Bank did not reorganize a new bank; therefore, the Corporation on December 18, 1976, en tered into a transaction transferring the remaining business of the DINB to Laurel Bank of Kansas City, Kansas City, Mis souri. The decision to transfer the remain ing business to Laurel Bank was made because of that bank's willingness to enter into such a transaction, because Laurel Bank already had a significant vol ume of business from the trade area of the DINB, and because the location of Laurel, among those available, was the most geographically convenient to the transferred depositors. In addition, Laurel agreed to pay the FDIC a $3,000 pre mium for the transaction. The FDIC has received expressions of interest from various groups in connec tion with the DINB in the Virgin Islands. The interest of these groups w ill be pur sued and hopefully the result will be pro posals for a new bank that w ill include the participation and support of the local community. ENFORCING CONSUMER AND INVES TOR LEGISLATION The FDIC is responsible fo r enforcing a number of consumer protection laws and regulations, including the Truth in Lending Act, the Fair Credit Reporting Act, the Real Estate Settlement Proce dures Act, the Equal Credit Opportunity Act, the Civil Rights Act, and the Home Mortgage Disclosure Act, with respect to the insured nonmember banks w ithin its supervisory and regulatory jurisdiction. In most cases, this responsibility is explicit, that is, the result of an explicit direction in a governing statute. In some cases how ever, the responsibility is im plicit, that is, it arises by virtue of the FDIC's super visory responsibility to see to it that the banks it supervises operate w ithin the confines of applicable Federal law. P u b lic ly held insured State non member banks fall under the Corpora tion's explicit regulatory authority for public reporting, proxy solicitations, and trading by insiders of their own bank stock. The Corporation also supervises disclosure with respect to take-over attempts and other purchases of publicly held securities of banks subject to its pri mary jurisdiction. Newer statutory re sponsibilities have engaged the Corpora tion in the regulation of insured non member banks that act as transfer agents and deal in municipal securities. These increasing statutory responsibil ities in the securities disclosure area have coincided with the Corporation's in creased interest and concern in securities disclosure problems even where it has no explicit statutory mandate. The Corpora tion, for example, has actively encour aged the use of offering circulars in connection w ith bank stock and deben ture offerings and has become more con cerned with general questions of bank accounting and disclosure by bank hold ing companies regulated by the Securities and Exchange Commission. It has also monitored banks' securities marketing devices and banks' involvement in the market for their own stock. Compliance examinations and related activities. The FDIC carries out its re sponsibility to enforce various consumer laws primarily through the examination and supervisory process. FDIC examiners checked for compliance with the require ments of such laws during regular bank examinations in 1976 in every State ex ENFORCING CONSUMER AN D INVESTOR LE G IS LA TIO N cept Georgia, Iowa, and Washington, where as noted, the FDIC was engaged in the selective withdrawal program for a certain number of insured nonmember banks. Separate compliance examinations of the banks involved in the experiment were conducted in these three States. All banks within the FDIC's supervisory juris diction are generally examined for com pliance at least once every 18 months. Such examinations are normally done by reviewing a sample of pertinent trans actions and documents and through dis cussions with bank management. Viola tions and other exceptions discovered in the process are reported and followed up by the staffs of the various Regional Of fices to assure that appropriate corrective measures are taken by the bank involved. As a matter of practice, each Regional Office staff makes every e ffo rt to resolve exceptions and obtain compliance with applicable requirements on a voluntary basis. If this cannot be accomplished, resort is made to a formal administrative proceeding under section 8(b) of the Fed eral Deposit Insurance Act looking to ward the issuance, by the FDIC's Board of Directors, of a cease-and-desist order against the objectionable practices. Dur ing 1976, the Board initiated four such orders relating in whole or in part to vio lations of Truth in Lending and Equal Credit Opportunity requirements. C ertain consumer protection laws, notably the Truth in Lending Act, pro vide for criminal sanctions against those who w illfu lly and knowingly violate its requirements. During 1976, the FDIC re ferred one case of apparently w illfu l and knowing violation of the Truth in Lend ing act to the appropriate U.S. Attorney for possible criminal prosecution. With regard to Truth in Lending, the FDIC, during the latter part of 1976, withdrew from examining for compliance with State Truth in Lending requirements in the exempt States of Connecticut, Maine, Massachusetts, Oklahoma, and Wyoming. This was an e ffort to both con 25 serve man-hours and avoid unnecessary duplication of activities already being per formed by State examiners in these five States. FDIC examiners are, nevertheless, continuing to examine for compliance with those Federal Truth in Lending re quirements from which the five States have not received an exemption and which therefore continue to be applicable in these States. In the area of fair housing, the FDIC, in conjunction with the Office of the Comptroller of the Currency, began test ing a program to identify possible dis criminatory lending practices. During this test phase, approximately 300 banks were asked to use a specially designed two-part form. One part requires the banks to re tain certain basic economic data on each loan applicant. The other part, to be com pleted by applicants for mortgage loans and forwarded directly to the agencies, calls for data on race, sex, religion, and certain other personal characteristics. The separate parts of the form have identi fying numbers so that the data can be readily analyzed together. It is antici pated that the data retained by a bank will be reviewed during regular bank ex aminations and when a profile of that data fails to meet certain tests in specially designed computer programs, it will signal the examiner to conduct a closer review of the bank's housing lending practices for evidence of discrimination. Also in furtherance of its commitment to fair housing lending on the part of the banks it supervises, the FDIC has begun to collect copies of the Mortgage Loan Disclosure Statements which certain of the banks it supervises are required to compile and make available to the public pursuant to the Home Mortgage Disclo sure Act. These data w ill later be ana lyzed for evidence of "redlining" and possible discriminatory lending practices. Office of Bank Customer Affairs. The Office of Bank Customer Affairs, which was created in 1975, is responsible for coordinating FDIC efforts to protect the 26 F E D E R A L DEPOSIT INSURANCE CO RPO RATIO N interests of bank customers. The first priority in 1976 was staffing. Four staff members were added, including a perma nent director. The process of establishing consumer affairs specialists in the Re gional Offices was begun during the year with the designation of five individuals to these positions. It is expected that the remaining consumer affairs specialists will be selected in early 1977. The office processes bank customer complaints and inquiries received directly and reviews and coordinates the activities of the Regional Offices in responding to consumer complaints. In addition to alleged violations of consumer protection laws, consumers' letters dealt with a vari ety of other banking matters. Although many inquiries did not deal with alleged violations of either Federal or State laws, the office made a conscientious effort to provide informative and timely responses to all consumers. Use of a standardized complaint form which may aid the com plaint process is currently under study. The Office of Bank Customer Affairs also reviews proposed legislation and regulations to assess their impact on bank customers. It reviews compliance reports on a selected basis. During the year, the office recommended four cease-and-desist actions involving consumer laws. To improve examiners' effectiveness in investigating discrimination complaints and conducting fair lending examinations, the office jo in tly sponsored a 1-week fair housing workshop during the year, and plans are being formulated to conduct a similar workshop in 1977. In addition, comprehensive instructions for investi gating fair housing complaints were devel oped for examiners. A brochure describ ing the F D IC 's complaint handling function and giving information on con sumer laws is being prepared and publica tion of a series of pamphlets on consumer laws and various banking practices is be ing considered. Securities Exchange Act — Registra tion and reporting. Under the Securities Exchange Act of 1934, the Corporation exercises all "the powers, functions, and duties" otherwise vested in the Securities and Exchange Commission "to administer and enforce" the registration, companyreporting, and related provisions of that act with respect to insured nonmember banks. These provisions are applicable to banks with more than $1 m illion in assets that have 500 or more holders of any class of equity security. Under these pro visions and the Corporation's regulations thereunder, the banks are required to file an initial registration statement and peri odic reports (annually, semi-annually, and quarterly) as well as a special report covering any material event which oc curred in the preceding month. Any matter presented for a vote of security holders must be effectuated through a proxy statement, or an information state ment if proxies are not solicited, com plying with the Corporation's regulations; and where directors are to be elected, the proxy or information statement must be accompanied or preceded by an annual report disclosing the financial condition of the bank. Officers and directors of a bank whose securities are registered and any person or related group of persons holding more than 5 percent of such securities must report their holdings and any changes in their holdings to the Cor poration. A ll required statements and reports filed with the Corporation under the Securities Exchange Act are public docu ments. All such statements and reports are available for inspection at the Cor poration's headquarters and copies of registration statements and company re ports, proxy statements, and annual re ports to shareholders are also available at the New York, Chicago, and San Fran cisco Federal Reserve Banks as well as at the Reserve Bank of the district in which the bank filing the report is located. During 1976, 22 banks filed registra tion statements, 1 bank withdrew from the Federal Reserve System, and 1 bank A D M IN IS T R A T IO N OF THE CORPORATION converted from a national to a State char ter. Nine banks terminated registration due to mergers and bank holding com pany acquisitions. The year-end total of registered banks was 336 compared to 321 the year earlier. Banks acting as municipal securities dealers and transfer agents. The Securities Acts Amendments of 1975 imposed, for the first time, registration requirements and a scheme of Federal regulation upon municipal securities dealers and transfer agents, including banks that act in those capacities. Both the Securities and Ex change Commission and the Corporation have responsibilities for enforcing com pliance by insured State nonmember banks with the enacted provisions. As of December 31, 1976, 55 State nonmember banks had registered as municipal secur ities dealers with the Securities and Ex change Commission and 444 State non member banks had registered with the Corporation as transfer agents. During 1976, the Corporation worked closely with the Securities and Exchange C om m issio n, the Municipal Securities Rulemaking Board, the Federal Reserve, and the Comptroller of the Currency in developing rules, forms, regulation guide lines, and examination procedures. A special compliance report and new regula tions are presently being drawn up to properly supervise the activities of banks acting as municipal securities dealers. ADM INISTRATION RATION OF THE CORPO Organizational structure. Mr. Robert E. Barnett was appointed a member of the Board of Directors on March 18, 1976. On the same date, he was elected unanimously by the Board of Directors to be Chairman, succeeding Chairman Frank Wille whose 6-year term expired on March 16, 1976. Director George A. LeMaistre, also serving a 6-year term which began on 27 August 1, 1973, continued his service as a director. Comptroller of the Currency James E. Smith, an ex officio member of the Board, who began a 5-year term of office on July 5, 1973, resigned on July 30, 1976, and was succeeded by Acting Com ptroller of the Currency Robert Bloom, pending appointment and con firmation of a successor to Mr. Smith. Corporation officials, Regional Direc tors, and Regional Offices are listed on pages v and vi. Organizational changes. Effective June 20, 1976, the Division of Research and the Office of Management Systems were consolidated into the resulting Division of M anagem ent Systems and Economic Analysis. The consolidation brought the administration of statistical reports and the economic research and analysis func tions into closer coordination w ith the computer and data processing support operation. DMSEA is stressing particu larly a broader utilization of financial, statistical, and economic data for several Corporation purposes, including the con tinuing development of systems to detect unfavorable trends in bank operations as a tool in the Corporation's bank super visory activities. The Office of Employee Relations was created on May 17, 1976, for the purpose o f centralizing some personnel-related activities that had been scattered through out the Corporation. Offices currently operating in the FDIC that were made a part of OER include the Personnel Office, Office of Education, Equal Employment O p p o rtu n ity , and Upward M obility. Other reasons for establishing the new office were: to provide an improved mech anism through which the Board of Direc tors can focus on matters relating to the environment in which Corporation em ployees work, and which w ill provide a focal point through which employees may express their preferences, com plaints, and attitudes; and to provide manpower to study and make recommen F E D E R A L DEPOSIT INSURANCE CO RPO RATIO N 28 effective no later than mid-year 1977. dations to the Board of Directors in areas related to employee relations matters not currently being handled by any office in the Corporation, or which may be rela tively new to the Corporation. OER is primarily responsible for creating and im plementing recommendations relating to career development at the Corporation, job counseling, employee benefits, griev ance administration, equal employment opportunity, upward m obility opportun ity, education and training, recruitment, merit promotion, and related technical personnel office operations. Three new professional positions, including staffing in career counseling and employee and labor relations, will be added in 1977. Number of employees. Total employ ment increased by 261 in 1976 with ap proximately 9 out of every 10 new em ployees added to the Division of Bank Supervision and the Division of Liquida tion. The year-end 1976 total includes 624 nonpermanent employees serving on a short-term appointment or on a whenactually-employed basis. Of the year-end total, an estimated 58 percent and 9 per cent respectively were assigned to re gional or other field offices of the Divi sion of Bank Supervision and of the Division of Liquidation. For the 6-year period 1971-1976, the Corporation's total workforce increased from 2,508 to 3,535, or 41 percent, with 55 percent of the increase in the Division of Bank Supervision and 32 percent in the Division of Liquidation. The percentage of women and minor ities in the professional job series group, including student cooperatives, increased from 9.3 percent and 5.9 percent respec tively as of December 31, 1974, to 12.2 Change in location o f Regional Office. On December 16, 1976, based on a sup porting study by the Division of Bank Supervision, the Board of Directors ap proved the transfer of regional head quarters for the existing St. Louis Region (States of Missouri and Kansas) from St. Louis, Missouri, to Kansas City, Missouri. It is expected that the transfer w ill be NUMBER OF OFFICERS AND EMPLOYEES OF THE FEDERAL DEPOSIT INSURANCE CORPORATION DECEMBER 31, 1975 AND 1976 Washington office Total Regional and other field offices U nit 1976 1975 1976 T o ta l............................................................... 3,5351 3,2741 1,110 Directors................................................... Executive Offices3 ................................. Legal D ivisio n .......................................... Division of Bank S u p ervision ............... Division of Liquidation........................... Division o f Management Systems and Economic Analysis..................... Office of the C o n tro lle r........................ Office of Corporate A u d it s .................. Office of Employee Relations............... 32 57 92 2,450 501 3 51 83 2,282 423 192 175 24 41 1944 219 19 0 1975 1976 1975 971 2,425 2,303 32 57 79 389 165 3 51 72 300 128 0 0 13 2,061 336 0 0 11 1,982 295 192 160 24 41 1944 204 19 0 0 15 0 0 0 15 0 0 in c lu d e s 624 nonpermanent employees on short term appointment or when actually employed in 1976, and 508 in 1975. 2As o f December 31, 1976, Mr. Robert Bloom was serving as Acting C om ptroller of the Currency (see text). 3 Includes Office of Bank Customer Affairs and Office of Corporate Planning. 4 Aggregate figures fo r Division of Research and Office of Management Systems. These two organizational entities were consolidated as a result of a reorganization in 1976. A D M IN IS T R A T IO N OF THE CORPORATION percent and 9.3 percent as of mid-year 1976. Continuing progress in increasing the numbers of women and minorities to more representative levels in the Corpora tion's professional workforce is largely attributable to recruitment efforts cited as action items in past and current Equal Employment Opportunity Plans. In par ticular, the hiring of bank examinersstudent cooperatives contributes to both short-and long-term gains through reten tion of many such student cooperatives as permanent bank examiners. The Student Cooperative Education Program, through which college students are appointed as bank examiners-student assistants and after completion of a work-study pro gram may qualify as assistant bank exami ners, was continued in 1976 with 264 such employees as of December 4, 1976. While technically assigned to the Washing ton Office, such employees have actual duty stations in various regions where they gain experience through tours of duty with bank examiners on actual bank examinations. As of December 4, 1976, the combined bank examiner workforce, including student assistants, included 9.3 p ercent minorities and 11.0 percent women. Approximately 80 percent of professional group positions in the Cor poration are bank examiners. Employee and personnel programs. The Corporation's Equal Employment O pportunity and Upward M obility Pro grams are each administrated by a fu ll time professional. The equal opportunity specialist is assisted by approximately 60 employees assigned part-time duties and responsibilities, and the upward m obility coordinator is assisted by a task force of division and office representatives. During 1976 under the Upward- M obility Pro gram, opportunities were announced and bridge positions filled for bank examiner aide, auditor-technician, computer aide, writer-editor aide, and computer pro grammer trainee. The bank examiner aide bridge position, of which seven were 29 filled during 1976, is structured to pro vide the qualifying work experience and academic courses for a target position of assistant bank examiner. In December 1976, recruitment was initiated for the Federal Women's Program coordinator who w ill serve on the staff of the Director of the Office of Employee Relations (also designated as Director of Equal Employ m en t Opportunity) devoting approxi mately 60 percent of available time to coordinating Federal Women's Program activities in liaison w ith existing Federal Women's Program committees, and the remainder of time to operational em ployee relations duties and responsibilties. Elections of members of Employee Ad visory Councils were conducted in Feb ruary 1976. Members of the Councils are elected by the employees they represent. The Councils, whose establishment was announced in late 1975, are intended to provide employees w ith a regular oppor tunity to make recommendations on mat ters of administrative policy and practice affecting FDIC employees. Negotiations with a union local in the Corporation's New York Region during 1976 led to the signing of a contract agreement on November 19, 1976. The union local serves as the exclusive repre sentative of the unit of bank examiners in the New York Region under the provi sions of Executive Order 11491, as amended. The Corporation's Tuition Reimburse ment Policy provides for reimbursement of costs for job- and career-related train ing for employees. The Periodical Sub scription Program, provided for field employees who do not have ready access to the Corporation's head office library, permits examiners, liquidators, and audi tors to subscribe to selected job-related periodicals at Corporation expense. A t the Corporation's Awards Cere mony on December 14, 1976, 74 em ployees received recognition for 15, 25, 30 F E D E R A L DEPOSIT INSURANCE CO RPO RATIO N 35 or more, and 40 years of service. A t the same ceremony, three employees re ceived special awards: Chairman's Award Exceptional Walter W. service by a Tibbs nonexaminer employee Edward J. Roddy Award Exceptional Robert T. service by an Dial examiner Nancy K. Rector Award Exceptional Patricia Ann service of a R iley humanitarian nature Implementation and administration of the Freedom of Information Act. During 1976, the Corporation responded to 124 requests under the Freedom of Informa tion A ct for access to or copies of records in its possession. Twelve of the requests were either misdirected to the Corpora tion or the records requested were not in the Corporation's possession, and the re questers were notified accordingly. Of the remaining 112 requests, the Corporation granted in full 52 requests. Thirty-six requests were wholly denied; 23 requests were granted in part and de nied in part. One request was outstanding as of December 31, 1976. The Board of Directors received only 10 appeals from initial denials. After considering those appeals, the Board reversed one initial denial, thereby directing that the records requested be made available to the re quester; sustained seven other initial denials; and granted in part and denied in part the appeal from one initial denial; one appeal had not been acted upon as of December 31, 1976. In wholly or partially denying certain requests, the Corporation invoked those provisions of the Freedom of Information Act which authorize an agency to exempt from disclosure matters that are (1) con tained in or related to examination, oper ating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or super vision of financial institutions; (2) trade secrets and commercial or financial infor mation obtained from a person and priv ileged or confidential; (3) inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency; and (4) personnel and medical files and similar files the disclo sure of which would constitute a clearly unwarranted invasion of personal privacy. To expedite the processing of requests for records pursuant to the Freedom of Information Act, the Board of Directors delegated authority to initially deny such requests to the Executive Secretary or his designee on September 22, 1976. That authority had previously been vested in the Chairman of the Corporation. Audit. The Corporation's Office of Corporate Audits has the responsibility of performing independent audits of all fi nancial and operational activities w ithin the Corporation, and for reporting audit results and recommendations to executive management. During the year the office conducted numerous audits relating to the administration of the insurance fund, the proper conduct of Corporation busi ness, and the multi-billion-dollar liquida tion activities in which the FDIC is in volved. Qualified CPA firms were used to supplement the resources of the Office of Corporate Audits when unusual and non recurring requirements arose. In addition to our continuing internal audit activity, the financial transactions of the Corpora tion are audited annually by the General Accounting Office and audit results are reported to the Congress. This external audit review provides additional assurance as to the fairness of our financial state ment presentation and the appropriate ness of our accounting practices. FINANCES OF THE CORPORATION During 1976 the Corporation's consis tent financial growth continued. Its total assets, its cash flow for the year, its FINANCES OF THE CORPORATION deposit insurance fund, and the yield on its portfolio of government securities all reached new highs. Notwithstanding substantial outlays in connection with a larger-than-normal number of bank failures, the Corpora tion's financial position on December 31, 1976, testified to the basic strengths of its statutory funding and investment operations. A t the close of business in 1976 the Corporation's assets totaled $8.6 billion. Cash and United States Government secu rities valued at amortized cost plus ac crued interest were $6.8 billion. Equity in assets acquired from failed banks in pur chase and assumption and depositor pay off transactions, in notes purchased to facilitate deposit assumptions and merg ers, and in direct assistance to operating banks totaled $2.0 billion before deduct ing reserves for losses. Of this total, approximately $849 m illion represented equity in assets acquired as a result of the closing of Franklin National Bank on Oc tober 8, 1974. On the same date, the Corporation's liabilities totaled $1.3 billion; nearly $849 m illion of these liabilities consisted of the unpaid balance of a note, including accrued interest, held by the Federal Reserve Bank of New York, which had provided financial assistance to Franklin National Bank before the assumption of certain of Franklin National's liabilities in 1974 by European-American Bank & Trust Company. The remaining liabilities consisted largely of assessment credits due insured banks, most of which will become available on July 1, 1977. The Corporation's total gross revenues in 1976 amounted to $1.1 billion, an in crease of $92 m illion over 1975. Of this total, $676 m illion was derived from the gross assessments payable by insured banks during the year; $445 m illion was received as interest on the Corporation's portfolio of United States Government securities, in which the Federal Deposit Insurance A ct requires that its surplus 31 funds must be invested; and $24 m illion from other sources. During 1976, the Corporation con tinued to take action to improve yields on its investments and to compress the m aturity structure of its investment port folio. In this process, w ith the assistance of the Department of the Treasury, the Corporation sold approximately $748 million face value of low-yield marketable bonds which the Corporation purchased many years ago. These particular bonds, characterized by long maturities and low interest rates, had served in recent years as an obvious drag on the Corporation's efforts to improve the average yield on its total portfolio. Although this sale re sulted in an expected immediate book loss to the Corporation of approximately $106 m illion, the proceeds of the sale, totaling $641 m illion, were immediately reinvested in shorter-term securities with an average annual yield on cost 7.74 per cent. This sale, which the Corporation had been pursuing for a considerable period, enabled the Corporation to increase its revenues derived from interest by approx imately $22 m illion annually, and in creased its average annual portfolio yield on cost from 6.47 percent as of Decem ber 31, 1975, to 7.11 percent as of December 31, 1976. The Corporation estimates that it w ill recover the book losses from this transaction over a period of 7 years or less, through reinvestment of the proceeds in markedly higheryielding securities. The Corporation's administrative and operating expenses during 1976, includ ing a net increase of approximately $28 m illion in the reserve for insurance losses and other expenses incurred to protect depositors, totaled $107 million. As to the annual assessments required by the Federal Deposit Insurance A ct to be paid by insured banks, the basic assess ment rate since 1935 has been 1/12 of 1 percent of total assessable deposits. In 1950, legislation was enacted which had F E D E R A L DEPOSIT INSURANCE CO RPORATION 32 DEPOSITS IN INSURED BANKS, AND THE DEPOSIT INSURANCE FUND, 1 9 5 0 -1 9 7 6 B illio n s of d o lla rs 9 0 0 -----------------------------------800- TOTAL DEPOSITS X 7006005004 0 0 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------300- 20 0 - INSURED DEPOSITS (estimated) 10 0 i i 1 95 0'51 i i i i i i i i— ’52 '5 3 '5 4 '5 5 '56 '57 '5 8 '59 I— i— i— i— i— i— i— '60 '61 '6 2 '63 ’6 4 '6 5 '6 6 i— i— i— i— i— i— '67 '6 8 '6 9 '70 '71 '72 i— i— i— i '73 '74 ’75 ’76 DEPOSIT INSURANCE FUND 8 -------------------------------------------------------------------------------------------------------------- the effect of reducing the statutory rate of assessment by providing a credit to be applied against the gross assessments lev ied each year. Following another legisla tive change, this credit to insured banks has been 66-2/3 percent since December 31, 1961. This percentage is applied to the gross assessments due from banks in the calendar year after subtracting the Corporation's administrative and oper ating expenses, insurance losses, and addi tions to reserve for losses in that calendar year. Gross assessments payable by in sured banks in 1976 amounted to $35 million more than in 1975. The statutory credit to banks amounted to approxi mately $380 m illion, an increase of $17 million over the previous year. This made the net assessment paid by insured banks equal to approximately 1/27 of one per cent of assessable deposits in 1976, com pared to 1/28 of one percent in 1975. The deposit insurance fund, in effect the excess of the Corporation's assets over its liabilities, represents its accumu lated net income since the beginning of deposit insurance in 1933. This fund, which is the Corporation's basic resource for the protection of depositors, amount ed to $7.3 billion at the end of 1976, an FINANCES OF THE CORPORATION increase of $553 m illion from year-end 1975. Although it is not possible to state actuarially what the deposit insurance fund should be, it is clearly symbolic of the Corporation's financial integrity and independence, and it has been more than adequate to meet the Corporation's re quirements during its 43-year history. Additionally, the Corporation is author ized to borrow up to $3 billion from the Department of the Treasury, although it has never exercised this authority. 33 By any standards, the Corporation's finances remained strong in 1976, in spite of the necessity of increasing the number of its employees, the impact of rising costs, and financial involvement in more than the usual number of failed bank situ ations. Healthy and continuing financial growth is forecast for the future and it is expected that most key financial figures at the end of 1977 w ill exceed those re corded at the close of 1976. 34 FE D E R A L DEPOSIT INSURANCE CO RPO RATIO N COMPARATIVE STATEMENT OF FINANCIAL CONDITION (in thousands) ASSETS: Calendar year ended December 31, 1976 Cash $ U.S. Government obligations 1975 22,860 $ 6,760,229 17,359 6,472,294 Assets acquired in failures o f insured banks: Depositors claims paid $ 62,598 $ 65,686 Depositors claims unpaid 1,280 900 Equity in assets acquired 1,664,321 1,790,443 35,160 4,477 $1,763,359 $1,861,506 Assets purchased outright Less reserve fo r losses 240,601 1,522,758 213,150 1,648,356 Notes purchased: Principal $ Accrued interest 200,500 4,127 $ 204,627 1 6 3 ,0 0 0 3,518 166,518 Assistance to operating insured banks: Principal Accrued interest $ 37,000 7 $ 37,007 37,000 1 37,001 Miscellaneous assets 1,869 1,645 Land and office building less depreciation on building 6,553 6,688 $8,555,903 $8,349,861 Total Assets Notes to financial statements on pages 38-39 are an integral part o f this statement. 35 FINANCES OF THE CORPORATION FEDERAL DEPOSIT INSURANCE CORPORATION L IA B IL IT IE S A N D TH E Calendar year encJed December 31, D E P O S IT IN S U R A N C E FU N D : 1975 1976 $ Accounts payable and accrued liabilities $ 3,927 4,053 Earnest money, escrow funds, and collections held for others 3,963 2,137 Accrued annual leave 3,791 3,359 Due insured banks: Net assessment income credits Available July 1, 1976 Available July 1, 1977 Other $ $ 362,428 0 0 379,595 27,185 406,780 1,098 363,526 Liabilities incurred in failures of insured banks: F.R.B. indebtedness Principal Accrued interest $ 650,000 198,846 $1,125,000 848,846 134,847 1,259,847 Other notes payable Principal Depositors claims unpaid 18,691 0 1,280 900 7,268,625 6,716,039 $8,555,903 $8,349,861 Deposit insurance fund, net income accumulated since the beginning of the Corporation Total Liabilities and Deposit Insurance Fund F E D E R A L DEPOSIT INSURANCE CORPO RATIO N 36 C O M PAR ATIVE STATEMENT OF IN C O M E A N D THE DEPOSIT INSURANCE FUND (In thousands) Calender Year En<dec! December 31, 1976 1975 $ 676,065 $ 641,233 444,699 390,558 4,995 3,752 Revenues: Assessments earned Interest on U.S. Government securities Am ortization and discounts earned, net 0 45 17,697 15,720 1,001 304 $1,144,457 $1,051,612 $ 379,565 $ 362,304 28,001 27,619 74,849 67,688 3,861 2,152 105,595 0 Total expenses $ 591,871 $ 459,763 Net Income - A d d itio n to the deposit insurance fund $ 552,586 $ Deposit insurance fund - January 1 $6,716,039 $6,124,190 Deposit insurance fund - December 31 $7,268,625 $6,716,039 Net p ro fit on sales of U.S. Government securities Interest earned on notes receivable Other income Total revenues Expenses, losses, and assessment credits: Assessment credits returned to banks P ro v is io n f o r in s u ra n c e losses Administrative and operating expenses Nonrecoverable insurance expenses Net loss on sales of U.S. Government securities 591,849 Notes to financial statements on pages 38-39 are an integral part o f this statement. 37 FINANCES OF THE CORPO RATIO N C O M P A R A T IV E STATEMENT OF CHANGES IN F IN A N C IA L POSITION (In thousands) FEDERAL DEPOSIT INSURANCE CORPORATION Calendar year entded December 31, 1976 1975 Resources provided from : Net assessment income Interest on U.S. Government obligations Interest on notes receivable Other income Less: administrative and insurance expenses Total resources provided by operations M aturity and sale of U.S. Government obligations Collections on assets acquired in failures of insured banks Increase (decrease) in assessment credits and other liabilities Total resources provided $ 296,500 $ 278,929 444,699 390,558 17,697 15,720 1,001 304 78,575 69,704 $ 681,322 $ 615,807 2,606,985 1,723,976 362,579 135,383 45,386 73,708 $3,696,272 $2,548,874 $2,971,611 $2,211,895 695,027 323,124 29,634 13,855 $3,696,272 $2,548,874 Resources applied to: Purchase of U.S. Government obligations Acquisition o f assets in failures of insured banks Increase (decrease) in other assets Total resources applied 38 F E D E R A L DEPOSIT INSURANCE CO RPORATION NOTES TO FIN AN C IAL STATEMENTS These statements: a) Do not include accountability for the assets and liabilities of the closed insured banks for which the Corporation acts as receiver or liq uidating agent. Periodic and final accountability reports of its activi ties as receiver or liquidating agent are furnished by the Corporation to the courts, supervisory authorities, and others as required. b) Include transactions in unaudited collection and disbursement reports from liquidators of Franklin Na tional Bank, Northeast Bank of Houston, The Hamilton Bank and Trust Company, and Centennial B a nk, o f Philadelphia, for the month of December 1976. ACCOUNTING POLICIES Securities. U.S. Government securities are shown at amortized cost which is the purchase price of the securities less the amortized premium or plus the amortized discount. As of December 31, 1976, amortized premiums amounted to $8.4 million and amortized discounts $8.5 m il lion. Premiums and discounts are amor tized on a daily straight-line basis from the date of acquisition to the date of maturity. Deposit insurance assessments. The Corporation assesses insured banks at the rate of 1/12 of 1 percent per year on the bank's average deposit liability less cer tain exclusions and deductions. Assess ments are due in advance for a 6-month period and credited to income when earned each month. Each July 1, 66-2/3 percent of the Corporation's net assess ment income for the prior calendar year is made available to insured banks as a pro-rated credit against the current assess ment due. Depreciation. The office building is de preciated on a straight-line basis at the rate of 2 percent per year over a 50-year estimated life. Furniture, fixtures, and equipment are fu lly depreciated at the time of acquisition. ASSETS ACQUIRED IN RECEIVER SHIPS AND DEPOSIT ASSUMPTIONS Equity in assets acquired under agree ments with insured banks totaled $1,664 million. Of this total approximately $849 m illion represents equity in assets ac quired as a result of the closing of Frank lin National Bank on October 8, 1974. Notes purchased to facilitate deposit assumptions. As of December 31, 1976, the Corporation's outstanding notes re ceivable, purchased to facilitate deposit assumptions and mergers under section 13(e) of the Federal Deposit Insurance Act are: Crocker National Corporation $ 50,000,000 European-American B a n k & 100,000,000 Trust Company Clearing Bank 1,500,000 Marine National Exchange 2,500,000 Bank of Milwaukee First Tennessee National 16,000,000 C orporation First Tennessee National Bank 8,000,000 Bank Leumi T ru st Company o f 10,000,000 New Y o rk Southeast Banking Corporation 5,000,000 New Orleans Bancshares, Inc. 7,500,000 ASSISTANCE TO OPERATING INSURED BANKS As of December 31, 1976, the Corpo ration had two outstanding notes receiv able purchased under authority of section 13(c) of the Federal Deposit Insurance Act: one for Bank of the Commonwealth with a principal balance on the note of $35.5 m illion and the other for Unity Bank and Trust Company with a principal balance of $1.5 million. Bank of the Commonwealth. Maturity dates of the Bank of the Commonwealth notes were extended in 1976 from 1977 to 1982-87. In addition to changing the basis of computing interest from a fixed rate to a formula related to net income, the new terms provide for a prepayment FINANCES OF THE CORPORATION incentive discount. As a condition of the extension and modification agreement, the bank agreed to a recapitalization plan which was in progress but not fu lly com pleted at year-end. Unity Bank and Trust Company. On December 27, 1976, the Federal Deposit Insurance Corporation announced that the Board of Directors had agreed to ex tend until June 30, 1982, the $1.5 m il lion capital note of U nity Bank and Trust Company, Boston, Massachusetts, which matured on December 31, 1976. Payment of principal and interest on the note will be in accordance with the terms of the amended note. LIA B ILITIE S INCURRED IN RECEIV ERSHIP AND DEPOSIT ASSUMPTION TRANSACTIONS Federal Reserve Bank of New York indebtedness. As of December 31, 1976, the principal outstanding balance due the Federal Reserve Bank of New York was $650 m illion. Accrued interest payable of $199 m illion represents interest for 817 days at the rate of 7.52 percent simple interest per annum on the unpaid prin cipal balances, since inception, due to the Federal Reserve Bank of New York and after deducting $5 m illion for certain out-of-pocket expenses incurred by the Corporation as provided for in the agree ment of sale. Other notes payable. This amount rep resents the unpaid principal on the Cor poration's unsecured notes designated "5.775% Series A Notes due January 1, 39 1988" and "5.775% Series B Notes due January 1, 1990" as set forth in the con sents, exchange agreement, and agree ments of release and satisfaction related to the sale of Franklin Buildings, Inc. to European-American Bank & Trust Com pany. CONTINGENT LIA B ILITIE S Savings c e rtific a te s , 8-% percent growth and savings certificates, 8-% per cent income. In accordance w ith the in dem nification agreement between the Corporation and The Bank of New Or leans and Trust Company, the Corpora tion agreed to indemnify the bank, by paying to the bank on a monthly basis, an amount equal to the difference between the interest accrued on the outstanding principal and interest balances on certain specified savings certificates (referred to collectively as the "w ild card indebted ness") and the interest that would accrue during the month at the Treasury bill rate. Southern Bancorporation — Note re ceivable. On December 9, 1976, Southern Bancorporation repaid in full the $8 m il lion note that the Corporation had pur chased on September 24, 1974. Southern Bancorporation financed this transaction by obtaining a loan from First Union National Bank of North Carolina. To induce FUNB to enter the loan agree ment, the FDIC agreed to guarantee the payment of 75 percent of the principal amount of the loan on the terms and con ditions set forth in the guarantee agree ment. ------------- ENFORCEMENT PROCEEDINGS PART TWO v J 43 ACTIONS TO TERMINATE INSURED STATUS Actions to Terminate Insured Status Federal Deposit Insurance Act - Section 8 (a) The Corporation has issued 27 termination of insurance actions since January 1971. In each case, the bank was found to be in unsafe and unsound condition. Also, a number of other termination of insur ance actions have been recommended but were withdrawn prior to action by our Board because of favorable interim affirmative actions on the part of either the banks or management-shareholders. As in the case of cease-and-desist actions, the threat of termination of insurance has caused many af firmative action programs on the part of banks which negated the need for finalizing the actions. Su m m a ry o f cases Deposits—$11.1 million Notice of intention to terminate in sured status issued on January 22, 1971. Bank was ordered to provide an active and capable management, elimi nate by charge-off or otherwise certain classified assets, correct all violations of law listed in the report of examina tion, and adopt and strictly follow written loan policies if continued in sured status was desired. The action was terminated on June 30, 1971, when subject was merged with another bank. Deposits—$13.4 million Notice of intention to terminate in sured status issued on March 12, 1971. Bank was ordered to provide an active and capable management, eliminate c e rta in assets from its books by charge-off or otherwise, correct all vio lations of law listed in the examination report, adopt and strictly follow w rit ten loan policies, pay no cash divi dends without the prior consent of the Banking Commissioner and the FDIC, reduce the loan-to-deposit ratio, not accept or acquire directly or indirectly brokered deposits, eliminate from its capital accounts all income collected but not earned, and provide adequate capital and reserves if continued in sured status was desired. The action was terminated on De cember 17, 1971, based upon substan tial compliance with the corrective orders. Deposits—$3.8 million Notice of intention to terminate in sured status issued on June 30, 1971. Bank was ordered to provide an active and capable management, eliminate ce rta in assets from its books by charge-off or otherwise, reduce the re maining classified assets, correct all violations of law listed in the report of examination, adopt and strictly follow satisfactory written loan policies, pay no cash dividends w ithout the prior consent of the Commissioner of Bank ing and the FDIC, and put the assets of the bank in such form and condi tion as to be acceptable to the Com missioner of Banking and the FDIC if continued insured status was desired. The action was terminated on April 6, 1973, based upon substantial com pliance with the corrective orders. Deposits—$5.9 million Notice of intention to terminate in sured status issued on November 19, 1971. Bank was ordered to provide an active and capable management, elimi nate from its books certain assets by charge-off or otherwise, refrain from extending credit directly or indirectly for the benefit of a director, reduce the remaining classified assets, adopt and strictly follow satisfactory written loan policies, pay no cash dividends without the prior consent of the Com missioner of Banking and the FDIC, and put the assets of the bank in such form and condition as to be acceptable to the Commissioner of Banking and the FDIC if continued insured status was desired. The action was terminated July 7, 1972, based upon substantial com pliance with the corrective orders. Deposits—$12.6 million Notice of intention to terminate in sured status issued on December 17, 1971. Bank was ordered to eliminate from its book assets, by charge-off or otherwise, certain classified assets, to put other assets of the bank in a satis factory form and condition, and to provide acceptable capital funds if continued insured status was desired. The action was terminated on July 14, 1972, based upon substantial com pliance with the corrective orders. FEDERAL DEPOSIT INSURANCE CORPORATION 44 Bank No. Bank No. 6 8 Deposits—$8.2 million Notice of intention to terminate in sured status issued on January 27, 1972. Bank was ordered to provide acceptable management, eliminate or reduce adversely classified assets, adopt acceptable loan policies, correct violations of law, and provide accept able capital funds if continued insured status was desired. The action was terminated on May 14, 1973, based upon substantial com pliance with the corrective orders. Deposits-$4.1 m illion Notice of intention to terminate in sured status issued on March 17, 1972. Bank was ordered to provide accept able management, eliminate or reduce adversely classified assets, adopt ac ceptable loan policies, correct viola tions of law, and provide acceptable capital funds if continued insured sta tus was desired. The action was terminated on De cember 4, 1972, based upon substan tial compliance with the corrective orders. Deposits—$1.9 million Notice of intention to terminate in sured status issued on May 1, 1972. Bank was ordered to provide accept able management, eliminate or reduce adversely classified assets, adopt ac ceptable loan policies, and provide ac ceptable capital funds if continued in sured status was desired. The action was terminated on June 11, 1973, based upon substantial com pliance with the corrective orders. 9 Deposits—$12.6 million Notice of intention to terminate in sured status issued on October 30, 1972. Bank was ordered to eliminate or reduce adversely classified assets, obtain supporting documents prior to extending credits, adopt acceptable loan policies, and provide acceptable capital funds if continued insured sta tus was desired. The action was terminated on March 1, 1974, based upon substantial compliance w ith the corrective orders. 10 Deposits—$5.5 million Notice of intention to terminate in sured status issued on November 21, 1972. Bank was ordered to provide ac ceptable management, eliminate or reduce adversely classified assets, ob tain supporting documents prior to extending credits, strictly adhere to its written loan policies, correct violations of laws, and provide acceptable capital funds if continued insured status was desired. The action was terminated on May 29, 1974, based upon substantial com pliance with the corrective orders. 11 Deposits—$3.9 million Notice of intention to terminate in sured status issued on May 14, 1973. Bank was ordered to eliminate or re duce adversely classified assets, adopt acceptable loan policies, correct viola tions of law, and provide acceptable capital funds if continued insured sta tus was desired. The action was terminated on August 11, 1975, based upon substan tial compliance with the corrective orders and a change in control owner ship. 12 Deposits—$18.6 million Notice of intention to terminate in sured status issued on June 28, 1974. Bank was ordered to provide accept able management, eliminate or reduce adversely classified assets, adopt ac ceptable loan policies, and correct vio lations of law if continued insured sta tus was desired. The action to terminate insured sta tus was in the hearing stage when the bank was closed on June 14, 1976. Deposits—$13.8 million Notice of intention to terminate in sured status issued on August 12, 1974. Bank was ordered to provide ac ceptable management, eliminate or re duce adversely classified assets, adopt acceptable loan policies, pay no cash dividends without prior written con sent, provide acceptable capital, and correct violations of law if continued insured status was desired. T he action was terminated on August 11, 1975, because of tempo rary compliance; however, due to fu r ther deterioration and the length of time since the issuance of the initial order, a new order was simultaneously issued. 13 14 Deposits—$6.6 m illion Notice of intention to terminate in sured status issued on August 12, 1974. Bank was ordered to provide ac ceptable management, eliminate or re duce adversely classified assets, adopt acceptable loan policies, lim it invest ACTIONS TO TERMINATE INSURED STATUS ment in securities to U.S. Government or Agency obligations maturing within 5 years, cease paying preferential rates of interest on certificates of deposit or other obligations to ownership inter ests, and correct violations of law if continued insured status was desired. The action to terminate insured sta tus was in the hearing stage when the bank was closed on May 30, 1975. 15 16 Deposits—$4.2 million Notice of intention to terminate in sured status issued on June 19, 1975. Bank was ordered to provide accept able management, eliminate or reduce adversely classified assets, reduce its loan volume, adopt and comply with a loan policy, discontinue cash divi dends, and obtain a certain level of capital if continued insured status was desired. The bank was closed on January 12, 1976. Deposits—$0.8 million Notice of intention to terminate in sured status issued on July 25, 1975. Bank was ordered to provide accept able management, eliminate or reduce adversely classified assets, define an ac ceptable trade area, curtail direct and indirect loans to insiders, restrict its loan volume, comply with certain in vestment restrictions, comply with all tion of Insurance which could be dated by the bank or the Corporation after 90 days. After this period, an ex amination indicated both further de terioration and continued noncom pliance, and the Corporation dated the document on August 16, 1976. The bank was closed on November 22, 1976. 18 Deposits—$16.1 million Notice of intention to terminate in sured status issued on September 16, 1975. Bank was ordered to provide ac ceptable management, eliminate or re duce adversely classified assets, adopt and comply with a loan policy, pro vide for an orderly liquidation of cer ta in stock holdings, comply with applicable laws, rules, and regulations, appoint a committee to approve and co n tro l expenses, discontinue cash dividends, and obtain a certain level of capital if continued insured status was desired. The action to terminate insured sta tus was in the hearing stage when the bank was closed on October 20, 1976. 19 Deposits—$15.9 million Notice of intention to terminate in sured status issued on October 9, 1975. Bank was ordered to provide ac ceptable management, eliminate or re duce adversely classified assets, reduce and maintain loan volume at a certain level, reduce its overdue loans not to exceed a certain percentage of out standing loans, maintain a primary and secondary reserve position equal to a certain percentage of total resources, adopt and comply with loan and in vestment policies, and obtain a certain level of capital if continued insured status was desired. The bank was closed on October 24, 1975. 20 Deposits—$18.9 million Notice of intention to terminate in sured status issued on April 8, 1976. Bank was ordered to provide accept able management, eliminate or reduce adversely classified assets, reduce over due loans to a specified level, reduce the book value of other real estate in accordance with statutory provisions, comply with applicable laws, rules, and regulations, discontinue cash divi dends, and obtain a certain level of capital if continued insured status was desired. a p p lica b le laws, rules, and re g u la tio n s, discontinue cash dividends, and obtain a certain level of capital if continued insured status was desired. The action to terminate insured sta tus was in the hearing stage when the bank was closed on June 25, 1976. 17 Deposits—$13.8 million Notice of intention to terminate in sured status issued on August 11, 1975. Bank was ordered to provide ac ceptable management, eliminate or re duce adversely classified assets, reduce and maintain loan volume at a certain level, eliminate all adversely classified insider loans and reduce and maintain all such loans at a certain level, adopt and comply with a loan policy, discon tinue cash dividends, obtain a certain level of capital, comply with all applic able laws, rules, and regulations, and refrain from participating in any trans actions with a certain affiliate if con tinued insured status was desired. During the hearing stage, the bank signed an undated Voluntary Termina 45 46 FEDERAL DEPOSIT INSURANCE CORPORATION Bank No. Bank No. The bank was closed on June 3, 1976. 21 22 23 Deposits—$33.1 million Notice of intention to terminate in sured status issued on June 16, 1976. Bank was ordered to provide accept able management, eliminate or reduce adversely classified assets, eliminate adversely classified loans to insiders and certain shareholders of the bank and holding company, eliminate con centrations of credit, discontinue cash dividends and management fees, com ply with applicable laws, rules, and regulations, adopt and follow accept able loan policies, and obtain a certain level of capital if continued insured status was desired. An examination to determine the extent of correction was made and the bank was found not to be in compli ance with the order. The action is in the hearing stage. Deposits—$2.9 m illion Notice of intention to terminate in sured status issued on July 6, 1976. Bank was ordered to provide accept able management, eliminate or reduce adversely classified assets, reduce loan volume to a specific level, lim it invest ments in securities to U.S. Treasury or Agency obligations, eliminate adverse ly classified loans to insiders, provide adequate liquidity, comply w ith ap plicable laws, rules, and regulations, adopt and follow acceptable loan poli cies, discontinue cash dividends, and obtain a certain level of capital if con tinued insured status was desired. Deposits—$68.0 million Notice of intention to terminate in sured status issued on July 22, 1976. Bank was ordered to provide accept able management, comply with applic able laws, rules, and regulations, elimi nate or reduce adversely classified assets, reduce overdue loans to a spe cific level, adopt and follow acceptable loan policies, discontinue cash divi dends, refrain from the purchase or sale of loan participations or extending credit to insiders of closely related banks, refrain from extending credit to or secured by stock of the holding company, and obtain a certain level of capital if continued insured status was desired. Deposits—$ 11.4 million Notice of intention to terminate in 25 26 27 sured status issued on September 7, 1976. Bank was ordered to provide ac ceptable management, eliminate or re duce adversely classified assets, reduce overdue loans to a specific level, com ply with applicable laws, rules, and regulations, adopt and follow accept able loan policies, discontinue cash dividends, adopt and follow acceptable internal control and audit procedures, refrain from preferential treatment of insiders, and obtain a certain level of capital if continued insured status was desired. Deposits—$4.2 m illion Notice of intention to terminate in sured status issued on September 7, 1976. Bank was ordered to provide ac ceptable management, eliminate or re duce adversely classified assets, reduce overdue loans to a specific level, elimi nate adversely classified loans to in siders, reduce the volume of exten sions of credit to insiders to a specific level, comply with applicable laws, rules, and regulations, reduce the book value of other real estate in accordance with statutory requirements, and ob tain a certain level of capital if con tinued insured status was desired. Deposits—$7.9 m illion Notice of intention to terminate in sured status issued on October 19, 1976. Bank was ordered to provide ac ceptable management, eliminate or re duce adversely classified assets, reduce overdue loans to a specific level, com ply with applicable laws, rules, and regulations, discontinue cash divi dends, adopt and follow acceptable loan policies, actively seek fidelity in surance coverage, and obtain a certain capital level if continued insured status was desired. Deposits—$163.5 million Notice of intention to terminate in sured status issued on November 19, 1976. Bank was ordered to provide ac ceptable management, eliminate or re duce adversely classified assets, adopt a plan to control expenses, eliminate concentrations of credit, comply with applicable laws, rules, and regulations, reduce overdue loans to a specific level, adopt and follow acceptable loan policies, discontinue cash dividends, and obtain a certain level of capital if continued insured status was desired. The bank was closed on December 3, 1976. CEASE-AND-DESIST ACTIONS Cease-and-Desist Actions Federal Deposit Insurance Act - Section 8 (b) The Corporation has issued 61 cease-and-desist actions since January 1971. In addition, five tem porary cease-and-desist orders were issued in 1976. In each case, the bank was ordered to cease and desist from unsafe and unsound practices and to take affirmative action to correct certain condi tions. Several such actions are now in various stages of processing. In addition to these cases, a number of other cease-and-desist actions have been authorized by the Corporation's Board of Directors which were never consented to by banks or adopted in final form by our Board because of favorable interim affirmative actions by either the banks or management-shareholders. In effect, the threat of a ceaseand-desist action has caused many banks to under take favorable affirmative action programs, which negated the need for finalizing the authorized cease-and-desist actions. In three other cases, formal written agreements between banks and the Corporation were ratified by our Board of Directors. Noncompliance with these formal w ritten agreements can be enforced by a subsequent cease-and-desist action. Section 8 (m) of the Federal Deposit Insurance Act provides the State supervisory authorities with the opportunity to initiate independent corrective action after the Corporation has served notice of intent to take formal action. While in most cases the State supervisory authorities choose to join the Corporation in any such action, some State bank ing laws do provide for independent cease-anddesist actions which have been utilized in a number of instances—either prior or subsequent to notice of intent by the Corporation. A compila tion of these State supervisory authority ceaseand-desist actions is not maintained by the FDIC, but the corrective orders are analyzed and checked for compliance on a case-by-case basis at each examination of the involved banks. Su m m a ry o f cases Bank No. 1 Deposits—$64.6 m illion Cease-and-desist order entered on June 17, 1971. Bank ordered to re duce the volume of municipal bonds, realign other assets to improve liquid ity, curtail direct and indirect loans to insiders, provide acceptable manage ment, and inject new capital funds. Order terminated on December 10, 1971, following the sale of controlling interest by the unsatisfactory manage ment, sale of new capital funds, sub stantial compliance with the ceaseand-desist order, and designation of new management. 47 Bank No. ^ 1 Deposits—$46.1 million Cease-and-desist order entered on July 12, 1971. Bank ordered to elim i nate transactions with self-serving ownership. Order terminated on January 12, 1973, following change of stock con trol and a revamping of the board of directors. Deposits—$7.3 m illion Cease-and-desist order entered on July 12, 1971. Bank ordered to elim in a te transactions with self-serving ownership. Order terminated on May 1, 1972, following the sale of controlling inter est by the unsatisfactory management and restoration of the capital accounts to an acceptable level. Deposits—$1.0 million Cease-and-desist order entered on July 12, 1971. Bank ordered to elim in a te transactions with self-serving ownership. O rder terminated on April 17, 1972, following the sale of controlling interest by the unsatisfactory manage ment and restoration of the capital accounts to an acceptable level. 5 g Deposits—$20.2 million Cease-and-desist order entered on July 12, 1971. Bank ordered to elim in a te transactions with self-serving ownership. Order terminated on December 10, 1971, following the sale of controlling interest by the unsatisfactory manage ment and restoration of the capital to an acceptable level. Deposits—$5.1 million Cease-and-desist order entered on July 12, 1971. Bank ordered to cor rect violations of laws and regulations, correct operating deficits, and restore capital accounts to an acceptable level. Order terminated on July 8, 1974, following substantial compliance with corrective orders, favorable trends, improved prospects, and augmented capital. Deposits—$4.6 million Cease-and-desist order entered on November 19, 1971. Bank ordered to eliminate transactions with a selfserving ownership and management. Order terminated on May 2, 1974, following change of control and man agement and asset improvement. FEDERAL DEPOSIT INSURANCE CORPORATION 48 Bank No. Bank No. 8 9 Deposits—$6.5 million Cease-and-desist order entered on January 6, 1972. Bank ordered to pro vide its shareholders with adequate in formation pertaining to the conditions and activities of the bank in full com pliance with various requirements of sections 12, 13, and 14 of the Secur ities Exchange Act of 1934 and sec tion 335 of the Federal Deposit Insur ance Corporation's Rules and Regula tions. Deposits—$5.1 m illion Cease-and-desist order entered on February 15, 1972. Bank ordered to correct misuse of credit facilities by controlling stockholders. Order terminated on May 29, 1974, when compliance with the condition was accomplished. 10 Deposits—$18.9 million Cease-and-desist order entered on March 31, 1972. Bank ordered to cor rect hazardous lending policies and in adequate capital caused by incompe tent active management and a com placent directorate. Order terminated on August 28, 1973, when substantial compliance with almost all conditions had been ac complished. 11 Deposits—$1.8 million Cease-and-desist order entered on May 5, 1972. Bank ordered to correct its sharply declining asset condition and capital inadequacy resulting from tw o successive inept managementownership groups. O rde r terminated on June 25, 1973, following change of management-ownership, improved asset condi tion, and substantial compliance with other parts of the order. 12 Deposits—$3.6 million Cease-and-desist order entered on May 5, 1972. Bank ordered to take affirmative action with respect to an excessive volume of high-risk loans, sizable loan losses, and inadequate cap ital which resulted from policies of a liberal, self-serving, and domineering controlling owner and a weak, ineffec tive management. Order terminated on April 8, 1976, when substantial compliance with all conditions had been accomplished. Deposits—$60.0 million Cease-and-desist order entered on August 18, 1972. Bank ordered to cor rect repeated and flagrant violations of applicable laws and regulations. Order terminated on May 14, 1973, upon compliance with requirements contained therein. 14 15 Deposits—$3.7 m illion Cease-and-desist order entered on November 21, 1972. Bank ordered to correct excessive risk in the loan ac count, inadequate capital, w illfu l and continued violations of applicable stat utes, and generally unsatisfactory operations resulting from liberal lend ing policies of self-serving controlling interests. O rde r terminated on June 19, 1974, fo llo w in g substantial com pliance with the corrective require ments. Deposits—$4.7 million Cease-and-desist order entered on November 21, 1972. Bank ordered to reduce excessive exposure in the loan account and increasing loan losses and to correct an inadequate and diminish ing level of capital and unsatisfactory operations under the self-serving domi nation of the controlling interests. Order terminated on February 8, 1974, after substantial improvements in the bank's asset-capital condition and operations within the constraints of the cease-and-desist order. 16 Deposits—$2.0 m illion Cease-and-desist order entered on December 4, 1972. Bank ordered to correct excessive risk in the loan ac count, increasing losses, and a shrink ing level of capital which resulted from liberal lending policies fostered by the bank's management-ownership. Order terminated on February 8, 1974, following examinations which disclosed improvements, and full or substantial compliance w ith all correc tive provisions. 17 Deposits—$1.3 m illion Cease-and-desist order entered on December 18, 1972. Bank ordered to reduce an excessive volume of classi fied loans and improve inadequate cap ital and poor liquidity resulting from expansionary and liberal policies of inexperienced management-ownership. 18 Deposits—$2.5 million Cease-and-desist order entered on February 12, 1973. Bank ordered to correct excessive adversely classified loans and an inadequate capital struc CEASE-AND-DESIST ACTIONS ture which developed as a result of liberal lending policies and the weak management ability of ownership and its subservient staff. Order terminated on February 11, 1975, following substantial improve ment in the bank's asset-capital condi tion. 19 20 21 22 Deposits—$28.0 million Cease-and-desist order entered on April 23, 1973. Bank ordered to elim inate heavy and severe adverse classifi cations of loans extended to a group of related construction firms which resulted in violations of law, heavy losses, deterioration of other segments of the loan portfolio, and capital in adequacy. Order terminated on December 23, 1974, following the elimination of the adversely classified concentrations of credit and the injection of new capital funds. Deposits—$3.8 million Cease-and-desist order entered on May 21, 1973. Bank ordered to cor rect excessive risk in the loan account, a declining level of capital protection, deficit earnings resulting from heavy loan losses, and other problems stem ming from a management dispute re sulting in the resignation of three directors including the former execu tive officer. The order to cease and desist included requirements for man agement improvements, rehabilitation of asset condition, a capital improve ment program, and adoption of w rit ten lending and internal operating policies. Order terminated on September 7, 1976, following substantial compli ance with the corrective provisions. Deposits—$3.1 million Cease-and-desist order entered on June 25, 1973. Bank ordered to take affirm ative action with respect to excessive adversely classified credits in volving several out-of-area or selfserving loans, potential losses from irregularities, and inadequate capital protection. Order terminated on August 11, 1975, as conditions were fulfilled in cluding the injection of new equity capital. Deposits—$2.9 million Cease-and-desist order entered on July 31, 1973. Bank ordered to end 23 24 25 26 49 unsound securities transactions and re duce excessive municipal bond hold ings which threatened the solvency of the bank through the resulting market depreciation, illiquid position, and trading losses incurred. Deposits—$5.5 million Cease-and-desist order entered on July 31, 1973. Bank ordered to com ply with Federal Reserve Regulation Z. Order terminated on November 26, 1975, after bank was found to be in compliance with the corrective provi sions. Deposits—$51.6 million Cease-and-desist order entered on September 24, 1973. Bank ordered to provide acceptable management; im plement and maintain lending, invest ment, and operating policies in accord with sound banking practices; conform to all applicable laws, rules, and regula tions; and reduce the excessive volume of weak credits. Order terminated on November 26, 1975, when the bank was found to be in compliance with the corrective pro visions. Deposits—$4.1 million Cease-and-desist order entered on October 15, 1973. Bank ordered to reduce the high volume of adversely classified loans and an excessive delin quency ratio, to end continued viola tions of laws and regulations, and to improve a deteriorated capital position which resulted from the increasingly liberal lending policies of the control ling stockholder and executive officer, coupled with a complacent directorate and incompetent staff. Order terminated on September 2, 1975, following improvements in asset quality, substantial compliance with requirements included in the order to cease and desist, and the revitalization of sincere concern to effect improve ments by the staff and directorate. Deposits—$13.9 million Cease-and-desist order entered on January 29, 1974. Bank ordered to take affirmative action with respect to excessive loan classifications, inept and self-serving management, violations of law, concentrations of credit, and un controlled expenses. Order terminated on July 24, 1974, following the sale of control of the 50 FEDERAL DEPOSIT INSURANCE CORPORATION Bank No. Bank No. lending limits and the acceptance of securities collateral w ithout observing prudent banking practices, and to pre pare for the lawful and orderly disposi tion of such securities in the event such disposition became necessary. bank to a new group and injection of capital funds. 27 28 29 30 Deposits—$3.9 million Cease-and-desist order entered on April 11, 1974. Bank ordered to take affirm ative action with respect to serious asset problems which developed as total loan volume was rapidly expanded, capital inadequacy which developed as the loan portfolio dete riorated in credit quality, hazardous lending and collection policies, and violations of laws and regulations. Order terminated on July 6, 1976, following compliance with the correc tive provisions. Deposits—$2.9 million Cease-and-desist order entered on June 7, 1974. Bank ordered to reduce the heavy volume of adverse classifica tions, end speculative land contracts to out-of-territory borrowers, implement sound lending, investment, and oper ating policies, and correct an inade quate capital structure. The bank was closed on December 19, 1975. Deposits—$49.5 m illion Action begun on July 22, 1974, and cease-and-desist order entered on June 11, 1975, following a hearing. Bank ordered to reduce the large vol ume of adversely classified loans which far exceeded capital and reserves and centered in two massive concentra tions of credit. Other weaknesses con sisted of an overloaned and illiquid position, inadequate capital protec tion, and numerous, frequent, and flagrant violations. Deposits $15.1 million Cease-and-desist order entered on October 15, 1974. Bank ordered to take affirmative action with respect to the massive volume of weak loans and loan losses taken in recent years, an inadequate margin of capital protec tion, an overloaned and illiquid posi tion, poor earnings, and a pattern of numerous and repeated violations. Order terminated on April 8, 1976, following substantial compliance with the corrective provisions. Deposits—$18.4 million Cease-and-desist order entered on March 26, 1975. Bank ordered to dis continue unauthorized and unlawful acts by its officers, directors, or em ployees, including the exceeding of 32 Deposits—$9.9 million Cease-and-desist order entered on May 9, 1975. Bank ordered to provide acceptable management; reduce ad versely classified assets and loan vol ume; adhere to loan policy; comply with laws, rules, and regulations; im prove loan documentation, internal routine, and controls; inject new cap ital funds; and discontinue cash divi dends. 33 Deposits—$7.2 million Cease-and-desist order entered on May 9, 1975. Bank ordered to provide acceptable management, reduce ad versely classified assets, curtail loans to insiders, inject new capital, reduce bor rowings and loan volume, comply with laws, rules, and regulations, adopt and comply with a loan policy, and dis continue cash dividends. Order terminated on July 22, 1976, following substantial compliance with the corrective provisions. Deposits—$6.5 million Cease-and-desist order entered on June 19, 1975. Bank ordered to pro vide acceptable management, reduce adversely classified assets, inject new capital, comply with laws, rules, and regulations, adopt and comply with a loan policy, provide adequate liquid ity, reduce borrowings, and discon tinue cash dividends. 34 35 Deposits—$1.8 million Cease-and-desist order entered on August 11,1975. Bank ordered to pro vide acceptable management and man agement policies, reduce adversely classified assets, provide adequate cap ital and liquidity, comply with laws, rules, and regulations, and adopt and comply with a loan policy. 36 Deposits—$6.0 million Cease-and-dssist order entered on August 28, 1975. Bank ordered to pro vide acceptable management, reduce adversely classified assets, inject new capital, comply with laws, rules, and regulations, and adopt and comply with a loan policy. 37 Deposits—$5.3 million Cease-and-desist order entered on CEASE-AND-DESIST ACTIONS 38 39 40 41 42 43 October 17, 1975. Bank ordered to reduce adversely classified assets, com ply with laws, rules, and regulations, and adopt and comply with a loan policy. Deposits—$7.7 million Cease-and-desist order entered on January 29, 1976. Bank ordered to provide acceptable management, re duce adversely classified assets, inject new capital, lim it advances of credit to borrowers, comply with laws, rules, and regulations, retain credit life and accident insurance commissions, dis continue cash dividends, and eliminate a concentration of credit. Deposits—$9.1 million Cease-and-desist order entered on February 18, 1976. Bank ordered to reduce adversely classified assets; re frain from participating in any new loans and in any extension, renewal, refinancing, or additional extension of loans acquired from closely related banks; comply with laws, rules, and regulations including Financial Rec ordkeeping Regulations and the Fair Credit Reporting Act; inject new cap ital; and discontinue dividends. Deposits—$5.9 million Cease-and-desist order entered on March 30, 1976. Bank ordered to re duce adversely classified assets, inject new capital, comply with laws, rules, and regulations, adopt and comply with a loan policy, and discontinue cash dividends. Deposits—$3.1 m illion Cease-and-desist order entered on June 3, 1976. Bank ordered to provide acceptable management, reduce ad versely classified assets, inject new capital, comply with laws, rules, and regulations, adopt and comply with a loan policy, and discontinue cash divi dends. Deposits—$6.4 million Cease-and-desist order entered on July 22, 1976. Bank ordered to provide acceptable management, reduce ad versely classified assets, inject new capital, comply with laws, rules, and regulations, adopt and comply with loan and investment policies, and dis continue cash dividends. Deposits—$4.2 m illion Cease-and-desist order entered on September 7, 1976. Bank ordered to provide acceptable management, re 51 duce adversely classified assets, inject new capital, comply with laws, rules, and regulations, adopt and comply with a loan policy, and discontinue cash dividends. 44 45 46 47 Deposits—$44.6 million Cease-and-desist order entered on September 7, 1976. Bank ordered to provide acceptable management, re duce adversely classified assets, inject new capital, eliminate transactions w ith affiliates, comply with laws, rules, and regulations, adopt and com ply with loan and investment policies, and discontinue cash dividends. Deposits—$35.7 m illion Cease-and-desist order entered on September 7, 1976. Bank ordered to provide acceptable management, re duce adversely classified assets and overdue loans, discontinue cash divi dends, inject new capital, comply with laws, rules, and regulations, adopt and comply with a loan policy, and elim inate loan transactions with affiliates. Deposits—$4.8 million Cease-and-desist order entered on September 22, 1976. Bank ordered to eliminate loans to an insider, reduce adversely classified assets, provide acceptable management, comply with laws, rules, and regulations, adopt and comply w ith a loan policy, implement an audit program, and obtain fidelity coverage. Deposits—$13.0 million Cease-and-desist order entered on September 22, 1976. Bank ordered to provide acceptable management, re duce adversely classified assets and overdue loans, discontinue cash divi dends, inject new capital, comply with laws, rules, and regulations, adopt and comply with a loan policy, and elimi nate loan transactions w ith affiliates. 48 Deposits—$87.9 million Cease-and-desist order entered on October 6, 1976. Bank ordered to eliminate, collect, or establish repay ment programs for overdrafts and loans to insiders, and comply with laws, rules, and regulations. 49 Deposits—$24.7 m illion Cease-and-desist order entered on October 6, 1976. Bank ordered to eliminate, collect, or establish repay ment programs for overdrafts and loans to insiders, and comply with laws, rules, and regulations. 52 FEDERAL DEPOSIT INSURANCE CORPORATION Bank No. 50 51 52 53 54 Bank No. Deposits—$21.6 m illion Cease-and-desist order entered on October 6, 1976. Bank ordered to pro vide acceptable management, reduce adversely classified assets, inject new capital, obtain collateral for loans to certain insiders and related interests, lim it total credit extended to an indi vidual or concern and reduce such credits to the limitations set, comply with laws, rules, and regulations, adopt and comply with loan and investment policies, and discontinue cash div idends. Deposits—$17.3 million Permanent cease-and-desist order entered on October 6 , 1976, following issuance of a temporary cease-anddesist order. Bank ordered to prohibit payment of checks against uncollected funds for deposit accounts of an in sider and a foreign bank. Deposits—$138.9 million Cease-and-desist order entered on October 19, 1976. Bank ordered to provide acceptable management, re duce adversely classified assets and overdue loans, lim it payment of cash dividends, inject new capital, comply with laws, rules, and regulations, and adopt and comply with a loan policy. Deposits—$28.1 million Cease-and-desist order entered on October 19, 1976. Bank ordered to provide acceptable management, re duce adversely classified assets and overdue loans, discontinue cash divi dends, inject new capital, comply with laws, rules, and regulations, adopt and comply with a loan policy, and discon tinue overdrafts and preferential rates of interest to insiders. Deposits—$30.8 m illion Cease-and-desist order entered on November 16, 1976. Bank ordered to provide acceptable management, re duce adversely classified assets, inject new capital, discontinue cash divi dends, comply with laws, rules, and regulations, adopt and comply with a loan policy, and implement internal controls and an audit program for elec tronic data processing operations. Deposits—$88.3 million Cease-and-desist order entered on December 16, 1976. Bank ordered to inject new capital in compliance with conditions included in an order issued in 1974 in connection with Corpora tion consent to establish a branch. 50 Deposits—$13.4 million Cease-and-desist order entered on December 16, 1976. Bank ordered to provide acceptable management, re duce adversely classified assets, inject new capital, lim it new extensions of credit to insiders and related interests and concentrations of credit, reduce loan volume, comply with laws, rules, and regulations, adopt and comply with loan and investment policies, and discontinue cash dividends. 57 Deposits—$20.2 million Cease-and-desist order entered on December 16, 1976. Bank ordered to collect or eliminate adversely classified loans to certain insiders and their re lated interests, reduce adversely clas sified assets, provide acceptable man agement, inject new capital, comply with laws, rules, and regulations, and adopt and comply with a loan policy. Deposits—$2.2 million Cease-and-desist order entered on December 16, 1976. Bank ordered to provide acceptable management, re duce adversely classified assets, lim it extensions of credit to any one bor rower and related entities, discontinue participating in loans with certain re lated banks, eliminate loans to persons located outside the bank's normal trade area, reduce remuneration of cer tain officers and directors, comply with laws, rules, and regulations, adopt and comply with a loan policy, and discontinue cash dividends. 58 59 Deposits—$7.3 million Cease-and-desist order entered on December 16, 1976. Bank ordered to provide acceptable management, re duce adversely classified assets, discon tinue participating in loans with cer tain related banks, eliminate adversely classified loans to insiders, reduce con centrations of credit, eliminate loans to persons located outside the bank's normal trade area, comply with laws, rules, and regulations, adopt and com ply with a loan policy, and discontinue cash dividends. 60 Deposits—$3.6 m illion Cease-and-desist order entered on December 16, 1976. Bank ordered to provide acceptable management, re duce adversely classified assets, discon tinue participating in loans with cer tain related banks, eliminate adversely CEASE-AND-DESIST ACTIONS 53 Bank No. sound practices that the controlling shareholder, for a period of 3 years from date, would purchase within 60 days after the completion of any FDIC examination of the bank, any loan which was classified loss or doubtful in subject bank that originated in any other of the controlling shareholder's chain of banks or any loan originating outside subject bank's regular trade area. Subject bank was also to divest itself of any loan originated in any of the controlling shareholder's other banks which were classified substand ard. Divestiture was to be accom plished by sale to the originating bank or controlling stockholder. classified loans to insiders and loans to persons located outside the bank's nor mal trade area, reduce remuneration to certain officers and directors, comply with laws, rules, and regulations, adopt and comply with a loan policy, and discontinue cash dividends. 61 Deposits—$3.2 million Cease-and-desist order entered on December 16, 1976. Bank ordered to provide acceptable management; re duce adversely classified assets, over due loans, and concentrations of cred it; eliminate adversely classified loans to insiders; discontinue participating in loans with certain related banks; com ply with laws, rules, and regulations; adopt and comply with a loan policy; and discontinue cash dividends. Temporary Cease-and-Desist Actions Federal Deposit Insurance Act - Section 8 (c) Formal Written Agreements S u m m a r y o f cases S u m m a r y o f cases 1 Bank No. 1 Bank No. Deposits—$12.3 million Written agreement entered into on October 27, 1971. Bank agreed for purposes of effecting correction of un safe and unsound practices to provide acceptable management, eliminate and reduce adversely classified assets, cor re c t in te rn a l control deficiencies, adopt and comply with an internal audit program, correct violations of and in the future comply with all ap plicable laws, rules, and regulations, and adopt and comply with a written loan policy. Deposits—$14.0 million Written agreement entered into on March 2, 1972. Bank agreed for pur poses of effecting correction of unsafe and unsound practices to provide ac ceptable management, eliminate and reduce adversely classified assets, adopt and comply with a written loan policy, inject new capital, establish an unearned income account, adopt and comply with an internal audit pro gram, correct internal control deficien cies, and correct violations of and in the future comply with all applicable laws, rules, and regulations. Deposits—$2.0 million Written agreement entered into on February 14, 1973. Bank and control ling shareholder agreed for purposes of effecting correction of unsafe and un- Deposits—$17.3 million Temporary cease-and-desist order issued on July 22, 1976. Bank ordered to prohibit payment of checks against uncollected funds for deposit accounts of an insider and a foreign bank. A permanent cease-and-desist order was issued on October 6, 1976. Deposits—$16.7 million Temporary cease-and-desist order issued on July 22, 1976. Bank ordered to discontinue paying cash dividends pending resolution of charges against the bank concerning nonpayment of fair value of stock held by sharehold ers dissenting to conversion from na tional to State charter. Temporary order terminated on December 3, 1976, following resolu tion of the matter. Deposits—$15.7 m illion Temporary cease-and-desist order issued on October 6, 1976. Bank or dered to prohibit insider transactions involving extensions of credit to or for the benefit of directors, officers, or the principal shareholder or involving purchase or sale of assets to or for the benefit of the principal shareholder, to prohibit additional credit to borrowers whose loans are classified doubtful or loss, and to discontinue payment of cash dividends. The bank was closed on November 19, 1976. 54 FEDERAL DEPOSIT INSURANCE CORPORATION Bank No. 4 Deposits—$6.3 million Temporary cease-and-desist order issued on October 19, 1976. Bank or dered to discontinue declaration or payment of cash dividends. Deposits—$3.8 million Temporary cease-and-desist order issued on December 23, 1976. Bank ordered to discontinue extending cred it, directly or indirectly, over a speci fied amount to any insider or entering into any business transaction with an insider. MERGER DECISIONS OF THE CORPORATION PART THREE v. BANKS IN V O L V E D IN ABSORPTIONS APPROVED BY THE F E D E R A L DEPOSIT INSURANCE CORPORATIO N IN 1976 State Tow n o r C ity Alabama Gadsden Tuscaloosa California Beverly Hills La Habra Los Angeles San Francisco San Leandro Colorado Connecticut Woodmoor Bridgeport Chester Hartford Georgia Atlanta Byromville Marietta Roswell Smyrna Unadilla Illinois Iowa Northfield Ames Bank Etowah County Bank (in organization; change title to Gadsden Mall Bank) Gadsden Mall Bank Peoples Bank of Tuscaloosa Tuscaloosa County Bank (in organiza tion; change title to Peoples Bank of Tuscaloosa) 57 Page 106 106 106 106 Ahmanson Bank and Trust Company California Overseas Bank (in organi zation) Hacienda Bank Japan California Bank Lloyds Bank California The Mitsubishi Bank of California Bank of Montreal (California) First State Bank of Northern California 86 Bank of Woodmoor El Paso County Bank (in organi zation) 61 Metropolitan Bank & Trust Company Union Trust Company of Bridgeport Union Trust Company of Bridgeport, Inc. (in organization; change title to Union Trust Company of Bridgeport) Chester Bank Chester Savings Bank Constitution Bank and Trust Company The Colonial Bank and Trust Company of Hartford (in organization) 86 76 95 71 76 95 71 61 106 106 106 104 104 106 106 DeKalb County Bank Bank of Byromville Cobb Exchange Bank (change title to First Bank & Trust Co.) Roswell Bank First State Bank of Cobb County Exchange Bank of Unadilia (change title to State Bank and Trust Company) 82 BN Bank of Northfield (in organiza tion; change title to Bank of Northfield) Bank of Northfield 106 106 Union Company Union Story Trust & Savings Bank 61 82 73 61 73 93 93 58 State Maine F E D E R A L DEPOSIT INSURANCE CORPORATION Tow n or C ity Burlington Bank and Trust Company Hillsboro Savings Bank New London State Bank 71 71 71 Augusta Bangor Dover-Foxcroft Farmington Casco Northern National Bank Bangor Savings Bank Piscataquis Savings Bank Franklin County Savings Bank (change title to Franklin Savings Bank) Casco Bank & Trust Company Somerset Loan and Building Association 70 77 77 Boston Holyoke West Springfield Michigan Page Burlington Hillsboro New London Portland Skowhegan Massachusetts Bank Adrian Beaverton Caro Dowagiac Howard City Midland Capitol Bank and Trust Company The New Boston Bank and Trust Company The First National Bank of Boston The Park National Bank of Holyoke Western Bank and Trust Company (change title to Park West Bank and Trust Company) CSB State Bank (in organization; change title to Commercial Savings Bank) Commercial Savings Bank The Commercial Savings Bank CFC Bank (in organization) Gladwin County Bank P.S.B. State Bank (in organization) The Peoples State Bank of Caro, Michigan Community State Bank of Dowagiac DSB Bank (in organization) WSB Bank (in organization) Western State Bank First MBT Bank (in organization) First Midland Bank & Trust Company First National Bank & Trust Company of Midland (change title to First Midland Bank & Trust Company) 86 70 86 85 85 96 74 74 106 106 106 106 106 106 106 106 106 106 106 106 106 106 Mississippi Crystal Springs Jackson Truckers Exchange Bank The Mississippi Bank 89 89 New Hampshire Bristol The Bristol Savings Bank The First National Bank of Bristol (change title to The Bristol Bank) Monadnock National Bank (change title to The Monadnock Bank) Monadnock Savings Bank 79 Jaffrey 79 103 103 BANK ABSORPTIONS APPROVED BY THE CORPORATIO N 59 Page State Town or C ity New Jersey Atlantic City Cape May Court House Chatham Chatham Township Lacey Township Point Pleasant Guarantee Bank The First National Bank of Cape May Court House State Bank of Chatham The Chatham Trust Company Buffalo Irondequoit Olean Yonkers Erie County Savings Bank Genesee Federal Savings and Loan Association American Bank & Trust Company Bank Leumi Trust Company of New York Dry Dock Savings Bank New York Federal Savings and Loan Association The Manhattan Savings Bank The New York Bank for Savings Olean Savings and Loan Association Yonkers Savings Bank North Carolina Matthews Warrenton Wilson The Bank of Matthews The Citizens Bank of Warrenton Branch Banking and Trust Company Ohio Amesville Glouster Lodi Medina The First National Bank of Amesville The Glouster Community Bank The Medina County Bank SDB Bank (in organization) The Ohio State Bank of Medina (change title to The Medina County Bank) The Savings Deposit Bank Company New York New York City Bank 96 96 67 67 Citizens State Bank o f New Jersey A tlantic State Bank 101 101 98 92 85 85 91 91 99 92 98 99 68 93 68, 93 62 62 64 106 64 106 Oregon Canby Woodburn Guaranty Bank Bank of Oregon 81 81 Pennsylvania Bala-Cynwyd Greensburg Harrisburg Lincoln Bank C. W. Benner Company Dauphin Deposit Bank and Trust Company Dauphin Deposit Trust Company (change title to Dauphin Deposit Bank and Trust Company) Second Street Bank and Trust Company (in organization) The First National Bank of Lewiston Centennial Bank Commercial Bank & Trust Company American Bank and Trust Co. of Pa. 89 63 Lewiston Philadelphia Pittsburgh Reading 106 106 106 80 89 63 65 F E D E R A L DEPOSIT INSURANCE CORPORATION 60 State Tow n or C ity Shoemakersville State College Garland Texas Groveton Houston Lufkin Bank The First National Bank of Shoemakersville Central Counties Bank Garland Commerce Bank (in organiza tion; change title to Southern Bank and Trust Company) Southern Bank and Trust Company 1st & Devine State Bank (in organiza tion; change title to First Bank in Groveton) First Bank in Groveton Galleria Bank Galleria New Bank (in organization; change title to Galleria Bank) First and Townsend State Bank (in organization; change title to First Bank & Trust) First Bank & Trust Page 65 80 106 106 106 106 106 106 106 106 88 88 Vermont Burlington Hardwick The Merchants Bank Hardwick Trust Company Virginia Bristol Galax N orfolk Poquoson Pulaski Weber City Bank of Virginia-Southwest Bank of Virginia-Galax First Virginia Bank of Tidewater First Virginia Bank of the Peninsula Bank of Virginia-Pulaski Bank of Virginia-Scott Wisconsin Green Bay Thiensville Wauwatosa Wrightstown West Bank and Trust Colonial State Bank Security Bank on Capitol The Farmers and Traders Bank Washington Everett Granite Falls Lynnwood Seattle Bank of Everett Granite Falls State Bank City Bank Evergreen State Bank 61 61 84 84 Boston Leasing, GmbH 96 66, 69 69 94 94 69 66 102 76 76 102 Other Areas Federal Republic Frankfurt of Germany BANKS INVOLVED IN ABSORPTION DENIED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION IN 1976 Michigan Au Gres Stand ish The Au Gres State Bank State Bank of Standish 107 107 61 BANK ABSORPTIONS APPROVED BY THE CORPORATION Bank ing Resources offices in (in ope ratio n thousands o f dollars) Before A fte r El Paso C o u n ty B a n k 500 1 (in organization) Woodmoor, Colorado to purchase certa in assets and as sume the d ep osit lia b ilitie s o f Bank o f W oodm oor 5,112 1 Woodmoor Approved under emergency provisions. No re port requested from the Attorney General. Basis for Corporation approval, January 14,1976 El Paso County Bank, Woodmoor (P.O. Monu ment), Colorado, a newly chartered State non member bank having capital funds of $500,000, has applied, pursuant to section 18(c) of the Fed eral Deposit Insurance Act, for the Corporation's consent to purchase certain assets of and assume the liability to pay deposits made in Bank of Woodmoor, Woodmoor (P. O. Monument), Colo rado, an insured State nonmember bank with total assets of $5,112,000 as of June 30, 1975. As of January 12, 1976, Bank of Woodmoor had deposits of some $3,567,100 and operated one office. On January 12, 1976, the Federal De posit Insurance Corporation was appointed as re ceiver of Bank of Woodmoor. The Board of Directors finds that the failure of Bank of Woodmoor requires it to act immediately and thus waives publication of notice, dispenses with solicitation of competitive reports from other agencies, and authorizes the transaction to be con summated immediately. of $57,044,000, has applied, pursuant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corporation's prior ap proval to acquire certain assets of and assume the liability to pay deposits made in Granite Falls State Bank, Granite Falls, Washington, an insured State nonmember bank with total resources of $1,881,000. As an incident to the proposed trans action, the sole office of Granite Falls State Bank would become a branch of Bank of Everett. The proposed transaction presents virtually no competitive problems. Granite Falls State Bank is an ineffective competitor. Bank of Everett, whose main office is 16 miles southwest of Granite Falls and whose nearest branch is 12 miles away, has 13.6 percent of total commercial bank deposits held by all such banks within 15 miles of Granite Falls and would gain only another 0.5 percent by th is transaction. This area is dominated by Seattle-First National Bank and Everett Trust & Savings Bank with 45.3 and 28.9 percent, respec tively, of the area's commercial bank I PC deposits. Indeed, because of Granite Falls State Bank's small size, the competitive significance of this trans action would be virtually equivalent to the estab lishment of a de novo branch. For reasons related to the condition of Granite Falls State Bank and the fact that the Corporation has been advised that the Supervisor of Banks of the State of Washington intends to take possession of the bank if this proposed transaction is not con summated, the Board of Directors finds that the Corporation must act immediately in order to pre vent the probable failure of Granite Falls State Bank and thus waives publication of notice, dis penses with the solicitation of competitive reports from other agencies, and authorizes the trans action to be consummated immediately. Banking o ffices in Resources o p e ratio n (in thousa nds of dollars) Before A fte r B a n k o f E v e r e tt 57,044 9 10 R o sw e ll B a n k Everett, Washington 36,700 3 15,418 3 6 Roswell, Georgia to acquire certa in assets and as sume the d ep osit lia b ilitie s o f G ra n ite Falls S ta te B a n k Banking Resources offices in ope ratio n (in thousands o f dollars) Before A fte r to merge w ith 1,881 1 Granite Falls D e K a lb C o u n ty B a n k DeKalb County Approved under emergency provisions. No re port requested from the Attorney General. Approved under emergency provisions. No re port requested from the Attorney General. Basis for Corporation approval, January 22, 1976 Basis for Corporation approval, March 2, 1976 Bank of Everett, Everett, Washington, an in sured State nonmember bank with total resources Roswell Bank, Roswell, Georgia, an insured State nonmember bank with total resources of 62 FEDERAL DEPOSIT INSURANCE CORPORATION $36,700,000 and I PC deposits of $29,244,000, has applied, pursuant to section 18(c) and other pro visions of the Federal Deposit Insurance Act, for the Corporation's prior consent to merge with DeKalb County Bank, DeKalb County (P. O. Atlanta), Georgia, an insured State nonmember bank with total resources of $15,418,000 and IPC deposits of $13,380,000. As an incident to the proposed transaction, the three offices of DeKalb County Bank would become branches of the re sulting bank, thereby increasing the number of its offices to six. This merger would not eliminate significant existing or potential competition between the two banks, both having been operated under common control since DeKalb County Bank was established in 1970. Moreover, even if the banks were to dis affiliate and DeKalb County Bank were restored to a satisfactory condition, the prospects for signifi cant competition to develop between Roswell Bank and DeKalb County Bank are remote. For reasons related to the condition of DeKalb County Bank and the fact that the Corporation has been advised by the Department of Banking and Finance of the State of Georgia th a t" . . . it is apparent that DeKalb County Bank is in an insol vent condition . . . ", the Board of Directors finds that the Corporation must act immediately in order to prevent the probable failure of DeKalb County Bank and thus waives publication of no tice, dispenses with the solicitation of competitive reports from the other agencies, and authorizes the transaction to be consummated immediately. R e s o u rc e s (in B a n k in g o f f ic e s in o p e r a t io n o f d o lla r s ) B e fo r e A f t e r th ouS3nds T h e G lo u s te r C o m m u n ity B a n k 7,054 1 2,350 1 2 Glouster, Ohio to acquire the assets and assume the dep osit lia b ilitie s o f T h e F irs t N a tio n a l B a n k o f A m e s v ille Amesville Summary report by Attorney General, October 23, 1975 We have reviewed this proposed transaction and conclude that it would not have a substantial com petitive impact. Basis for Corporation approval, March 2, 1976 The Glouster Community Bank, Glouster, Ohio ("Com m unity Bank"), a State nonmember insured bank with total resources of $7,054,000 and total IPC deposits of $5,697,000, has applied, pursuant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corporation's prior consent to acquire the assets of and assume the li ability to pay deposits made in The First National Bank of Amesville, Amesville, Ohio ("Amesville Bank"), with total resources of $2,350,000 and total IPC deposits of $1,860,000. The transaction would be effected under the charter and title of Community Bank, and incident to the transaction, the sole office of Amesville Bank would be estab lished as a branch of the resulting bank. C om petition. Community Bank operates its sole office in Glouster, in the northern panhandle of Athens County, Ohio, which lies adjacent to the West Virginia border in the southeast part of the State. Amesville Bank has its sole office in Ames ville, a hamlet of 295 residents, in northeastern Athens County. Athens County, a part of the Appalachian Region, is predominantly rural and agricultural with coal mining and recreational facil ities of secondary economic importance. Commerce is centered around Athens, the county seat and home of Ohio University, located 16 road-miles south of Glouster and 13 road-miles southwest of Amesville. Population of the county was 55,747 in 1970, an increase of 18.6 percent since 1960, with 85 percent of the increase occurring in the county seat. Glouster's population meanwhile decreased 5.9 percent to 2,121. The 1974 median household buying level in Athens County was $9,207, about 29.5 percent below that of the State as a whole. The primary trade area of Community Bank extends north of Glouster some 10 road-miles to include Corning in Perry County, south 10 miles to include Chauncey, and west some 12 miles to Nelsonville. This market has a population of about 10,150, a decrease of approximately 6.4 percent since 1960. Community Bank has the third largest share, 17.3 percent, of the IPC deposits aggregating $33 million held by the five commercial bank offices in the area. Amesville Bank's primary trade area may be con sidered to include points w ithin some 10 miles of Amesville; the bank draws its business from the sparsely populated area bounded by points south west of the village along U.S. Highway A LT 50, on the east by Bartlett in Washington County, and on the northeast along State Highway 377 by Chesterhill in Morgan County. This market has a population estimated at 3,200 and three commercial banks, each with one office. Amesville Bank has the small est share, 17.4 percent, of the $10.7-million IPC deposits held by these three offices. Glouster is separated from Amesville by some 13 miles of a tertiary road which serves no population center in the intervening area other than nearby suburbs of Glouster. Community Bank's primary market is oriented west from Glouster and north along State Highway 13, which runs from the Athens area toward Zanesville, some 40 road-miles north of Glouster. Amesville Bank's primary market lies along U.S. Route A LT 50, leading generally east BANK ABSORPTIONS APPROVED BY THE CORPORATION from the Athens area toward Bartlett, and along State Highway 377, leading northeast from Ames ville toward Chesterhill. Although abutting, the primary markets of the two banks do not overlap to any significant degree. The proposal thus would not eliminate any significant existing competition be tween Community Bank and Amesville Bank. Although both banks may legally establish de novo branches in Athens County, there is no signifi cant potential for increased competition between them in the future by virtue of such expansion. Both markets are sparsely populated and already have a substantial number of commercial bank offices. Income levels are relatively low and only very slow growth is predicted outside the county seat. Neither bank has branched since it opened, and any oppor tunities for de novo branching that may arise be cause of future growth are likely to be taken up by one or more of the three banks in Athens, rather than either bank here involved. Accordingly, the Board considers the prospects for increased compe tition between them through de novo branching to be extremely remote. In the combined areas served by the two banks, the resulting bank would hold the second largest share, 17.3 percent, of IPC deposits held by eight area offices of the six commercial banks represented therein. In its maximum legal branching and merg ing area (Athens County), the resulting bank would have the fifth largest share, 7.7 percent, of IPC de posits held by seven commercial banks. On a state wide basis, the resulting bank would hold only 0.03 percent of the aggregate IPC deposits held by all Ohio commercial banks. On the basis of the foregoing information, the Board of Directors has concluded that the proposed transaction would not, in any section of the coun try, substantially lessen competition, tend to create a monopoly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. Financial and managerial resources of 63 Banking Resources offices in (in ope ratio n thousands o f dollars) Before A fte r C o m m e rc ia l B a n k & T ru s t C o m p a n y 68,065 4 1,882 - 4 Pittsburgh, Pennsylvania to m e rg e w ith C. W . B e n n e r C o m p a n y Greensburg Summary report by Attorney General, November 4, 1975 We have reviewed this proposed transaction and conclude that it would not have a substantial com petitive impact. Basis for Corporation approval, March 8, 1976 Commercial Bank & Trust Company, Pitts burgh, Pennsylvania ("Commercial"), a State non member insured bank with total resources of $68,065,000 on June 30, 1975, has applied, pur suant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the retroactive consent of the Corporation to merge with C. W. Benner C o m p a n y, Greensburg, Pennsylvania ("Benner"), a noninsured institution which from its establishment in 1964 until September 30, 1974, was engaged primarily in the leasing of per sonal property. C om petition. In September 1971, Commercial acquired control of all the outstanding capital stock of Benner for debts previously contracted. Thereafter, Benner was operated by Commercial until September 30, 1974, at which time Commer cial merged w ith Benner and established a leasing department w ithin the bank. This merger trans action effected a reorganization which consoli dated the operations of a wholly owned subsidiary into the parent organization. In and of itself, the transaction has had no significant effect on com petition. each institution, and of the resulting bank, are con sidered satisfactory. Future prospects of the result ing bank are favorable. Financial and Managerial Resources; Future Prospects. The financial and managerial resources Convenience and Needs o f the C om m unity to be Served. The principal benefit of the proposed trans and future prospects of Commercial are satisfac tory. action is a modest increase in lending limits which would accrue to the residents and businesses in both Glouster and Amesville. Based on the foregoing information, the Board of Directors has concluded that approval of the appli cation is warranted. Convenience and Needs o f the C om m unity to be Served. The merger transaction, essentially an internal reorganization, has had no effect on the convenience and needs of the community. On the basis of the foregoing information, the Director of the Division of Bank Supervision act ing on behalf of the Board of Directors under delegated authority has concluded that approval of the application is warranted. FEDERAL DEPOSIT INSURANCE CORPORATION 64 R e s o u rc e s ( in th o u s a n d s o f d o lla r s ) B a n k in g o f f ic e s in o p e r a t io n B e fo r e A f t e r T h e O h io S ta te B a nk o f M e d in a 3,842 2 22,465 3 5 Medina, Ohio (change title to The Medina County Bank) to merge w ith T h e M e d in a C o u n ty B a n k Lodi Summary report by Attorney General, July 31, 1975 A pplicant's Medina headquarters is located about 10 miles northeast of Bank's Lodi head quarters and approximately 10 miles south of Bank's Valley City and Brunswick branches. A l though Applicant is the only BancOhio Corporation subsidiary with offices in Medina County, BancOhio's subsidiaries in nearby Cleveland and Akron derive some deposits and loans from the Medina County area. Thus, it appears that the proposed merger would eliminate existing competition be tween the parties in the Medina County area. It does not, however, appear that concentration in commer cial banking would be substantially increased in any relevant banking market. Basis for Corporation approval, March 15, 1976 The Ohio State Bank of Medina, Medina, Ohio ("State Bank"), a State nonmember insured bank with total resources of $3,842,000 and total I PC deposits of $2,218,000, has applied, pursuant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corporation's prior consent to merge with The Medina County Bank, Lodi, Ohio ("County Bank"), also a State non member insured bank, with total resources of $ 2 2 ,4 6 5 ,0 0 0 and to ta l IP C d e p o sits of $18,592,000, under the charter of State Bank and with the title "The Medina County Bank." As an incident to the merger, the three offices of County Bank would become branches of the resulting bank, increasing the number of its offices to five. C om petition. State Bank has operated its main office and a nearby drive-up facility since April 1974 in the city of Medina, which is located in Medina County in northeastern Ohio, south of Cleveland and west of Akron. BancOhio Corpora tion, the State's second largest multibank holding company, which organized State Bank de novo, holds 99.3 percent of its outstanding stock. Larger affiliates of BancOhio Corporation are located in both Cleveland and Akron, but State Bank's share of total commercial bank deposits in Cleveland is very small and in Akron is approximately one-half that of the market's leading bank. County Bank operates its main office in the village of Lodi, approximately 11 miles southwest of Medina, and branches at Bruns wick and Valley City, 7 and 9 miles north and north west, respectively, of State Bank's offices. Medina County had a 1970 population of 82,717, a 26.6 percent increase from 1960. The city of Medina, the county seat (1970 population 10,913), showed a 32.5 percent increase in the same period while the village of Lodi (1970 population 2,399) has remained more stable. The county's re cent growth has occurred predominantly in its northern portions, while the southern sections have remained agriculturally oriented. An increasing number of the county residents commute to the industrialized areas around the nearby cities of Akron and Cleveland for employment. Three possible local banking markets have been suggested by the Corporation's staff. One would encompass all of Medina County, the legal branch ing and merging area for both State Bank and Coun ty Bank and the political jurisdiction in which all of their banking offices are located and from which most of their banking business is drawn. The second would encompass northern Medina County, includ ing both branches of County Bank, and all of Cuya hoga County in which the city of Cleveland is lo cated. The third would encompass southern Medina County, including State Bank's two offices and County Bank's main office, plus all of Summit County in which the city of Akron is located. Whichever area is selected for analysis, however, there would appear to be only a modest elimination of existing competition, no significant loss of poten tial competition in the future, and no objectionable increase in banking concentration as a result of the proposed merger. Wit hin Medina County as a whole, State Bank has not achieved any sizable market penetration, and County Bank, with 9.4 percent, lags far behind The Old Phoenix National Bank of Medina, which con trols about 54 percent of the county's commercial bank I PC deposits. Three other banks, two of which are affiliated with statewide bank holding com panies,, would be within $6 m illion of the resulting bank's total I PC deposit size. Even though the income levels of Medina County are 15 percent above the statewide average, the population per commercial bank facility is already below4,000, so that only modest de novo branching, if any, can be anticipated over the next few years. In the two alternative, but much larger, local markets, the relatively small share of total commer cial bank deposits held by County Bank offices would only nominally affect BancOhio Corpora tion's present holdings. In any case, County Bank is not an aggressive competitor at the present time and does not appear capable of significant de novo expansion. Each of the possible markets, moreover, has a relatively large number of commercial bank competitors, and an increasing number are affiliated with multibank holding companies operating across county lines. BANK ABSORPTIONS APPROVED BY THE CORPORATION In the State as a whole, banking resources are relatively unconcentrated and this situation would continue if the proposed merger is approved. BancOhio Corporation, with 8.3 percent of the State's total commercial bank IPC deposits, would retain its second-place position and its share of such deposits would increase only 0.1 percent. Under the circumstances, the Board of Directors is of the opinion that the proposed merger would not, in any section of the country, substantially lessen competition, tend to create a monopoly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. The merger would end shareholder dis sension in County Bank, supply that bank with management expertise available through affiliation with a large holding company, and strengthen the bank's capital position. Earnings of the newly organ ized State Bank should improve as a result of greater operating efficiencies, and the proposal would give State Bank an established base from which it can compete more effectively in Medina County. It is therefore concluded that the financial and man agerial resources, as well as the future prospects of the resulting bank, weigh in favor of approval. Convenience and Needs o f the C om m unity to be Served.The principal benefit of the proposed merger to persons and businesses located in Medina County would be the extension to County Bank customers of the expanded commercial banking services now available at offices of banks affiliated with BancOhio Corporation. Based on the foregoing information, the Board of Directors has concluded that approval of the appli cation is warranted. Resources (in thousands o f dollars) Banking offices in o pe ratio n Before A fte r A m e ric a n B a n k an d T r u s t C o . o f Pa. 1,091,620 55 8,755 1 56 Reading, Pennsylvania to merge w ith T h e F irs t N a tio n a l B a n k o f S h o e m a k e rs v ille Shoemakersville Summary report by Attorney General, July 31, 1975 Shoemakersville is located about 14 miles north of Reading, in Berks County. Two of Applicant's offices are w ithin 12-14 miles of Bank, with at least one competitive alternative in the intervening area. It appears that the proposed merger would eliminate some existing competition between the parties in the Reading-Berks County area. Commercial banking in Berks County is highly 65 concentrated; the four largest banks with offices in Berks County control about 88 percent of county deposits. Applicant, with about44 percent of coun ty deposits, ranks first among the 16 banks with offices in the county while Bank, with less than 1 percent of total deposits, ranks tenth. We conclude that this proposed merger will have some adverse competitive effects. Basis for Corporation approval, March 15, 1976 American Bank and Trust Co. of Pa., Reading, Pennsylvania ("Am erican"), a State nonmember in s u r e d b a n k w i t h to ta l resources o f $ 1 ,0 9 1 ,6 2 0 ,0 0 0 and to ta l IPC deposits of $853,913,000, has applied, pursuant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corporation's prior consent to merge with The First National Bank of Shoe makersville, Shoemakersville, Pennsylvania ("F irst National"), with total resources of $8,755,000 and total IPC deposits of $7,158,000, under the charter and title of American. As an incident to the merger, the sole office of First National would become a branch of the resulting bank. C om petition. American operates 55 offices in the 7 counties where it may legally branch or merge under Pennsylvania law, that is, Berks, Chester, Lancaster, Lebanon, Lehigh, Montgomery, and Schuylkill Counties. In addition, American has one approved but unopened branch. American is an aggressive full service bank with a large trust depart ment. First National operates its sole office in Shoe makersville (1970 population 1,427), approxi mately 14 miles north of Reading (1970 population 87,643, a decline of 10.7 percent from 1960) in the northern section of Berks County. The area sur rounding Shoemakersville retains an agricultural flavor and some farming is done, though primarily as a part-time endeavor. The community itself is pre dominantly of the bedroom type with some com mutation to Reading and Hamburg. However, the majority of the wage earners are employed by the several large industrial plants located just 5 minutes from town on Route 61. Industries in the commun ity are related to the garment trade and employ mostly women. With the exception of the industries on Route 61, very little commercial business exists. American's 7-county trade area had a combined population of 2,033,751 in 1970, up 14.7 percent since 1960. The trade area of American is well diver sified and includes all types of industry, agriculture, and vacation and recreational facilities. With the exception of Schuylkill County, at $8,900, and Lebanon County, at $12,005, all counties in American's branching area had 1974 median house hold buying levels exceeding the State figure of $12,141. Effects of the proposed merger would be most direct and immediate w ithin the primary trade area of First National, an area comprising communities 66 FEDERAL DEPOSIT INSURANCE CORPORATION within some 10 road-miles of Shoemakersville, in northern Berks County. In this market, First National has the seventh largest share (5.2 percent) of the IPC deposits held by all area offices of the eight commercial banks represented therein. Ameri can has the largest share of such deposits (21.7 per cent), at its branch in Temple, which is located some 10 road-miles south of Shoemakersville in the north ern suburbs of the city of Reading. Two other banks have local deposit shares closely approximating that of American: Hamburg Savings and Trust Company, with 20.8 percent, and The First National Bank of Leesport, with 19.0 percent. The 1970 population of First National's primary trade area is estimated at 28,900,an increase of some 12.9 percent since 1960. Although the proponents operate in the same local banking market, available information indi cates that neither draws a significant amount of its business from areas served primarily by the other. First National draws its business from the local market surrounding Shoemakersville, while the Temple branch of American serves the northern suburbs of the city of Reading. It thus appears that existing competition between American and First National, which their merger would eliminate, has no compelling competitive significance in view of First National's small share of the relevant market and the number of convenient alternatives that would remain following the merger, including branches of the $754-million-IPC-deposit National Central Bank, Lancaster, and the$287-million-IPCdeposit Bank of Pennsylvania, headquartered in Reading. First National has been a unit bank ever since its 1920 establishment and presently has an aging management and no incentive to undertake office expansion. American, on the other hand, is an aggressive, growth-oriented bank and has the finan cial resources and expertise to facilitate de novo expansion. First National's relevant market, north of Reading, has experienced considerable economic expansion during the past decade and appears to be an area that American may find attractive for its de novo entry in the future. Elimination, by the merg er, of this potential for increased competition be tween the proponents appears to have little com petitive significance to weigh against approval of the application, however, in view of the existing com mercial bank structure of the relevant market and the likelihood that other major competitors may be attracted to the area should its economic expansion continue. There are 80 commercial banks operating 546 offices w ithin the 7-county trade area of American. These offices held approximately $6.2 billion in total IPC deposits as of June 30, 1975, and Ameri can ranked first with 13.3 percent. However, this percentage includes all of American's deposits but only a portion of the deposits of many banks oper ating in the area. For example, eight large Phila delphia banks with aggregate resources exceeding $18 billion have their home offices in Montgomery County thereby allowing them to operate in four of the seven counties in which American has offices. In addition, 21 other commercial banks, each with total resources over $100 m illion, may branch de novo into various portions of American's trade area. Therefore, it is obvious that there is significant a ctu al and potential competition confronting American throughout the service area. The pro posed merger, which would add only 0.1 percent to American's share of IPC deposits in the sevencounty market, would not significantly affect the structure of commercial banking or the concentra tion of banking resources in the trade area. Based on the foregoing, the Board of Directors is of the opinion that the proposed merger would not, in any section of the country, substantially lessen competition, tend to create a monopoly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. Both banks have satisfactory financial and managerial resources for the business they do as independent institutions, and the same would be true of the resulting bank. Convenience and Needs o f the C om m unity to be Served. Consummation of the proposed merger would bring to customers of First National the broad range of services of a large commercial bank, such as significantly larger lending limits, bank credit card services, computer services, trust serv ices, and a more complete line of credit services. On the basis of the foregoing information, the Board of Directors has concluded that approval of the application is warranted. R e s o u rc e s th o u s a n d s o f d o lla r s ) B a n k o f V ir g in ia -S o u th w e s t B a n k in g o f f ic e s in o p e r a t io n B e fo r e A fte r 67,630 9 11 9,293 2 Bristol, Virginia to merge w ith B a n k o f V ir g in ia -S c o tt Weber City Summary report by Attorney General, April 7, 1976 The merging banks are both wholly owned sub sidiaries; of the same bank holding company. As such, their proposed merger is essentially a cor porate reorganization and would have no effect on competition. Basis for Corporation approval, March 30, 1976 Bank of Virginia-Southwest, Bristol, Virginia (“ Southwest"), an insured State nonmember bank with total resources of $67,630,000 and IPC de BANK ABSORPTIONS APPROVED BY THE CORPORATION posits of $53,638,000, has applied, pursuant to sec tion 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corporation's prior consent to merge with Bank of Virginia-Scott, Weber City, Virginia ("S co tt"), an insured State non m e m b er bank w ith to ta l resources of $9,293,000 and I PC deposits of $7,244,000. The banks would merge under the charter and title of Southwest. Following the merger, the 2 offices of Scott will be operated as branches of Southwest, increasing the number of its authorized offices to 11. C om petition. Both Southwest and Scott are owned by Bank of Virginia Company, Richmond, Virginia ("Holding Company"), a multibank hold ing company. This proposed transaction has the sole purpose of enabling Holding Company to consoli date its operations in western Virginia. The two banks are located in separate but contiguous service areas and are operated under substantially identical managerial guidelines established by Holding Com pany. The proposed transaction, therefore, would not in itself change the structure of competition in the area. Under the circumstances presented, the Board of Directors is of the opinion that the proposed merger would not, in any section of the country, substan tially lessen competition, tend to create a mono poly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. The proponent banks each have adequate financial and managerial resources for the business they do as independent institutions, and the same would be true of the resultant bank. Future pros pects of the resultant bank are considered to be favorable. Convenience and Needs o f the C om m unity to be Served. This proposal represents an internal reorgan ization, and no effect on the convenience and needs of the community is expected. On the basis of the foregoing information, the Board of Directors has concluded that approval of the application is warranted. B a n k in g o f f ic e s in o p e r a t io n R e s o u rc e s ( in th o u s a n d s o f d o lla r s ) B e fo r e A fte r 62,989 4 2 12,147 2 T h e C h a th a m T r u s t Com pany Chatham Township, New Jersey to purchase certa in assets and assume the dep o sit lia b ilitie s o f S ta te B a n k o f C h a th a m Chatham Summary report by Attorney Generai, April 23, 1976 67 Chatham has a population of 8,600 and Chatham Township has a population of 8,100. Apparently they are contiguous communities. According to the application, both banks' Chatham offices are essen tially in middle income residential areas, and time deposits represent more than 70 percent of total deposits in both banks; the Livingston branch of Bank is in a shopping center and thus has more demand deposits. U n ite d States Savings Bank of Newark, a $400-million institution, has a branch with deposits of $37.5 million in Chatham Township. The trans action would result in the entry of another savings bank in the area. The proposed transaction includes the sale of Bank's physical assets and its rights as lessee of its 2 offices to Howard Savings Bank of Newark, a $1.5-billion institution with about 20 offices, including a branch in Millburn, about 6 miles from Chatham, which has deposits of $25 million. Consummation of the transaction would leave Applicant as the only commercial bank in Chatham but head office protection will be eliminated. You have asked that our report be furnished within 10 days, it having been determined that an emergency exists requiring expeditious action. Accordingly, in view of the precarious condition of Bank and the disposal of the commercial bank o ff ices to a savings bank, we conclude that the probable anticompetitive effects are not so grave as to war rant our writing an adverse report. Basis for Corporation approval, April 27, 1976 The Chatham Trust Company, Chatham Town ship, New Jersey ("Chatham Trust"), a State non member insured bank with total resources of $ 6 2 ,9 8 9 ,0 0 0 and to ta l IPC d e p o sits o f $51,623,000, has applied, pursuant to section 18(c) and other provisions of the Federal Deposit Insur ance Act, for the Corporation's prior written con sent to purchase certain assets of and assume the liability to pay deposits made in State Bank of Chat ham, Chatham, New Jersey ("State Bank"), a State nonmember insured bank with total resources of $1 2 ,1 4 7 ,0 0 0 and to ta l IPC d e p o sits o f $10,138,000. The proposal does not include the acquisition of State Bank's fixed assets and no branches are to be established by Chatham Trust as a result of the proposed transaction. The Corporation, upon the request of the Com missioner of Banking for the State of New Jersey, has heretofore advised the Attorney General, the Board of Governors of the Federal Reserve System, and the Comptroller of the Currency of the exist ence of an emergency requiring expeditious action pursuant to paragraph 6 of section 18(c) of the Fed eral Deposit Insurance Act. The publication re quired by the Bank Merger Act has been completed. C om petition. Chatham Trust operates its main office in Chatham Township and three branches in Chatham Borough, all in Morris County which is 68 FEDERAL DEPOSIT INSURANCE CORPORATION located in northeastern New Jersey approximately 13 road-miles west of Newark and 23 road-miles west of lower Manhattan. Chatham Trust was the 75th largest commercial bank in New Jersey as of June 30, 1975, with 0.26 percent of the total com mercial bank deposits. State Bank has its main office in Chatham Borough and one branch in Livingston, in Essex County, 3 miles north of the main office. Existing competition between the proponents would be eliminated by the transaction; but, in its present precarious financial condition, State Bank cannot be considered a significant competitor. Following consummation of the proposal, Chatham Trust would be the only commercial bank rep resented in Chatham Borough; however, a number of commercial banking offices exist w ithin a dis tance of 1 to 2 miles from the Chatham Borough branches of Chatham Trust. In addition, as a result of the proposal, State Bank's home office will be eliminated, thereby removing the community's current home office protection and opening it to de novo branching. The primary trade area of both proponents com prises those portions of southeastern Morris Coun ty, southwestern Essex County, and northern Union County that are situated w ithin a 5-mile radius of Chatham Borough. Largely urbanized and contain ing an estimated 100,000 inhabitants, this area is served by 19 commercial banks presently maintain ing a total of 48 offices therein. Of the I PC deposits held by area offices of such banks, as of June 30, 1975, Chatham Trust held 9.2 percent, the 5th larg est share, and State Bank held 1.6 percent, the 13th largest share. The resultant bank would hold the fourth largest share, 10.8 percent, of area commer cial bank IPC deposits. If consideration is given to the entire Newark SMSA, the resulting institution would control only 1.1 percent of the total commer cial bank deposits. This would represent the 16th largest share of the 56 commercial banking organiza tions that would remain in that area. Therefore, it is apparent that the proposed transaction would have no significant effect on the structure of commercial banking in any relevant area. Under these circumstances, the Board of Direc tors has concluded that the proposed transaction would not, in any section of the country, substan tially lessen competition, tend to create a mono poly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. Financial resources of State Bank are inadequate and its future viability is in grave doubt. Chatham Trust has a sound asset structure and satis factory management. Prospects for the resulting bank are satisfactory. Convenience and Needs o f the C om m unity to be Served. Consummation of the proposal would pre clude any interruption of banking services for the clientele of State Bank. These individuals should also benefit from the resulting larger, sound institu tion. Based on the foregoing, the Board of Directors has concluded that approval of the application is warranted. Banking Resources offices in (in ope ratio n thousands of dollars) B efore A fte r B ran ch B a n k in g and T ru s t C o m p an y 441,029 74 6,885 1 75 Wilson, North Carolina to merge w ith T h e B a n k o f M a tth e w s Matthews Summary report by Attorney General, December 8, 1975 The main offices of the merging banks are 196 miles apart. Applicant, however, has four branch offices at Charlotte, which is about 10 miles from Matthews. Applicant draws IPC deposits totaling $290,699 and loans totaling $234,547 from the service area of Bank, and the latter has I PC deposits of $5,827 and loans of $1,226 drawn from the serv ice area of Applicant's Charlotte offices. Thus, it is likely that the proposed merger would eliminate some e x is tin g competition in the CharlotteMatthews area. Both Charlotte and Matthews are in Mecklenburg County which has a total of 16 banks operating 124 branch offices. As of June 30, 1974, Applicant con trolled about 2 percent of total county deposits and Bank controlled some 2.1 percent of the deposits. The largest bank in the county, North Carolina National, held about 50 percent of these deposits as of that date. Thus, if the proposed merger is con summated, it would slightly increase concentration among commercial banking institutions in Mecklen burg C o u n ty , particularly in the CharlotteMatthews area of the county. North Carolina law permits statewide branching. Applicant could, therefore, branch denovo into the Matthews area, but is probably not likely to do so since it already operates four branches in Charlotte which is close to Matthews and since Matthews is such a small town. Accordingly, the proposed acqui sition would not have important anticompetitive consequences insofar as potential competition is concerned. In sum, we conclude that the proposed acquisi tion would have some adverse effect upon competi tion. Basis for Corporation approval, May 4, 1976 Branch Banking and Trust Company, Wilson, North Carolina ("Branch Bank"), an insured State n o n m e m b er bank w ith to ta l resources of 69 BANK ABSORPTIONS APPROVED BY THE CORPORATION $ 4 4 1 ,0 2 9 ,0 0 0 and to ta l IPC deposits of $325,920,000, has filed an application, pursuant to section 18(c) and other provisions of the Federal Deposit Insurance Act, seeking the Corporation's prior written consent to merge under its charter and title with The Bank of Matthews, Matthews, North Carolina ("Matthews Bank"), an insured State non member bank with total resources of $6,885,000 and total IPC deposits of $5,982,000. As an incident to the merger, the sole office of the Matthews Bank would be established as a branch of the resulting bank and 230 shares of the Matthews Bank's $50 par value preferred stock would be retired. Competition. Branch Bank is the sixth largest commercial bank and the seventh largest banking organization in the State of North Carolina, with 2.9 percent of the total IPC deposits held by com mercial banks in the State. It operates 74 offices throughout North Carolina, with the majority lo cated in the eastern half of the State. Matthews Bank has its sole office in the town of Matthews and is located approximately 10 miles southeast of Charlotte, the largest city and leading trade and distribution center in North Carolina. Matthews is a local retail center with a large number of its residents commuting to Charlotte for employ ment. Given this commutation pattern, the market principally affected by this transaction is delineated as that area encompassed within a 15-mile radius of Matthews, thereby including the city of Charlotte. Branch Bank operates four offices in Charlotte. However, there is no significant direct competition between the proponents. A total of 15 commercial banks operate 147 offices within the trade area and there are numerous alternative banking offices lo cated in the intervening area between the proponent banks. Branch Bank holds 0.5 percent of the mar ket's commercial bank IPC deposits and Matthews Bank holds 0.4 percent. Upon consummation of the merger, the resultant bank would hold only 0.9 percent of the IPC deposits held by all commercial banks, operating in the trade area, thereby maintain ing Branch Bank's 11 th place ranking in the market. The major shares of the market, 53.0, 14.1, and 13.8 percent, are held by the second, first, and third larg est of North Carolina's banking organizations, respectively. Thus, although some existing compe titio n would be eliminated, the proposed merger would have scant competitive significance in view of the small market shares held by the proponents, the concentration of deposits held by the State's three largest banks, and the many convenient alternatives for banking services located in the relevant area. The proposed merger would not result in the elimination of any significant potential competition between the banks involved. Branch Bank and Matthews Bank have such small shares within the market area, and there are so many other alternatives in the mar ket capable of de novo expansion, that the elimina tion of any competition that could develop in the future between the two banks is not considered significant. For the reasons stated, the Board of Directors is of the opinion that the proposed merger would not, in any section of the country, substantially lessen competition, tend to create a monopoly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. The financial resources of Branch Bank and Matthews Bank are adequate. Managerial re sources of Branch Bank are satisfactory. Future prospects for the resultant bank are favorable. Convenience and Needs of the Community to be Served. The merger would substitute an office of a major bank for a small unit bank. This would result in the provision of a full range of banking and trust services to Matthews Bank's present customers and the introduction of a more aggressive management. Operating with a greatly increased credit capability and offering the specialized loan and trust services of one of the State's major banks, this management should improve banking service in the local market. Based on the foregoing, the Board of Directors has concluded that approval of the application is warranted. Banking offices in Resources (in ope ration thousands o f dollars) Before A fte r B a n k o f V irg in ia -S o u th w e s t 76,939 11 30,890 2 22,114 3 16 Bristol, Virginia to merge w ith B a n k o f V ir g in ia -G a la x Galax and B a n k o f V irg in ia -P u la s k i Pulaski Summary report by Attorney General, January 15, 1976 The merging banks are wholly owned subsid iaries of the same bank holding company. As such, their proposed merger is essentially a corporate reorganization and would have no effect on com petition. Basis for Corporation approval, May 4, 1976 Bank of Virginia-Southwest, Bristol, Virginia ("Southwest"), an insured State nonmember bank with total resources of $76,939,000 and IPC de posits of $64,473,000, has filed applications, pur suant to section 18(c) and other provisions of the Federal Deposit Insurance Act, seeking the Cor poration's prior written consent to merge with Bank of Virginia-Galax, Galax, Virginia ("BOVAGalax"), an insured State nonmember bank with total resources of $30,890,000 and IPC deposits of $26,152,000, and with Bank of Virginia-Pulaski, Pulaski, Virginia ("BOVA-Pulaski"), an insured FEDERAL DEPOSIT INSURANCE CORPORATION 70 State nonmember bank, having total resources of $22,114,000 and IPC deposits of $17,484,000.* The proposed transactions would be consummated under the charter and title of Southwest, and the 2 offices of BOVA-Galax and the 3 offices of BOVA-Pulaski would be established as branches of Southwest, thereby increasing the total number of its offices to 16. C om petition. Each of the subject banks is wholly owned by Bank of Virginia Company, Richmond, Virginia ("Holding Company"), a multibank hold ing company. The sole purpose of the proposed transactions is to enable Holding Company to con solidate its operations in western Virginia. The three banks are located in separate service areas and are operated under substantially identical managerial guidelines established by Holding Company. The two proposed transactions, therefore, would not in themselves change the structure of commercial banking competition in the relevant areas. Under these circumstances, the Board of Direc tors is of the opinion that the proposed mergers would not, in any section of the country, substan tially lessen competition, tend to create a mono poly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. Each of the proponents has adequate financial and managerial resources for the business it does, as would the resultant bank. Future prospects of the resultant bank are considered to be favorable. Convenience and Needs o f the C om m unity to be Served. These proposals represent an internal re organization and no effect on the convenience and needs of the community is expected to result there from. On the basis of the foregoing, the Board of Direc tors has concluded that approval of the applications is warranted. Summary report by Attorney General, April 23, 1976 The merging banks are both wholly owned sub sidiaries of the same bank holding company. As such, their proposed merger is essentially a cor porate reorganization and would have no effect on competition. Basis for Corporation approval, May 18, 1976 Casco Bank & Trust Company, Portland, Maine ("Casco"), an insured State nonmember bank with total resources of $267,454,000 and total IPC de posits of $196,246,000, has filed an application, pursuant to section 18(c) and other provisions of the Federal Deposit Insurance Act, seeking the Corporation's prior written consent to merge with Casco Northern National Bank, Augusta, Maine ("N orthern"), w ith total resources of $5,530,000 and total IPC deposits of $2,620,000. The banks would merge under the charter and title of Casco. Following the merger, the 2 offices of Northern would be operated as branches of Casco, thereby increasing the number of its offices to 39. C om petition. Both Casco and Northern are sub sidiaries of Casco-Northern Corporation, Portland, Maine ("Holding Company"), a multibank holding company. The sole purpose of the proposed trans action is to enable Holding Company to consolidate its operations in central and southern Maine. The two banks are located in separate service areas and are operated under substantially identical manage rial policies established by Holding Company. The proposed transaction, therefore, would not in itself alter the structure of commercial banking competi tion in the relevant areas. Under these circumstances, the Board of Direc tors is of the opinion that the proposed merger would not, in any section of the country, substan tially lessen competition, tend to create a mono poly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. Each proponent has adequate financial B a n k in g o f f ic e s in o p e r a t io n R e s o u rc e s ( in th o u s a n d s o f d o lla r s ) B e fo r e A fte r 267,454 37 39 5,530 2 Casco B a n k & T r u s t Com pany Portland, Maine to merge w ith Casco N o rth e r n N a tio n a l Bank Augusta ^Financial data are as of December 31, 1975. Data con cerning Bank o f Virginia-Southwest were adjusted in anticipation of that bank's im minent merger with Bank of Virginia-Scott, Weber City, Virginia, which had re ceived FDIC approval on March 30, 1976. and managerial resources for the business it con ducts as an independent institution, as would the resultant bank. Future prospects of the resultant bank are considered to be favorable. Convenience and Needs o f the C om m unity to be Served. The proposal represents an internal reorgan ization, and no effect on the convenience and needs of the community is expected to result therefrom. On the basis of the foregoing, the Board of Direc tors has concluded that approval of the application is warranted. BANK ABSORPTIONS APPROVED BY THE CORPORATION L lo y d s B a n k C a lifo rn ia B a n k in g o f f ic e s in o p e r a t io n R e s o u rc e s ( in th o u s a n d s o f d o lla r s ) B e fo r e A fte r 1,308,087 95 99 63,058 4 Los Angeles, California to purchase the assets and as sum e the dep o sit lia b ilitie s o f F irs t S ta te B a n k o f N o rth e r n C a lifo rn ia San Leandro Approved under emergency provisions. No re port requested from the Attorney General. Basis for Corporation approval, May 22, 1976 Lloyds Bank California, Los Angeles, Cali fornia, an insured State nonmember bank with total resources of $1,308,087,000, has applied, pursuant to section 18(c) of the Federal Deposit Insurance Act, for the Corporation's consent to purchase the assets of and assume liability to pay deposits made in First State Bank of Northern California, San Leandro, California, also an insured State nonmember bank, with total resources of $63,058,000. As an incident to the proposed transaction, the four offices of First State Bank of Northern California would become branches of Lloyds Bank California. As of May 20, 1976, First State Bank of North ern California had deposits of some $54.3 million and operated four offices. On May 21, 1976, the F ederal D e p o sit Insurance Corporation was appointed receiver of First State Bank of Northern California. The Board of Directors finds that the failure of First State Bank of Northern California requires it to act immediately and thus waives publication of notice, dispenses w ith the solicitation of compet itive reports from other agencies, and authorizes the transaction to be consummated immediately. R e s o u rc e s (in th o u s a n d s o f d o lla r s ) B a n k in g o f f ic e s in o p e r a t io n B e fo r e A fte r 71 Summary report by Attorney General, March 25, 1976 Applicant's office is 20 miles distant from New London Bank's office. Other banks operate in the intervening area between these offices, and less than 2 percent of Applicant's deposit and loan accounts originate in New London Bank's service area. Thus, it would appear that a minimal amount of direct competition would be eliminated by the proposed merger. The service areas of both banks lie in a fourcounty area known as Region XVI, the Southeast Iowa Region. If the proposed acquisition is ap proved, Applicant w ill then be the largest bank in Region XVI with 18 percent of total regional deposits. The second ranked bank, the First Na tional Bank of Burlington, w ill have 16 percent of such deposits. Applicant currently has pending an application to acquire Hillsboro Savings Bank of Hillsboro, Iowa, which is also located in Region XVI. In our March 18, 1976 letter to you concern ing the application regarding the Hillsboro acquisi tion, we pointed out that the proposed acquisition would give Applicant 16 percent of total deposits in Region XVI (not including the instant applica tion) and we concluded that that proposed acquisi tion would result in the elimination of some direct and potential competition, and that its overall effect would be somewhat adverse. Under Iowa law, banks can establish full service office facilities outside the municipal corporation or urban complex in which their principal office is located, provided these facilities are located in the same or in a contiguous county. Applicant and New London Bank are located in contiguous coun ties and thus Applicant could branch into the area served by New London Bank. Applicant is not likely to do so, however, since New London Bank is located in a town of only 1,877 inhabitants. In sum, the proposed acquisition would elimi nate a minimal degree of direct competition be tween the participants and would result in A ppli cant becoming the largest bank in its regional area. It would also eliminate the potential for increased competition which would result if Applicant estab lished a banking facility in New London. Our over all view is that the proposed acquisition w ill have some adverse effect upon competition. Summary report by Attorney General, March 8, 1976 B u rlin g to n B a n k and T ru s t C o m p an y 48,014 3 7,060 1 4,923 2 Burlington, Iowa to acquire the assets and assume the d ep osit lia b ilitie s o f N e w L o n d o n S ta te B a n k New London and H ills b o ro Savings B a n k Hillsboro 6 The main office of Hillsboro Bank is 37 miles distant from Applicant's office and its branch of fice is 32 miles distant therefrom. A survey of accounts discloses that Hillsboro Bank has a small number of deposits and loans in Applicant's serv ice area. Thus, there is some direct competition which would be eliminated by the proposed merger. The service areas of both banks lie in a fourcounty area known as Region XVI, the Southeast 72 FEDERAL DEPOSIT INSURANCE CORPORATION Iowa Region. If the proposed acquisition is ap proved, Applicant w ill then be the largest bank in Region XVI with 16 percent of total regional de posits. The second ranked bank, the First National Bank of Burlington, w ill have 15 percent of such deposits. Under Iowa law, banks can establish full service office facilities outside the municipal corporation or urban complex in which their principal office is lo cated provided these facilities are located in the same or in a contiguous county. Applicant and Hillsboro Bank are located in contiguous counties and thus Applicant could branch into the area served by Hillsboro Bank. Applicant is not likely to do so, however, since Hillsboro Bank is located in a town of only 218 inhabitants. In sum, the proposed acquisition would elimi nate a slight amount of direct competition between the participants and would result in Applicant be coming the largest bank in its regional area. It would also eliminate the potential for increased compe tition which would result if Applicant established a banking facility in Hillsboro. Overall, the proposed acquisition would thus have some adverse effect. Basis for Corporation approval, June 3, 1976 Burlington Bank and Trust Company, Burling ton, Iowa ("Burlington Bank"), an insured State n o n m e m b er bank w ith total resources of $ 4 8 ,0 1 4 ,0 0 0 and to ta l IPC d e p osits of $38,126,000, has applied, pursuant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corporation's prior written consent to acquire New London State Bank, New London, Iowa ("New London Bank"), an insured State nonmember bank with total resources of $7,060,000 and total IPC deposits of $5,519,000, and Hillsboro Savings Bank, Hillsboro, Iowa ("Hillsboro Bank"), an insured State nonmember bank having total resources of $4,923,000 and total IPC deposits of $4,158,000. The transactions would be effected under the charter and with the title of Burlington Bank and Trust Company. Following the mergers, the sole office of New London Bank and the two offices of Hillsboro Bank would be established as branches of the resultant bank, thereby increasing the number of its author ized offices to six. C om petition. Burlington Bank, operating three offices in Burlington, Des Moines County, is a sub sidiary of Hawkeye Bancorporation ("Hawkeye"). Controlling 15 banks with aggregate IPC deposits of $361 million as of June 30, 1975, 3.7 percent of the State's total IPC deposits, Hawkeye is Iowa's third largest commercial banking organization. New London Bank has its sole office in New London, a town in eastern Henry County. Hillsboro Bank has its main office in Hillsboro and its sole branch in Salem, both in southwestern Henry County.* Des Moines and Henry are adjoining counties located in southeastern Iowa. The population of Des Moines County, 46,982 in 1970, increased 5.3 per cent during the 1960s, while that of Henry County, 18,114, did not change significantly during the decade. The town of New London had a 1970 popu lation of 1,900, representing a 12.2 percent increase since 1960. Hillsboro and Salem had populations of 252 and 458 respectively. Burlington, with a 1970 population of 32,366, is located on the Mississippi River some 160 road-miles southeast of Des Moines and 80 road-miles south of Davenport. Burlington contains significant industry and is the trading center for much of the surrounding agricultural area. The 1974 median household buying levels of Des Moines County ($11,568) and Henry County ($11,117) closely approximate that of the State ($1 1,577). The market principally affected by these trans actions is delineated as that area w ithin a 20-mile radius of Mount Pleasant, the county seat of Henry County and a focal point of economic activity for residents of the county. This would include Henry County and portions of adjacent Washington, Louisa, Des Moines, Lee, Van Buren, and Jefferson Counties. Both New London Bank and Hillsboro Bank are located in this market. Burlington Bank's primary trade area is principally Des Moines Coun ty, and although there is some slight overlap with the Henry County bank market, Burlington Bank operates in a separate market from New London Bank and Hillsboro Bank. A total of 12 banks operate 15 offices within the relevant market area. New London Bank holds 5.4 percent of the market's IPC deposits and Hillsboro Bank holds 4.1 percent, representing the eighth and ninth largest banks in the market. Upon consumma tion of the proposals, the resultant bank would hold 9.5 percent of such deposits, representing the fifth largest market share. Existing competition between Hillsboro Bank and New London Bank is minimal, with the nearest offices of these banks being located approximately 20 road-miles apart. No subsidiary of Hawkeye is located in the relevant market. Burlington Bank is the nearest Hawkeye subsidiary to either New London Bank or Hillsboro Bank. Its offices are lo cated some 20 road-miles from New London and 30 road-miles from Hillsboro Bank's Salem branch. An Iowa commercial bank may legally branch de novo in its main office county and into all con tiguous or cornering counties subject to main office and branch office protection. Neither New London Bank nor Hillsboro Bank has the managerial and financial resources to facilitate such expansion. *Mr. E. A. Hayes has controlled Hillsboro Bank since 1951, Mr. Donald J. Bell acquiring a substantial interest therein during 1973. Messrs. Hayes and Bell have con trolled New London Bank since 1955. They also had been control owners of Burlington Bank for several years prior to its acquisition by Hawkeye in 1969, becoming at that time members of Hawkeye's board of directors. This relationship among the three proponent banks lends no persuasive weight to approval of the applications. BANK ABSORPTIONS APPROVED BY THE CORPORATION Burlington Bank or Hawkeye ordinarily would be considered a likely de novo entrant into the relevant market. However, due to the restrictive branching laws and the apparent adequately banked condition of the market, such entry does not appear to be highly probable. In its maximum potential market under State law—Des Moines, Lee, Henry, and Louisa Coun ties—the resultant bank would hold 12.1 percent of a relatively unconcentrated market; 9 other banks held IPC deposit shares ranging, on June 30, 1975, from 4.1 percent (held by a subsidiary of the State's largest banking organization) to 11.1 per cent (held by a subsidiary of Iowa's second largest banking organization) with the remaining 33.5 percent of such deposits shared by an additional 14 banking organizations. Hawkeye's third largest share of Iowa's commer cial bank IPC deposits on June 30, 1975, would be increased from 3.7 percent to 3.8 percent by Bur lington Bank's acquisition of both New London Bank and Hillsboro Bank. Based on the foregoing, the Board of Directors has concluded that the proposed transactions would not, in any section of the country, substantially lessen competition, tend to create a monopoly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. A ll three proponents have satisfactory financial and managerial resources. With its capital structure supplemented to offset a reduction of capital funds resulting from consummation of the proposals, the resultant bank appears to have favor able future prospects. Convenience and Needs o f the C om m unity to be Served. Residents in the relevant market should benefit from the expanded services offered by one of the major subsidiaries of Hawkeye. Computer ized recordkeeping and credit card facilities would become available to the former customers of Hills boro Bank and New London Bank. Trust services would be offered to Hillsboro Bank's customers for the first time. On the basis of the information indicated, the Board of Directors is of the opinion that approval of the applications is warranted. 73 R e s o u rc e s ( in th o u s a n d s o f d o lla r s ) C o b b E x ch a n g e B a n k B a n k in g o f f ic e s in o p e r a t io n B e fo r e 38,562 4 41,466 6 A fte r 10 Marietta, Georgia (change title to First Bank & Trust Co.) to consolidate w ith F irs t S ta te B a n k o f C o b b Cou n ty Smyrna Summary report by Attorney General, November 25, 1975 The proposed merger would combine the third and fourth largest commercial banks in Cobb Coun ty into what would become the second largest bank in the county with approximately 25 percent of total county deposits. First National Bank of Cobb County, w ith about 30 percent of the deposits, would remain the largest bank. The third and fourth ranking banks in the county would then have 14 percent and 10 percent of total county deposits, respectively. Georgia banking law permits branching only in a county in which a bank is located. Thus, the large commercial banks in Atlanta are precluded from establishing branches in Cobb County. Several Atlanta banks have, however, established banks in the portion of Fulton County immediately adjacent to Cobb County. In addition, the Atlanta banks have made some competitive inroads upon the Cobb County banks by virtue of the fact that upwards of one-third of the Cobb County residents work in the greater Atlanta metropolitan area and, presumably, at least some of the commuters bank in the area where they work. It appears that Cobb County w ill continue to experience considerable economic growth and may well need additional banking services. Inasmuch as State banking law permits only county branching, Applicant and Bank would be significant potential competitors in opening new branches to meet expanding banking needs of the county. Thus, the proposed acquisition would eliminate such poten tial competition. In sum, we conclude that the proposed acquisi tion would eliminate both actual and potential competition between Applicant and Bank to a significant extent, would im portantly increase the amount of concentration in the Cobb County bank ing market, and accordingly, would produce sub stantially adverse competitive consequences. Basis for Corporation approval, June 16, 1976 Cobb Exchange Bank, Marietta, Georgia ("E x change Bank"), an insured State nonmember bank with total resources of $38,562,000 and total IPC deposits of $27,691,000, has applied, pursuant to 74 FEDERAL DEPOSIT INSURANCE CORPORATION section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corporation's prior consent to consolidate with First State Bank of Cobb County, Smyrna, Georgia ("State Bank"), an insured State nonmember bank with total re sources of $41,466,000 and total IPC deposits of $30,398,000. The transaction would be effected under a new State charter and with the title "First Bank & Trust Co.” As an incident to the consolida tion, the 6 offices of State Bank would become branches of the resulting bank, increasing the num ber of its approved offices to 11. C om petition. Exchange Bank operates its main office and three branches in central and north western Cobb County and has the necessary ap provals to establish an additional office in the county. State Bank has its main office and five branches in southeastern Cobb County in areas adja cent to the city of Atlanta and Fulton County. Located in northwestern Georgia, Cobb County had a 1970 population of 196,793, representing a 72.4 percent increase from 1960. The county's economy is closely tied to that of nearby Atlanta and Fulton County. Although the northern portion of the county remains largely rural, an influx of industrial and commercial activity has occurred as a result of the proliferation of highways providing easy access to Atlanta. In addition, such access has enabled a commutation pattern to develop and approximately 38.5 percent of the county's work force commutes to Atlanta and its vicinity. There is currently little direct competition be tween the proponents, although there is some over lap between their service areas. However, because of the growth pattern in Cobb County, a potential for increased competition between the proponents does exist. Georgia banking law permits only county branching. Within Cobb County, State Bank and Exchange Bank are the third and fourth largest banks, controlling 11.9 and 11.7 percent of the total commercial bank IPC deposits, respectively. Upon consummation of the consolidation, the resulting bank would be the second largest of the eight re maining banks, holding 23.6 percent of the total commercial bank IPC deposits. This would result in two banks controlling 52.5 percent of the county's total commercial bank IPC deposits, and three banks controlling 66.8 percent of such deposits. Such a high level of concentration would ordinarily require an adverse determination regarding the proposal; however, the influence of the larger A t lanta banks must be considered in viewing the com petitive environment in which the proposal is made. Intense competition exists in Cobb County emanating from the Atlanta-based commercial banks, several of which are among the State's larg est. These banks have branches located along the Cobb County-Fulton County border and are w ith in State Bank's service area. Because of this and the commutation pattern in Cobb County, the relevant geographic market for purposes of determining the competitive effects incident to the proposal in cludes both Cobb County and Fulton County. In this market, 5 of 23 commercial banking organiza tions controlled 87.5 percent of the IPC deposits held by such banks on June 30, 1975. Exchange Bank and State Bank each held only 0.9 percent of such deposits and the resulting bank would hold a mere 1.8 percent market share. Considering the rela tive sizes of the Atlanta-based competitors, com muting patterns and ease of access, and the presence of common communication media, the proposed consolidation is seen as having little competitive effect on the commercial banking structure of the market. Likewise, although a potential exists for increased competition between the proponents through future de novo branching, elimination of such future competition is not regarded as serious because of the dominance of the Atlanta-based banking organizations. Under the circumstances, the Board of Directors is of the opinion that the proposal would not, in any section of the country, substantially lessen compe tition, tend to create a monopoly, or in any other manner be in restraint of trade. Financial and Managerial Resources; F u ture Prospects. Each proponent generally has satis factory financial and managerial resources, as would the resulting bank. Future prospects of the com bined institution appear favorable. Convenience and Needs o f the C om m unity to be Served. Benefits accruing to the community will be a significantly higher lending lim it and the avail ability of additional banking services to be offered by the combined institution. Based on the foregoing, the Board of Directors has concluded that approval of the application is warranted. R e s o u rc e s ( in th o u s a n d s o f d o lla r s ) B a n k in g o f f ic e s in o p e r a t io n B e fo r e A fte r W estern B a n k and T ru s t Com pany 30,420 4 11,986 2 6 West Springfield, Massachusetts (change title to Park West Bank and Trust Company) to merge w ith T h e P a rk N a tio n a l B a n k o f H o ly o k e Holyoke Summary report by Attorney General, April 29, 1976 Almost all of the banking activity of Applicant and Bank is confined to Hampden County. The BANK ABSORPTIONS APPROVED BY THE CORPORATION primary service area for Applicant is composed of the contiguous communities of West Springfield, Springfield, and Agawam, while the primary service area for Bank is Holyoke, South Hadley, and Chico pee. The primary service areas of the two banks are contiguous. Applicant's Riverdale Street branch is within 6 miles of both offices of Bank. Data sup plied by Applicant suggests that there is some degree of competitive overlap. Approximately 4.3 percent of Applicant's deposits and 6.29 percent of its loans are derived from the primary service area of Bank. Similarly, Bank receives 3.06 percent of its deposits and 4.58 percent of its loans from the primary serv ice area of Applicant. Thus, it appears that the pro posed acquisition w ill eliminate some direct compe tition between the banks. There are 19 commercial and savings institutions serving Hampden County. Applicant is the fifth larg est commercial bank in the county, controlling 3.77 percent of the total deposits, and 4 of the 82 com mercial banking offices. Bank, as the smallest commercial institution in the county, controls 1.4 percent of the deposits and 2 of the 82 commercial banking offices in the county. Consummation of the proposed merger w ill give the resulting institution total deposits and loans of 5.0 percent and 5.2 per cent, respectively, and will effectively increase Applicant's market share by 1.4 percent, making it the fourth largest institution in the county. Accord ingly, the proposed acquisition would tend to increase concentration in banking in Hampden County slightly. Massachusetts banking law permits both Appli cant and Bank to freely enter the primary service area of each other, either by branching or the estab lishment of a de novo bank. Thus, the proposed acquisition w ill remove the likelihood of potential competition between Applicant and Bank. In sum, it appears that overall the proposed acquisition will have slightly adverse competitive consequences. Basis for Corporation approval, June 16, 1976 Western Bank and Trust Company, West Spring field, Massachusetts ("Western"), an insured State n o n m e m b er bank w ith total resources of $ 3 0 ,4 2 0 ,0 0 0 and to ta l IPC d e p o sits of $22,565,000, has applied, pursuant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corporation's prior consent to merge with The Park National Bank of Hol yoke, Holyoke, Massachusetts ("P ark"), with total resources of $11,986,000 and total IPC deposits of $8,041,000, under the charter of Western and with the title "Park West Bank and Trust Company." As an incident to the merger, the two offices of Park would be established as branches of the result ant bank, thereby increasing to six the total number of its offices. C om petition. Western operates four offices in the Hampden County area of southwestern Massa 75 chusetts, with its main office and two branches lo cated in West Springfield and one branch located in the Feeding Hills section of Agawam, approxi mately 5 road-miles southwest of its main office. Western's primary trade area consists of West Springfield and surrounding communities, including Westfield (7 miles to the west) Chicopee (4 miles to the northeast) Springfield (2 miles to the east) and Agawam (6 miles to the south). Western had the fifth largest share, 4.3 percent, of the IPC deposits held on June 30, 1975, by offices of the six commer cial banks operating in the area. Park has its two offices in Holyoke, in Hampden County, approximately 8 road-miles north of West Springfield. Park's primary trade area includes Holyoke, Chicopee (5 miles to the southeast), Easthampton (5 miles to the northwest), and South Hadley (4 miles to the northeast). Eight commercial banks operate w ithin this area. On June 30, 1975, Park had the sixth largest share, 7.5 percent, of the area commercial bank IPC deposits; 72.4 percent of such deposits were held by the three largest com mercial bank organizations in Massachusetts. The proponents are located in an area of mixed economy. The cities of Springfield, Chicopee, and Holyoke are engaged in diversified manufacturing, commerce, education, and public administration. The town of West Springfield and the city of West field are mainly residential communities, as are the neighboring towns. The area is experiencing an economic decline. The unemployment rate in the Springfield-Chicopee-Holyoke SMSA was 11.1 percent at year-end 1975; in Holyoke it was 13.9 percent. The 1974 median effective household buy ing level of Hampden County ($11,846) was 5.5 percent below that of the State. The closest branches of the proponents are lo cated approximately 5 road-miles apart. There is some overlapping of trade areas, largely in the Chicopee area, and the proposed merger would eliminate some existing competition. However, in view of the modest size of both banks, this result of the transaction would have no meaningful signifi cance. Although Massachusetts law permits both proponents to expand de novo throughout Hamp den County, there appears to be minimal potential for competition to increase between them through their de novo branching in the future. Western would not likely find de novo entry into the city of Holyoke feasible in view of the declining population trend and high unemployment rate in this area. Park, in business since 1892, is not an aggressively operated bank and has experienced a downward deposit trend since mid-1974. With limited man agerial and financial resources, it is not likely to consider de novo expansion in the foreseeable future. Following consummation of the merger, the resultant bank w ill hold the fifth largest share, or 5.1 percent, of the IPC deposits held on June 30, 1975, by area offices of the nine commercial banks oper FEDERAL DEPOSIT INSURANCE CORPORATION 76 ating w ithin the proponents' combined trade area. If consideration is given to the entire SpringfieldChicopee-Holyoke SMSA, the resulting institution would control only 4.3 percent of the commercial bank IPC deposits. This would represent the sixth largest share of the 11 commercial banks that would remain in the SMSA. Under these circumstances, the Board of Direc tors has concluded that the proposed transaction would not, in any section of the country, substan tially lessen competition, tend to create a monop oly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. Both Western and Park have satisfactory managerial and financial resources for the business they do at the present time. Such resources of the resultant bank appear satisfactory and its future prospects are favorable. Convenience and Needs of the Community to be Served. The merger would have minimal effect on the convenience and needs of the relevant market. Although an increase in lending lim it would be provided for the resultant bank and trust services would be available fo r the first time at the offices of Park, there are a number of substantially larger competitors in the Springfield-Chicopee-Holyoke market whose services lim it the significance of these improvements in the proponents' competi tive stature. F o r th e fo re g o in g reasons, th e B o ard o f D ire c tors has c o n c lu d e d th a t ap p ro val o f th e a p p lic a tio n action, the sole office of Security Bank on Capitol would become a branch of the Colonial State Bank. For reasons related to the condition of Security Bank on Capitol and the fact the Commissioner of Banking of the State of Wisconsin has seen fit to invoke the “ emergency branching" section of the Wisconsin Banking Laws to permit the proposed transaction, the Board of Directors finds that the Corporation must act immediately in order to pre vent the probable failure of Security Bank on Capitol and thus waives publication of notice, dis penses with the solicitation of competitive reports from other agencies, and authorizes the trans action to be consummated immediately, upon proper approval of the transaction by the share holders of Colonial State Bank and Security Bank on Capitol. Banking Resources offices in (in o p e ratio n thousands o f dollars) Before A fte r T h e M its u b is h i B a n k o f C a lifo rn ia 139,148 4 56,871 4 8 Los Angeles, California to merge w ith H a cie n d a B a n k La Habra is w a rra n te d . Summary report by Attorney General, February 9, 1976 Bank ing o ffices in Resources o p e ratio n (in thousands o f dollars) Before A fte r C o lo n ia l S ta te B a n k 34,884 1 6,231 1 2 Thiensville, Wisconsin to acquire certa in assets and as sume the d ep osit lia b ilitie s o f S e c u rity B a n k o n C a p ito l Wauwatosa Approved under emergency provisions. No re port requested from the Attorney General. Basis for Corporation approval, June 21, 1976 Colonial State Bank, Thiensville, Wisconsin, an insured State nonmember bank with total re sources of $34,884,000, has applied, pursuant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corporation's prior approval to acquire certain assets of and assume the liability to pay deposits made in Security Bank on Capitol, Wauwatosa, Wisconsin, an insured State nonmember bank with total resources of $6,231,000. As an incident to the proposed trans This merger involves two fairly small banks rela tive to the size of competing banks in the State. There are no deposit or loan accounts with both banks of the same individuals, partnerships, or cor porations. In addition, there are no deposits or loans of Applicant or Bank which originate in the other's service area. In view of these factors and the pres ence of intervening banking alternatives, the pro posed merger will not eliminate any direct competi tion. In addition, the proposed acquisition will not materially increase concentration in banking either on a statewide or a local basis. California law permits Applicant and Bank to branch de novo into each other's service area. Thus, the proposed acquisition removes this theoretical possibility. However, there are numerous much larger commercial banks in the State much better positioned to branch into the areas served by the merger parties should those areas prove to be economically attractive. In short, the proposed acquisition w ill not ad versely affect existing competition and will not materially increase concentration, but it will pro duce a slight lessening of potential competition. Basis for Corporation approval, June 25, 1976 The Mitsubishi Bank of California, Los Angeles, 77 BANK ABSORPTIONS APPROVED BY THE CORPORATION California ("M itsubishi"), a State nonmember in sured bank with total resources of $139,148,000 and total IPC deposits of $95,096,000 on Decem ber 31, 1975, has applied, pursuant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corporation's prior consent to merge with Hacienda Bank, La Habra, Cali fornia, a State nonmember insured bank with total resources of $56,871,000 and total IPC deposits of $45,650,000 at year-end 1975, under the charter of and with the title "The Mitsubishi Bank of Cali fornia." Incident to the merger, the four existing offices and one approved but unopened office of Hacienda Bank would become branches of the resultant bank, thereby increasing the total num ber of its authorized offices to nine. C om petition. Mitsubishi operates its main office and two branches in the metropolitan Los Angeles area, with the main office located in downtown Los Angeles, one branch located 1 mile east of the main office, and a second branch located in Gardena, 13 miles south. A fourth office is operated in San Fran cisco. Mitsubishi, a wholly owned subsidiary of The Mitsubishi Bank, Ltd., Tokyo, Japan, a registered one-bank holding company, is 38th largest of Cali fornia's commercial banks, with 0.13 percent of the total deposits held by all such banks within the State. Hacienda Bank operates its main office in La Habra, approximately 18 road-miles east of Los Angeles. I n addition, it operates three branches, one each in La Mirada (5 road-miles south of the main office), Garden Grove (13 road-miles south), and West Covina (12 road-miles north). Hacienda Bank also has approval to establish one additional branch in Placentia, about 1 1 road-miles southeast of the main office. Hacienda Bank operates in three separate trade areas: the La Habra-La Mirada market, the Garden Grove market, and the West Covina market. The effects of the proposed merger would be most direct and immediate within these markets. In each of these markets, Hacienda Bank is competing with four of the five largest commercial banks in the State. Only in the La Habra-La Mirada market does Hacienda Bank have more than a modest share of area commercial bank IPC deposits. In this market, Hacienda has 25.6 percent, or the second largest share, of the IPC deposits controlled by area offices of the seven commercial banks operating in the mar ket. Mitsubishi does not have an office in any of Hacienda Bank's primary markets. Its closest office, in Gardena, is located approximately 17 road-miles west of Hacienda Bank's La Mirada office, with many commercial bank offices intervening. There fore, there is little direct competition between the proponents. If consideration is given to the Los Angeles-Long Beach SMSA, in which Mitsubishi operates three offices and Hacienda Bank operates two, the resulting institution would control only 0.36 percent, or the 17th largest share, of the total IPC deposits in the area. Thus, it is apparent that the proposed transaction would have no significant effect on the structure of commercial banking in any relevant area. Mitsubishi has specialized in commercial and international banking, establishing its offices in areas where such business may best be developed. Hacienda Bank, in contrast, has concentrated on retail banking and its primary trade areas are resi dential communities. Therefore, although Cali fornia law permits statewide branching, neither bank would be likely in the near future to enter de novo the primary trade area of the other. Were such expansion to occur, with the existing domination by the major statewide banks, it is doubtful that any significant competition between the banks would result. The Board of Directors, therefore, has concluded that the proposed merger would not, in any section of the country, substantially lessen competition, tend to create a monopoly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. Each proponent has satisfactory financial and managerial resources and favorable future pros pects, as would the resultant bank. Convenience and Needs o f the C om m unity to be Served. No significant enhancement of public con venience is likely to result from the proposed merger. The resulting institution would offer no services that are not currently available from alter native sources in the relevant areas. Based on the foregoing, the Board of Directors has concluded that approval of the application is warranted. R e s o u rc e s ( in th o u s a n d s o f d o lla r s ) B a n g o r Savings B a n k B a n k in g o f f ic e s in o p e r a tio n B e fo r e 154,768 4 21,583 3 A fte r 7 Bangor, Maine to merge w ith Piscataquis Savings B a n k Dover-Foxcroft Summary report by Attorney General, April 29, 1976 All of Applicant's offices are more than 25 miles from any of Bank's offices. Nevertheless, because Bangor is the employment and shopping center of the region, there is some competitive overlap be tween Applicant and Bank. Bank has virtually no loans outstanding in Applicant's area, derives no demand deposits from it, and holds only about $1.5 m illion in savings deposits for people there. Appli cant has less than $1 million in loans, holds about 78 FEDERAL DEPOSIT INSURANCE CORPORATION $9.5 m illion in demand deposits, and has about $1.5 million in savings deposits that derive from Bank's service area. Thus, the proposed merger will elimi nate direct competition to some degree, albeit com petition which runs almost entirely in the direction of Applicant. Although Applicant's home office is the largest office in Bangor (deposits $110 million), it is not the largest financial institution doing business in the city, or even the largest financial institution head quartered there. Merrill Trust Company (total de posits of $163 m illion), which has 24 branches spread around the neighboring counties, has its home office in Bangor (total deposits of $68 m il lion). Merrill Trust belongs to the fourth largest holding company in the State (total statewide de posits of $240 m illion). The first, second, third, and fifth largest holding companies in Maine also have offices in Bangor as does the seventh largest holding company, a one-bank affair (deposits $45 million, home office deposits $37 million). Bank is a much smaller organization (deposits $20 m illion), headquartered in Dover-Foxcroft (home office deposits $15 m illion). It has three offices, one of which is only 6 months old. A l though Bank is the largest bank in Dover-Foxcroft, it faces substantial competition. Merrill Trust has an office in the town (deposits $6 m illion); there are six more bank offices w ithin a radius of 15 miles that belong to vigorous organizations. Bank's other well-established branch also enjoys a similar degree of competition, while its 6-month old branch faces an entrenched competitor owned by a large holding company. Accordingly, although the proposed merger w ill increase concentration to some extent, the existence of numerous banking alternatives in the area serves as a mitigating fac tor. Basis for Corporation approval, July 6, 1976 Bangor Savings Bank, Bangor, Maine ("Bangor Savings"), an insured mutual savings bank with total resources of $154,768,000 and IPC deposits of $142,250,000, has applied, pursuant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corporation's prior consent to merge with Piscataquis Savings Bank, DoverFoxcroft, Maine ("PSB"), an insured mutual sav ings bank with total resources of $21,583,000 and IPC deposits of $19,135,000. The banks would merge under the charter and title of Bangor Sav ings. As an incident to the merger, the three of fices of PSB would become branches of the result ing bank, increasing the number of its approved offices to eight. C om petition. Bangor Savings and PSB are sav ings banks operating in the State of Maine. The proponents are th rift institutions and, as such, are considered interchangeable alternatives to savings and loan associations for th rift deposits and resi dential mortgage loans. Ordinarily, th rift institu tion banking, as exemplified by savings banks and savings and loan associations, would be considered the decisive line of commerce for determining the competitive implications of the proposed merger. However, Maine th rift institutions are now per mitted to accept personal demand deposits, to allow the withdrawal by negotiable instruments from accounts on which interest is paid, to grant or participate in certain types of commercial loans, and to issue credit through the use of credit cards. As a result of these recent changes, the traditional competitive barriers separating th rift institutions and commercial banks have diminished; therefore, the competitive analysis of this case will view the market areas both in terms of th rift institutions separately and combined with commercial banks.* Bangor Savings operates four offices: two in Bangor in southern Penobscot County and one each in Belfast, Waldo County, and Ellsworth, Hancock County. Additionally, it has an approved but unopened branch in Orono, Penobscot Coun ty. Bangor Savings is the largest of the six th rift institutions operating in its primary trade area, Waldo and Hancock Counties and southern Penob scot County, controlling 49.3 percent of the area th rift institution IPC deposits as of June 30, 1975. When commercial banks are considered, this mar ket share is reduced to 25.5 percent. PSB operates its main office in Dover-Foxcroft and one branch in Greenville, both in Piscataquis County, and one branch in Millinocket in northcentral Penobscot County. Its primary trade area comprises southern Piscataquis County, several adjoining towns in Penobscot County south of Dover-Foxcroft, and the M illinocket area of north-central Penobscot County. Within this mar ket area, PSB controlled 93.6 percent of the IPC deposits held by the two th rift institutions oper ating in its market area as of June 30, 1975. How ever, it controlled only 28.3 percent of the com b ined commercial bank-thrift institution IPC deposits. The proponents operate in adjoining, yet essen tially separate and distinct markets. Their nearest offices are separated by approximately 36 roadmiles through a predominantly rural area. There fore, little existing competition would be elimi nated by the proposal. Although both institutions may, under Maine law, merge or expand de novo throughout the State, neither would be likely to find economically feasible de novo entry into the primary trade area *The Supreme Court stated in United States v. Connecti cut National Bank, 418 U.S. 656 (1974), that in Connec ticu t for mergers between commercial banks the line of commerce is lim ited to commercial banks rather than both savings banks and commercial banks. However, due to the increased parity between th rift institutions and commercial banks in the State of Maine, the Board of Directors has determined that commercial realities re quire a viewing of a combined commercial bank-thrift institution market, as well as the traditional separate market, when determining the competitive impact of any proposed merger in Maine. BANK ABSORPTIONS APPROVED BY THE CORPORATION of the other. PSB's financial resources are limited and it is unlikely that it would undertake expan sion in view of the strong competition it would encounter. Bangor Savings has adequate financial resources; however, because of the unfavorable income levels of Piscataquis County and the rela tively small and declining population, PSB's mar ket has limited potential for further expansion of banking offices. Consummation of the proposal w ill result in the combination of the leading institutions in their respective markets, w ith the resultant bank con trolling 52.3 percent of the th rift institution IPC deposits and 25.8 percent of the commercial bank-thrift institution IPC deposits, based on June 30, 1975 deposit figures, in its combined market area. However, recent changes in State law permit statewide branching. Maine Savings Bank, the State's largest bank, which has operated in south ern Maine, has applied for permission to establish a branch in Waterville, bringing it into closer compe tition with Bangor Savings. Such future encroach ment may serve to erode the resultant bank's dominant position in its market. Under these circumstances, the Board of Direc tors is of the opinion that the proposed merger would not, in any section of the country, substan tially lessen competition, tend to create a monop oly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. Financial and managerial resources of each institution are generally satisfactory, and the proposed merger would eliminate the problem of orderly succession of management presently con fronting PSB. Future prospects of the resultant bank are considered favorable. Convenience and Needs o f the C om m unity to be Served. Although both banks provide the basic services normally associated with mutual savings banks, PSB customers would benefit from an in creased lending lim it and a broader range of loan services at a slightly lower cost. Based on the foregoing, the Board of Directors has concluded that approval of the application is warranted. Banking o ffices in Resources o p e ratio n (in thousands o f dollars) Before A fte r T h e F irs t N a tio n a l B a n k o f B risto l 2,744 1 Bristol, New Hampshire (change title to The Bristol Bank) to acquire the assets and assume the d ep osit lia b ilitie s o f T h e B risto l Savings B a n k Bristol 10,959 1 1 79 Summary report by Attorney General, July 31, 1975 Bristol Bank and Bristol Savings have a com mon office, common chief executive officer, common teller window, and common advertising. Bristol Bank accepts demand deposits and makes non-mortgage loans while Bristol Savings accepts time and savings deposits and makes mortgage loans. Thus, the parties are not now in significant competition with each other. Bristol Savings owns approximately 11 percent of Bristol Bank's stock. Although not presently in competition, State law will require the parties to separate their inter locking directors and management in July 1975, resulting, presumably, in two independent institu tions capable of offering competing banking serv ices. Thus, if the parties may be expected to exist as viable independent institutions, the proposed transaction will eliminate the prospect for future competition throughout their six-town common service area. Basis for Corporation approval, July 6, 1976 The First National Bank of Bristol, Bristol, New Hampshire ("Commercial Bank” ), with total re sources of $2,744,000 and total IPC deposits of $1,370,000, has applied, pursuant to section 18(c) and other provisions of the Federal Deposit Insur ance Act, for the Corporation's prior consent to acquire the assets of and assume the liability to pay deposits made in The Bristol Savings Bank, Bristol, New Hampshire ("Savings Bank"), an in sured mutual savings bank having total resources o f $ 1 0 ,9 5 9 ,0 0 0 and total IPC deposits of $10,049,000. Incident to the proposed trans action, the 108 par $100 shares of common stock of Commercial Bank presently owned by Savings Bank would be retired. Commercial Bank, prior to consummation of the proposed transaction, would convert to a State nonmember insured bank under the title "The Bristol Bank." The resulting bank would operate from the sole location in which the two banks presently share quarters.* C om petition. Commercial Bank and Savings Bank share a single office in Bristol and have done so since 1898. Bristol had a 1970 population of 1,670 and is located in the southeastern corner of Grafton County. The two banks derive the bulk of their business from Bristol and the surrounding towns of Alexan dria, Bridgewater, Hebron, and New Hampton. This area is rural and sparsely populated and is largely a resort area with virtually no industry. The aggregate 1970 population of the service area was 3,714, rep resenting an increase of only 566 from 1960. There are no other banks operating in this area, and the *FD IC approval of mergers that would involve conversion from a mutual to a stock form had been prohibited, w ith certain exceptions, by section 18 (c)(10) o f the Federal Deposit Insurance Act, 12 U.S.C. section 1828(c)(10). However, this prohibition expired on June 30, 1976. FEDERAL DEPOSIT INSURANCE CORPORATION 80 closest alternatives are in Franklin, approximately 13 miles south of Bristol. The service area of the proponents is highly localized, and the mountainous terrain and several lakes in the area have an inhibit ing effect on travel. There is no competition between Commercial Bank and Savings Bank. Each offers services appro priate to its method of operation and they comple ment one another. It is possible that the two banks could become independent of each other in the future, but it is highly unlikely. Commercial Bank has neither the resources nor the management to establish separate facilities in competition with Savings Bank. Moreover, it does not appear that the banking business is there to be had. The economy of the service area is relatively stagnant and its popula tion is limited. In over 75 years of jo in t operation the two banks combined have accumulated a total of only $12.2 million in deposits. Commercial Bank's deposits have been stable or declining in re cent years while Savings Bank's deposits have in creased only modestly. Accordingly, the proposed transaction would not eliminate any significant existing or potential competition between the two banks. In view of the foregoing, the Board of Directors is of the opinion that the proposed transaction would not, in any section of the country, substantially lessen competition, tend to create a monopoly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. Commercial Bank and Savings Bank have satisfactory financial and managerial resources under their present operational arrangement, and the future prospects of the resulting bank are ade quate. Convenience and Needs o f the C om m unity to be Served. The proposed transaction would have vir tually no effect on the banking services presently available in the service area. The resulting bank would continue to offer all services now provided by Commercial Bank and Savings Bank. Based on the foregoing, the Board of Directors has concluded that approval of the application is warranted, contingent upon Commercial Bank's conversion to a State nonmember insured bank. Banking Resources offices in (in o p e ratio n thousands o f dollars) Before A fte r C e n tra l C o u n tie s B a n k 213,056 19 State College, Pennsylvania to m erge w ith T h e F irs t N a tio n a l B a n k o f L e w is to w n Lewistown 37,255 4 23 Summary report by Attorney General, April 29, 1976 The head offices of the merging banks are 32 miles apart and their closest branch offices are 20 miles apart. Other banks operate in the intervening area between the two closest offices of the partici pants. Less than 1 percent of each bank's loans and deposits originate in the service area of the other bank. Additionally, the respective service areas of each bank abut mountains of the Appalachian Range which are an effective physical barrier to competition between them. Thus, it would appear that the proposed merger would eliminate only a minor degree of existing competition. Under Pennsylvania law, which permits a bank to branch into counties contiguous to the county in which it maintains its principal office, either bank could branch into the service area of the other since they are based in adjoining counties. Neither bank is likely to branch into the other's service area, how ever, since both areas are more than adequately served by existing banking offices and since Bank appears to lack the resources that such expansion would require. I n sum, the proposed transaction would not elim inate any significant degree of direct competition. It would, however, eliminate the theoretical potential for increased competition which would result if either bank established a de novo branch in the serv ice area of the other. The overall effect of the pro posed acquisition would be slightly adverse. Basis for Corporation approval, July 22, 1976 Central Counties Bank, State College, Penn sylvania ("Central Counties"), an insured State non member bank with total resources of $213,056,000 and total IPC deposits of $170,173,000, has ap plied, pursuant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Cor poration's prior consent to merge with The First National Bank of Lewistown, Lewistown, Penn sylvania ("FNB Lewistown"), with total resources o f $ 3 7 ,2 5 5 ,0 0 0 and total IPC deposits of $31,589,000, under the charter and title of Central Counties. As an incident to the merger, the 4 offices of FNB Lewistown would become branches of the resultant bank, increasing the number of its author ized offices to 24. C om petition. Central Counties operates 19 of fices: its main office and 5 branches in Centre Coun ty, 4 branches in Clinton County, and 9 branches in Blair County. In addition, it has approval to estab lish a 10th branch in Blair County. FNB Lewistown operates its four offices in M iff lin County, with its main office in Lewistown. Its branches are located, one each, in Burnham, Milroy, and McVeytown, which are respectively 3 and 8 road-miles north and 11 road-miles southwest of Lewistown. M ifflin County is situated immediately southeast of Centre County. The light manufactur 81 BANK ABSORPTIONS APPROVED BY THE CORPORATION ing industry in M ifflin County has declined in recent years and forestry and agriculture lend only modest economic support. As of March 1976, the county had a 12.3 percent unemployment rate, a rate sub stantially higher than the national average. There is no significant existing competition be tween Central Counties and FNB Lewistown. Their markets, although adjacent, are separated by a por tion of the Appalachian Range and by State forest lands, and their closest offices, the two State College offices of Central Counties and the M ilroy branch of FNB Lewistown, are approximately 20 road-miles apart. For residents of either market, there are alter native sources of banking services more convenient than the proponent located in the other market. Few depositors or borrowers are common to both banks and neither bank draws a significant amount of business from the primary trade area of the other. The effects of the proposed merger would be most pronounced in FNB Lewistown's market, which consists of M ifflin County. FNB Lewistown is 1 of 6 commercial banks operating a total of 13 offices in this market and holds the second largest share, 27.6 percent, of the IPC deposits held on June 30, 1975 by area offices of these banks. The Russell National Bank, also headquartered in Lewistown, holds the largest share of such deposits, 40.4 per cent. Pennsylvania law permits a commercial bank to branch de novo or merge w ithin its home office county and all contiguous counties. Central Coun ties thus may enter de novo M ifflin County while FNB Lewistown may enter Centre County. How ever, M ifflin County experienced only a moderate population growth during the 1960s, its median household buying level is substantially below the State median, and six commercial banks are already well established in the market. Centre County also has a median household buying level substantially below that of the State, and although it is an area of expanding population, the county presently has a commercial banking office in the county for each 3,102 of its residents. Therefore, it appears unlikely that any substantial potential for increased compe titio n between the proponents through their de novo branching in the future would be eliminated by the proposed merger. Moreover, even if future economic developments warrant the establishment of additional branches, there are several existing banks, besides Central Counties, capable of de novo entry into either county. Within its maximum legal branching area, Central Counties is the second largest of the 41 commercial banks represented, w ith 14.4 percent of the area IPC deposits held by such banks on June 30, 1975. The proposed merger would increase to 17.0 per cent Central Counties' IPC deposit share of this market. Mid-State Bank and Trust Company, A l toona, would continue to hold the largest share, 18.2 percent. The five largest shares of such deposits would then aggregate 49.6 percent. Based on the foregoing, the Board of Directors is of the opinion that the proposed merger would not, in any section of the country, substantially lessen competition, tend to create a monopoly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. Both banks have satisfactory financial and managerial resources for the business they do, and the same would be true of the resultant bank. Convenience and Needs o f the C om m unity to be Served. The merger would bring to M ifflin County the specialized services of one of the region's major banks. Passbook savings deposits, now earning 3 per cent annually at FNB Lewistown, would be paid 5 percent, and rates paid on several types of ce rtifi cates of deposit would be increased. Based on the foregoing, the Board of Directors has concluded that approval of the application is warranted. R e s o u rc e s ( in th o u sands o f d o lla r s ) B a n k o f O re g o n B a n k in g o f f ic e s in o p e r a t io n B e fo r e A fte r 39,056 8 9 7,620 1 Woodburn, Oregon to merge with G u a r a n ty B a n k Canby Summary report by Attorney General, June 22, 1976 A p p lica n t currently operates in Woodburn, Aurora, Salem, Hubbard, Silverton, Stayton, and Dundee, all in Marion County. Bank operates solely in Canby which is in Clackamas County, the county immediately to the north of Marion County. How ever, Applicant currently has pending an application to establish a branch in West Linn, which is located in Clackamas County approximately 7 miles from Canby. Furthermore, Applicant's Aurora office is only about4 miles from Canby. The main offices of Applicant and Bank are approximately 11 miles apart. It thus appears that the proposed acquisition would eliminate some existing competition between Applicant and Bank. Applicant and Bank both operate within the Portland metropolitan commercial banking mar ket—Canby is 20 miles from Portland and Wood burn is 36 miles away. Applicant currently ranks 7th and Bank ranks 16th among the commercial banks operating in the Portland metropolitan area. Upon consummation of the merger the Applicant would hold less than 2 percent of total deposits in the area. It thus appears that the proposed acquisition will not enhance concentration to any im portant degree in the area. 82 FEDERAL DEPOSIT INSURANCE CORPORATION Oregon law prohibits the branching into any city with a population of 50,000 or less that contains the head office of another bank. Thus, Applicant can not establish a de novo branch in Canby and can enter the town only via acquisition. In sum, the proposed acquisition would elimi nate some existing competition, would increase concentration marginally, and would eliminate no meaningful potential competition. The proposed acquisition, simply put, would have only a slightly adverse anticompetitive effect. Basis for Corporation approval, August 17,1976 Bank of Oregon, Woodburn, Oregon, with total resources of $39,056,000 and total IPC deposits of $31,203,000, has applied, pursuant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corporation's prior consent to merge w ith Guaranty Bank, Canby, Oregon, with total resources of $7,620,000 and total IPC deposits of $6,006,000. The banks would merge under the charter and title of Bank of Oregon. As an incident to the merger, the sole office of Guar anty Bank would be established as a branch of the resultant bank, thereby increasing the number of its offices to nine. C om petition. Bank of Oregon operates its eight offices in the Willamette Valley of northwestern Oregon. Its main office, in Woodburn, is located some 30 road-miles south of Portland and 17 miles northeast of Salem. Other than a single branch established in Dundee, in northeastern Yamhill County, all offices of Bank of Oregon are located in western Marion County. Guaranty Bank has its sole office in Canby, in Clackamus County, 11 road-miles northeast of Woodburn. The Willamette Valley is a rich agricultural re gion. In addition to agriculture, the area around Woodburn has some light industry and timber operations. Canby is a trading center in the valley. During the 1960s Canby experienced a 76 percent increase in its population, resulting in a 1970 population of 3,813. While the 1974 Marion Coun ty median household buying level of $10,116 was 7 percent below the State level of $10,855, Clack amas County's median level of $13,038 was 20 percent above that of the State. One other institution, Canby Union Bank, is headquartered in Canby. Two branches of Bank of Oregon, representing the closest alternatives for Canby area residents other than Canby Union Bank, are located 3 and 7 miles southwest of Can by. Therefore, there is an overlapping of the serv ice areas of the proponents. Guaranty Bank holds 7.3 percent, the fifth largest share, of the IPC deposits held in the offices of the seven commer cial banks operating in its trade area. Bank of Oregon holds 3.9 percent of such deposits. Con summation of the proposal would eliminate some existing competition. However, Guaranty Bank's market is dominated by the State's two major banks, which hold a combined market share of 59.6 percent, and in view of the minor shares of aggregate area commercial bank IPC deposits held by each proponent, this elimination of competi tion would not weigh significantly against approval of the application. Guaranty Bank has experienced managerial and financial problems and its potential fo r office expansion is negligible. On the other hand, al though Bank of Oregon is precluded by Oregon's home office laws from de novo entry into Canby, it would likely find other areas of Guaranty Bank's market attractive for such entry. Thus, the merger would eliminate the potential for increased compe tition between the proponents. However, this anti competitive effect is mitigated as a result of Guaranty Bank's weakened condition and the existing domination of the market by the State's major banks. Any available alternative merger part ner for Guaranty Bank would be one of the larger banks which would represent a far more anti competitive proposal. In view of the foregoing, the Board of Directors is of the opinion that the proposed merger would not substantially lessen competition in any section of the country, nor would it tend to create a monopoly or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. Bank of Oregon has satisfactory finan cial and managerial resources; those of Guaranty Bank are less than satisfactory. The latter's future prospects, as an integral part of the resultant bank, would be satisfactory. Convenience and Needs o f the C om m unity to be Served. The proposed merger would improve significantly the viability of Guaranty Bank as a part of the resultant bank and strengthen its com petitive stance in the relevant market. Based on the foregoing, the Board of Directors has concluded that approval of the application is warranted. R e s o u rc e s ( in th o u s a n d s o f d o lla r s ) E x change B a n k o f U n a d illa B a n k in g o f f ic e s in o p e r a tio n B e fo r e A fte r 7,859 1 2 3,972 1 Unadilla, Georgia (change title to State Bank and Trust Company) to merge with B a n k o f B y ro m v ille Byromville Summary report by Attorney General, May 11, 1976 Dooly County (1970 population 10,404) is BANK ABSORPTIONS APPROVED BY THE CORPORATION served by four banks, each of which has only one office. Applicant currently holds 30 percent of total county commercial bank deposits and ranks second in the county. Bank ranks fourth with 15 percent. Hence, the proposed acquisition would produce a bank holding 45 percent of total county deposits and the bank which currently ranks first with 33 percent of county deposits will drop to second place. Also, Applicant and Bank are w ithin 11 miles of each other, which produces some de gree of competitive overlap. It must be noted, however, that Applicant and Bank are controlled by the same five persons. In sum, the proposed acquisition would elim i nate direct competition and would greatly increase concentration and would normally be viewed as having an adverse effect upon competition. The existing common ownership and control of the Applicant and Bank suggests that the damage has already occurred and that the merger is more a change in form than in substance. Basis for Corporation approval, September 7, 1976 Exchange Bank of Unadilla, Unadilla, Georgia ("Exchange Bank"), an insured State nonmember bank having total resources of $7,859,000 and total IPC deposits of $6,100,000, has applied, pur suant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corpora tion's prior consent to merge with Bank of Byrom ville, Byromville, Georgia ("Byrom ville Bank"), an insured State nonmember bank with total re sources of $3,972,000 and total IPC deposits of $3,611,000. The merger would be effected under the charter of Exchange Bank and with the title "State Bank and Trust Company." Following the merger, the sole office of Byromville Bank would be established as a branch of the resultant bank, which would then operate a total of two offices. C om petition. Exchange Bank operates its sole office in Unadilla, a town in central Georgia lo cated approximately 40 miles south of Macon and 70 miles east of Columbus. Byromville Bank has its office in Byromville, located some 12 roadmiles west of Unadilla.* *A close relationship has existed between the proponents since September 1973 when the m ajority of Byromville Bank's stock was acquired by five individuals who also control more than 60 percent of the stock of Exchange Bank. The Corporation has consistently taken the posi tion that where control of a bank is acquired by stock acquisition not subject to regulatory scrutiny, the effect of a merger may be the circumvention of the competi tive standards o f the Bank Merger Act. See Basis for Corporation Denial of the proposed acquisition of The Citizens and Southern Bank of Tucker by The Citizens and Southern Emory Bank, 1971 F D IC Annual Report, pp. 152, 154 and Basis fo r Corporation approval of the proposed acquisition of The Citizens and Southern Emory Bank, 1975 F D IC Annual Report, pp. 105-110. Therefore, the current affiliation of the two banks is seen as being of no persuasive value in determining what competitive impact, if any, the proposed merger may have. 83 Both banks are located in the northern half of Dooly County. This county and the immediately adjacent area are largely rural and characterized by an agricultural economy. These areas have experi enced a declining population over the last two decades. Byromville Bank's primary trade area extends over a radius of approximately 12 miles from Byromville and includes the Macon County cities of Montezuma and Oglethorpe to the northwest as well as the Dooly County communities of Unadilla to the east and Vienna to the southeast. Including a bank established in July 1976, seven commercial banks have one office each in this area and serve a 1970 estimated population of 17,300, representing a 3.9 percent population decrease during the 1960s. Controlling the fifth and sixth largest shares of the market's commercial bank IPC de posits, Exchange Bank and Byromville Bank hold respectively 15.5 percent and 9.2 percent of such deposits. Although existing competition between the proponents would be eliminated by their merg er, this result would have only slight competitive significance in view of the market's relatively modest size and the continued presence therein of four established competitors whose market shares range from 16.4 percent to 22.9 percent. Including the newly established bank in Vienna, there would be a bank to serve each 2,468 inhabitants in the market. Within the primary trade area of the resultant bank (comprising in addition to Byromville Bank's market an area extending 15 road-miles north of Unadilla to Perry in Houston County and a similar distance east to Hawkinsville in Pulaski County), 11 commercial banks would be represented by a total of 16 offices. The resultant bank, holding 11.6 percent of the IPC deposits of these offices, would be third largest in the market. Five other banks would hold shares ranging from 9.9 percent to 14.3 percent of such deposits. Including the newly established bank, each commercial bank office in this market would serve an average of 2,200 people. Even if the two banks were not under the same majority control, it is doubtful that a significant potential for increased competition between the proponents through their de novo branching would exist. Although Georgia law permits their branching w ithin Dooly County, such de novo expansion by either would be unlikely in view of the county's 9.3 percent decline of population during the 1960s and its present over-banked structure. Based on the foregoing, the Board of Directors has concluded that the proposed merger would not, in any section of the country, substantially lessen competition, tend to create a monopoly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. Each proponent has satisfactory finan 84 FEDERAL DEPOSIT INSURANCE CORPORATION cial and managerial resources, as would the result ant bank. Its future prospects appear to be favor able. Convenience and Needs o f the C om m unity to be Served. The larger lending lim it and increased pool of lendable funds of the resultant bank should be advantageous to a number of borrowers in the Unadilla area. Credit card financing would be introduced in the Byromville area. In view of the foregoing, the Board of Directors has concluded that approval of the application is warranted. R e s o u rc e s ( in th o u s a n d s o f d o lla r s ) C it y B a n k B a n k in g o f f ic e s in o p e r a t io n B e fo r e A fte r 7,393 1 4 7,870 3 Lynnwood, Washington to acquire the assets and assume the deposit liabilities o f Evergreen S ta te B a nk Seattle Summary report by Attorney General, July 19, 1976 The banks are relatively close to each other al though Applicant is located in Snohomish County and Bank is located in bordering King County. One of Bank's branches is right on the border of the two counties. Both banks serve the Seattle SMSA, and thus they compete w ith each other. However, given the small size of deposits and mar ket shares of the banks, the existing competition between them should be viewed as insubstantial. Applicant presently controls 5.7 percent of com mercial bank deposits in its service area and Bank controls 7 percent. The resulting bank would have 12.7 percent of the total bank deposits in the sur rounding area. However, if the entire Seattle SMSA were included in the relevant market, the respective market shares would be de minimus. Furthermore, Washington State's laws pertain ing to branching and holding companies preclude Applicant from entering King County on a de novo basis and Bank from entering Snohomish County. Hence, the proposed acquisition w ill not eliminate potential competition. We therefore conclude that the proposed acqui sition w ill have only a slight adverse effect upon competition. Basis for Corporation approval, September 7, 1976 City Bank, Lynnwood, Washington, with total resources of $7,393,000 and total IPC deposits of $5,323,000, has applied, pursuant to section 18(c) and other provisions of the Federal Deposit Insur ance Act, for the Corporation's prior consent to acquire the assets of and assume the liability to pay deposits made in Evergreen State Bank, Seattle, Washington, with total resources of $7,870,000 and total IPC deposits of $6,576,000. The transaction would be effected under the char ter and with the title of City Bank. Incident to the proposal, the three offices of Evergreen State Bank would be established as branches of City Bank, increasing the number of its offices to four. C om petition. City Bank operates its sole office in the city of Lynnwood, a residential community in southwestern Snohomish County approximately 17 road-miles north of downtown Seattle and 12 miles south of Everett, in northwestern Washing ton. Evergreen State Bank has its main office approximately 12 road-miles north of downtown Seattle. It maintains one branch each in Innis Arden and in Inglewood, located respectively 3 miles southwest and 6 miles southeast of the main office. All three offices are located in residential, unincorporated areas of northwestern King Coun ty. The proponents operate within the SeattleEverett SMSA; however, the area in which the competitive effects of the merger would be most immediate is Evergreen State Bank's primary trade area. This area consists of extreme northwestern King County and adjacent southwestern Sno homish County and includes the cities of Kenmore, Lynnwood, and Edmonds. The defined market area has experienced substantial growth during recent years. The market's estimated 1970 population of 89,800 represents approximately a 72 percent increase from 1960. A total of 10 commercial banks operating 23 local offices are represented in Evergreen State Bank's primary market. The market is dominated by the State's largest commercial banks. The State's two largest commercial banks control 56.4 percent of the market's commercial bank IPC deposits; 77.9 percent of such deposits are con centrated in four banks. City Bank has 2.7 percent and Evergreen State Bank has 3.8 percent of such deposits, representing the second and fourth small est shares respectively. The proposed transaction would eliminate existing competition; however, in view of the modest size of each proponent, the proposal would have no significant effect on competition. The resultant bank's 6.5 percent share of the market's commercial bank IPC de posits, although fifth largest, would be substan tially lower than those of the four market leaders. A Washington commercial bank may legally branch de novo w ithin the city that contains its main office, in unincorporated areas of its main office county, and in unbanked, incorporated communities throughout the State. As a result of this law, the number of branch sites open to either of the proponents is very limited and the potential for a significant increase in competition between BANK ABSORPTIONS APPROVED BY THE CORPORATION the proponents is minimal. Further, any potential increase in competition that may be eliminated by the proposal is not considered serious when com pared with the market's present deposit concentra tion. Based on the foregoing, the Board of Directors is of the opinion that the proposed transaction would not substantially lessen competition in any section of the country, nor would it tend to create a monopoly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. Each proponent has satisfactory finan cial and managerial resources. Those of the result ant bank would be satisfactory. Its future pros pects would be favorable. As of September 14, 1976, The New Boston Bank and Trust Company had deposits and other liabilities of $5.3 million and operated one office. On September 14, 1976, the Federal Deposit Insurance Corporation was appointed as liqui dating agent of The New Boston Bank and Trust Company. The Board of Directors finds that the failure of The New Boston Bank and Trust Company re quires it to act immediately and thus waives pub lication of notice, dispenses with the solicitation of competitive reports from other agencies, and authorizes the transaction to be consummated immediately. Convenience and Needs o f the C om m unity to be Served. The proposed transaction would have little effect on the convenience and needs of the local market. The resultant bank would not offer any services not presently available in the market; however, its increased legal lending lim it should enable it to compete more effectively in the rel evant market. The Board of Directors, considering the fore going information, has concluded that approval of the application is warranted. 85 Banking offices in Resources (in o p e ratio n thousands o f dollars) Before A fte r B ank L eu m i T ru s t C o m p a n y o f N ew Y o rk 491,222 5 267,680 5 10 New York, New York to purchase the assets and as sume the deposit lia b ilitie s o f A m e ric a n B a n k & T ru s t C om pany New York Banking offices in ope ratio n Resources (in thousands o f dollars) Before A fte r C a p ito l B a n k and T ru s t C o m p an y 68,910 3 9,238 1 4 Boston, Massachusetts to purchase the assets and as sume the dep osit lia b ilitie s o f T h e N e w B o sto n B a n k and T ru s t C o m p an y Boston Approved under emergency provisions. No re port requested from the Attorney General. Basis for Corporation approval, September 14, 1976 Capitol Bank and Trust Company, Boston, Massachusetts, an insured State nonmember bank with total resources of $68,910,000, has applied, pursuant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Cor poration's consent to purchase the assets of and assume liability to pay deposits made in The New Boston Bank and Trust Company, Boston, Massa chusetts, an insured State nonmember bank with total resources of $9,238,000. As an incident to the transaction, the only office of The New Bos ton Bank and Trust Company would become a branch of Capitol Bank and Trust Company. Approved under emergency provisions. No re port requested from the Attorney General. Basis for Corporation approval, September 15, 1976 Bank Leumi Trust Company of New York, New York (Manhattan), New York, an insured State no n m e m b er bank w ith total resources of $491,222,000, has applied, pursuant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corporation's consent to purchase the assets of and assume the liability to pay deposits made in American Bank & Trust Company, New York (Manhattan), New York, a State bank and member of the Federal Reserve System, with total resources of $267,680,000. As an incident to the transaction, the main office and four branches of American Bank & Trust Com pany would become branches of Bank Leumi Trust Company of New York. As of September 15, 1976, American Bank & Trust Company had deposits and other liabilities of approximately $190 m illion and operated five offices. On September 15, 1976, the Federal De posit Insurance Corporation was appointed as receiver of American Bank & Trust Company. The Board of Directors finds that the failure of American Bank & Trust Company requires it to act immediately and thus waives publication of notice, dispenses w ith the solicitation of compet itive reports from other agencies, and authorizes the transaction to be consummated immediately. FEDERAL DEPOSIT INSURANCE CORPORATION 86 R e s o u rc e s ( in th o u s a n d s o f d o lla r s ) B a n k in g o f f ic e s in o p e r a t io n B e fo r e A fte r 3 C a lifo rn ia O verseas B a n k (in organization) Beverly Hills, California to purchase a portion o f the assets and assume a portion o f the deposit liabilities o f A h m a n s o n B a n k and T ru s t C om pany 25,862 3 Beverly Hills Summary report by Attorney General, August 5, 1976 California Overseas Bank ("California Bank") is a non-operating institution organized for the pur pose of effectuating the sale of the commercial banking business (except for the trust business) of Ahmanson Bank to a separate new banking organi zation. After consummation of the proposed plan, the capital stock of California Bank will largely be owned by a group of investors (including foreign investors) not connected with either Ahmanson Bank or its corporate parent. It does not appear that the proposed trans action w ill have any adverse competitive effect. Basis for Corporation approval, October 6, 1976 Pursuant to sections 5 and 18(c) and other pro visions of the Federal Deposit Insurance Act, applications have been filed on behalf of California Overseas Bank, Beverly Hills, California, a pro posed new bank in organization, for Federal de posit insurance and for consent to its purchase of a portion of the assets and assumption of a portion of the liabilities of Ahmanson Bank and Trust Company, Beverly Hills, California ("Ahmanson Bank"), a State nonmember insured bank with total resources of $25,862,000 and total IPC de posits of $20,021,000 as of December 31, 1975. The main office and two existing branches of Ahmanson Bank would be established as the main office and branches of California Overseas Bank. C om petition. Organization of California Over seas Bank and the proposed purchase and assump tion transaction are being utilized by H. F. Ahmanson & Company, Los Angeles, California, a holding company controlling 100 percent of the voting shares of Ahmanson Bank, to divest the commercial banking business presently conducted by Ahmanson Bank. California Overseas Bank would not operate as a commercial bank prior to the proposed transaction. Subsequent to con summation of that transaction, California Overseas Bank would be operated as a commercial bank under a new management at the existing locations of Ahmanson Bank. The proposal would not affect the competitive structure of commercial banking in the trade area of Ahmanson Bank or result in a change of the commercial banking services which Ahmanson Bank has heretofore made available to the public. In view of the foregoing, the Board of Directors is of the opinion that the proposed transaction would not substantially lessen competition in any section of the country, nor would it tend to create a monopoly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. California Overseas Bank's new manage ment would appear to be both capable and diverse. Several of these individuals have had extensive and lengthy experience in the banking field. In addi tion, it is expected that the present staff of Ahmanson Bank will be retained. Overall, Cali fornia Overseas Bank's proposed management appears to be satisfactory. Ahmanson Bank has satisfactory financial re sources. The replacement of current ownership by a more aggressive and growth oriented ownership should have favorable results in terms of the Bank's future resources. Based on the foregoing, the Board concludes that the proponents' financial and managerial re sources are satisfactory and the resultant bank's future prospects would appear to be favorable. Convenience and Needs o f the C om m unity to be Served. In the past, Ahmanson Bank has not chosen to be a strong competitor. As a result, the bank has not grown like other banks in its service area. It is expected that the new management w ill entirely change past policies and objectives and will aggressively seek new business, and by be coming an active competitor in its service area, the resultant bank should make a meaningful contribu tion to the financial needs of the community. On the basis of the foregoing information, the Board of Directors has concluded that approval of the applications is warranted. Bank ing Resources o ffices in (in o pe ratio n thousands o f dollars) Before A fte r F ra n k lin C o u n ty Savings B a n k 53,892 5 497 1 Farmington, Maine (change title to Franklin Savings Bank) to merge wi th S o m e rs et L o a n and B u ild in g A s so c ia tio n Skowhegan Summary report by Attorney General, August 20, 1976 6 BANK ABSORPTIONS APPROVED BY THE CORPORATION Based on information contained in the appli cation, there appears to be no direct competition between the parties. Neither party has offices in the other's markets and neither draws any savings deposits or loans from the market area of the other. There are 13 financial institutions (2 savings banks, 5 commercial banks, 1 savings and loan association, and 5 credit unions) operating in Asso ciation's market area w ith total deposits of $102 million and loans of $75 million. Consummation of the proposed merger w ill result in the elimi nation of the only savings and loan association in the market. Although the respective market shares of each institution will remain the same after the merger, concentration in the number of savings banks w ill increase somewhat and the share of deposits held by all such savings institutions will increase by 0.4 percent. Maine permits statewide branching except in limited circumstances which do not exist in the present application. By de novo entry into the Skowhegan market instead of merger, Applicant would increase competition, rather than eliminate the only mutual loan and building corporation in the market. De novo entry is the preferable, less restrictive alternative for Applicant to enter the Skowhegan market, absent any "failing company" argument. In sum, it appears that the proposed merger will have some adverse competitive consequences. Basis for Corporation approval, October 6,1976 Franklin County Savings Bank, Farmington, Maine (“ Franklin Savings"), an insured mutual sav ings bank with total resources of $53,892,000 and total deposits of $49,740,000, has applied, pur suant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corpora tion's prior consent to merge with Somerset Loan and Building Association, Skowhegan, Maine ("Somerset Loan"), a noninsured mutual loan and b u ild in g corporation with total resources of $497,000 and total deposits of $376,000. The institutions would merge under the charter of Franklin Savings w ith the title "Franklin Savings Bank." As an incident to the merger, the sole of fice of Somerset Loan would become a branch of the resulting bank, increasing the number of its approved offices to seven. C om petition. Franklin Savings operates five of fices: its main office and two branches in Franklin County and two branches in Oxford County. Also, it has approval to open a sixth office in Franklin County. Franklin Savings is the 12th largest th rift institution in the State. Somerset Loan operates its sole office in Skowhegan, Somerset County. The effects of the merger would be most pro nounced in Somerset Loan's market, which con sists of Skowhegan and the adjacent town of Norridgewock. The combined 1970 population of 87 Skowhegan and Norridgewock was 9,565, rep resenting a 2.9 percent increase from 1960. The 1970 population of Somerset County was 40,597, up 2.1 percent from 1960. Economic activity in the area includes the manufacture of leather, paper, lumber products, and textiles. The 1974 median buying level for Somerset County was $9,713, 9.2 percent below the comparable state wide figure. The local economy is expected to receive a significant boost in the near future from the construction of a large plant of a major paper products company. There is no existing competition between Franklin Savings and Somerset Loan. Their closest offices are about 28 miles apart, and neither has any significant business originating in areas served by the other. Indeed, Somerset Loan is not a viable competitor in its own market, having accumulated total deposits of less than $400,000 in its over 90 years of operation. This amounts to only 0.7 percent of the aggregate IPC deposits of $55 million in the local market. The other 99.3 percent is held by the Skowhegan Savings Bank (70.5 percent) and four branches of two commer cial banks (28.8 percent).* The potential for competition to develop be tween the two institutions in the future is remote. The miniscule size and lack of managerial re sources preclude any expansion by Somerset Loan. Moreover, Somerset Loan is required by State law to become federally insured by March 1977, and the likely alternative to this merger is liquidation of the institution. This transaction represents a de m inim is acquisition and it is the practical equiva lent of the establishment of a de novo branch in Skowhegan by Franklin Savings. Under these circumstances, the Board of Direc tors is of the opinion that the proposed merger would not, in any section of the country, substan tially lessen competition, tend to create a monop oly, or in any other manner be in restraint of trade. Financial and Managerial Resources: Future Prospects. Financial and managerial resources of Franklin Savings are generally satisfactory. Finan cial resources of Somerset Loan are satisfactory; however, managerial resources are limited by an elderly staff with no successor management. Con summation of the proposed merger would elimi nate the succession problem. Future prospects of the resulting bank are considered favorable. Convenience and Needs o f the C o m m unity to be Served. The proposed merger would provide the ^Because of the increased parity between th r ift institu tions and commercial banks in the State of Maine, the Board of Directors has taken the position that commer cial realities require a viewing of a combined commercial b ank-thrift institution market when determining the competitive impact of any proposed merger in Maine. See Basis fo r Corporation Approval of the proposed merger of Bangor Savings Bank, Bangor, Maine and the Piscataquis Savings Bank, Dover-Foxcroft, Maine, page 78. FEDERAL DEPOSIT INSURANCE CORPORATION 88 Skowhegan area with an alternative source for all mutual savings bank services, including maximum allowable interest rates on regular savings and a full range of time deposits, as well as conventional, insured conventional, and VA-guaranteed mort gage loans. Such alternatives are presently limited to regular savings and conventional mortgages by Somerset Loan. This broader range of alternative services would be offered at a time when demand for such services in the area should be increasing due to the completion of the new paper plant in the Skowhegan area. In addition, Somerset Loan's depositors would gain the protection and security of Federal deposit insurance. Based on the foregoing, the Board of Directors has concluded that approval of the application is warranted. R e s o u rc e s ( in th o u s a n d s o f d o lla r s ) T h e M e rc h a n ts B a n k B a n k in g o f f ic e s in o p e r a t io n B e fo r e A fte r 83,354 10 11 7,216 1 Burlington, Vermont to merge with H a rd w ic k T r u s t C o m p a n y Hardwick Summary report by Attorney General, August 19, 1976 Although neither party has banking facilities in the other's service area, both institutions derive some business from the other's market. Applicant derived 0.36 percent of its deposits and 0.67 per cent of its loans from Bank's service area. Sim ilarly, Bank receives 5.7 percent of its deposits and 0.5 percent of its loans from Applicant's service area. Hence, the proposed acquisition would elimi nate a small amount of existing competition. There are seven commercial banking institu tions serving Caledonia County. Applicant has no facility in the county, but nevertheless it has an 0.8 percent market share. Bank, the smallest com mercial banking institution in the county, controls 9 percent of the deposits and 1 of the 10 commer cial banking offices in the county. Consummation of the proposed merger w ill give the resulting insti tution total deposits and loans of 9.8 percent and $4.3 million, respectively, and will effectively in crease Applicant's market share by 9 percent, al though it w ill not change its county rank. Accord ingly, the proposed acquisition would tend to increase concentration in banking in Caledonia County slightly. Vermont banking law permits both Applicant and Bank to freely enter the primary service area of the other, either by branching or the establish ment of a de novo bank. Indeed, since 1963 A ppli cant has on five occasions entered new markets through the establishment of de novo branches. Nothing in the application suggests that de novo entry is infeasible in the instant situation. The pro posed acquisition, therefore, would eliminate potential competition to an im portant degree. In sum, it appears that overall the proposed acquisition will have adverse competitive conse quences, particularly as regards potential competi tion. Basis for Corporation approval, October 6, 1976 The Merchants Bank, Burlington, Vermont (“ Merchants"), a State nonmember insured bank with total resources of $83,354,000 and total IPC deposits of $68,178,000, has applied, pursuant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corporation's prior consent to merge with Hardwick Trust Company, Hardwick, Vermont ("Hardwick Trust"), with total resources of $7,216,000 and total IPC de posits of $5,780,000. The banks would merge under the charter and title of Merchants. The 1 of fice of Hardwick Trust, as an incident to the merger, would become a branch of the resulting bank, in creasing to 11 the total number of its offices. C om petition. Merchants operates its 10 offices in western Vermont: 6 offices in Chittenden Coun ty, 2 in Washington County, and 1 each in Addi son and Grand Isle Counties. Merchants is the State's fifth largest commercial bank, holding 5.4 percent of the statewide commercial bank de posits. Hardwick Trust, operating its sole office in Hardwick, Caledonia County, is ranked 27th among the 29 commercial banks in the State. Hardwick is situated in the northeast quadrant of the State and is approximately 45 miles east of Burlington. The most appropriate geographic area in which to assess the competitive effects of the proposed transaction would be Hardwick Trust's market, which consists of the town of Hardwick and five adjacent communities in Caledonia County. This market area had a population of 4,651 in 1970, representing a 1.8 percent increase since 1960. Its economy is based primarily upon agriculture, with tourism and light manufacturing of some impor tance. Caledonia County's 1974 median household income of $9,004 was 11.4 percent below the statewide median of $10,160. The only other banking office in the trade area is a branch of S te rlin g Trust Company, Johnson, Vermont, which opened for business on November 24, 1975, and had total deposits of only $501,000 on June 25, 1976. Merchants does not operate in this mar ket. The proponents' closest offices, Merchants' office in Barre and Hardwick Trust's office in Hardwick, are located 25 road-miles apart. There fore, no significant existing competition between the two banks would be eliminated by their pro posed merger. 89 BANK ABSORPTIONS APPROVED BY THE CORPORATION Although Vermont law permits statewide de novo branching, there is little potential for the development of competition in the future between Merchants and Hardwick Trust. Hardwick Trust, in operation since 1892, has confined its expansion activity to one merger in 1931 and it lacks the managerial and financial resources to branch de novo. For its part, Merchants would not find the Hardwick trade area attractive for de novo entry at the present time because income levels are well below the statewide average and each banking of fice presently serves an average of 2,325 people, compared with an average of 2,598 people per banking office throughout the State. Accordingly, any elimination of potential competition between Merchants and Hardwick Trust which might result from their proposed merger is not significant. Under the circumstances presented, the Board of Directors is of the opinion that the proposed merger would not, in any section of the country, substantially lessen competition, tend to create a monopoly, or in any other manner be in restraint of trade. section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corporation's con sent to purchase the assets of and assume the li ability to pay deposits made in Centennial Bank, Philadelphia, Pennsylvania, an insured State non member bank with total resources of $15,281,000. As an incident to the transaction, the main office and three branches of Centennial Bank would be come branches of Lincoln Bank. As of October 20, 1976, Centennial Bank had deposits and other liabilities of some $12.4 million and operated four offices. On that date, Pennsyl vania Secretary of Banking William E. Whitesell took possession of Centennial Bank. The Board of Directors finds that the failure of Centennial Bank requires it to act immediately and thus waives publication of notice, dispenses with the solicitation of competitive reports from other agencies, and authorizes the transaction to be con summated immediately. Financial and Managerial Resources; Future Prospects. Both Merchants and Hardwick Trust have satisfactory financial and managerial re sources for their present operations, as would the resultant bank. Future prospects for the resultant bank are favorable. Convenience and Needs o f the C om m unity to be Served. Customers of Hardwick Trust would be offered broader banking services by a more aggres sive management, such as an expanded deposit program, free checking for senior citizens, more sophisticated trust services, substantially increased lending limits, and a credit card plan. Based on the foregoing, the Board of Directors has concluded that approval of the application is warranted. L in c o ln B a n k B a n k in g o f f ic e s in o p e r a tio n R e s o u rc e s ( in th o u s a n d s o f d o lla r s ) B e fo r e A fte r 110,596 7 11 15,281 4 Bala-Cynwyd, Pennsylvania to purchase the assets and as sume the deposit liabilities o f C e n te n n ia l B a n k Philadelphia Approved under emergency provisions. No re port requested from the Attorney General. Basis for Corporation approval, October 21, 1976 Lincoln Bank, Bala-Cynwyd, Pennsylvania, an insured State nonmember bank with total re sources of $110,596,000, has applied, pursuant to T h e M ississippi B a n k B a n k in g o f f ic e s in o p e r a tio n R e s o u rc e s ( in th o u s a n d s o f d o lla r s ) B e fo r e A fte r 152,410 10 13 18,784 3 Jackson, Mississippi to merge with T ru c k e rs E xch an g e B a n k Crystal Springs Summary report by Attorney General, September 27, 1976 In terms of county deposits, Applicant is the third largest of the 10 banking organizations oper ating in Hinds County. As of June 30, 1975, Applicant's Hinds County offices held deposits of $72 million, 6.5 percent of the total deposits held by commercial banking offices located in that county. Deposit Guaranty National Bank, the larg est banking organization in the State, held, as of June 30, 1975, deposits of $510 million at its Hinds County offices, 46 percent of total county deposits. First National Bank of Jackson, the second largest banking organization in the State, held, as of June 30, 1975, deposits of $448 m illion at its Hinds County offices, 40.4 percent of coun ty deposits. Bank is the second largest of the four banks operating in Copiah County, which adjoins Hinds County to the south. Its deposits of $15.5 million, as of June 30, 1975, constituted 28 percent of deposits held by Copiah County banks. Bank of Hazlehurst is the largest bank in Hinds County; it held deposits of $19.8 million, as of June 30, 1975, 36 percent of total Copiah County deposits. Merchant and Planters Bank and Bank of Wesson 90 FEDERAL DEPOSIT INSURANCE CORPORATION held, as of June 30, 1975, 22 percent and 14 per cent, respectively, of total Copiah County de posits. According to the application, the State has approved a charter for a new bank which will be located in Crystal Springs, Copiah County. The closest offices of Applicant and Bank (Applicant's branch in Terry, Hinds County, and Bank's main office in Crystal Springs, Copiah County) are 9 miles apart, and there is some over lap between Applicant's and Bank's service areas. The application does not indicate the amount of deposits or number of accounts held by A ppli cant's Terry branch which are drawn from Bank's service area. However, even assuming that all the deposits held by Applicant's Terry branch—total deposits of approximately $2 million (including IPC dem and d e p osits o f a p p ro x im a te ly $500,000)—are drawn from Bank's service area, the proposed acquisition would not eliminate a significant degree of direct competition. The de posits held by Applicant's Terry branch constitute only 1.4 percent of Applicant's total deposits, and equal only 3.6 percent of the total deposits held by Copiah County banks and 11.7 percent of Bank's total deposits. Under Mississippi law, either bank could be per mitted to open de novo branches in the area served by the other. Applicant, however, is substantially smaller than the two largest banks in the State which operate in its service area and which may also enter Bank's service area. Therefore, the pro posed acquisition would be unlikely to have a sig nificantly adverse effect on potential competition. In sum, the proposed acquisition will have, overall, slightly adverse anticompetitive effects. Basis for Corporation approval, November 3, 1976 The Mississippi Bank, Jackson, Mississippi (“ Jackson Bank"), an insured State nonmember bank with total assets of $152,410,000 and total IPC deposits of $50,271,000, has applied, pur suant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corpora tion's prior consent to merge under its charter and t it le w ith Truckers Exchange Bank, Crystal Springs, Mississippi ("Truckers"), an insured State n o n m e m b er bank w ith total resources of $ 1 8 ,7 8 4 ,0 0 0 and to ta l IPC d e p osits of $15,223,000. Incident to the merger, the 3 offices of Truckers would be established as branches of the resulting bank, increasing to 13 the total num ber of its offices. C om petition. Jackson Bank maintains its 10 offices w ithin the Jackson SMSA, in the southwest quadrant of Mississippi. This SMSA comprises Hinds and Rankin Counties and had a 1970 popu lation of 258,906, representing a 17.0 percent in crease since 1960. Truckers operates its main office and two branches in the city of Crystal Springs, in Copiah County, 25 road-miles southwest of Jackson. Copiah County adjoins the southern border of Hinds county and many of its workers commute to Jackson or its suburbs for employment. Crystal Springs and Copiah County had 1970 populations of 4,180 and 24,749, respectively. The county's population represented an 8.5 percent decrease from 1960 and its median household buying level of $6,957 was substantially below the statewide median of $8,706. Effects of the proposed merger would be most immediate and direct in Truckers' local market, which comprises Copiah County and the southern portion of adjoining Hinds County. This includes the towns of Terry and Utica, which are respec tively located 9 miles northeast and 20 miles northwest of Crystal Springs. There are 12 offices of 6 commercial banks operating w ithin this mar ket, serving a 1970 population estimated at 27,250. In addition, a new unit bank has been chartered and approved for Federal deposit insur ance and w ill be located in Crystal Springs. Jack son Bank operates one office in this market area. As of June 30, 1975, Truckers held 24.3 percent of the local market's commercial bank IPC de posits, representing the second largest share of such deposits. With merely $1,972,000 in IPC de posits, Jackson Bank's Terry branch held 3.6 per cent of the IPC deposits, representing the local market's smallest share. The resultant bank's 27.9 percent share of the market's commercial bank IPC deposits would remain second to the 31.6 per cent share held by the market's largest competitor, Bank of Hazlehurst. The proposed transaction would eliminate existing competition; however, in view of Jackson Bank's modest size in the local market, the proposal is not viewed as having a sig nificant effect on competition. Under Mississippi law, each of the proponents may enter de novo the primary trade area of the other, but there appears to be little likelihood of this occurring. Truckers, in business for 44 years, has never expanded beyond Crystal Springs and would be unlikely to enter the Jackson SMSA, an area of intense competition, within the near fu ture. With the pending entry of a new unit bank into Crystal Springs and as a result of the market's limited population, the Crystal Springs local mar ket would be unattractive for de novo expansion. Further, even if the area were to become attractive for expansion in the future, several of the State's largest banks would be capable of de novo entry into the market. In its maximum potential market, which under State law is that region in Mississippi lying within a radius of 100 miles of its main office, Jackson Bank controls 1.5 percent of the IPC deposits held on June 30, 1975, by all area offices of the 100 commercial banks now represented in this market. The proposed merger would increase this share to 2.0 percent. From the foregoing data it appears that the pro posed merger would not have a significant effect BANK ABSORPTIONS APPROVED BY THE CORPORATION on competition in any relevant area; and thus, the Board of Directors is of the opinion that the propsoed merger would not, in any section of the country, substantially lessen competition, tend to create a monopoly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. Both Jackson Bank and Truckers have adequate financial and managerial resources, as would the resulting bank. Convenience and Needs o f the C om m unity to be Served. With a substantially increased credit capability, an aggressive management would offer at Truckers' locations a broader spectrum of lend ing services and introduce trust services in the area. In light of the foregoing, the Board of Directors has concluded that approval of the application is warranted. R e s o u rc e s ( in th o u s a n d s o f d o lla r s ) D r y D o c k Savings B a n k B a n k in g o f f ic e s in o p e r a tio n B e fo r e A fte r 1,626,421 12 15 81,729 3 New York, New York to merge with N e w Y o r k F ed eral Savings and L o a n A s so ciatio n New York Summary report by Attorney General, June 22, 1976 We have reviewed this proposed transaction and conclude that it would not have a substantial competitive impact. Basis for Corporation approval, November 3, 1976 Dry Dock Savings Bank, New York (Man hattan), New York ("D ry Dock"), an insured mu tu a l savings bank with total resources of $ 1 , 6 2 6 , 4 2 1 , 0 0 0 and to ta l d e p osits o f $1,518,290,000, has applied, pursuant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corporation's prior consent to merge with New York Federal Savings and Loan Association, New York (Manhattan), New York ("Federal"), with total resources of $81,729,000 and total deposits of $73,621,000, upon the latter's conversion to a State charter. The merger would be effected under the charter and title of Dry Dock, and incident to the transaction, the 3 offices of Federal would become branches of the resultant bank, increasing to 17 the number of its approved offices. C om petition. Dry Dock presently operates a total of 12 offices: its main office and 8 branches in Manhattan, 2 branches in Queens, and 1 in 91 Nassau County. In addition, it has approval to establish a branch in Suffolk County and is pro posing the relocation to Nassau County of a branch it acquired, but has never operated, by its April 1975 purchase of Fifth Avenue Savings and Loan Association. Dry Dock's primary trade area comprises the boroughs of Manhattan, Bronx, Brooklyn, and Queens, in New York City, and adjacent Nassau County. It is not represented in Westchester County. Federal has its main office in Manhattan and two branches in Westchester County and it draws the bulk of its deposits from these two areas. Dry Dock and Federal have their main offices at locations 1.3 miles apart on Lexington Avenue in Manhattan. Within the Manhattan-Westchester market, Dry Dock and Federal, respectively, hold 4.72 percent and 0.31 percent of the deposits held by area offices of 40 mutual savings banks and 33 federally insured savings and loan associations. Although some direct competition would be elimi nated as a result of the proposed merger, in light of the modest size of each of the proponents and the numerous competing th rift institutions in the market, the competitive effects would be insignifi cant. New York law permits th rift institutions to establish only one de novo branch per year. In view of the modest size of each institution in its market and the intense competition presently existing therein, there appears to be little potential for significant competition to develop between Dry Dock and Federal in the near future. Dry Dock is the 10th largest of New York's th rift institutions, holding approximately 2.5 per cent of their aggregate deposits. The resultant bank, with approximately 2.6 percent of such deposits, would remain the 10th largest in the State. The Board of Directors is of the opinion that the proposed merger would not, in any section of the country, substantially lessen competition, tend to create a monopoly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. While some weaknesses are noted in the condition of Dry Dock's assets and the level of its surplus accounts, its financial resources are con sidered adequate for the purposes of this proposal and its management is satisfactory. Federal's finan cial and managerial resources are less than accept able. Financial and managerial resources of the resultant bank, however, would be acceptable and its future prospects appear to be favorable. Convenience and Needs o f the C om m unity to be Served. The proposed transaction would have little effect on the convenience and needs of the Manhattan market. The resulting institution would offer no services that are not presently available from numerous alternative sources in the relevant market. FEDERAL DEPOSIT INSURANCE CORPORATION 92 The Board of Directors, considering the fore going information, has concluded that approval of the application is warranted. R e s o u rc e s ( in th o u s a n d s o f d o lla r s ) B a n k in g o f f ic e s in o p e r a t io n B e fo r e A fte r 3,191,245 19 21 26,390 2 T h e N e w Y o r k B a nk f o r Savings New York, New York to merge with G enesee F ed eral Savings and L o a n A s so ciatio n Irondequoit Summary report by Attorney General, June 9, 1976 Applicant's branch office at Jefferson Valley and the Genesee Savings' branch office at Henrietta (the closest offices of the parties) are 305 miles apart. Thus, it appears the proposed acquisition would eliminate no significant existing competi tion. Since January 1, 1976, statewide branching has been permitted under New York State law with certain exceptions, one of which requires that the city or village into which branching is contem plated have a population in excess of 50,000. Given the size of Rochester, Applicant could branch into the area served by Genesee Savings. Accordingly, the proposed acquisition would eliminate potential competition to some extent. It should be noted, however, that Genesee Savings ranks eighth among the nine th rift institutions which serve the Rochester area. Furthermore, there are 10 commercial banks which serve the market, several of which are upstate appendages of New York City banks that rank among the largest financial institutions in the country. Viewing all 19 financial institutions that currently serve the Rochester area collectively, the total deposits held by Genesee Savings represent 0.03 percent of the total deposits of all 19 institutions and its 2 offices represent less than 1 percent of total offices in the region. Thus, the amount of potential competition lost as a result of the proposed acquisition is not substantial. Indeed, the acquisition w ill create a financial institution much more capable of com peting against the large institutions already serving the market than Genesee Savings standing alone. In sum, the proposed acquisition would have only a slightly adverse effect upon competition. Basis for Corporation approval, November 3, 1976 The New York Bank for Savings, New York (Manhattan), New York ("A pplicant"), an insured mutual savings bank with total resources of $ 3 ,1 9 1 ,2 4 5 ,0 0 0 and to ta l d e p osits of $2,757,194,000, has applied, pursuant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corporation's prior consent to merge with Genesee Federal Savings and Loan Association, Irondequoit (P. O. Rochester), New York ("Genesee"), a federally insured savings and loan a sso cia tio n w ith to ta l resources of $26,390,000 and total deposits of $24,795,000. The 2 institutions would merge under the charter and title of Applicant, and incident to the merger, the 2 offices of Genesee would become branches of the resultant bank, increasing to 21 the number of its offices. C om petition. Applicant operates its main office and 16 branches in Manhattan and its remaining 2 branches in Westchester County. Applicant is the third largest of New York's mutual savings banks, holding 4.5 percent of their aggregate deposits. Genesee has its main office in Irondequoit and its only branch in Henrietta, located respectively approximately 6 miles north and 7 miles south of Rochester. The city of Rochester, centrally lo cated in Monroe County, is the largest center of population and industry between Syracuse and Buffalo in northwestern New York State. The 1975 median household buying level of Monroe County ($16,576) exceeded that of the State by 21.4 percent. The area enjoys the lowest unem ployment rate in the State and its continued eco nomic stability is indicated. The Monroe County th rift institution market is shared by three mutual savings banks, whose area offices hold aggregate deposits of $1,562 billion, and six savings and loan associations, whose coun ty offices hold deposits of $1,003 billion. Genesee has the eighth largest share, 1.0 percent, of the deposits held by county offices of these nine insti tutions. No office of Applicant is located within 300 road-miles of either office of Genesee and the pro ponents' primary trade areas are separate and dis tinct. No significant existing competition between them would be eliminated by their merger. The possibility of significant competition developing between Applicant and Genesee through their de novo branching is limited. Modest-sized Genesee would not find feasible its entry into the distant, intensely competitive metropolitan New York market. New York law limits to one the number of de novo branches any th rift institution may estab lish per year. As a result, there is little potential for the development of a significant amount of competition in the near future even if Applicant were to branch de novo into the Rochester trade area. Based on the foregoing, the Board of Directors is of the opinion that the proposed merger would not, in any section of the country, substantially lessen competition, tend to create a monopoly, or in any manner be in restraint of trade. BANK ABSORPTIONS APPROVED BY THE CORPORATION 93 Financial and Managerial Resources; Future Prospects. While some weaknesses are noted in the Financial and Managerial Resources; Future Prospects. The financial and managerial resources condition of Applicant's assets and the level of its surplus accounts, its financial and managerial re sources are considered adequate for purposes of this proposal. Genesee's financial and managerial resources are acceptable. Financial and managerial resources of the resultant bank would be accept able and its future prospects appear to be favor able. and future prospects of Union Story are satis factory. Convenience and Needs o f the C om m unity to be Served. The proposed transaction would have Convenience and Needs o f the C om m unity to be Served. The proposed transaction would be an internal reorganization and would not affect the convenience and needs of the community. Based on the foregoing information, the Board of Directors has concluded that approval of the application is warranted. little effect on the convenience and needs of the local market. The resulting institution would offer no services that are not currently available from alternative sources in the relevant area. Based on the foregoing, the Board of Directors has concluded that approval of the application is warranted. Banking Resources offices in (in ope ratio n thousands o f dollars) Before A fte r B ran ch B a n k in g a n d T r u s t C om pany 426,782 76 17,549 2 78 Wilson, North Carolina Banking Resources offices in (in op e ratio n thousands o f dollars) Before A fte r U n io n S to ry T ru s t & Savings B a n k 31,835 3 3 Ames, Iowa to merge w ith U n io n C o m p a n y - Ames Summary report by Attorney General, October 18, 1976 The merging banks are both wholly owned sub sidiaries of the same bank holding company. As such, their proposed merger is essentially a cor porate reorganization and would have no effect on competition. Basis for Corporation approval, November 16, 1976 Union Story Trust & Savings Bank, Ames, Iowa ("Union Story"), an insured State nonmember bank w ith total resources of $31,835,000, as of December 31, 1975, has applied, pursuant to sec tion 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corporation's prior consent to merge with Union Company, Ames, Iowa, a nonbanking entity which holds title to Union Story's banking premises and which is wholly owned by Union Story. The merger would be effected under the charter and title of Union Story. C om petition. The proposed merger would be a minor internal reorganization designed to return direct ownership of Union Story's banking prem ises to the bank from its wholly owned subsidiary. As such, it would not affect competition. to merge w ith T h e C itiz e n s B a n k o f W a rre n to n Warrenton Summary report by Attorney General, September 10, 1976 Bank operates solely in Warrenton (population 1 ,000), Warren County (population 15,800). Applicant operates its closest branch office in Littleton which is located in adjoining Halifax County about 16 miles away. Applicant also oper ates six other branch offices in Halifax County whose distances from Warrenton range between 30 and 65 miles. Thus, it seems clear that the pro posed acquisition w ill not eliminate existing com petition. There are three banks operating in Warren County. As of December 31, 1975, Bank had de posits of $14.5 m illion, 60 percent of county de posits; Peoples Bank and Trust Co., the State's 10th largest bank, had deposits of $5.4 million at its branch in Norlina (4 miles northwest of Warren ton), representing 25.7 percent of county deposits; and First Citizens Bank and Trust Co., the State's 5th largest bank, had deposits of $1.1 million at its Warrenton branch, equal to 5.2 percent of county deposits. Hence, the proposed acquisition w ill not increase concentration in Warren County. A ppli cant is the second largest bank in Halifax County, with about 30 percent of total deposits. Should it be deemed appropriate to define the relevant mar ket to embrace both Warren and Halifax Counties, there would be an increase in concentration. The second largest bank would be acquiring the fifth largest bank in the two-county market, and the resulting bank would rank first with 36 percent of total two-county deposits. 94 FEDERAL DEPOSIT INSURANCE CORPORATION Under North Carolina law either bank could be permitted to open de novo branches in the areas served by the other. Accordingly, the merger would eliminate the potential for increased compe titio n between the merging banks in the WarrenHalifax County area. However, the area is open to entry by the State's four largest banks, with de posits ranging from $1 billion to $3.1 billion, none of which presently operates an office there. In view of the decline in the area's population, and the ability of the State's largest banks to enter the area, consummation of the proposed merger would be unlikely to have a significantly adverse effect on potential competition. In sum, the proposed acquisition will have some adverse competitive effects. Basis for Corporation approval, November 16, 1976 Branch Banking and Trust Company, Wilson, North Carolina ("Branch"), an insured State n o n m e m b er bank w ith total resources of $ 4 2 6 ,7 8 2 ,0 0 0 and to ta l IPC deposits of $327,085,000, has filed, pursuant to section 18(c) and other provisions of the Federal Deposit Insur ance Act, an application seeking the Corporation's prior consent to merge under its charter and title with The Citizens Bank of Warrenton, Warrenton, North Carolina ("Citizens"), an insured State non member bank with total resources of $17,549,000 and total IPC deposits of $14,825,000. As an incident of the merger, the 2 offices of Citizens would be established as branches of the resultant bank, increasing to 79 the number of its approved offices. C om petition. Branch is the sixth largest com mercial bank in North Carolina and its parent, Branch Corporation, a one-bank holding company, is the State's seventh largest banking organization. Operating largely in the east-central and midwestern sections of the State, Branch has a total of 77 offices, including 1 approved but unopened branch. Citizens operates its two offices in the town of Warrenton, the county seat and trading center of Warren County. Located in central-northern North Carolina and characterized as a rural and pre dominantly agricultural area, Warren County had a 1970 population of 15,810, representing a 19.6 percent decrease from 1960. Effects of the proposed merger would be most immediate and direct in Citizens' local market, which consists of Warren County. Three commer cial banks have offices in this market, holding, on June 30, 1975, IPC deposits aggregating $20.3 million. With 68.8 percent of such deposits, C iti zens is the dominant bank in this market. Branch's nearest office is located in the Halifax County portion of the town of Littleton, which lies partly in Warren County, 16 road-miles east of Warrenton. The intervening area is sparsely popu lated and neither proponent appears to draw a significant amount of business from the market of the other. Although North Carolina law permits statewide de novo branching, there is very little potential for the development of competition in the future be tween the proponents. Citizens is being operated under the conservative policies of an aged manage ment and it is not likely to undertake office ex pansion. With a decreasing population and a 1974 median household buying level 34.6 percent below that of the State, Warren County would be un likely to attract Branch's de novo entry. Should Warren County become attractive for such entry, the State's largest banks would also be potential entrants. The proposed merger would not eliminate signi ficant existing or potential competition between Branch and Citizens, nor would it reduce the number of banking alternatives within the relevant market. Based on the foregoing, the Board of Directors is of the opinion that the proposed merg er would not, in any section of the country, sub stantially lessen competition, tend to create a monopoly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. The financial resources of both pro ponents are adequate. The managerial resources of Branch Bank are satisfactory. Future prospects of the resultant bank are favorable. Convenience and Needs o f the C om m unity to be Served. The merger would introduce at C iti zens' two offices the full range of banking and trust services of one of the State's major banks. An aggressive management, operating with a greatly increased credit capability, should improve the scope and quality of banking service in the Warren County market. On the basis of the foregoing information, the Board of Directors has concluded that approval of the application is warranted. B a n k in g o f f ic e s in o p e r a t io n R e s o u rc e s ( in th o u s a n d s o f d o lla r s ) B e fo r e A fte r 124,053 26 31 18,333 5 F irs t V ir g in ia B a n k o f T id e w a te r Norfolk, Virginia to merge w ith F irs t V ir g in ia B a n k o f th e Peninsula Poquoson Summary report by Attorney General, August 19, 1976 The merging banks are both wholly owned sub sidiaries of the same bank holding company. As BANK ABSORPTIONS APPROVED BY THE CORPORATION such, their proposed merger is essentially a cor porate reorganization and would have no effect on competition. Basis for Corporation approval, November 16, 1976 First Virginia Bank of Tidewater, Norfolk, V ir ginia ("Tidewater Bank” ), an insured State non m e m b e r b a n k w ith to ta l resources of $ 1 2 4 ,0 5 3 ,0 0 0 and to ta l IPC deposits of $102,393,000, has applied, pursuant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corporation's prior consent to merge with First Virginia Bank of the Peninsula, Poquoson, Virginia ("Peninsula Bank"), an insured State member bank with total resources of $ 1 8 ,3 3 3 ,0 0 0 and to ta l IPC d e p o sits of $12,845,000. The banks would merge under the charter and title of Tidewater Bank, and incident to the merger, the five offices of Peninsula Bank would be established as branches of the resultant bank. C om petition. This proposal is designed solely to provide a means by which First Virginia Bankshares Corporation, Falls Church, Virginia ("F irst Virginia” ), a registered bank holding company, may consolidate its operations in the Tidewater and Peninsula areas of Virginia. Both proponents have been controlled by First Virginia for the past 5 years and the proposal would not change the effective structure or concentration of resources of commercial banking in their relevant markets nor would there be any significant change in the bank ing services they presently provide. The Board of Directors is of the opinion that the proposed merger would not, in any section of the country, substantially lessen competition, tend to create a monopoly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. The proponents' financial and man agerial resources are considered adequate for pur poses of this proposal. The financial and man agerial resources of the resultant bank would be satisfactory and its future prospects appear to be favorable. Convenience and Needs o f the C om m unity to be Served. This proposal represents an internal re organization and no effect on the convenience and needs of the community is expected. On the basis of the foregoing information, the Board of Directors has concluded that approval of the application is war ranted. 95 R e s o u rc e s ( in th o u s a n d s o f d o lla r s ) Japan C a lifo rn ia B a n k B a n k in g o f f ic e s in o p e r a t io n B e fo r e A fte r 36,466 1 2 _ * 1 Los Angeles, California to purchase a portion o f the assets and assume liability to pay a portion o f the deposits o f B a n k o f M o n tre a l (C a lifo r n ia ) San Francisco Summary report by Attorney General, May 24, 1976 Japan California's closest office to the San Diego branch is 120 miles away. The proposed branch in San Jose is even farther away. The applicant bank presently has no accounts or customers in San Diego County nor do the two banks share any loans. Thus, there is no existing competition be tween the banks that would be eliminated. Potential competition is also not a problem in spite of California's lack of legal limitations on branching. The acquiring bank is very small in rela tion to California's high degree of concentration, and the bank it is acquiring has only .05 percent of the market in San Diego County which is clearly de minimus. Basis for Corporation approval, November 30, 1976 Japan California Bank, Los Angeles, California ("Japan California"), a State nonmember insured bank with total resources of $36,466,000 and total IPC deposits of $13,306,000 on December 31, 1975, has applied, pursuant to section 18(c) and other provisions of the Federal Deposit Insur ance Act, for the Corporation's prior consent to purchase a portion of the assets of and assume li ability to pay a portion of the deposits in Bank of Montreal (California), San Francisco, California, a State nonmember insured bank. Japan California also has applied for consent to establish Bank of M ontreal's Westgate Plaza branch ("Montreal branch"), with total deposits of $1,637,000 as of December 31, 1975, as a branch, increasing the number of its offices to two. C om petition. Japan California operates its one office in downtown Los Angeles and it is the 87th largest of California's commercial banks, holding 0.03 percent of their aggregate deposits. The Montreal branch operates in a trade area consisting of the city of San Diego. Within this area it is competing with 121 offices of 24 banks and it holds merely 0.1 percent of total deposits. Nine of the State's 10 largest banks are rep resented in this area and hold a total of 84.0 per cent of the area's commercial bank deposits. *Total resources statistics are not available on a branch basis. FEDERAL DEPOSIT INSURANCE CORPORATION 96 Japan California's only office is located approx imately 120 road-miles north of the Montreal branch and has no deposits in the San Diego area. California law permits statewide de novo branch ing; however, were such expansion to occur, no significant competition between the proponents would result in view of the fact that both are modest-sized operations in markets dominated by the State's major banks. For these reasons, it appears that the approval of this application would not eliminate significant existing or potential competition between the two proponents, nor would it affect the structure of commercial bank ing in any relevant area. The Board of Directors, therefore, has con cluded that the proposed transaction would not, in any section of the country, substantially lessen competition, tend to create a monopoly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. Each proponent has satisfactory finan cial and managerial resources and favorable future prospects, as would the resultant bank. Convenience and Needs o f the C om m unity to be Served. No significant enhancement of public convenience is likely to result from the proposal. Nine of the State's 10 largest banks are rep resented in Montreal branch's trade area. Expan sion of services to include Japan California's international banking services at the Montreal branch location would provide an additional alter native for such services in the relevant area. Based on the foregoing, the Board of Directors has concluded that approval of the application is warranted. Basis for Corporation approval, November 30, 1976 The First National Bank of Boston, Boston, Massachusetts ("F N B B "), a national banking asso ciation having total resources of $7,540,247,000, has applied, pursuant to section 18(c) of the Fed eral Deposit Insurance Act, for the Corporation's prior consent to acquire the assets and assume the liabilities of Boston Leasing, GmbH, Frankfurt, Federal Republic of Germany ("B L G "), a non insured indirect wholly owned subsidiary of FNBB. The proposed transaction is in effect a cor porate reorganization whose purpose is to change the legal form under which FNBB conducts its leasing business in the Frankfurt market. As a result of the merger, substantially all the assets and liabilities of BLG would be transferred to the ac counts of FNBB's Frankfurt branch. The trans action consummated, FNBB would carry on essen tially the same leasing business at its Frankfurt branch, in addition to the other services now of fered by that branch, as has heretofore been con ducted by BLG. C om petition. The proposed transaction would have no effect on either existing or potential com petition between FNBB and BLG or on the struc ture of commercial banking in any relevant area. Financial and Managerial Resources; Future Prospects. These factors are acceptable for both FNBB and BLG, and the potential tax benefits which would result from the new corporate struc ture should have a salutary effect. Convenience and Needs o f the C om m unity to be Served. The proposal would have no perceptible effect on the convenience and needs of any of FNBB's domestic markets or of the Frankfurt market. Based on the foregoing, the Board of Directors has concluded that approval of the application is warranted. B a n k in g o f f ic e s in o p e r a tio n R e s o u rc e s (in th o u s a n d s o f d o lla r s ) B e fo r e A fte r 7,540,247 42 42 T h e F irs t N a tio n a l B a n k o f B osto n G u a ra n te e B a n k Boston, Massachusetts B e fo r e A fte r 141,783 10 15 56,926 5 Atlantic City, New Jersey to acquire the assets and assume the deposit liabilities o f B oston Leasing, G m b H B a n k in g o f f ic e s in o p e r a t io n R e s o u rc e s ( in th o u s a nds o f d o lla r s ) to acquire the assets and assume the deposit liabilities of 18,386 - Frankfurt, Germany T h e F irs t N a tio n a l B a n k o f C ape M a y C o u r t H o use Cape May Court House Summary report by Attorney General, November 5, 1976 The banks are both wholly owned subsidiaries of the same bank holding company. As such, the proposed transaction is essentially a corporate reorganization and would have no effect on com petition. Summary report by Attorney General, August 20, 1976 Applicant currently operates nine offices in the Atlantic County market and a single office in adja cent Cumberland County. First National operates five offices in Lower and Middle Townships, Cape BANK ABSORPTIONS APPROVED BY THE CORPORATION May County. The main offices of the banks are separated by 29 miles and the closest branches are 20 miles apart. I t appears that the prop o se d merg er would not eliminate any significant amount of existing competition. New Jersey law permits de novo branching by commercial banks in any municipality in the State, but provides home office protection in municipal ities of less than 20,000. (As of January 1, 1977, the population requirement becomes 10,000.) Applicant is the second largest institution in Atlan tic County with 23.6 percent of total IPC deposits. First National, the dominant bank in its primary service area of Lower and Middle Townships, ranks third among all institutions in Cape May County. Applicant, which has recently opened a branch in Cumberland County, over 30 miles distant from its main office, is a likely de novo entrant into Cape May County absent the proposed acquisition. Furthermore, the proposed acquisition w ill fore close the possibility of entry by Applicant by means of a merger with one of the small banks in the area. The proposed acquisition would not eliminate any significant amount of existing competition. However, it would combine a likely entrant into the Cape May County area with the dominant institution serving the Middle and Lower Town ship market. Accordingly, the proposed merger would have an adverse effect on potential compe tition. Basis for Corporation approval, November 30, 1976 Guarantee Bank, Atlantic City, New Jersey, an insured State nonmember bank with total re sources of $141,783,000 and total IPC deposits of $112,292,000, has applied, pursuant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corporation's prior consent to acquire the assets of and assume the liability to pay deposits made in The First National Bank of Cape May Court House, Cape May Court House, New Jersey ("F N B "), with total resources of $ 5 6 ,9 2 6 ,0 0 0 and to ta l IPC d e p o sits of $42,680,000. The transaction would be effected under the charter and title of Guarantee Bank, and as an incident thereto, the 5 offices of FNB would become branches of Guarantee Bank which would then have a total of 15 offices. C om petition. Guarantee Bank operates nine offices in Atlantic County and one office in Cumberland County. Sixteen commercial banks with a total of 100 area offices serve these 2 coun ties. Guarantee Bank controls 14.0 percent, rep resenting the second largest share, of the total commercial bank deposits held in these two coun ties. FNB operates all five of its offices in Cape May County. Cape May County is bounded on the south and east by the Atlantic Ocean, on the west by the Delaware Bay, on the north by Atlantic 97 County, and on the northwest by Cumberland County. The county had a 1970 population of 59,554, representing a 22.7 percent increase from 1960, and a 1975 median household buying level of $10,551, which was 33.9 percent below the statewide median. Effects of this proposed merger would be most immediate and direct in FNB's local market, which consists of the lower townships and the southern portion of the middle townships of Cape May County, including the boroughs of Woodbine and Sea Isle City. The population of the market is approximately 45,000. The area is characterized as being a predominantly rural, residential area with a heavy concentration of seasonal dwellings and resort-oriented facilities. This market is currently served by 19 offices of 7 commercial banks. Guar antee Bank is not represented in this market. FNB holds 25.4 percent, or the second largest share, of the market's commercial bank IPC deposits. There fore, the proposed acquisition would neither elimi nate existing competition nor enhance concentra tion in the area, as Guarantee Bank would succeed to the market share held by FNB. New Jersey law permits statewide branching, subject to certain restrictions relating to home office protection. Although FNB does not have the managerial or financial resources to branch de novo into the highly competitive Atlantic City area in the foreseeable future, Guarantee Bank is a possible de novo entrant into the Cape May Coun ty area and would be able to establish branches both in FNB's service area and other areas of the county. Therefore, there is some potential for development of competition between the pro ponents. However, consummation o f the proposed transaction would remove home office protection in Middle Township, presently afforded FNB. Moreover, the elimination by this transaction of the potential for increased competition between the two banks is mitigated by the availability of many of the State's larger banks as potential en trants. Commercial banking in New Jersey is relatively unconcentrated. The two largest commercial banking organizations, each a multibank holding company with total IPC deposits in excess of $1.4 billion, have an aggregate of only 15.0 percent of the commercial bank IPC deposits in the State. Guarantee Bank has 0.6 percent of such deposits and the proposed acquisition would give the result ant bank only 0.8 percent. Neither of the partici pating banks is affiliated with a holding company, but many of the competitors of Guarantee Bank are so affiliated. The proposed acquisition would have no appreciable effect on the structure or deposit concentration of commercial banking in New Jersey. Under those circumstances, the Board of Direc tors is of the opinion that the proposed trans action would not, in any section of the country, FEDERAL DEPOSIT INSURANCE CORPORATION 98 substantially lessen competition, tend to create a monopoly, or in any other manner be in restraint of trade. It appears that the proposed acquisition is not likely to have an adverse effect upon competition. Financial and Managerial Resources; Future Prospects. Financial and managerial resources at Basis for Corporation approval, November 30, 1976 FNB are satisfactory and are adequate at Guar antee Bank. Financial and managerial resources at the resultant bank would be acceptable and its future prospects appear to be favorable. Convenience and Needs o f the C om m unity to be Served. The proposed transaction would have little effect on the convenience and needs of the local market. The resultant institution would offer no services that are not currently available from alternative sources in the relevant market. Based on the foregoing, the Board of Directors has concluded that approval of the application is warranted. R e s o u rc e s ( in th o u s a n d s o f d o lla r s ) B a n k in g o f f ic e s in o p e r a tio n B e fo r e A fte r 1,315,172 10 11 8,232 1 E rie C o u n ty Savings Bank Buffalo, New York to merge w ith O lean Savings and L oan A s s o c ia tio n Olean Summary report by Attorney General, August 19, 1976 Applicant operates 11 offices in and around Buffalo and had deposits on December 31, 1975, of $1,209 million. Savings has its only office in Olean, 70 miles southeast of Buffalo, and has also been authorized to open a branch in Arcade, 45 miles southeast of Buffalo. As of December 31, 1975, it had deposits of $7.2 m illion. There are no other savings and loans and no savings banks in Olean but there are eight commer cial banking offices, including four of Manufac turers Hanover. Applicant's offices are almost entirely w ithin Erie County, surrounding Buffalo; it has one branch in an adjoining county, opened last year. Savings' business comes from the areas surrounding Olean. In Applicant's area are 30 sav ings bank offices, 30 savings and loan offices, and 174 commercial bank offices, including many of the State's largest. Depositors in common for both organizations as of December 31, 1975, had total deposits at Applicant of $73,000 (0.006 percent of deposits) and at Savings of $46,000 (0.637 per cent of deposits). Applicant has three loans total ing $607,000 in Savings' area; Savings has no loans in Applicant's area. There are no borrowers who have loans at both institutions. Erie County Savings Bank, Buffalo, New York (“ Erie Savings"), an insured mutual savings bank with total resources of $1,315,172,000 and total deposits of $1,227,494,000, has applied, pursuant to section 18(c) and other provisions of the Fed eral Deposit Insurance Act, for the Corporation's prior consent to merge with Olean Savings and Loan Association, Olean, New York ("S & L "), a federally insured mutual savings and loan associa tion with total resources of $8,232,000 and total deposits of $7,260,000. The institutions would merge under the charter and title of Erie Savings, and as an incident to the merger, the 2 approved offices of S&L would become branches of the resultant bank, increasing the number of its full service offices to 13. C om petition. Erie Savings is headquartered in Buffalo and operates 10 full service branches, with all but 1 located in Erie County. That branch is located in Jamestown, Chautauqua County. Erie Savings is the second largest th rift institution in Erie County with 32.5 percent of the total de posits held by area offices of three mutual savings banks (deposits as of June 30, 1975) and seven savings and loan association offices (deposits as of March 31, 1976). It is also the 13th largest th rift institution in the State of New York with 1.6 per cent of the State's total deposits. No change in these market positions would be effected as a re sult of this proposed merger. S&L operates its sole office in Olean (popu lation 19,169), Cattaraugus County, which is lo cated 70 miles southeast of Buffalo and 55 miles east of Jamestown, the location of Erie Savings' nearest office. The area principally affected by this merger is the city of Olean and its immediate environs, in cluding the towns of Allegany and Portville. This market has an estimated population of 33,000. Olean is the center of commercial and retail activ ity in southeastern Cattaraugus County. Catta raugus County had a 1975 median buying level of $10,896, which was approximately 20.2 percent below the State median level of $13,649. A t pres ent there are 10 offices of 4 commercial banks located in the relevant market area. These banks controlled 92.2 percent of the market's aggregate IPC time and savings deposits as of June 30, 1975. S&L is the only th rift institution represented in the market, and it held merely 7.8 percent of the market's IPC time and savings deposits. In view of the distance between the proponents' closest of fices, there is no significant existing competition between them. Moreover, the proposed merger would not change the local market structure, but would merely allow Erie Savings to succeed to the deposits now held by S&L. BANK ABSORPTIONS APPROVED BY THE CORPORATION There is little potential for the development of significant competition between the proponents in the future through their de novo branching. S&L has operated as a unit institution for over 80 years and it has neither the financial nor the managerial resources to expand in this manner.* Mutual sav ings banks in New York are permitted only one de novo branch per year. Due to this lim itation, Erie Savings is likely to prefer more economically vi able areas than Olean in which to branch. Under the circumstances presented, the Board of Directors is of the opinion that the proposed merger would not, in any section of the country, substantially lessen competition, tend to create a monopoly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. Erie Savings has, and the resultant bank w o u ld have, adequate financial and man agerial resources and favorable future prospects. S&L has experienced a declining trend in net earn ings due to an imbalanced deposit structure and accompanying high cost of time money, a situa tion which would be remedied by this merger pro posal. Convenience and Needs o f the C om m unity to be Served. Customers of S&L and other area resi dents would benefit from the full range of savings bank services offered by the resultant bank, in cluding savings bank life insurance, free checking, and more favorable interest rates. Based on the foregoing, the Board of Directors has concluded that approval of the application is warranted. R e s o u rc e s ( in th o u s a n d s o f d o lla r s ) B a n k in g o f f ic e s in o p e r a tio n B e fo r e A fte r 1,303,046 10 14 392,189 4 T h e M a n h a tta n Savings B ank New York, New York to merge w ith Y o n k e rs Savings B a n k Yonkers Summary report by Attorney General, October 28, 1976 Applicant, the ninth largest mutual savings bank in New York County, has its main office and six branches in New York City and three other branches in Westchester County. On June 30, 1976, Applicant had total deposits of $1,200.3 m illion (including IPC time and savings deposits of *S & L has received approval to establish a branch in Arcade, Wyoming County; however, the branch's estab lishment is conditioned upon the consummation of this merger transaction. 99 $1,187.8 m illion), and held real estate loans total ing $884.9 million. Bank operates four offices in the city of Yonkers in Westchester County and is the largest mutual savings bank headquartered in the county. On June 30, 1976, Bank had total deposits of $356.5 million (including IPC time and savings deposits of $356.1 m illion), and held real estate loans totaling $125.1 m illion. A review of Bank's balance sheets for selected prior years shows that the investment portfolio has usually been larger than the real estate mortgage loan portfolio. Westchester County, located in the northern sector of the New York metropolitan area, is a suburban area with a 1970 population of 894,409. Approximately one-third of employed county resi dents commute to work outside the county, primarily to New York City. There is also substan tial commutation to the county; in 1970, approxi mately 71,000 nonresidents were employed in Westchester County. Applicant operates two offices in Mount Kisco, in the northern portion of the county, and one in Eastchester, in the southeast portion of the coun ty. All four of Bank's offices are located in the city of Yonkers, in the southwest portion of the county. The closest offices of both banks are 3.26 miles apart, and all Bank's offices are within approximately 6 miles of Applicant's Eastchester office. According to the application, the service areas of Applicant's Eastchester office and. Bank's offices overlap to a substantial extent. Twenty-one savings banks operating in West chester County (an area which may overstate the market) held total county savings deposits of $2.6 billion as of June 30, 1975. As of the same date, 18 savings and loan associations operating in the county held total county savings of $919.2 m il lion. (As of June 30, 1975, the 15 commercial banks operating in Westchester County held $1.5 billion of county IPC time and savings deposits.) On June 30, 1975, Applicant, seventh largest of the 39 th rift institutions in total county savings deposits, held $141.7 million of county savings deposits, 4 percent of total county th rift institu tion savings deposits. As of June 30, 1975, Bank, the largest Westchester County-headquartered th rift institution, held $328 million in total coun ty deposits which constituted 9.4 percent of total county th rift institution savings deposits. The four largest th rift institutions in Westchester County held 34.7 percent of total county savings deposits held by all th rift institutions operating in the county. If the proposed merger were consum mated, the resulting bank would be the largest th rift institution in the county, accounting for 13.4 percent of total county savings deposits held by the th rift institutions operating there. The share of county savings deposits held by the top four th rift institutions would increase from 34.7 per cent to 38.7 percent. 100 FEDERAL DEPOSIT INSURANCE CORPORATION The proposed merger would eliminate substan tial existing competition between the merging parties, and would increase concentration among Westchester County th rift institutions. However, Bank's preference for investing a larger share of its deposits in securities rather than in real estate mortgages means that it has not competed as actively as it should. Furthermore, the increase in concentration may be substantially offset by the commuting habits of Westchester County residents referred to above, and by the presence of large and numerous th rift institutions located in New York City, some of which also have branches in the county. We conclude that, overall, the proposed merger would have an adverse effect on competition. Basis for Corporation approval, November 30, 1976 The Manhattan Savings Bank, New York (Manhattan), New York ("Manhattan Savings"), an insured mutual savings bank with total re sources of $1,303,046,000 and total deposits of $1,200,337,000 as of June 30, 1976, has applied, pursuant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Cor poration's prior consent to merge with Yonkers Savings Bank, Yonkers, New York ("Yonkers Sav ings"), an insured mutual savings bank having, on June 30, 1976, total resources of $392,189,000 and total deposits of $356,454,000. The 2 banks would merge under the charter and title of M an hattan Savings, and incident to the merger, the 4 offices of Yonkers Savings would be established as branches of the resultant bank, increasing to 16 the number of its approved offices. C om petition. Yonkers Savings operates all four of its offices w ithin the city of Yonkers in West chester County. Manhattan Savings presently operates a total of 10 offices: its main office and 5 branches in Man hattan, 1 branch in Queens, and 3 branches in Westchester County. Two additional branches, to be established in Manhattan, have been approved. Two of Manhattan Savings' three Westchester County branches are located in Mount Kisco, approximately 21 road-miles north of the city of Yonkers. The third branch is located in Eastchester, 3.9 miles southeast of Yonkers Savings' Northeast branch. Manhattan Savings draws the bulk of its de posits from the boroughs of Manhattan and Queens and Westchester County. Yonkers Savings draws more than 95.0 percent of its deposits from Yonkers and other nearby communities in West chester County. Westchester County is situated immediately north of New York City. The county had a 1970 population of 894,104, representing a 10.5 per cent increase from 1960, and a 1975 median household buying level of $18,564, which was approximately 36.0 percent higher than the state wide median. Yonkers Savings held 9.3 percent, representing the largest share, of the deposits held by offices of the 23 mutual savings banks and 18 federally insured savings and loan associations operating in the county. Manhattan Savings has the eighth largest share, 4.0 percent, of these de posits. Therefore, existing competition between the proponents would be eliminated as a result of this merger. However, due to the location of West chester County, many of its residents commute to New York City for employment. Manhattan Sav ings held 2.2 percent, the 14th largest share, of the deposits held by offices of the 54 mutual savings banks and 61 federally insured savings and loan associations operating within this larger area con sisting of New York City and Westchester County. Yonkers Savings held merely 0.7 percent of the deposits. In view of these modest market shares, the resulting elimination of existing competition would not be significant. New York law limts de novo expansion by a mutual savings bank to one branch each year. This lim itation effectively restricts the development of significant competition between Manhattan Sav ings and Yonkers Savings. Manhattan Savings is the 18th largest of the New York th rift institutions, holding approxi mately 1.4 percent of their aggregate deposits. The resultant bank, with some 1.9 percent of such de posits, would become the 11th largest th rift insti tution in the State. The Board of Directors is of the opinion that the proposed merger would not, in any section of the country, substantially lessen competition, tend to create a monopoly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. Both proponents have satisfactory financial and managerial resources, as would the resultant bank. Future prospects of the resultant bank appear favorable. Convenience and Needs o f the C om m unity to be Served. The proposed transaction would have little effect on the convenience and needs of the community. The resulting institution would offer no services that are not currently available from alternative sources in the relevant area. Based on the foregoing, the Board of Directors has concluded that approval of the application is warranted. BANK ABSORPTIONS APPROVED BY THE CORPORATION R e s o u rc e s (in th o u ss n ds o f d o lla r s ) B a n k in g o f f ic e s in o p e r a tio n B e fo r e A fte r 20,205 3 4 9,584 1 C itize n s S ta te B a n k o f N e w Jersey Lacey Township, New Jersey to acquire the assets and assume the deposit liabilities of A t la n t ic S ta te B a n k Point Pleasant Summary report by Attorney General, October 18, 1976 Applicant's main office is located 21.4 miles south of Bank, and its two other offices are lo cated approximately 27 miles and 36 miles south of Bank. According to the application, Bank holds no deposits or loans originating in Applicant's serv ice area, Applicant holds only a negligible amount of deposits and loans originating in Bank's service area, and there are only a small number of cus tomers who have deposit or loan accounts at both banks. Therefore, it appears that the proposed acquisition will not eliminate any significant exist ing competition. Both banks are among the smaller institutions operating in Ocean County. As of June 30, 1975, Applicant held approximately 2 percent of the total deposits in the county and Bank held less than 1 percent. Bank is the smallest of the four banks operating in its immediate service area; as of June 30, 1976, it accounted for 4.3 percent of the total deposits in that area. Under New Jersey law, Applicant could be per mitted to branch de novo into Bank's service area. However, in view of the relative sizes of Applicant and Bank, and Bank's present condition, the pro posed acquisition will not have any significant effect on potential competition. In sum, the proposed acquisition will not elimi nate either actual or potential competition to any significant degree. Basis for Corporation approval, December 16, 1976 Citizens State Bank of New Jersey, Lacey Township (P. 0 . Forked River), New Jersey (“ C iti zens” ), a State nonmember insured bank with total resources of $20,205,000 and total IPC de posits of $17,127,000, has applied, pursuant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corporation's prior consent to acquire the assets of and assume the liability to pay deposits made in Atlantic State Bank, Point Pleasant, New Jersey ("A tla n tic"), a State nonmember insured bank with total re sources of $9,584,000 and total IPC deposits of $5,635,000. The resultant bank would be operated under the charter and title of Citizens, and as an 101 incident to the acquisition, the sole office of Atlantic would become a branch of Citizens, which would then have a total of four offices. C om petition. Both of the proponents operate in Ocean County, which is located in central New Jersey along the Atlantic Ocean. Ocean County experienced a construction and population boom during the 1960s and early 1970s. Between 1960 and 1970, the county's population nearly doubled, increasing from 108,241 to 208,470. The 1975 median household buying level for the county was $ 1 2 ,4 7 1 , compared to a statewide level of $15,971. Citizens' service area is defined as the south eastern, coastal portion of Ocean County, extend ing as far north as Toms River and as far south as Little Egg Harbor. Eight commercial banks operate a total of 29 offices in this area. Citizens' holds 6.4 percent, the fourth largest share, of the commer cial bank IPC deposits held in the market. Atlantic does not operate in the market. Three banks, hold ing 86.4 percent of the IPC deposits, dominate the market, with the largest, The First National Bank of Toms River, Toms River, New Jersey, control ling 52.9 percent. Atlantic's service area consists of the north eastern tip of Ocean County and the southernmost portion of adjacent Monmouth County. Atlantic holds the smallest share, 1.3 percent, of the com mercial bank IPC deposits held by the nine commercial banks operating in this area. Citizens has no offices in this market. Citizens' and Atlantic's closest offices are approximately 21 road-miles apart and there are many alternative commercial banking offices lo cated in the intervening area. The business gener ated by Citizens and Atlantic from areas served primarily by the other is nominal and their service areas are separate and distinct. The proposed acquisition, therefore, would not eliminate any significant existing competition between the pro ponents. New Jersey law permits statewide de novo branching, subject to certain restrictions relating to home office protection. As of January 1, 1977, Citizens would be able to branch de novo into Point Pleasant, as well as into other communities located in Atlantic's service area*This area is al ready adequately banked, however, and it is doubtful that Citizens would branch into it in the near future. Moreover, acquisition of Atlantic's mere 1.3 percent market share is insignificant and it is the practical equivalent of the establishment of a de novo branch by Citizens. For Atlantic's ^Currently, New Jersey commercial banks may not estab lish de novo branches in communities that contain both fewer than 20,000 residents and the main office of another bank, thereby precluding Citizens' de novo entry into Point Pleasant. However, beginning January 1, 1977, this restriction w ill be lim ited to communities having fewer than 10,000 residents, and as a result. C iti zens would be able to branch into Point Pleasant. FEDERAL DEPOSIT INSURANCE CORPORATION 102 part, it lacks the financial and managerial resources to engage in any meaningful de novo branching. Therefore, the proposed acquisition of Atlantic by Citizens would not eliminate any significant poten tial for competition to develop in the future. Based on the foregoing, the Board of Directors is of the opinion that the proposed merger would not, in any section of the country, substantially lessen competition, tend to create a monopoly, or in any manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. Both Citizens' and Atlantic's financial and managerial resources are adequate for pur poses of this proposal. Financial and managerial resources of the resultant bank would be accept able and its future prospects appear to be favor able. Convenience and Needs o f the C om m unity to be Served. The proposed transaction would have little effect on the convenience and needs of any market. The resultant institution would offer no services that are not currently available from alter native sources in the relevant areas. The Board of Directors, considering the fore going information, has concluded that approval of the application is warranted. W est B a n k and T ru s t B a n k in g o f f ic e s in o p e r a t io n R e s o u rc e s ( in th o u s a n d s o f d o lla r s ) B e fo r e A fte r 103,222 3 4 6,034 1 Green Bay, Wisconsin to acquire the assets and assume the deposit liabilities of T h e Farm ers and Trad e rs B ank Wrightstown Summary report by Attorney General, December 30, 1976 We have reviewed this proposed transaction and conclude that it would not have a substantial competitive impact. Basis for Corporation approval, December 16, 1976 West Bank and Trust, Green Bay, Wisconsin ("West Bank"), a State nonmember insured bank with total resources of $103,222,000 and total IPC deposits of $74,986,000, has applied, pur suant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corpora tion's prior consent to acquire the assets of and assume liability to pay deposits made in The Farmers and Traders Bank, Wrightstown, Wiscon sin ("Farmers"), a State nonmember insured bank, with total resources of $6,034,000 and total IPC deposits of $4,900,000, and for consent to estab lish the sole office of Farmers as a branch. C om petition. West Bank operates its main of fice in downtown Green Bay and two branches in the western suburbs of that city. West Bank is owned by United Bankshares, Inc., Green Bay, Wisconsin ("Bankshares"), a holding company whose only other banking subsidiary is East Bank, Green Bay, Wisconsin. Farmers operates its sole office in Wrightstown, which is located approximately 17 miles southwest of Green Bay. The city of Green Bay is located in northcentral Brown County, which is in northeastern Wisconsin about 100 miles north of Milwaukee. The village of Wrightstown is in southwestern Brown County. Green Bay is an industrial com munity whose principal products are paper, paper products, and machinery. The surrounding area in the county, however, is agricultural, with dairy farming predominating. The 1975 median house hold buying level for Brown County was $13,675, some 3.3 percent above the State figure of $13,232. The proposed transaction would have its most immediate competitive impact in Farmers' local market, which consists of that area within 10 road-miles of Wrightstown. There are four banking offices in this market, each operated by a different bank. Farmers has the third largest share, 13.2 per cent, of the market's IPC deposits. Neither West Bank nor its affiliate, East Bank, operates in this market. The proponents' closest offices are located 17 road-miles apart. West Bank's affiliate, East Bank, has its office approximately 15 miles from Wrightstown. In both instances, the intervening area contains a number of offices of competing banks, including affiliates of some of the State's largest holding companies. Thus, the proposed transaction would neither eliminate existing com petition nor enhance concentration in any relevant area. The potential for competition to develop be tween West Bank and Farmers through de novo branching appears to be remote. Wisconsin's re strictive branching law precludes West Bank from branching into Wrightstown, and Farmers has neither the financial nor the managerial resources to expand in this manner. Bankshares is one of the smaller holding com panies in Wisconsin, holding only 0.6 percent of total statewide deposits. Consummation of the proposed transaction would have no perceptible effect on this percentage. Under these circumstances, the Board of Direc tors is of the opinion that the proposed trans action would not, in any section of the country, substantially lessen competition, tend to create a monopoly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. The financial and managerial resources BANK ABSORPTIONS APPROVED BY THE CORPORATION of West Bank are satisfactory and its future pros pects are favorable. Farmers has experienced asset and capital problems which the proposed trans action would resolve. Financial and managerial resources at the resultant bank would be satis factory and its future prospects would be favor able. Convenience and Needs o f the C om m unity to 103 be Served. As a result of the proposed transaction, new banking services, such as trust services, data processing services, and leasing services, as well as a much larger lending lim it, would be available to Farmers' customers. Based on the foregoing information, the Board of Directors has concluded that approval of the application is warranted. APPROVALS OF BANK ABSORPTIONS PREVIOUSLY DENIED BY THE CORPORATION R e s o u rc e s ( in th o u s a n d s o f d o lla r s ) M o n a d n o c k N a tio n a l B a n k B a n k in g o f f ic e s in o p e r a tio n B e fo r e 4,724 1 20,978 1 A fte r 1 Jaffrey, New Hampshire (change title to The Monadnock Bank) to acquire the assets and assume the deposit liabilities o f M o n a d n o c k Savings B a n k Jaffrey Statement upon reconsideration, July 6, 1976 Monadnock National Bank, Jaffrey, New Hamp shire, w ith total resources of $4,724,000 and total IPC deposits of $3,195,000, applied, pursuant to section 18(c) and other provisions of the Federal Deposit Insurance Act, for the Corporation's prior consent to acquire the assets of and assume the li ability to pay deposits made in Monadnock Savings Bank, Jaffrey, New Hampshire, an insured mutual savings bank having total resources of $20,978,000 and total IPC deposits of $18,862,000. It was in tended that, incident to the proposed transaction, the 4,000 par $5 shares of common stock of Monad nock National Bank owned by Monadnock Savings Bank would be retired. It was further intended that Monadnock National Bank, prior to consummation of the proposed transaction, would convert to a State nonmember insured bank under the title "The Monadnock Bank" and that the resulting bank would operate from the sole location where the two banks share quarters. On June 30, 1975, the applica tio n was denied.* Subsequently, Monadnock National Bank requested the Corporation to recon sider its denial and submitted additional material in support of its request. During processing of this request, the Corporation's reason for denial of the original application became m oot.** Accordingly, after an analysis of the relevant factors contained in the Bank Merger Act, the Corporation has con cluded that the application should be approved. C om petition. Monadnock National Bank and Monadnock Savings Bank share a single lobby and various overhead and operating expenses. In addi tion, the two banks had some interlocking of direc tors, trustees, and officers prior to July 1, 1975, when State legislation which prohibited such inter locks became effective. Realignment of manage ment personnel has taken place to comply with the law, but this reorganization proposal was initiated as the ultimate solution. The town of Jaffrey had a 1970 population of 3,353 and is located in the southeastern portion of Cheshire County, which is the extreme southwest ern corner of New Hampshire and borders on Vermont and Massachusetts. The two banks appear to draw their business from an area w ithin 10 to 12 miles of Jaffrey, including Peterborough, New Hampshire, and Winchendon, Massachusetts. The population of this area is estimated at 23,000 and is largely rural but has some industry. The service area experienced good growth during the 1960s, but the rate of growth is reported to be slowing. Five commercial banks, 5 mutual savings banks, and 1 cooperative bank serve this local banking mar ket with a total of 13 offices. Monadnock National Bank holds 19.6 percent of the market's IPC de mand deposits (or $2.9 million out of a total of $14.6 million), and Monadnock Savings Bank holds 14.9 percent of the IPC time and savings deposits (or $18.4 million out of a total of $123.7 million). In terms of total deposits of $140.4 million in the mar ket, both banks combined would control 15.5 per cent, ranking a distant second to the 43.2 percent held by Peterborough Savings Bank and about on a par with the 15.1 percent held by Winchendon Sav ings Bank. The proposed transaction would give permanence to the combined 15.5 percent share of total deposits in the local market, but this would not significantly affect the competitive delivery of *See Basis fo r Corporation Denial, 1975 F D IC Annual Report, pp. 121-123. **Section 18(c)(10) of the Federal Deposit Insurance Act, 12 U.S.C. section 1828(c)(10), which, w ith certain exceptions, prohibited FDIC approval o f any merger that would involve conversion from a mutual to a stock form expired on June 30, 1976. 104 FEDERAL DEPOSIT INSURANCE CORPORATION financial services to its residents. Monadnock National Bank and Monad nock Sav ings Bank have chosen not to compete for the same banking business. Consequently, there is currently no overlapping of their services, and for many years they have operated as complementary entities. Although the management interlocks have been eliminated, this arrangement is continuing in antic ipation of consummation of the proposed trans action. However, there is the possibility that compe tition could arise between the two banks in the future if either or both would become part of a different banking organization or if each were to go its own way. Although the economy of the service area is reasonably viable, this does not appear to be a very realistic prospect. It is questionable whether the market has the near-term potential to support what would in effect be a new competitor vying for segments of the existing banking business. Further more, even if the proposed transaction is approved, the 23,000 persons in the trade area would still have 5 commercial banks, 4 mutual savings banks, and 1 cooperative bank from which to choose. This would appear to provide fu lly adequate alternatives for the variety of commercial and th rift institution services. Therefore, the proposed transaction would elimi nate no existing competition between Monadnock National Bank and Monadnock Savings Bank, but would eliminate an insignificant amount of poten tial competition between them. In view of the foregoing, the Board of Directors is of the opinion that the proposed transaction would not, in any section of the country, substantially lessen competition, tend to create a monopoly, or in any other manner be in restraint of trade. Financial and Managerial Resources; Future Prospects. Monadnock National Bank and Monad nock Savings Bank have adequate financial re sources, and the proposed transaction would restore the full managerial resources to the resulting bank that each shared prior to the elimination of manage ment interlocks. Initially there may be a reduction in the resulting bank's savings and time accounts since by regulation it would not be able to pay the maximum rates of interest allowed mutual savings banks on similar accounts. However, the deposit attrition may be slight in view of the interest that present depositors of Monadnock Savings Bank would have, as share holders, in the success of the resulting bank. The future prospects of the resulting bank are con sidered satisfactory. Convenience and Needs o f the C om m unity to be Served. The proposed transaction would have little effect on the convenience and needs of the Monad nock market. The resulting bank would not offer any services not presently available in the market, but its increased legal lending lim it would enable it to make larger commercial loans, thereby benefiting the local economy. Based on the foregoing, the Board of Directors has concluded that approval of the application is warranted, contingent upon Monadnock National Bank's conversion to the status of a State non member insured bank. R e s o u rc e s ( in th o u s a n d s o f d o lla r s ) C h ester B a n k B a n k in g o f f ic e s in o p e r a tio n B e fo r e 4,661 1 18,625 1 A fte r 1 Chester, Connecticut to acquire the assets and assume the deposit liabilities o f C h ester Savings B a n k Chester Statement upon reconsideration, July 16, 1976 Chester Bank, Chester, Connecticut, an insured State nonmember bank with total resources of $4,661,000 and total IPC deposits of $3,512,000, applied, pursuant to section 18(c) and other pro visions of the Federal Deposit Insurance Act, for the Corporation's prior consent to acquire the assets of and assume the liability to pay deposits made in Chester Savings Bank, Chester, Connecticut, an insured mutual savings bank having total resources o f $ 1 8 ,6 2 5 ,0 0 0 and total IPC deposits of $17,205,000. It was intended that the resulting bank would operate from the sole location in which the two banks presently share quarters. On June 30, 1975, the application was denied on the grounds that approval was precluded by section 18(c)(10) of the Federal Deposit Insurance Act, 12 U.S.C. sec tion 1828(c)(10), which, with certain exceptions, prohibited FDIC approval of any application that would involve conversion from a mutual to a stock form of organization.* That prohibition expired on June 30, 1976. Upon request, the Corporation has reconsidered the application and, based on an analysis of the relevant factors contained in the Bank Merger Act, has concluded that the applica tion should be approved. C om petition. Chester Savings Bank has operated one office ever since its establishment in 1871 in the town of Chester, Middlesex County, in southern Connecticut. Chester Bank was organized in 1914 by individuals connected with Chester Savings Bank. Through the ensuing years, the two banks have been under essentially the same management, sharing a common lobby at their sole location. The operations of the two banks have been comple mentary, thereby providing a broad range of services for Chester and its vicinity. A t year-end 1975, Chester Savings Bank ranked as the 65th largest o f the 67 Connecticut mutual savings banks with 0.19 *See Basis fo r Corporation Denial, 1975 F D IC Annual Report , pp. 119-121. BANK ABSORPTIONS APPROVED BY THE CORPORATION percent of their aggregate deposits; Chester Bank was 68th largest of the State's 71 commercial banks, with 0.05 percent of their total deposits. The most appropriate geographic area in which to assess the competitive effects of the proposed transaction would be the town of Chester and the surrounding towns within a radius of approximately 10 road-miles, this being a segment of southeastern Middlesex County and the town of Lyme in adja cent New London County. Chester is located 31 road-miles south of Hartford, the capital and largest city in the State, and a similar distance east of New Haven. The local market is largely residential and rural. Its population approximated 26,300 in 1970, having increased about 30 percent during the 1960s, in contrast to the statewide increase of 19.6 percent. Middlesex County's 1974 median household buying level of $14,518 closely approximated that of the State. The Chester banking market is served by six commercial banks and six mutual savings banks. Chester Bank has 12.8 percent of the$26.6-million IPC deposits held by the seven area offices of these commercial banks; Chester Savings Bank has 22.4 percent of the $74.6-million deposits held by the six area offices of the savings banks. The resulting bank would control 19.9 percent of the total I PC deposits in the market, representing the second largest share within the market. There is no significant competition between the proponents. These banks enjoy a unique exception to the Connecticut statute which prohibits inter locking directorates of financial institutions. In view o f th e ir current common management, there appears to be no potential for competition to in crease between them. 105 Chester is currently closed to de novo expansion by outside banks as a result of Connecticut's home office protection law. Consummation of this pro posal would result in the abandonment by Chester Savings Bank of its charter, thereby permitting branching into Chester by other savings banks. In view of the foregoing, the Board of Directors is of the opinion that the proposed transaction would not, in any section of the country, substantially lessen competition, tend to create a monopoly, or in any other manner be in restraint of trade. Financial and Managerial Resources: Future Prospects. Chester Bank and Chester Savings Bank have satisfactory financial and managerial resources under their present operational arrangement, as would the resulting bank. Initially there may be a reduction in the resulting bank's savings and time accounts since by regulation it would not be able to pay the maximum rates of interest allowed mutual savings banks on similar accounts. However, the deposit attrition may be slight in view of the interest that present depositors of Chester Savings Bank would have, as stock holders, in the success of the resulting bank. The future prospects of the resulting bank are con sidered satisfactory. Convenience and Needs o f the C om m unity to be Served. The proposed transaction would have little effect on the convenience and needs of the Chester market. The resulting bank would offer no services that are not presently offered by the proponents, but its increased legal lending lim it would enable it to make larger commercial loans. Based on the foregoing, the Board of Directors has concluded that approval of the application is warranted. FEDERAL DEPOSIT INSURANCE CORPORATION 106 Merger transactions were involved in the acqui sitions of banks by holding companies in the fo l lowing approvals in 1976. In each instance, the Attorney General's report stated that the proposed transaction would have no effect on competition. The Corporation's basis for approval in each case stated that the proposed transaction would not, per se, change the competitive structure of bank ing, nor affect the banking services that the (oper ating) bank has provided in the past, and that all other factors required to be considered pertinent to the application were favorably resolved. Tuscaloosa C ounty Bank, Tuscaloosa, Alabama, in organization; offices: 0; resources: 100($000); to merge with and change title to Peoples Bank o f Tuscaloosa, Tuscaloosa; offices: 1; resources: 7,462($000). Approved: January 23. E tow ah C ounty Bank, Gadsden, Alabama, in organization; offices: 0 ; resources: 100($000); to merge with and change title to Gadsden M all Bank, Gadsden; offices: 2; resources: 6,022($000). Ap proved : January 28. F irs t N ational Bank & Trust Company o f M id land (upon conversion to a State-chartered institu tion w ith the title F irs t M idland Bank & Trust Company), Midland, Michigan; offices: 5; re sources: 61,175($000); to consolidate with F irst M B T Bank, Midland, in organization; offices: 0; resources: 120($000). Approved: March 29. S econd S treet Bank and Trust Company, Harrisburg, Pennsylvania, in organization; offices: 0; resources: 512($000); to merge with Dauphin Deposit Trust Company (change title to Dauphin D eposit Bank and Trust Company), Harrisburg; offices: 32; resources: 444,921 ($000). Approved: April 12. The Savings D eposit Bank Company, Medina, Ohio; offices: 2; resources: 20,652($000); to merge with SDB Bank, Medina, in organization; offices: 0; resources: 647($000). Approved: April 16. Galleria New Bank, Houston, Texas, in organ ization; offices: 0 ; resources: 200($000);to merge with and change title to Galleria Bank, Houston; offices: 2; resources: 39,894($000). Approved: April 21. 1st & Devine State Bank, Groveton, Texas, in organization; offices: 0; resources: 50($000); to merge with and change title to F irs t Bank in G r o v e to n , G ro v e to n ; offices: 1; resources: 12,189($000). Approved: August 30. F irs t and Townsend State Bank, Lufkin, Texas, in organization; offices: 0; resources: 75($000); to merge with and change title to F irst Bank & Trust, Lufkin; offices: 1; resources: 74,865($000). Ap proved : August 30. The Comm ercial Savings Bank, Adrian, Mich igan; offices: 4; resources: 66,200($000); to con solidate with CSB State Bank (change title to Commercial Savings Bank), Adrian, in organiza tion; offices: 0; resources: 120($000). Approved: October 28. C o nstitution Bank and Trust Company, Hart fo rd , C o n n e c tic u t; o ffic e s : 6 ; resources: 35,356($000); to merge with The C olonial Bank and Trust Company o f H artford , Hartford, in organization; offices: 0; resources: 4,697($000). Approved: November 3. M e trop olitan Bank & Trust Company, Bridge p o rt, C o n n e c tic u t; o ffic e s : 1; resources: 13,023($000); to merge with U nion Trust Com pany o f Bridgeport, Inc. (change title to Union Trust Company o f B ridge port ), Bridgeport, in organization; offices: 0; resources: 3,000($000). Approved: November 29. Garland Commerce Bank, Garland, Texas, in organization; offices: 0 ; resources: 200($000); to merge with and change title to Southern Bank and Trust Company, Garland; offices 1; resources: 21,138($000). A p p ro v e d : N o ve m b e r 17. G ladwin C oun ty Bank, Beaverton, Michigan; offices: 2 ; resources: 15,720($000); to consolidate with CFC Bank, Beaverton, in organization; of fices: 0; resources: 120($000). Approved: Novem ber 23. BN Bank o f N o rth fie ld , Northfield, Illinois, in organization; offices: 0 ; resources: 88($000); to merge with and change title to Bank o f N orth fie ld , Northfield; offices: 1; resources: 20,795($000). Approved: November 29. Western State Bank, Howard City, Michigan; offices: 3; resources: 14,092($000); to consolidate with WSB Bank, Howard City, in organization; of fices: 0; resources: 120($000). Approved: Novem ber 29. C om m unity State Bank o f Dowagiac, Dow agiac, M ic h ig a n ; o ffic e s : 2; resources: 17,098($000); to consolidate with DSB Bank, Dowagiac, in organization; offices: 0; resources: 120($000). Approved: November 30. The Peoples State Bank o f Caro, Michigan, C a r o , M ic h ig a n ; o ffic e s : 2; resources: 24,415($000); to consolidate with P.S.B. State Bank, Caro, in organization; offices: 0; resources: 120($000). Approved: December 23. 107 BANK ABSORPTION DENIED BY THE CORPORATION R e s o u rc e s ( in th o u s a n d s o f d o lla r s ) S ta te B a n k o f S tan d ish B a n k in g o f f ic e s in o p e r a t io n B e fo r e A f t e r 36,424 3 8,158 1 4 Standish, Michigan to acquire the assets and assume the deposit liabilities o f T h e A u G res S ta te B a n k Au Gres Summary report by Attorney General, December 8, 1975 Applicant and Bank are the only banks in Arenac County and are located 15 miles apart. The service areas of the banks overlap and it appears that Appli cant is a substantial factor in the service area of Bank. Consequently, the proposed merger would eliminate a substantial amount of competition and would give Applicant a monopoly position. In conclusion, the proposed merger would appear to have significant adverse competitive ef fects, albeit in a very small market. Basis for Corporation denial, March 15, 1976 State Bank of Standish, Standish, Michigan ("Standish Bank” ), a State nonmember insured bank with total resources of $36,424,000 and total IPC deposits of $28,262,000, has applied, pursuant to section 18(c) and other provisions of the Federal Deposit Insurance Act for the Cor poration's prior consent to acquire the assets of and assume the liability to pay deposits made in The Au Gres State Bank, Au Gres, Michigan ("A u Gres Bank"), also a State nonmember insured bank, having total resources of $8,158,000 and total IPC deposits of $6,246,000, the transaction to be effected under the charter and with the title of Standish Bank. The sole office of Au Gres Bank would be established as a branch of the resulting bank. Consent has also been requested to issue subordinated capital notes as an addition to result ing bank's capital structure and to retire these notes at m aturity, seven years after date of issue. These notes constitute part of the consideration being offered to shareholders of Au Gres Bank. C om petition. Standish Bank has its main office and a drive-in facility in Standish (population 1,184), the county seat of Arenac County, which borders Saginaw Bay north of Bay City in eastcentral Michigan. Standish Bank also has a branch at Skidmore Lake in Mills Township, Ogemaw County, 20 road-miles north of its main office. At year-end 1974, Standish Bank was 129th largest of the commercial banks in the State of Michigan, with 0.1 percent of their total deposits. Au Gres Bank, a unit bank located in the city of Au Gres (population 564), 16 road-miles northeast of Standish, is the only other bank in Arenac County. Arenac County had a 1970 population of 11,149, which represented an increase of 13.1 per cent over its population in 1960. The county, which has been primarily agricultural, continues to grow at about the same rate, as light manufac turing, touring, and recreational activities become more important. Arenac County's most recent median household buying level, however, was about 33 percent below the statewide median. The area in which the competitive effects of the proposed transaction would be most immediate and direct may be approximated by the area w ith in a 20-25 mile radius of Au Gres. This would include all of Arenac County, the southern portion of Iosco County, the southeastern portion of Ogemaw County, and the northern half of Bay County. The total population of this local market which is bounded on the east by Saginaw Bay approximated 28,000 people in 1970. Except for Bay County, income levels are well below the State median, but economic prospects throughout the market are reasonably good. Both Standish Bank and Au Gres Bank, for example, have seen their deposits grow substantially since 1970—more than doubling for the former and increasing by over 80 percent for the latter. Both Standish Bank and Au Gres Bank compete within the relevant market, and each draws a not insignificant portion of its total loans and deposits from the primary service area of the other. A lto gether, six commercial banks compete in the rel evant market. Two of these are affiliates of Peoples Banking Corporation, which presently controls about 15.9 percent of the market's total IPC deposits, while Standish Bank has the largest market share of all six (34.8 percent). Peoples State Bank of East Tawas controls about 27.0 per cent of such deposits; Farmers and Merchants State Bank of Hale, about 14.7 percent; and Au Gres Bank, 7.6 percent. Standish Bank and Au Gres Bank are the closest of these six banks. Although the market involved is relatively sparse in population, the proposed transaction would, if consummated, (i) eliminate a modest amount of existing competition between Standish Bank and Au Gres Bank, (ii) add substantially to the market share presently held by Standish Bank, the leading local bank, (iii) increase substantially the advantage in local market share which Standish Bank presently enjoys over all of its local compet ito rs , n a m e ly Peoples Banking Corporation, Peoples State Bank of East Tawas, and Farmers and Merchants State Bank of Hale, and (iv) reduce from five to four the number of other banking sources from which residents and businessmen in the Au Gres area have to choose for banking serv ices, the nearest of which would then be 19 roadmiles away. 108 FEDERAL DEPOSIT INSURANCE CORPORATION Even if no significant potential exists for in creased competition between Standish Bank and Au Gres Bank in the future through de novo branching by either or both, and even if some consolidation appears desirable for Au Gres Bank, the Board of Directors understands that Standish Bank is not the only legally available partner for such an acquisition and believes it extremely desir able as a competitive matter not to increase Stand ish Bank's present advantage over its nearest competitors w ithin the market. The Board also notes that the trust department of Peoples Na tional Bank & Trust Company of Bay City, an affiliate of Peoples Banking Corporation, annually votes a substantial, although possibly not control ling, block of stock in Standish Bank, thereby raising a question in its mind of the vigor of com petition between the two banking organizations. Based on the foregoing and on the standards established by the Supreme Court in cases involv ing horizontal mergers of banks already competing in the same local market, the Board of Directors is of the opinion that the proposed transaction would "substantially lessen competition” in the relevant local banking market. Financial and Managerial Resources; Future Prospects. Both banks have satisfactory financial resources, with the earnings performance of Au Gres Bank being particularly strong. The latter bank claims a management succession problem, with one senior officer due to retire shortly and the other, presently in his late 50s, in somewhat precarious health. The Board notes in this regard that the application contemplates that both o ffi cers w ill continue on the board of directors of the resulting institution and that the younger of the two will continue in charge of the proposed Au Gres branch for 4 or 5 years if his health permits. The succession problem does not appear either imminent or insurmountable, and lends only slight weight in favor of the application. Standish Bank has managerial resources in depth, and the future prospects of both banks, as well as the resulting bank, must be regarded as favorable in this devel oping area. Convenience and Needs o f the C om m unity to be Served. Banking premises at the Au Gres loca tion would be renovated and refurbished. A t this office, policies of a more aggressive, sophisticated management would be reflected and improved loan services, particularly in the field of agricul tural credit, would be available. Standish Bank's $180,000 statutory loan lim it and Au Gres Bank's $60,000 lim it would, for the resulting bank, be increased to $270,000 (subject in each case to the discretionary 100 percent increase legally per mitted a board of directors). Time deposit open accounts would become available at the Au Gres location, as would time certificates of deposit in a minimum amount reduced from $5,000 to $1,000, a costless checking plan, and interest on Christmas Club deposits. However, since Standish Bank al ready competes w ithin the relevant market, these additional services are presently available to resi dents and businessmen in and around Au Gres, albeit with some inconvenience. Greater conven ience for a limited portion of the public within the market area does not, in the opinion of the Board, outweigh the adverse competitive effects pre viously recited. The Board of Directors believes accordingly that the application should be, and it hereby is, denied. Statement upon reconsideration, June 25, 1976 State Bank of Standish, Standish, Michigan ("Standish Bank” ), a State nonmember insured bank with total resources of $36,424,000 and total IPC deposits of $28,262,000, was denied, on March 15, 1976, the Corporation's prior approval to ac quire the assets of and assume the liability to pay deposits made in The Au Gres State Bank, Au Gres, Michigan ("A u Gres Bank” ), a State nonmember insured bank having total resources of $8,158,000 and total IPC deposits of $6,246,000 (see page 107 for Basis for Corporation Denial). Standish Bank and Au Gres Bank thereafter petitioned the Cor poration to reconsider its original denial. The Corporation's Board of Directors, having recon sidered its earlier decision, affirms its original denial with the following additional statement. The Board of Directors concluded in its original decision that the proposed transaction would, if consummated, (i) eliminate a modest amount of existing competition between Standish Bank and Au Gres Bank, (ii) add substantially to the market shares presently held by Standish Bank, the leading local bank, (iii) increase substantially the advantage in the local market share that Standish Bank pres ently enjoys over all of its local competitors, and (iv) reduce from five to four the number of other bank ing sources from which residents and businessmen in the Au Gres area have to choose for banking serv ices. Based on those conclusions and on the stand ards established by the Supreme Court in cases involving horizontal mergers of banks already com peting in the same local market, the Board of Direc tors was of the opinion that the proposed trans action would "substantially lessen com petition" within the relevant local banking market, which was described as the area within a 20-25 mile radius of Au Gres. This included all of Arenac County, the southern portion of Iosco County, the southeastern portion of Ogemaw County, and the northern half of Bay County. The applicants' requested reconsideration is based, principally, on the ground that the market defined in the Basis for Corporation Denial was too narrow and should be expanded to include addi tional parts of all adjoining counties, particularly the southern half of Bay County with its principal trade and population center, Bay City. Addi tionally, the argument was again made that Au Gres BANK ABSORPTION DENEID BY THE CORPORATION Bank faced serious management succession prob lems and that residents of the Au Gres area were not receiving full banking services. Further, it was stated that there were no less anticompetitive alternatives available. In support of the argument that the market should be expanded, particularly southward to in clude Bay City, surveys were presented which pur portedly indicated substantial commutation be tween the Bay City area and Standish for banking and other services. The statistics in these surveys were contained in the original application and were carefully considered at the time the application was denied. It was recognized that some residents of the Standish area do commute to large shopping com plexes in the Bay City area for shopping needs, but no conclusion could be drawn from the statistics submitted that any meaningful number of persons traveled there for banking services or that residents of the Bay City area found Standish Bank a conven ient banking alternative. On the contrary, the sur veys showed that 72 percent of Standish Bank's main office customers were located within 10 miles of that office and 99 percent were located within 25 miles. The survey further indicated that 91 percent of Au Gres Bank's customers were contained w ith in a 10-mile radius of Au Gres and that the one branch operated by Standish Bank obtained 96 percent of its deposits from customers located within a 10-mile radius of that office. While the Bay City trade area does have some economic impact on competition in the service areas of the applicants, for purposes of section 7 of the Clayton Act (15 U.S.C. 18), the relevant geographic market is where "the effect of the merger will be direct and immediate" (U nited States v. Phila delphia N ation al Bank. 374 U.S. 321, 359 (1963)). In view of the direct effect the proposed merger would have w ithin the originally defined market area, the Board of Directors sees nothing in the record supporting the argument for an expanded market.* It is noted, however, that even were the relevant market redefined to include that area within a 25-mile radius of Standish, which would corres pond to Standish Bank's legal branching area, the basis for the original denial would still be true. * Although the population o f this relevant geographic mar ket is quite small, the Au Gres banking market would constitute an economically significant "section of the c o un try." See United States v. Phillipsburg National Bank & Trust Co., 339 U.S. 350 (1970); United States v. County National Bank o f Bennington, 330 F. Supp. 155 (D. V t. 1971), 339 F. Supp. 85 (D. Vt. 1972). 109 Standish Bank and Au Gres Bank hold a combined 30.1 percent share of that market, second only to the 39.6 percent combined share held by the two subsidiary banks of Peoples Banking Corporation represented therein. While the resultant bank would not hold the leading share of deposits in this market, the combined share of the two largest banking organizations in that market would be increased to 69.7 percent, existing competition would be elimi nated, and banking sources would be reduced from six to five. The Board of Directors is of the opinion that consummation of the proposal, even if such a redefined market were considered relevant, would present anticompetitive problems too severe to warrant approval of the application. The Corporation has again reviewed the con venience and needs factor and the banking factors, and it adheres to its original conclusion on these points and finds nothing in the record to warrant a conclusion that the proposed transaction would result in the realization of significant public benefit under these factors. Again, the management succes sion problem does not appear to be imminent or insurmountable and lends only a slight weight in favor of the application. Alternative purchasers in clude 3 other banks headquartered within 25 miles of Au Gres and thus capable of consummating the transaction under present Michigan law, and with the exception of Peoples Banking Corporation, any of the other 41 bank holding companies operating in Michigan could be considered potential purchasers. Since Standish Bank already competes in the rele vant market, any additional services are presently available to residents and businessmen in and around Au Gres, albeit with some inconvenience. Therefore, there is no basis in the record for con cluding that the public cannot obtain such benefits from other sources at the present time or that the same benefits could not be achieved through other, less anticompetitive means. Based on all of the foregoing and on the record before it, the Corporation's Board of Directors again concludes that approval of the proposed purchase of assets and assumption of liabilities of Au Gres Bank by Standish Bank is not warranted and should accordingly be denied. \ r REGULATIONS AND LEGISLATION PART FOUR V y 113 RULES AND REGULATIONS Interest rate regulations (Part 329). The Corporation amended its deposit interest rate regulations to broaden the exemption from interest rate ceilings for capital notes issued by insured nonmem ber banks. Under the amendments of June 16, 1976, such notes may have an average (rather than absolute) maturity as short as 7 years, although no note in a serial issue can have an original m aturity of less than 5 years. The amendments also established a procedure for permitting such banks to issue capital notes of less than $500 to satisfy the preemptive rights of shareholders. The Corporation further amended its interest rate regulations on November 12, 1976, to permit the penalty-free w ith drawal before m aturity of funds de posited in insured nonmember banks by self-employed persons under so-called Keogh or H.R. 10 retirement plans. Such withdrawals can be made after the depos itor reaches age 5914, or earlier if he or she is disabled. Moreover, the $1,000 minimum amount requirement for longer term time deposits no longer applies to such funds. These amendments are similar to those adopted in December 1975 for Individual Retirement Accounts and are designed to prevent conflicts with Federal tax law upon distribution of retirement funds. Finally, the Corporation temporarily suspended premature withdrawal penal ties on time deposits for victims of the Teton Dam disaster in Idaho. The suspen sion, which was initiated on June 6, 1976, and expired on December 31, 1976, gave victims of that disaster ready access to their time deposit funds for reconstruction and similar purposes. Each insured nonmember bank had the discre tion to decide whether or not to allow such penalty-free withdrawals. Two new proposals about regulations on deposits were advanced by the Cor poration during 1976. On March 15, 1976, the Corporation proposed an amendment to its regulations that would permit transfers from savings accounts to checking accounts to cover overdrafts. This proposal would require that the transfers be in minimum increments of $100, w ith at least 30 days' interest on the amount transferred to be forfeited. On November 15, 1976, the Corporation proposed a rule which would generally re quire notice to depositors of the m aturity of their time deposits. The notice would have to be printed on or affixed to the deposit instrument. The purpose of this proposal is to reduce the possibility that depositors will forget when their deposits mature, resulting in the loss of interest or, if the deposit has been automatically re newed, payment of a penalty for early withdrawal. Insider transactions. On February 25, 1976, the Corporation adopted a regula tion aimed at curbing abuses which may occur in transactions between an insured State nonmember commercial bank and "insiders" of the bank. On April 27, 1976, this regulation was extended to cover insured State nonmember mutual savings banks as well. The regulation be came effective on May 1, 1976. Under this regulation, the board of directors of each insured State nonmem ber bank is required to review and ap prove every insider transaction involving assets or services having a fair market value greater than a specified amount, that amount varying with the size of the bank. In addition, certain recordkeeping requirements are imposed in order to foster effective internal controls over such transactions by the bank itself and to facilitate examiner review. In adopting this regulation, the Cor poration did not intend to suggest that all transactions with insiders or their inter ests are detrimental to the bank or that such transactions should be automatically rejected. The regulation neither prohibits nor significantly restricts a bank's ability to enter into such transactions. On the FE D E R A L DEPOSIT INSURANCE CO RPO RATIO N 114 other hand, the regulation makes clear that formal compliance with its review and approval requirements does not re lieve a bank of its duty to conduct its operations in a safe and sound manner, nor does it prevent the Corporation from ta k in g appropriate supervisory action with respect to any insider transaction. By year-end 1976, the regulation had been in effect 8 months. Reaction to it was generally viewed as favorable, with many banks finding that implementation of its requirements did not result in un due burden or expense. Compliance with the regulation generally appeared satisfac tory, but it was still too early to assess adequately whether the regulation is achieving its intended purpose of curbing abusive insider transactions. Deposit insurance coverage. Under the Corporation's insurance regulations, the deposit accounts of a corporation are in sured up to $40,000 in any one insured bank. On November 3, 1976, the Corpo ration proposed amendments to its insur ance regulations designed to apply this same rule to deposit accounts of any reg istered investment company, even if that company is organized in some noncor porate form. Specifically, for deposit insurance purposes, the Corporation would treat as a corporation any trust or other business arrangement registered, or required to be registered, w ith the Secur ities and Exchange Commission as an in vestment company under the Investment Company A ct of 1940. The proposal would not cover trusts that are not sub ject to registration under that act, such as employees' pension and profit-sharing trusts, charitable trusts, and common trust funds maintained by bank trust de partments. The proposed amendments are in tended to clarify the extent of insurance coverage on deposits of certain business trusts and other entities which may be viewed as de facto corporations because of their public ownership and business objectives. Some confusion has existed as to whether such deposits are insured according to each individual investor's beneficial interest in the trust, or alterna tively, according to the aggregate deposits held by the trust in each insured bank. The Corporation asked for comment on these proposed amendments by January 14, 1977. FEDERAL LEGISLATION The three most significant pieces of banking legislation enacted in 1976 in vo lve consumer credit and so-called FEDERAL DEPOSIT INSURANCE COVERAGE PER DEPOSITOR 1934-1976 A m ount (each insured bank) $ Effective date 2,500.........................................................................................................................................................January 1,1934 5,000.........................................................................................................................................................July 1,1934 10.00 0 September 21,1950 15.00 0 October 16, 1966 20.00 0 December 23, 1969 40.00 0 November 27,1974 100,000- Time and savings deposits o f government units (except State and local government deposits held in out-of-State b a n k s ).................................................................................... November 27, 1974 115 FE D E R A L LE G IS LA TIO N - 1976 Negotiable Orders of Withdrawal (NOW) accounts, which in effect are interestbearing checking accounts. A provision of Public Law 94-22, signed on February 27, 1976, added Connecticut, Rhode Island, Maine, and Vermont to the list of States in which NOW accounts could be offered. Previously, they had been permitted only in Massachusetts and New Hampshire. This same legislation also amended the Truth in Lending Act to provide that cash discounts would not be regarded as inter est for disclosure purposes and placed a 3-year ban on the imposition of sur charges on credit card purchases. Approved on March 23, the Equal Credit Opportunity A ct Amendments ex panded the categories of prohibited dis crimination in consumer credit trans a c tio n s to include age, race, color, religion, national origin, and receipt of public assistance benefits, in addition to the existing prohibitions against discrimi nation because of sex or marital status. This law also gave rejected applicants the right to obtain specific reasons for the refusal of credit and raised the ceiling on class action liability to $500,000 (from $100,000) or 1 percent of the creditor's net worth, whichever is less. The Consumer Leasing A ct of 1976, which was also approved on March 23, made the Truth in Lending Act applicable to leases of consumer durables, such as automobiles and household goods, and re quired that the costs of the lease arrange ment be clearly stated. It also created a presumption of unreasonableness if the final ("balloon") payment under the lease exceeded three times the average monthly payment. These new requirements of the Equal Credit Opportunity Act Amend ments and the Consumer Leasing Act become effective on March 23, 1977, ex cept for the increase in class action liabil ity limits which became effective upon enactment. A bill approved on August 3, 1976 (Public Law 94-375), contained provi sions amending the National Flood Insur ance Act to grant certain exemptions from the general statutory ban against mortgage lending by federally supervised financial institutions in identified flood hazard areas of communities not partici pating in the national flood insurance program. This legislation made permanent the existing temporary exemption permit ting mortgage loans to be made for the purchase of existing, previously occupied residential dwellings. It also broadened this exemption to include loans to fi nance the purchase of existing small busi ness properties and to permit owners of residential dwellings to renew or increase the financing on their homes. The new law further expanded this exemption to permit loans to finance improvements of existing residential structures, up to an aggregate of $5,000 per dwelling, and to finance farm improvements of a nonresidential, agricultural nature. Legislation enacted late in the 94th Congress, the "Government in the Sun shine A c t" (Public Law 94-409), requires all Federal agencies headed by two or more Presidential appointees to hold their meetings and to conduct agency business in th e open a fte r g iv in g at le a s t 1 - w e e k 's notice of the time and place of their meetings. The agencies are required to keep transcripts, recordings, or detailed minutes of all closed agency meetings. The law contains a list of 10 exemptions from the open meeting requirements. The exemptions relating specifically to bank regulation matters include those covering trade secrets and confidential financial information, information contained in ex a m in a tio n reports, and information which, if prematurely disclosed, would significantly endanger the stability o f any financial institution. Agencies are re quired to issue implementing regulations by March 13, 1977. Two provisions in the mammoth Tax Reform Act of 1976 (Public Law 94-455) which became law on*October 4, 1976, are of particular interest to banks. An im portant step in the direction of financial 116 FE D E R A L DEPOSIT INSURANCE CO RPO RATIO N privacy for bank customers was taken in section 1205 of the act, which requires the Internal Revenue Service to provide, in most circumstances, at least 14 days' prior notice to any bank customer whose bank records it wishes to examine. Within this 14-day period, the customer may direct the bank in writing not to comply with the IRS administrative summons. The Service would then be required to obtain a court order to examine the rec ords. Also, sections 1061-64 of the act provide that United States corporations (including banks) actively participating in international boycotts not sanctioned by the United States can, in some circum stances, lose their foreign tax credits, foreign tax deferrals, and export sub sidies. Public Law 94-414 amended the In ternal Revenue Code to permit banks in a holding company system to use a com mon trust fund maintained by one or more banks in the same affiliated group, w ithout loss of the fund's tax-exempt sta tus. STATEMENTS BY CORPORATION DIRECTORS PART FIVE K y STATEM ENTS BY CO RPORATION DIRECTORS Statement by Frank Wille, on the Com mittee Print o f the "'Financial Reform Act of 1976"* Mr. Chairman and Members of the Sub committee: I appreciate this opportunity to testify on the proposed "Financial Reform Act of 1976," a bill designed to reflect testi mony and comments received in connec tion with your subcommittee's FINE Study "Discussion Principles." The bill also incorporates a number of provisions from the Senate-passed "Financial Insti tutions A c t" (S.1267), from legislative proposals by the Federal bank regulatory agencies designed to strengthen their avail able regulatory procedures to prevent and correct problem bank situations (S. 2304, H.R. 9743, and Title I of H.R. 10183), and from the FDIC's proposed "house keeping" bill (S. 2233, H.R. 9742, and Title IV of H. R. 10183). The bill before the subcommittee is long and complex. Many of its provisions are interrelated, and some, for technical consistency and clarification, may require amendments to Federal law beyond those presently contemplated. Because of the short time which has been available to analyze all the ramifications of the bill and its recently proposed amendments, I respectfully request that the FDIC be allowed to file for the record such addi tional comments and suggestions of both a technical and a substantive nature as may be appropriate in the light of our continued study of this important legisla tion. On the substantive side, I have pre viously testified for the Corporation in general support of the objectives and pro visions of the Senate-passed Financial Institutions Act, particularly those pro visions which would enlarge the asset and * Presented to the Subcom mittee on Financial Institutions, Supervision, Regulation and In surance, Com mittee on Banking, Currency and Housing, House of Representatives, March 16, 1976. 119 liability powers of th rift institutions, pro vide a Federal charter option for mutual savings banks, and schedule a gradual phasing out of the deposit rate ceilings presently found in Regulation Q and its FDIC counterpart. Naturally, the Cor poration would favor those same pro visions in the House bill, as well as those supervisory and housekeeping provisions which have been previously introduced at the FDIC's request and are now included in the same bill. This morning I intend to confine my remarks**to five aspects included in or relevant to the proposed House bill: • the proposed restructuring of the Federal bank regulatory agencies, • the requirement that the FDIC and the proposed Federal Banking Com mission operate on appropriated funds, • the imposition of Federal Reserve reserve requirements on all State banks having third party payment accounts exceeding $15 million, • the need for a fresh look at the country's housing goals and incen tives, and • the desirability of further legisla tion to mandate additional financial and operating disclosure on insured banks with fewer than 500 share holders. I. Agency Restructuring My December 9 testimony before this subcommittee contained a specific, inter mediate proposal for Federal bank agency restructuring which I think is superior to the provisions presently in the bill before you, because it would have consolidated * * ln fairness to my successor as Chairman of the FDIC and to the C om ptroller o f the Cur rency who serves ex o ff ic io on the FDIC Board o f Directors and w ill be presenting the views o f his o ffice to m o rro w , these remarks should be considered personal observations o f the present incum bent and not necessarily the present or fu tu re views o f the FDIC. 120 F E D E R A L DEPOSIT INSURANCE CO RPORATION Federal oversight of State-chartered banks in one office, preserved significant play between national and State banking systems, and provided for an evolutionary structure (the proposed Federal Banking Board) which would include among its five members the Comptroller of the Cur rency, the Federal Supervisor of State Banks, and a Governor of the Federal Reserve System. Title I of the proposed Financial Re form Act, by consolidating the present supervisory powers of the Comptroller of the Currency over national banks and the Federal Reserve System over bank hold ing companies and State member banks, adopts some aspects of my earlier pro posal at the expense of others. It provides for the removal of the Federal Reserve System from day-to-day supervision of bank holding companies and State mem ber banks, a transfer of power I continue to support wholeheartedly. Such a trans fer does not require that the Federal Reserve conduct its monetary policy in a vacuum, and no r e s p o n s i b l e p e r s o n h a s suggested that the Federal Reserve Sys tem be denied information about banking developments which it needs to conduct the all-important monetary affairs of the country. No convincing argument has yet been advanced, however, to justify the daily diversion of the staff and members of the Board of Governors away from monetary policy issues to such matters as regul ati o n - w r iti ng under T ruth-inLending, Fair Credit Billing, and Equal Credit Opportunity or the thousands of decisions required annually under the Bank Holding Company Act Amend ments of 1970. The Financial Reform Act would also consolidate in one place the regulation and supervision of most of the nation's larger banks (no nonmember commercial bank today exceeds $2 bil lion in size), but it does so at potentially great risk to the major State banking systems of the country if the proposed commission fails to permit some diversity between the way in which national and State banks operate. The bill before you also divides jurisdiction over State banks between the FDIC and the proposed com mission, depending on whether or not the bank is a member of a holding company system. Apparently, the FDIC would also have jurisdiction over State banks that are "members" of the Federal Reserve System so long as they are not in a holding com pany. I urge the subcommittee to review these matters carefully, clarifying them as necessary, and again consider the alterna tive I proposed in December. II. Placing the Federal Bank Agencies on Appropriated Funds It is no accident, in my judgment, that the three Federal bank agencies have remained over the years relatively un touched by political scandal or intim ida tion. I fear, however, that this track rec ord could be substantially altered if the proposed Federal Banking Commission and the FDIC were to be placed on an appropriated funds basis, subject in the first stage of the process to the tender mercies of the White House and the Of fice of Management and Budget and in the second stage to the varied interests of individual Congressmen. The practical effect of the appropriations process would be to give the political operatives of the White House and the Congress substantial control over the personnel, the day-today operations, and the legislative posi tio n s*** taken by the commission and the FDIC, and I need not remind you how sensitive many of these agency deci sions can be. The Congress and the public must, however, hold every agency of govern ment, and its responsible officials, ac * * * l n this respect, insofar as OMB is con cerned, the im position o f the appropria tions procedure on the FDIC could have the practical effect o f n u llifyin g recent legisla tion which expressly exempted the FDIC from obtaining OMB clearance before sub m itting its positions on legislative matters to the Congress. STATEM ENTS BY CO RPO RATIO N DIRECTORS countable for their performance of duty. In p a rt, this is accomplished today through the requirement of an annual report to the Congress, through oversight hearings of the responsible committees and subcommittees of the two Houses and through the limited GAO audit which is presently conducted each year of the FDIC's "financial transactions/' In addi tion, the Freedom of Information Act is opening more and more of the activities and decisions of the Federal bank agen cies to public scrutiny. This process of enforcing accountability on the bank regulatory agencies could be further strengthened by (i) requiring periodic reports to the Congress on specific sub jects of interest to the responsible com mittees or subcommittees, and (ii) enlarg ing the GAO audit requirements to in clude a limited sampling of the agency's examination reports and supervisory pro cesses in specific cases, under strict re quirements of confidentiality, in an effort to obtain an independent, outside ap praisal of the effectiveness of the agency's supervision. We are currently engaged in an effort to compromise the FDIC's long standing dispute w ith the GAO over its asserted need to have "unrestricted" access to FDIC examination reports in order to accomplish its required audit, and I am hopeful that the pattern that emerges from these current efforts can be used on a regular basis. In any event, legislative oversight and GAO post-audit hold more promise in my view than the appropriations process of preserving the nonpolitical nature of the bank agencies and the public confidence which has accompanied their performance in the past. III. Uniform Reserve Requirements for Banks w ith $15 m illion or more in Third Party Payment Accounts Under present law the Federal Reserve is required by Federal law to impose re serve requirements on national banks and on State-chartered banks which choose to 121 become members of the Federal Reserve System. Some State-chartered member banks apparently find the advantages of membership overcome the cost thereof, although a substantial number of banks have dropped their membership over the past 10 years. The principal cost of membership is the maintenance of re quired reserves in the form of noninter est-earning deposits at a Federal Reserve Bank. State reserve requirements for nonmember banks generally are less oner ous than Federal Reserve requirements since nonmember banks may use balances held with a correspondent bank and, in some States, may also use earning assets in calculating their required reserves. The most frequently cited advantages of mem bership are cost-free check clearing and co lle ctio n services, rediscounting and borrowing privileges at a Federal Reserve Bank, cost-free wire transfer, and safe keeping privileges. Some banks also con sider the "prestige" of membership an intangible benefit. By contrast, nonmember banks receive a variety of services and assistance from correspondent banks in return for main taining correspondent balances. As fees for such services replace the maintenance of balances (and there clearly is a trend toward this development), it w ill be more apparent to nonmember banks what the various services, including check clearing and collection, are costing them. Should the Federal Reserve make its clearing wire and transfer service available on a fee basis to all users, nonmember banks would be able to compare costs in this area with those fees charged by corres pondent banks. The net result might well be that State-chartered banks, member as well as nonmember, would have better information than they do today in de ciding how to have their checks cleared and whether the benefits of discount w in dow borrowing and safekeeping services are worth the residual cost of maintaining reserves with the Federal Reserve. Proponents of uniform reserve require 122 FE D E R A L DEPOSIT INSURANCE CO RPO RATIO N ments for banks of similar size argue that uniform requirements are necessary for the Federal Reserve to maintain adequate control over the money supply. It is im plied that the absence of uniform reserves allows a significant part of the banking system to escape Federal Reserve control and this makes monetary management more difficult. I am not aware of any substantive re search and analysis that gives credence to these arguments. FDIC staff analyses, as well as those of outside economists, do not support the view that the existence of a large number of nonmember banks has hampered monetary management. Sophis ticated observers note that except for the large money-market correspondent banks, Federal Reserve membership may not be particularly important for the conduct of monetary policy. They argue that the reserve positions of smaller banks depend upon the reserve positions of large corres pondent banks and thus effective mone tary control of correspondent bank re serves gives the Federal Reserve effective control over all banks, regardless of the amount or form of these reserves. Another argument advanced on behalf of uniform reserve requirements pertains to equity. Insofar as State reserve require ments can be met by correspondent bal ances which compensate for services pro vided or by placing funds in earning assets, it is sometimes alleged that such institutions tend to be at a competitive advantage compared with member banks; and, in fact, nonmember banks in States with lower reserve requirements have tended to be more profitable than mem ber banks of comparable size. However, extending reserve requirements to all depository institutions is not the only way to address this issue. Another alter native would be for the Federal Reserve to pay interest on member bank reserves, to allow all or a portion of its required reserves to be held in the form of Treas ury securities, or to reduce prevailing reserve requirement levels. (There may be considerable logic in tying the latter to the elimination of restrictions on the pay ment of interest on demand deposits.) With respect to other Federal Reserve services, principally access to the discount window and check clearing services, these might be made available to nonmember banks on a nonsubsidized basis. To reiterate the position outlined in my previous testimony, I believe that the nation's banks should be permitted to retain a meaningful choice between the regulatory options now available to in sured banks. For State-chartered banks, an important part of that choice is op tional membership in the Federal Reserve System with its attendant costs and bene fits. A t present, being unconvinced of the merits of the two principal arguments advanced by proponents of uniform Federal Reserve reserve requirements, I would not favor the imposition of such uniform requirements on State-chartered banks. If considerations of either mone tary policy or equity persuade the sub committee to adopt such a requirement, I believe that a much higher cutoff figure than the $15 m illion proposed should be used to determine those banks to which such uniform reserves should apply. IV. A Fresh Look at the Country's Hous ing Goals and Incentives Diversification on the asset and liabil ity side appears to be necessary if the specialized th rift institution is to have the earnings and the competitive tools neces sary to attract and retain deposits in periods of high market interest rates. To those in the Congress and elsewhere, how ever, who seek to keep lendable funds flowing to the housing sector, broadened investment powers for thrifts raises the specter of a reduced commitment to housing. While it may be true that the percentage o f assets devoted to mortgage lending and the housing sector is likely to go down with broadened powers, most experts feel that the dollars devoted to housing w ill not be adversely affected. Heightened competition for deposits also STATEM ENTS BY CO RPO RATIO N DIRECTORS raises the likelihood of higher rates on home mortgages and related housing cred it, and this raises understandable concern over the future attractiveness of such expenditures to the purchasing public. Should we then be moving away from specialized mortgage lending institutions? I think the answer must be “ yes,” coupled w ith a more enlightened housing policy. Tax incentives to keep financial institutions in the housing sector, or in centives like the differential under Regu lation Q, are directed to lending institu tions, not the ultimate user. If the incen tives are adequate, so the argument goes, more money will flow to housing and home mortgage rates will be kept low. But will this happen and is it what we need today? Will such incentives increase the flow of funds to housing units that are affordable by lower- and middleincome families—who are, after all, the vast m ajority of our population? Or will it again be the developers and the rela tively affluent who benefit from the many real estate incentives presently embedded in our laws? The basic problems in housing today run much deeper than the availability of funds or high interest rates. They are a combination of high and rising energy costs, high building costs, and a preoccu pation with the detached, single-family home. Surely the time has come for a fresh look at the housing goals we have set for ourselves as a nation. A reexami nation of these goals, and agreement on what they should be, may lead us to quite different incentives in the housing sector than are contemplated by either the Senate or House bills now before you. I fear that reliance on the traditional incen tives aimed at lending institutions and developers w ill only lead to more dis appointments in the actual improvement, both quantitatively and qualitatively, of our housing stock. V. Greater Disclosure in Banks with fewer than 500 Shareholders 123 Recent events have accelerated what has been a persistent trend toward greater disclosure of information related to the operations and financial soundness of the nation's insured banks, a trend which I believe benefits the institutions them selves, their depositors and customers, their shareholders, and their regulators. The Federal bank agencies and the SEC have played a major role in this pro cess. The FDIC has for several years, for example, released to anyone who asks the complete Reports of Condition and In come which insured banks file regularly but which had previously been held con fidential. Contrary to the fears of some, there is no evidence that this has resulted in any adverse effects on the nation's banking system. Currently, the Federal bank agencies and the SEC are engaged in a concerted effort to expand the useful ness of the information collected in such reports. In addition, bank holding companies with 500 or more shareholders are gener ally required to disclose data, file periodic reports, use proxy statements, and dis tribute annual reports in accordance with SEC standards. Nonholding company banks with 500 or more shareholders are required to meet similar disclosure re quirements set by the Federal bank agen cies, in substantial conformance with SEC standards. A t the present time 321 non member insured banks meet the statutory tests and are subject to these extensive disclosure requirements. I would recommend two additional steps which would significantly enlarge the public dissemination of banking data, both of which would require legislation to be effective. First, the 500-shareholder test should be reduced to 300 share holders and subsequently to 100 share holders. The initial reduction would add approximately 500 nonmember banks to those already subject to these extensive reporting requirements, while the reduc tion to 100 shareholders would add 124 F E D E R A L DEPOSIT INSURANCE CO RPO RATIO N another 1,700 nonmember banks. A com parable percentage increase in coverage would most likely occur for bank holding companies registered w ith the SEC, for national banks registered with the Comp troller of the Currency, and for State member banks registered with the Federal Reserve. Second, all insured banks should be required to send out to their share holders the data contained in the yearend condition and income reports sub mitted as of December 31 to the three Federal bank agencies. While such data may be obtained from the agencies upon request, placing the burden of dissemina tion on the banks themselves would lead to more widespread disclosure on an equal basis to all bank owners. 125 STATEM ENTS BY CO RPO RATIO N DIRECTORS Statement by Robert E. Barnett, on S. 2304, 94th Congress, a bill "to strengthen the supervisory authority of the Federal banking agencies over financial institu tions and their affiliates"* I appreciate this opportunity to testify in support of S. 2304, 94th Congress, a bill "to strengthen the supervisory au thority of the Federal banking agencies over financial institutions and their a ffili ates." As you know, the bill was pro posed jo in tly by the FDIC, the Comp troller of the Currency, and the Federal Reserve. Its enactment would provide much needed assistance for preventing certain types of abuses that in the past have led some banks to fail and would better enable the regulatory agencies in the future to attempt to correct such problem bank situations before they reach the terminal stage. The need for this type of legislation was underscored by former FDIC Chairman Frank Wille in his July 21, 1975 statement before the House Committee on Financial Institu tions Supervision, Regulation and Insur ance . . . [a copy was attached as appen dix A ] . In his September 5, 1975 letter to Senator Proxmire forwarding this pro posed legislation to the Congress, Federal Reserve Chairman Arthur Burns discussed in some detail the background circum stances giving rise to this proposal. I will briefly summarize these circumstances to refresh the committee's memory in this regard. Civil Penalties In a number of areas of bank regula tion there is no totally effective deterrent to violation of various limitations and restrictions imposed by Federal statute. Although such violations can severely affect a bank's safety and soundness, the only sanction a bank faces in some cases is the possible issuance of a cease-and*Presented to the Com mittee on Banking, Housing and Urban Affairs, United States Senate, March 26, 1976. desist order requiring it to reverse a par ticular transaction or to refrain from committing similar future violations. One example is section 23A of the Federal Reserve Act which (in conjunction with section 18(j) of the Federal Deposit Insurance Act) imposes stringent lim ita tions on loans and other dealings between insured banks and their affiliates. How ever, since there are no specific penalties for violation thereof, a bank holding com pany or other person experiencing finan cial pressure may cause a subsidiary bank to violate such restrictions knowing that, if such violations are discovered, the only sanction would be the possible issuance of a cease-and-desist order designed to rectify the violation and prevent further such transgressions. While the cease-and-desist order is quite useful for some purposes, it is not as significant a deterrent to violations of restrictions on inter-affiliate or insider lending as a daily money penalty would be. Accordingly, sections 1 and 7 of the bill would authorize the Federal Reserve and the FDIC to impose up to $1,000 per day civil penalties for violations of sec tion 23A of the Federal Reserve Act re la tin g to in te r-a ffilia te d e a lin g s o r s e c tio n 22 of the Federal Reserve Act covering bank loans to their own executive of ficers. Similarly, section 2 of the bill would authorize the imposition of up to $100 per day civil penalties for violations of Regulation Q type restrictions relating to the payment of interest on deposits (section 19 of the Federal Reserve Act). In addition, section 6(e) of the bill would authorize the imposition of a civil penalty against any bank or any officer, director, employee, agent, or other per son participating in the bank's affairs for violation of a cease-and-desist order or a consent agreement which has become final under section 8(b) or 8(c) of the Federal Deposit Insurance Act. Section 6(e) would provide for a civil penalty of up to $10,000 for each day the offending bank or individual w illfu lly refuses to 126 F E D E R A L DEPOSIT INSURANCE CO RPORATION obey the order. The authority to impose such a fine for violating a final cease-anddesist order would serve to emphasize the gravity of such an order. Under section 8(k) of the FDI Act, a cease-and-desist order does not become final unless entered into by consent or until the time has run for filing a petition for review with the appropriate U.S. Court of Appeals and no petition has been filed or perfected, or the petition so filed is not subject to further review by the Supreme Court. In either event, the party must have exhausted the adminis trative and judicial remedies afforded to him under the act. If the party then con tinues to disobey an order, the appro priate agency can apply to the proper U.S. District Court to secure its enforce ment. However, the threat of a court enforcement and possible contempt pro ceedings should not be the only deterrent at this point. The party has been given every opportunity to have his day in court. He should not be allowed to fu r ther impede the effect of the o r d e r sim ply to secure another delay and should be subject to a substantial mone tary penalty for each day that he does so, as provided in the bill. In imposing civil money penalties under the bill's provisions, the appro priate bank regulatory agency would be required to take into account the finan cial resources and the good faith of the bank or person charged with the viola tion, as well as the history of previous violations. Hopefully, the u tility of such penalties would be primarily in their deterrent effect, and the actual imposi tion of fines could be used sparingly. Insider Loans Our experience has indicated the need for more vigorous supervision by bank boards of directors and bank supervisory agencies of transactions between an in sured nonmember bank and insiders of the bank. Abusive self-dealing has been a significant contributing factor in more than half of all bank failures since 1960, including the failure of 30 nonmember insured banks. Losses to the deposit in surance fund as a result of these failures are likely to exceed $175 million. A re view of existing and past problem bank cases also reveals abusive self-dealing as a significant source of difficulty. Even where the immediate result is not the bank's failure or its designation as a bank requiring close supervision, an insider transaction that is not effected on an "arm's length" basis may lead to a dim i nution of the bank's earnings and an ero sion of its capital—thereby increasing the risk of loss to depositors and m inority shareholders and ultimately to the de posit insurance fund. Also, insider trans actions whose terms and conditions can not be justified constitute a diversion to insiders of resources that properly belong to all shareholders on a pro rata basis, as well as a misallocation of a community's deposited funds. For these reasons the FDIC on Febru ary 25, 1976, adopted a new regulation dealing with insider transactions. The regulation seeks to minimize abusive selfdealing through the establishment of pro cedures which insure that bank boards of d ire c to rs supervise such transactions effectively and which better enable FDIC examiners to identify and analyze such transactions. The board of directors of each insured nonmember bank will be re quired, effective May 1, 1976, to review and approve each insider transaction in volving assets or services having a fair market value greater than $20,000 for a bank having assets under $100 million, $50,000 for a bank between $100 m illion and $500 m illion in assets, or $100,000 for a bank with assets over $500 million. In addition, certain recordkeeping re quirements, including a record of dissen ting votes cast by members of bank boards of directors, w ill be imposed in order to foster effective internal controls over such transactions by the bank itself and to facilitate examiner review. A more complete explanation of the FDIC's new STATEM ENTS BY CO RPO RATIO N DIRECTORS insider regulation w ill be found in our February 25, 1976 press release issued in this connection . . . [a copy was attached as appendix B ]. In addition to these new regulatory requirements, it is our opinion that more explicit statutory lending limitations on the amount of a bank's loans to its in siders would be helpful in preventing banks from incurring undue risks by lend ing excessive amounts to insiders and their related business enterprises. Such limits are necessitated by the fact that a bank may be less subject to the restraints im posed by prudence and sound judgment when making loans to its insiders and their related interests than it would be in making loans to unrelated individuals or business enterprises. Accordingly, we believe further sub stantive restrictions should be placed on transactions between banks and insiders. Specifically, it would be desirable to amend section 22 of the Federal Reserve Act to impose additional restrictions on loans by a bank to its own officers and directors and to major stockholders and corporations affiliated w ith such individ uals. Accordingly, sections 3 and 7 of the bill would provide that the existing limits under applicable Federal or State law on loans to one borrower would apply with respect to loans by any member or non member insured bank to any one of its officers and directors and to any other individual holding more than 5 percent of its voting securities, including loans to companies controlled by such an officer, director, or 5-percent shareholder. These provisions would require that loans or extensions of credit to any one of its of ficers, directors, or 5-percent shareholders and to all companies controlled by such a person be aggregated and that the aggre gate of such a credit not exceed applic able Federal or State one-borrower limits. Administrative Enforcement While the provisions of the bill dis cussed above are designed in large part to prevent problem bank situations from 127 developing, the bill also contains several provisions intended to assist in dealing with problem bank situations once they arise. Presently, under section 8(e) of the Federal Deposit Insurance Act the appro priate Federal bank regulatory agency is authorized to remove a bank director or officer who has engaged in a violation of a law, rule, or regulation, participated in an unsafe or unsound practice, violated a final cease-and-desist order, or breached his fiduciary d u ty —but only if such a vio lation involves personal dishonesty and where substantial financial loss to the bank or other damage to its depositors can be demonstrated. Because of the d if f i c u l t y o f proving circumstances amounting to personal dishonesty, the present law effectively bars removal of individuals even if they have repeatedly demonstrated gross negligence in the operation or management of the bank or w illful disregard for its safety and sound ness. While we realize that the congressional objective underlying the "personal dis honesty" requirement was to protect bank officers and directors from arbitrary or capricious administrative action, we b e l i e v e t h a t i n l i g h t of r e c e n t e x p e r i e n c e it is necessary to balance the interests of the individual bank officer or director against those of the bank's depositors and shareholders, and ultim ately against the public interest in maintaining the integ rity of the Federal deposit insurance fund. To strike this balance, we strongly recommend enacting the provisions of section 6(d) of the bill, which add to the standard of personal dishonesty an alter native standard which would recognize the need to remove those officers and directors whose gross negligence in the operation or management of a bank or whose w illfu l disregard of its safety and soundness threatens the financial safety of the institution. We believe that the present hearing and judicial review re quirements are sufficient to shield bank officers and directors from arbitrary or 128 F E D E R A L DEPOSIT INSURANCE CO RPORATION capricious administrative action. Recent experience also indicates that a bank may be harmed not only by the mis conduct of its own officers and directors but also by the misconduct of others who are in a position to influence its affairs. However, it is often d iffic u lt or impos sible to reach such persons through re moval proceedings or through cease-anddesist action brought against the bank itself. Accordingly, we also recommend that the amendments contained in section 6(a) and 6(c) of the bill, which would amend paragraphs (b) and (c) of section 8 of the Federal Deposit Insurance Act, to provide that the appropriate regulatory agency may bring cease-and-desist pro ceedings against directors, officers, em ployees, agents, and other persons partici pating in the conduct of the affairs of a bank, as well as against the bank itself as permitted under present law. We believe that the ability to reach such officers, directors, and other persons participating in a bank's affairs through cease-anddesist orders would result in a greater ability to correct situations which might otherwise result in serious detriment to the bank. There are other provisions in the bill which relate to bank holding companies or to other matters w ithin the special cognizance of the Comptroller of the Cur rency or the Federal Reserve. While we support the bill in toto, we defer to these other agencies for detailed discussions of such provisions. Also in response to the request contained in your March 15, 1976 letter, there is attached a resume of administrative enforcement proceedings conducted by the FDIC during the past 5 years . . . [a copy was attached as appen dix C ]. Finally, we would recommend that the committee also act favorably with respect to a related bill (S. 2233) which contains various noncontroversial, "h o u s e k e e p in g " amendments to the Federal Deposit Insurance Act. STATEM ENTS BY CO RPO RATIO N DIRECTORS Letter by Robert E. Barnett, on making the FDIC subject to the appropriations process* Dear Mr. Chairman: I have learned that the Banking Com mittee voted yesterday to make the FDIC subject to the appropriations process. That action is profoundly troubling to the Corporation and its Board of Direc tors, and while I believe you know the general position of the Corporation on that proposition, I feel I should present it more thoroughly so that you and the other committee members will under stand our view of the full implications of that action. We are unaware of any major dissatis faction of the committee with the Cor poration. In many areas, such as disclo sure, insider transactions, variable rate deposit instruments, examiner training and development, problem bank predic tio n , responsiveness to Congressional suggestions and inquiries, etc., we have been the leader among the bank regula tory agencies. We have not resisted your efforts to have the GAO audit our per formance; on the contrary, we have wel comed it. With respect to our performance in assisting banks that are failing or in dan ger of failing, or our general performance as guardians of the deposit insurance fund and administrators of the deposit insur ance program, most objective observers will give us very high marks. We under stand, for example, that a recent Gallup poll showed that 93 percent of Americans with bank accounts feel their money is safe there. Frankly, even though this poll was apparently funded by the American Bankers Association for that associa tion's own purposes, we feel the results are a tribute to the FDIC and are a direct result of the Corporation's efforts over the years. No other efforts in the financial *T o Honorable W illiam Proxmire, Chairman, Com m ittee on Banking, Housing and Urban Affairs, United States Senate, A p ril 30, 1976. 129 or monetary arena have received or could receive such a vote of confidence and approval. If including the FDIC under the appro priations process was not designed to correct serious abuses or poor perform ance in our office, then it must be de signed to provide better oversight of our activities. We feel we have always been open and candid with the Banking Com mittee, but nevertheless we can appreci ate your interest in more information. Because of our interest in providing you that information, we w illingly have agreed to a GAO performance audit of the FDIC. This audit, which tracks most of the suggestions generated by your staff and sent to the FDIC by you on January 27, 1976, should provide you the infor mation which will permit you a more thorough oversight of our activities. [A copy of the agreement was attached.] As you know, the financial statements of the Corporation have been audited by the General Accounting Office on an annual basis for over 30 years. With the exception caused by the disagreement between the GAO and the Corporation over the desirability of predicting bank failures a n d possible losses to the d e p o s i t insurance fund, and the concomitant re luctance of the Corporation to permit a review of our examination reports for that purpose, the GAO has always found the Corporation helpful in assisting it in its annual audit. There have been no instances to my knowledge of the GAO raising any questions of irregularity or irresponsibility in the financial dealings or budget expenditures of the FDIC. Although our budget is not reviewed by the OMB or Congressional commit' tees, our budget decisions are made only after careful analysis w ithin the FDIC. Our budget process begins with the Divi sion chiefs7 preparation of budget recom mendations to our Budget Office. That is followed by a review by that office and our Personnel Office of those recom mendations, hearings conducted by a 130 FE D E R A L DEPOSIT INSURANCE CO RPO RATIO N Budget Review Committee internal to the Corporation, detailed recommendations by that review committee to the Board of Directors, and finally review and approval by the Board of Directors itself. We have a Controller's Office w ithin the Corpora tion to which are delegated certain lim it ed responsibilities and authorities with respect to administering the budget adopted by our Board of Directors, and the FDIC auditor and his audit staff audit both the Corporation's expenditures and each and every liquidation in which the Corporation is participating. During the middle of each fiscal year, a limited bud get review and update is held. Several benefits flow from this proce dure. We have no need to pad our budget estimates to allow for cutting by the OMB or the Congressional appropria tions or Budget Committees. We have no need to spend unused funds near the end of the fiscal year in order to avoid budget cuts the following year. Our decisions on applications for branches, deposit insur ance, merger approvals, etc., and our judgments on hiring, firing, promotions, contracts, etc., can be made on the basis of our professional objective judgment rather than on their possible impact on our ability to gain approval for future budgets. We are able to budget and plan on a long-range basis for programs with long-range benefits. For example, we have developed over a period of many years a training program for bank examiners of which we are very proud. Such a program does not necessarily provide a payoff in the very beginning, but the present need for more and better trained examiners underscores the correctness of the judg ment which initiated this program before the need was obvious. We are able imme diately to increase our expenditures over budget estimates if an emergency involv ing a large bank failure occurs. We do not have to wait for a special supplementary appropriation nor do we have to build an unpredictable and probably misleading contingency fund into our budget esti mates. Finally, if we decide, for example, that we should hire 100 more liquidators to administer closed bank receiverships that we see might be developing (as we did about 2 years ago), we can do that w ithout publicity. As Senator Vandenberg said on the floor of the Senate in leading a bipartisan effort to prevent requiring the FDIC to submit a budget annually to the Bureau of the Budget (the same principle as here): . . . If the FDIC is d o u b tfu l about the year to come and has to build up a large budget in anticipation o f its doubts, I know of no surer way to precipitate a crisis in the United States than to have the budget of the FDIC necessarily increased in anticipation of bank failures made public to the world on New Year's each year. (93 Cong. Rec. 10121 (1947)). Because of the crucial and unique role of the banking system in providing the credit base for our entire economic sys tem, certain related propositions seem clear to the FDIC. First, it is essential that Congress and the public are assured that the financial affairs of the FDIC are managed in a prudent and efficient man ner. Second, it is essential that bank depositors remain confident that the FDIC has the financial and managerial ability to meet its responsibilities to deal effectively and promptly with failing banks. Third, it is essential that the gen eral public remain confident that the Fed eral deposit insurance fund, built up over 40 years, w ill continue to be dedicated to protecting the safety and soundness of the banking industry. Finally, it is essen tial that the public be confident that the decisions of the FDIC on broad policy issues or on individual bank cases that come before it are decided on a profes sional, impartial, and nonpolitical basis. I believe that under our existing ad m inistrative, financial, and budgetary arrangements and procedures, particularly as amended by the addition of a GAO performance audit, these propositions can be supported affirmatively. First, the existing GAO audit and the periodic re STATEM ENTS BY CORPO RATIO N DIRECTORS 131 w hich is even m ore sensitive w ith respect to the necessities fo r its independence . . . . Federal deposit insurance has worked. That the American public has confidence in its banking system and knows that its deposits are safe in the nation's banks is due in large measure to the existence of Federal deposit insurance. The integrity of the fund out of which those deposits will be paid in the event of a bank closing is unquestioned; each succeeding Board of Directors of the Corporation since its beginning has proved to be an excellent guardian of the fund. Any change in the financial operations of the Corporation or the methods by which the Corporation receives its money to conduct its business may well erode the public's confidence in the fund. We might note in this regard the recent concern being voiced about the soundness and solvency of the Social Security fund. Whether justified or not, similar concern about the integrity of the deposit insurance fund could prove to be unsettling. W ithout some overwhelming need, carefully and completely delin eated, it seems reckless to expose the public's confidence in the banking system to the danger of such erosion of confi dence. In a statement by former Chair man Leo T. Crowley (1934-1945) before the Senate Appropriations Committee which was at that time considering plac ing the FDIC under the appropriations process, this was stated eloquently: I am not so much afraid o f what the p o liti cal controls w ould do, because I assume th a t they w ould have an adequate respect fo r this in s titu tio n . But I am saying th a t the fundam ental im portance and value of the Federal Deposit Insurance Corporation is psychological; it is the fa ith th a t fo r 15 years America has demonstrated it has in this in s titu tio n . A t the m om ent when the FDIC is about com pleting $1,000,000,000 of earnings o f its own, so that it can elim i nate all G overnm ent capital at this tim e when there is a b illio n dollars of money available in the Treasury of the FDIC, if the American people read that, at long last, in Washington something is going on which indicates that the p o litica l powers are rest less and w ill remain restless u n til they can get their hands upon this great in stitu tio n , the effect w ill be most deplorable. [Emphasis added.] In the brief span o f 14 years, the Federal Deposit Insurance C orporation has banished the fear o f bank failures fro m the minds of the public. It has blazed the trail from hoarded currency hidden in mattresses and tobacco cans to the present tim e when no one doubts th a t his bank deposit w ill be repaid, if not by his bank, then by the Deposit Insurance C orporation. No longer do broken people gather before the closed, cold doors of a failed bank and ponder their plight w hile reading the fatal notice an nouncing the appointm ent o f a receiver. Instead, when a bank closes, the depositors calm ly await the arrival o f the claim agents of the Federal Deposit Insurance Corpora tion who, in a brief period of days, pay o ff their claims in cash. From the outset, the Corporation has operated successfully and, as a banker, a fo rm e r Government o fficia l, and a businessman, I have always believed ports and financial statements published by the FDIC constantly assure the public that the financial affairs of the FDIC are in order. Second, our performance has proved that the Corporation can deal effectively w ith closed banks. Third, the confidence of the public in the FDIC was shown by the total absence of lines out side the doors of Franklin National Bank, U.S. National Bank, or Hamilton National Bank when those banks closed. Before the FDIC was created, "runs" on banks were commonplace; now they are practi cally nonexistent. We believe the Gallup poll I referred to earlier accurately rep resents the confidence the public has in the FDIC. Finally, the public knows that decisions at the FDIC are not wrongly influenced by the political process since it is an independent agency, not supported by tax funds and not subject to the appropriations process. Change is un necessary, unwarranted, and may, in fact, weaken the confidence the public now has in the FDIC. Again, referring to com ments of Senator Vandenberg in the debate referred to before: . . . No one has yet had the tem erity to pro pose that the Federal Reserve System should be robbed o f its independence and subordinated to a p o litica l bureau of the Government. Yet, here is an in s titu tio n 132 F E D E R A L DEPOSIT INSURANCE CO RPORATION that an organization w hich is operating successfully should not be disturbed or upset by forcing it to change its method of transacting business. To unnecessarily de prive the Federal Deposit Insurance Cor p oration o f its independence and fle x ib ility which its corporate structure was designed to furnish, as is proposed in the pending measure, would, in my opinion, be a very grave mistake. Former Chairman Wille made much the same statement testifying before the Subcommittee on Financial Institutions Supervision, Regulation and Insurance on his final day as Chairman of the FDIC: It is no accident, in m y judgm ent, that the three Federal bank agencies have remained over the years relatively untouched by p o li tical scandal or in tim id atio n . I fear, how ever, th a t this track record could be substan tia lly altered if the proposed Federal Bank ing Commission and the FDIC were to be placed on an appropriated funds basis, sub ject in the firs t stage o f the process to the tender mercies o f the W hite House and the O ffice of Management and Budget and in the second stage to the varied interests of individual Congressmen. The practical effect of the appropriations process w ould be to give the po litica l operatives o f the White House and the Congress substantial co n tro l over the personnel, the day-to-day opera tions, and the legislative p o sitio n s** taken by the commission and the FDIC, and I need not remind you how sensitive many o f these agency decisions can be. * * * My own suggestion fo r change is, as I say, legislative oversight and post-audit by the GAO under specified conditions of co n fi den tiality. I th in k we must have account a b ility , b u t I tru ly believe that w ith the thousands of very sensitive and im portant decisions made by the bank agencies on which many financial interests ride, that it would be a mistake to go through the p o liti cal process o f appropriations reviewed by the White House and then by the Congres * * l n this respect, insofar as the OMB is con cerned, the im position o f the appropriations procedure on the FDIC could have the prac tical effect of n u llify in g recent legislation which expressly exempted the FDIC from obtaining OMB clearance before subm itting its positions on legislative matters to the Congress. sional committees. I believe that this w ill lead to co n tro l over personnel and legisla tive positions and possibly even regulatory decisions themselves. * * * It was no secret that during the years o f this past A d m in istra tio n and the affairs of Watergate significant efforts were made on the part o f the W hite House to place partic ular personnel in some o f the agencies of government, who were loyal above all things to the incum bent President. I th in k it is clear that the O ffice o f Man agement and Budget has used its power to rec ommend budget levels in an e ffo rt to con trol the policy direction of agencies. And, in many cases, I th in k this is appropriate. When you have a regulatory agency, I have severe question that that is appropriate. I also believe th a t the tem ptation may exist to try to influence the actual decisions that the agency must make on individual applications. To summarize, therefore, our opposi tion to including the FDIC under the appropriations process is based on (1) a deep concern for the integrity of the deposit insurance program and the inde pendent dedicated fund which supports that program, (2) a fear that public confi dence in deposit insurance might erode if the finances of the Corporation become politically controlled, (3) a strong desire to continue the present ability of the FDIC to make its decisions, many of which are extremely sensitive, on an objective, nonpolitical basis, and (4) a need to maintain fle x ib ility in our fi nances to cover expenditures which may be predictable or unpredictable. The Corporation feels that the recent agree ment reached with the General Account ing Office permitting operational audits by the GAO provides thorough oversight ability to Congress w ithout the ancillary dangers associated with subjecting the FDIC to the appropriations process. I am taking the liberty of sending copies of our views as expressed in this letter to the other members of the com mittee. I hope they are helpful to you and the other members. STATEM ENTS BY CORPORATION DIRECTORS Address by Robert E. Barnett, Remarks on the Economy, Banking, and Bank Regulation* We have been going through a period in which problem banks and failures have received more public attention than we have been used to. Even those of us who are in favor of increased disclosure by banks have been unhappy with those news stories which have been exagger ated, out-of-date, or simply inaccurate. I may just be overly sensitive on this, how ever, since there is substance to the impres sion one gets from them and from the accurate stories also published during this period. Our problem bank list is longer than it has ever been and it does include some sizable banks. Bank loan losses were up dramatically last year and were more than double the figure for just 2 years ago. I cannot explain everything that has happened to banks in the last 2 years. I have not seen any complete explanations for the very significant increase in bank problems that accompanied the recent recession. Unlike some observers, I do not find that the performance of the bank regulators, including the FDIC, is the cause of the problems, although had all of us done our jobs better, perhaps we could have blunted the impact on some individ ual banks—more about our role later. What I want to do today is to set out three factors which I think account, at least in large part, for the severity of our recent problems and to discuss briefly the implications of these events for bank supervision. While I might make a predic tion or two, this is not a speech about what is going to happen as much as about what has already occurred. The major strands in the explanation for the increase in bank losses and in the number of problem banks include, first of all, the 1974-75 recession; second, a gen *Presented before the 92nd Annual Convention o f the Texas Bankers Association, El Paso, Texas, May 3, 1976. 133 eral trend toward greater risk-taking on the part of the banking system that goes back a fairly long time; and third, some unusual peculiarities of the recent eco nomic and international situation. The 1974-1975 Recession It is important that we not under estimate the relationship between the economy and bank performance. Some analysts and reporters seem to assume that banking should be immune to the general trends and problems of the econ omy. But that seems an unreasonable standard for banks. The 1974-75 reces sion was much more severe than anything our economy has experienced since World War II, whether measured by decline in GNP or industrial production or increase in unemployment. Since banks play such a major role in our economy, we must expect the health of banks to mirror that of the economy as a whole. In periods of economic decline, the profits of business firms fall and the number of firms en countering financial difficulties and fail ure always increases. This w ill be re flected in nonaccruing loans and loan charge-offs at commercial banks. If this were not the case—if banks were only making loans to firms whose financial condition was so solid that even a severe recession would not affect their ability to pay—then the banks would not be doing their job. I think most of us can agree that banking involves taking moderate risks on individual credits, though we expect that a well-managed, diversified loan and investment portfolio will keep overall losses at reasonable levels. Main taining that portfolio, however, is hard to do when there is very substantial weak ness in the general business environment. We have reviewed the figures on loan losses of commercial banks over the last 25 years and we find a definite cyclical pattern. The pattern is not perfect, partly because we only have loss data on an annual basis and partly because banks do exercise some discretion with respect to the timing of charge-offs. Essentially, we 134 F E D E R A L DEPOSIT INSURANCE CORPORATION have found that the percentage of loans charged o ff does increase during periods of business recession. This has been true in all of our post-war recessions—1949, 1954, 1958, 1960, 1967, 1971, and 1975. The year of recovery following those recessions always produced a reduc tion in the loan loss ratio. Of course, we don't know yet whether that will turn out to be the case for 1976, but if the pattern of these past 25 years continues then I would expect the loan loss ratio to decline this year. While the pattern is rather clear, the magnitude of these year-to-year changes in bank loan losses was actually modest until we get to around 1970. I think that reflects the fact that the economic de clines themselves were relatively modest. In fact, most of our recessions of the last 25 years really were slowdowns in the rate of growth of GNP rather than an actual year-to-year decline in the econ omy. Thus, it is not surprising to me that during the period of our most severe post-war recession, we should have a sig nificant increase in bank loan losses and a significant increase in the number of banks on our problem list. Risk-Taking in Banking during 1960-1976 Once I have said all this about the im pact of the economic situation on banks, I am still left with the belief that the data on loan losses suggests more than a cycli cal phenomenon. The extent of bank problems in the last 2 years was certainly influenced by this recession, but it also reflects some more basic and longlasting characteristics. I believe this squares with our general assessment of what has been happening in banking. Let me suggest a few numbers that illustrate this general trend. The I oan-to-deposit ratio of large banks was about 56 percent in 1960 and 68 percent in 1975. The ratio of equity capital to assets of large banks was over 8 percent in 1960 and under 6 percent in 1975. The ratio of cash and U.S. Govern ment securities to assets was over 40 per cent in 1950 and about 25 percent in 1975. These are significant differences in meaningful ratios. Since the early 1960s, many banks, and particularly the large banks, aban doned their traditional conservatism and began to strive for more rapid growth in assets, deposits, and income. "L ia b ility management" became the essential phrase in the modern banker's lexicon. The larg er banks also began pressing at the bound aries of allowable activities for banks. They expanded into fields which some felt involved more than the traditional degree of risk for commercial banks. These activities included direct lease fi nancing, credit cards, underwriting of revenue bonds, foreign operations, and others. This list of activities and the bank financial ratios I cited reflect a general trend toward increased aggressiveness and increased willingness to bear risks on the part of the banking system in general and large banks in particular. The holding company movement of the 1970s cer tainly accelerated these developments, though most of the activities of bank holding companies could also be, and were in fact, engaged in by banks di rectly. I am assured by our FDIC exam iners that this increased aggressiveness showed up in lowered credit standards as well. During the 1960s, banks generally were not noticeably harmed by the diver sification of activities, the movement toward greater risk in their own financial structure, and lowered credit standards. After all, the early and mid-1960s rep resented a fairly extended period of rela tiv e ly stable growth and moderately stable prices. The first half of the 1970s proved to be a much tougher economic environment in which to operate. Even apart from the recession of 1974-75, we should not minimize the impact on banks of operating in periods of very tight cred it, very high money costs, and extremely STATEM ENTS BY CO RPO RATIO N DIRECTORS erratic movements in commodities and other prices. These factors affected not only the banks directly, but also the sta bility and predictability of business oper ations, and that, in turn, had its impact on the repayment of bank loans. I have mentioned some financial ratios and changes in activities that specifically apply to large banks. Many would argue that small banks have changed much less dramatically than larger institutions, and the loan loss data support this view. Dur ing the 1950s and 1960s, smaller banks generally had higher loss ratios than the larger institutions. That pattern clearly has been reversed in the 1970s. The loan loss ratios have been noticeably higher for larger banks over the last few years. This has been due in part to some failures of major corporations with substantial bank lines from large banks, in part to the large banks' greater exposure to construction lending and mortgage banking, and in part to their greater willingness over this period to finance new and sometimes untested operations or ideas. Moreover, since the large banks tend to have higher loan-to-asset ratios, their earnings tend to be more sensitive to loan losses. The two factors I have mentioned in explaining the increase in bank problems, the general state of the economy and the increased willingness of banks to bear risk, are clearly interrelated. The in creased aggressiveness of the banks would probably not have shown up to the same extent in increased problems if it had not been for the decline in the economy. Likewise the third factor I wish to ex plore is related to the general state of the economy as well. Unusual Characteristics of this Period In recent years, in addition to the general decline in economic activity, we have had some special problems. Some are directly related to the economy; some are unusual, one-shot events. These in clude such factors as the tremendous in crease in energy costs, rapid rise in food 135 prices, record high interest rates, and very severe problems in the real estate market. Let us look first at the real estate problem, since many of our bank failures and major problems for the past 2 years have had severe real estate loan problems. While real estate markets have turned or appear to be bottoming out in many areas of the country, real estate loan problems in some areas may be with us for some time. It is d iffic u lt to tell what amount of nonaccruing real estate or REIT loans have been written o ff thus far, and what the ultimate write-offs w ill be on the vol ume of these loans presently on bank books. Some analysts expect that REIT loans still on the books of the banks will result in losses of up to 25 percent. While this figure seems high to me, even the more optimistic imply ultimate losses still to be taken by the banks over a period of a number of years w ill be in the order of a billion dollars. In some instances, loan swaps and refinancing have forestalled or eliminated immediate charge-offs, but these have been at the price of taking on long-term, low-yielding assets, which may penalize long-term earnings. It is possible, therefore, that bank loans to REITs will be a drag on the earnings of some large banks for several years. If successful, however, these work-out programs may reduce the number of REIT failures and lower future losses on REIT loans. Why all the real estate loan problems? One answer given is that land booms are accompanied and fed by forces associated with price appreciation and "can't-miss" projection that feed on themselves. Be yond this, I think banks as lenders and as managers of REITs through holding com panies deserve a considerable share of the blame. High rates on construction loans and REIT fee arrangements that encour age volume purchases and sales undoubt edly contributed im portantly to a loss of perspective on loan quality. Too many projects required overly favorable sales or occupancy to break even, and though I 136 F E D E R A L DEPOSIT INSURANCE CORPORATION recognize that the following is easy to say as a matter of hindsight, the lender's tra ditional restraint on the developer's per petual optimism was not present. In many cases, bank real estate lending of ficers were too young and inexperienced to remember past periods of real estate lending problems. There have been some well-conceived projects that ended up with foreclosures and bankrupt builders. These have been due to the general weakness of the econ omy, greatly increased building costs, and much higher energy costs, all of which contributed importantly to the failure of many real estate ventures that appeared sound when they were conceived. Very high interest rates added to the burden of carrying nonearning assets and acceler ated bankruptcies. Now the economy is on the rise and money for permanent financing seems plentiful. Many of these projects w ill be bailed out by the rising tide of the economy and, in the longer run, perhaps by inflation. Some of the real estate developments, however, were poorly conceived to begin with. In some instances, costs were just too high for the market and sizable losses will have to be accepted. Some of the developments, particularly second-home or vacation area condominiums, were based on expectations of ever-increasing prices and eventual resale at a profit. Once it became clear that owning a con dominium was not a sure-fire route to ever higher and higher values, it became very d iffic u lt to sell any at all. Many of those projects seemed to be based on the "greater fo o l" theory of investment; that is, even if you foolishly pay too much for a piece of property, sometime in the fu ture you will be able to sell it at an even higher price to an even greater fool. Many banks have had problems with loans to REITs and real estate developers. A smaller number of banks have been affected by other particular problems, such as losses on foreign operations and loans on oil tankers. It appears that some of these problems have been greatly ex aggerated. For example, there has been a widely cited figure of American bank vulnerability on oil tanker loans of some thing like $17 billion. It appears now that responsible analysts are saying that the correct figure for American banks is ac tually nearer $3 billion. Or to take another example, many of the loans to less developed countries that have been cited as a potential problem for large banks appear to be loans to foreign sub sidiaries of AA A U.S. corporations. Nevertheless, these special problems, combined with the decline in the econ omy and the increased vulnerability of some banks, have led to increased loan losses and a larger number of problem banks. Significance of these Problems Loan losses need to be viewed w ithin the context of a bank's overall ability to absorb such losses through earnings and through reserve and capital accounts. I have mentioned the decline in bank cap ital ratios and the increase in loan-todeposit ratios, particularly for the large banks. Some of the decline in capital ratios has been the result of rapid growth of foreign operations, increased reliance on purchased money, holding company acquisitions, and inflation, all of which contributed to rapid deposit growth for all banks. During the past year or so, however, many banks have made con siderable progress in reducing their vul nerability. Bank capital increased faster than deposits last year and as a result, capital ratios rose. The deposit mix of banks, and particularly large banks, has improved considerably from the stand point of cost and stability. Banks have not bid aggressively for CDs, allowing a sizable runoff. Thus, while bank deposits have increased by over 7 percent since the end of 1974, that increase occurred de spite a sizable reduction in large CDs. Bank loans are virtually unchanged from year-end 1974, whereas holdings of U.S. STATEM ENTS BY CO RPO RATIO N DIRECTORS Government securities have increased by about $40 billion. Thus, the banking system is clearly in a more liquid and less vulnerable position than it was a year or so ago. There is also reason for optimism when we look at bank earnings. In the aggregate, bank earnings have held up fairly well during this very d iffic u lt pe riod. Bank earnings rose by about 2 per cent last year, making it one of the few industries to show an increase in earnings during the recession. But that average in crease masks some wide variations. Along with some sizable gains, there were a lot of moderate gains and some very sizable declines. Despite weak commercial loan demand and declining loan rates, banks generally maintained their spread be tween gross earnings and money costs. Money center banks actually improved their spreads. Banks experiencing the worst year-to-year comparisons generally did so because of loan losses. Loan losses have come to be a major factor in determining bank net income. This is quite different than the situation only a few years ago when bank loan losses had a negligible effect on bank earnings. The increased importance of loan losses is shown in a recent report of Keefe, Bruyette & Woods, Inc., a leading bank stock analyst, which reported an average ratio of net loan losses to out standing loans of .65 percent for 82 large banks in 1975. There was considerable variation among banks and among re gions. The percentage for 10 New York banks was .72 percent and for 10 south ern banks the figure was 1.1 percent. It was lower in the rest of the country and only .41 percent for five large banks in Texas. It is d iffic u lt to predict bank earnings for this year. First quarter reports seem to indicate that most banks have declines as compared with last year. That reflects lower loan volume and lower interest rates as compared with the first quarter of last year, and an increased tendency of 137 banks to spread out loan charge-offs throughout the year rather than concen trating them heavily in the last quarter. While it is hard to forecast the balance of the year, since much will depend on loan demand and interest rates, I would expect comparisons w ith last year to get better throughout the year. I would also expect to see some improvement stemming from a reduction in loan losses. Relationship to FDIC Problem List and Supervisory Implications The trends I have described so far have been reflected in our list of problem banks. The FDIC's problem list, which includes national banks and State mem ber banks as well as nonmember banks, now totals about 370 banks. That num ber was increasing steadily all during 1975 but now appears to be leveling off. While that is only about 2Vi percent of all insured commercial banks, it is neverthe less at its highest level in 25 years. We have compared figures of our prob lem list with data on the economy as a whole, in much the same way we did with loan losses, and found again a meaningful relationship. However, whereas loan los ses appear worst just when the state of the economy is worst, our problem list tends to lag by an average of about 12 months. This should not be surprising since there tends to be a lag in the exami nation and analysis process and since our own examiners are not apt to be com pletely insensitive to recent economic and financial developments. Thus, it is not surprising that now, about a year from the low point in the recession, we are at a high point on our problem list. If the c u rre n t relationship follows previous experience, I would expect the number on our problem list to get smaller later on this year. Not only has the banking system got ten considerable attention over the last year or so, so has the bank supervisory system. There are those who say or imply that inadequate bank regulation was the cause of so many banks being on problem 138 F E D E R A L DEPOSIT INSURANCE CORPORATION lists. That misses the point, however, since it is good bank regulation and super vision that spot the banks that are in trouble and puts them on lists for closer s u p e rv is io n . The question probably should be, could better regulation and supervision have prevented banks from reaching a condition which required closer supervision by bank regulators? What are the implications of this eco nomic cycle analysis of bank problems for bank supervision? It is my view that bank supervision as we know it in the United States, as opposed to its characteristics in other countries such as Japan, is limited in its ability to dictate the soundness of the banking system. It appears that a con siderable part of the bank problems in the last couple of years has been due one way or another to the general state of the economy. That is clearly a matter beyond the control of the process of bank super vision. Some of the problems have been due to specific unpredictable events like the rapid increase in oil prices and a re sulting decline in the demand for oil and oil tankers. It would have been nice if we had been able to anticipate and prevent the debacle of the REITS, for example. In view of the vast number of financial experts who failed to foresee these prob lems, I don't think it is surprising that bank supervisors failed also. There is one area, however, in which we do have an ability to lessen the impact of the business cycle. We must be very careful in this area, however. It is the one covering bank attitudes toward risk and the willingness of bankers to increase loan ratios and decrease capital. We are giving more attention to these matters at the present time, and we will continue to demand more capital from banks inade quately capitalized, as well as demand that loan, investment, and operating poli cies and practices be reasonable ones. We have so informed members of the two b a n k in g committees which have ex pressed concern over capital adequacy. We are analyzing trends rather than static pictures much more intently than we did in the past. Computers are whirring con stantly as we try to find ways to discover problems sooner. We are looking much harder at management and are willing to step in quicker with formal orders requir ing action on management's part. We've asked Congress for more powers to deal not only with dishonest bankers but grossly negligent ones. We recognize, however, that banking is a risk-taking business and we must rely on market forces, on management, and on owners, in addition to our supervisory judgment, to determine the appropriate degree of risk for individual banks. I do not believe that even the most outspoken critics of banking and bank regulators want the regulators to run the banks rath er than the bankers. We can all agree that that is not our function. If we are too intent upon preventing all bank failures in our regulatory posture, we may have some success in shortening our problem lists, but the conservative banking philos ophies we would have to adopt would retard the progress of the economy. So attempting to prevent all bank failures is not our function either. In some cases, government policy, which I endorse, has encouraged a shift toward a riskier bank ing posture. We have issued regulations on "leeway investments" which have broad ened the types of investments that can be made. By disapproval of redlining and promoting the concept of equal credit opportunity, we have actively pushed banks into lending that they may feel (though I do not necessarily agree) is more risky. The FDIC has been in the vanguard of those who insist that the Bank Merger Act be interpreted to permit more competition between banks: this approach has as its corollary an unwilling ness to protect competitors from the results of com petition—i.e., one wins, one loses. Frankly, I believe that the FDIC and the other regulators have done an excel STATEM ENTS BY CORPORATION DIRECTORS lent job of bank supervision during the past 2 or 3 years after the magnitude of the problems became apparent to us. Very large bank failures have been re solved by the Corporation working close ly with the Comptroller of the Currency or the Federal Reserve System w ithout the loss of a dime to any depositor and with only minimum disruption in the communities affected. Compare that with the result of the bank panics in the '20s or early '30s! The Corporation and the other regu lators should be praised, not berated, for this performance. The jury is still out, however, on the question of prevention. Somehow, the regulators must do a better job of carry ing out the full range of responsibilities given them by Congress, some of which have only limited direct effect on safety and soundness; must spot problem situa tions earlier; must be willing and able to move in more quickly with effective en forcement action; and must do all of this w h ile recognizing that our economy needs the initiative, ingenuity, and aggres siveness of free enterprise and competi tive banking. In any case, I believe that the move ment since 1960 has been essentially healthy, though it may have gone too far in some respects. Overall, the system is not in bad shape and I do not think we have to be apologetic. Some individual banks made mistakes and have suffered for those mistakes. I would have pre ferred it if we could have spotted those individual situations earlier, and perhaps corrected them. No one, particularly a bank regulator, likes to see a bank fail. But the role of banking supervision in general, and certainly of the FDIC, is much more oriented toward soundness in the banking system and maintenance of 139 confidence in that system rather than protecting individual banks. While I rec ognize the interrelationship of the two concepts, it should be kept in mind that they are different. As long as banking is part of the competitive enterprise system, there will be bank failures. What the FDIC has done, however, is cushion the shock of a failure, and we've done an excellent job there. I am sure you have all seen the recent Gallup Poll which showed that 93 percent of Ameri cans with bank accounts feel their money is safe there. This comes after intensive bad publicity about bank problems, and soon after the largest bank failures in our history. Frankly, we feel that this over whelming display of confidence is a direct result of the FDIC's efforts over the years. Any suggestions that the oper ations, funding, or control of the Cor poration be changed must deal w ith the possibility that this confidence may be eroded. We certainly can improve our policies and our operations in many areas, and I intend to explore the possibilities during my term as Chairman of the FDIC. We cannot completely sever the links, how ever, between the performance of the economy and the performance of the banking system. If the economy con tinues to improve, next year w ill prob ably be a very good year for banks. I suspect that banks will be somewhat more cautious in their lending policies than was the case during the past few years. We will be more cautious as well and view unusual situations much more skeptically than 5 years ago. Whether or not that caution w ill prove warranted, or perhaps overdone, will depend in great part on the performance of the economy in the years ahead. 140 F E D E R A L DEPOSIT INSURANCE CORPORATION Address by George A. LeMaistre, on bank regulatory reform* Large bank failures and economic strains have focused attention on the banking industry and our system of bank supervision and regulation to a degree not seen since the '30s. Beginning w ith the speech given by Arthur Burns of the Federal Reserve at the American Bankers Association Convention in 1974 in which he decried what he termed a "com peti tion in la xity" and described the existing regulatory framework as a "jurisdictional tangle that boggles the m ind," the issue of bank regulatory reform has never been far from the attention of either the bank ing committees in Congress or the bank ing agencies themselves. A myriad of pro posals has been put forward, untold hours have been consumed in discussion, numerous speakers have pontificated, reams of paper have been produced, and, finally, what should have been a careful analytical exploration degenerated into a personal political vendetta. I do not need to tell you the outcome: after much sound and fury, the issue of bank regu latory reform is dead in the 94th Con gress. Nevertheless, I think it is desirable to reflect on the subject of regulatory re form in the banking context, since, like it or not, governmental and regulatory re form seems to be an idea whose time has come. When I talk with businessmen, bankers, and even consumer advocates around the country, I hear one persistent complaint: profound dissatisfaction with the pervasiveness of governmental inter vention in our day-to-day affairs and with the reams and reams of paper that are required to effect even the simplest and least controversial of transactions. The extent of this concern has been one of the dominant themes of the current Presi dential election campaign. *Presented before the 86th Annual Conven tio n o f the Arkansas Bankers Association, Hot Springs, Arkansas, May 17, 1976. The issue posed by this dissatisfaction is not a simple one. Most informed people share the recognition that our economy is too large and complex to function prop erly w ithout some governmental super vision or regulation. For example, while some might disagree with the direction of monetary policy at a particular time, few would deny the need for a mechanism to control the quantity of money in the system. Similarly, although one may dis agree w ith the specific policies of many environmentalists, the absence of some controls over the disposal of commercial waste and other pollutants would lead to disastrous consequences in a highly indus trialized society such as ours. And finally, by way of illustration, there is, I believe, general agreement that some surveillance and supervision of the operation of indi vidual banks is required to avoid an exces sive number of failures that would create economic instability. Accordingly, the problem is not that regulation and supervision of economic and commercial affairs is inappropriate, but rather that regulation often outlives the problem it was intended to address; that we do not always take sufficient care to choose the least costly means to achieve the desired end; and that, often, regulation results in unanticipated conse quences which can be more severe than the problem which regulation sought to remedy. It is not surprising, however, that these problems are so rarely dealt with effec tively. All too often those who are regu lated, while screaming loudest about the sanctity of an unfettered free enterprise system, grow comfortable in their regu lated environment and resist mightily when any serious e ffort is made to de regulate. Similarly, regulatory bodies ac quire a vested interest in their own ex istence and the " t u r f" which they regu late which prevents their objective assess ment of the regulatory policies which they pursue. As a result, governmental agencies are often loathe to engage in c rit STATEM ENTS BY CO RPO RATIO N DIRECTORS ical self-examination. And finally, it must be acknowledged that while it is possible to deal with these issues with some ease in the abstract, real-world solutions are not easy to produce. In part, this is a con sequence of practical politics and the fact that any change in the framework of an industry's regulation may lead to signifi cant short-run dislocations or adjustment costs. A t least as important, however, is the simple fact that answers to many of these problems are extremely d ifficu lt to discover. These factors provide a partial expla nation of why the results of bank regula tory reform efforts were so disappointing in the 94th Congress. Notwithstanding the difficulties, however, I believe that it is im portant—and perhaps crucial—that bankers and bank regulators develop a systematic and reasoned approach to regulatory reform. In my judgment, the failure to develop such a positive ap proach w ill have several adverse conse quences. A golden opportunity w ill be lost to deal in a meaningful way with the problems of excessive and inefficient regulation, and to highlight the unin tended ill effects and hidden costs of regulation. Similarly, an opportunity will be lost to remedy certain demonstrable inadequacies in the present supervisory framework. And finally, I think that it is critical that we not opt out of the process of shaping the changes which are both inevitable and bound to affect us deeply. In the time which remains, I would like to identify some of the elements of such an approach, and to suggest some of the changes which might flow from this analysis. I hasten to emphasize that these remarks are not intended to be a compre hensive or definitive plan but are rather a tentative effort to suggest an orderly way of thinking about regulatory reform—an effort which I hope to refine substantially in the months ahead. First of all, remedies should be devel oped which respond directly to inade quacies and abuses which are demon 141 strated by careful analysis of the facts, rather than to empty phrases such as "com petition in la x ity ." In my judgment, the failure of recent legislative efforts to focus upon specific, demonstrated short comings of the system insures that at least one serious flaw w ill be with us for at least two more years. Recent events have illustrated that the existing framework for the regulation and supervision of bank holding company systems is not only unduly costly because of the overlapping and conflicting juris dictions involved, but also in some in stances simply has not functioned prop erly. In three of our largest bank failures in the past 18 months—the insolvencies of the $ 1/2-billion-asset Hamilton National Bank of Chattanooga and the $175million American City Bank of Milwau kee, and the distressed merger of the Palmer National Bank of Sarasota—the cause of bank failure was not abusive self-dealing, which from 1960 through 1973 was far and away the predominant cause of failure, but rather massive unsafe and unsound lending practices occurring in the essentially unsupervised environ ment of a nonbanking holding company affiliate. The failure of the Hamilton National Bank of Chattanooga—a vener able, traditionally conservative, well-run institution—is the most graphic and tragic illustration of this phenomenon. But for $80 m illion in mortgages initiated by an Atlanta-based mortgage company affiliate over a period of months and dumped on the bank, the bank in Chattanooga would be in existence today. These cases illustrate two points which should be recognized by both the banking agencies and the Congress. First of all, the notion that one segment of a holding company operation can be insulated from the remainder of the system is quite sim ply a myth. It is the worst form of selfdeception to think that the lead bank i*n a holding company is in a safe and sound condition because its last examination was satisfactory if other facets of the 142 FE D E R A L DEPOSIT INSURANCE CO RPO RATIO N holding company system are not under going equally rigorous scrutiny. (I should emphasize parenthetically that I am not an advocate of more stringent portfolio supervision. Quite the contrary.) Rather, my point is that when holding companies were allowed to proceed in a manner that would be unacceptable in a commercial bank, some of them were encouraged, in effect, to hide enormous risk. The second point flows from the first. That is, it simply makes no sense for as many as four bank regulatory agencies to have safety and soundness jurisdiction over various segments of an integrated business enterprise. Inevitably, this ap proach w ill be at times conflicting and uncoordinated. Accordingly, as an individual involved with the agency concerned with the ad ministration of the deposit insurance fund, I would rate the fragmented and ineffectual framework of regulating hold ing company systems and not some vague notion of "com petition in la x ity " as the most profound cause for concern in our present supervisory structure. As has been suggested by others, including Comptroller of the Currency Jim Smith, this problem could be remedied by charg ing the supervisor of the lead bank with the primary supervisory responsibility for the entire system, including the holding company itself. Even if it were not possible to illus trate the adverse consequences of the present framework in concrete cases such as the Hamilton failure, such a framework should be rejected both because of the governmental waste that results from the unnecessary duplication of effort and because of the burden imposed upon the banker, who must deal with four bank regulators as well as the SEC, the Justice Department, the FTC, and miscellaneous other regulatory bodies. This brings me to what seems to me to be a second element of any serious at tempt to reform a regulatory framework: that is, a concerted e ffo rt should be made to eliminate redundancy and overlap w ithin the framework of regulation that applies to an industry. Although many of the regulatory reform proposals which surfaced recently purported to rationalize the bank regulatory structure, some of the most notable instances of duplication and inefficiency were largely ignored. In my judgment, the existing system of review under the Bank Merger Act rep resents a classic example of a regulatory process which, although benign, is redun dant, time-consuming, and unduly costly. As you know, our present system of re view of the competitive aspects of a merg er has three elements. Under the statute, the primary Federal regulator is charged with the responsibility for considering both anti-trust and banking factors in determ ining whether a given merger should be approved or denied. Second, each of the remaining two Federal bank ing agencies and the Justice Department are required to file with the primary regu lator its own analysis of the competitive implications of the merger in question. Finally, after approval by the banking agency, Justice may, within 30 days, sue to overturn the merger on anti-trust grounds. This system was designed by Congress ostensibly to obtain uniform application of the act. Moreover, on paper at least, the system seems a good example of how checks and balances can be built into governmental processes. Yet, in fact, the record as developed and reviewed by the Senate Banking Committee this session reveals that uniform ity has not been the result. And I can personally testify to the fact that the advisory opinions contribute little, if anything, in the way of facts or analysis that is not brought to our atten tion by FDIC staff. Thus, the net effect of this process is, in my judgment, that the energies of bright competent people are consumed in a meaningless task and that more paper is circulated in a city already choked with it. The redundancy, it seems to me, could STATEM ENTS BY CO RPO RATIO N DIRECTORS be remedied w ithout altering the present application of the law. A t the very least, the requirement of the extra competitive factor reports should be eliminated. How ever, I would go a step further, and rec ommend simply that the primary bank supervisor and the Justice Department be given notice of the intention of two banks to merge. The bank agency would have the responsibility of reviewing the merger from a safety and soundness point of view and the Justice Department would review the competitive factors. If, in the judgment of the banking agency, the merger was defective in terms of banking factors, then the agency would have the authority to prevent it. The Jus tice Department could, as it does now, file suit under the anti-trust statutes to stop the merger w ithin the time period. Another area of redundancy has been underscored by the recent highly publi cized efforts of the SEC with respect to disclosure of financial information by large holding companies about to go to the market with debt issues. Congress made a determination that banks should be exempt from the registration require ments of the Securities Exchange Act of 1933. That decision was undoubtedly based on the belief that the special ex pertise of the bank supervisors would better protect investors, on the idea that the disclosure of the sort mandated by the securities laws was incompatible with the maintenance of confidence in the banking system and, perhaps, on the political clout of banks at the time. Whatever the reasons underlying this scheme or its merits, the rapid evolution of the holding company and its dom inance of banking have served to n ullify it. So long as holding company systems finance through the holding company rather than the bank—and that has been one of the attractive features of the mechanism—bank exemption from SEC jurisdiction is meaningless. Accordingly, it seems to me that Congress should face up to this fundamental anomaly in the 143 law and vest jurisdiction for the protec tion of investors in bank securities in either the SEC or the banking agency or agencies. The failure to do so w ill, it seems to me, lead to further duplication of time and effort as well as further con flic t and confusion. I have focused upon the administra tion of the securities laws and the Bank Merger Act not so much because the redundancy involved in each leads to "bad" or ineffective regulation, but be cause they illustrate so clearly the extent to which we have all come to expect, and live easily with, needless and wasteful government when the same resources could be employed to achieve meaningful and needed results. A t best, as in the re view of merger cases, the result of dupli cation and overlap in governmental func tion is waste and inefficiency w ithin the government. A t worst, as in the area of holding company supervision, the result is increased costs and burden upon those regulated and their customers, confusion of responsibilities, and, most importantly, regulation which is far less effective than it might be. Finally, and most importantly, any serious e ffort at regulatory reform must be based upon an analysis of the objec tives and functions of the entire bank regulatory framework. Congress has as signed to the banking agencies and to other agencies of the government such as the Justice Department, the FTC, and the SEC a host of functions, including, among others, the promotion of eco nomic stability through the administra tion of monetary policy, the protection of the safety and soundness of the bank ing system and individual banks through bank examinations and supervision, the protection of investors and the securities markets through fair and adequate disclo sure under the securities laws, the pro motion of competition, the protection of consumers, the enforcement of antidiscrimination laws, the regulation of interest rates paid on deposits, and the 144 F E D E R A L DEPOSIT INSURANCE CO RPORATION amelioration of the effects of bank fail ures when they do occur. As even the recitation of this partial list suggests, bank regulation is m ulti faceted. All too often these several goals conflict, necessitating trade-offs among them in terms of both the allocation of resources and the resolution of disputes. In order to understand, much less intel ligently reform, the structure and content of bank supervision and regulation, each of these functions and its relationship to other functions should be fu lly compre hended and evaluated. Indeed, I think that it is quite likely that much of the re c e n t controversy surrounding bank supervision is the result of misunderstand ing, confusion, and submerged disagree ments as to the relative weights which are to be accorded the different functions involved in bank regulation. While this evaluation of each of these functions is a tedious and d ifficu lt process—and one for which the political crucible of Congress is especially ill-suited—it is in my judgment essential if regulatory reform is to lead to anything but disruption of a system that—by and large—works. In conclusion, I would simply like to reiterate what I suggested earlier. The cur rent Presidential campaign confirms what we should have already known: that re form of our governmental and regulatory processes is an idea whose time has come. Knee-jerk opposition to change will not prevent its occurrence, but may serve to exclude the opponents from participation in shaping that change. I sincerely hope that we as bankers and bank regulators will have the foresight to deal with the issues involved in an orderly and analyt ical way. If we do, I am convinced that the net result w ill be a regulatory frame work that is less burdensome and more effective and an industry which better serves its customers. STATEM ENTS BY CO RPORATION DIRECTORS Address by Robert E. Barnett, Enforcing the Fair Housing Lending Law* Since becoming Chairman of the FDIC several weeks ago, I have received many invitations to speak. I have turned down most of those invitations because I have felt that it is important to spend as much time as possible at my desk during this early period. However, I was happy to accept this invitation to speak at the NAMSB convention. The FDIC is the only Federal supervisory agency for the savings bank industry, and savings banks comprise about one-third of the deposits of all banks examined by the FDIC. Happily, from both our points of view, savings banks give us much less than their proportionate amount of supervisory problems. Today I would like to say a few words about our view of the condition of the savings bank industry and also our anal ysis of the current year's outlook. I then will turn to my major topic today, fair housing lending. Attention has been given in recent weeks to a decline in the surplus position of mutual savings banks. In our view, this decline, which we see as a relatively in significant one, has been a result more of the problems associated with inflation than anything else. Inflation has three direct undesirable effects on mutual sav ings bank capital. First, inflation, accom panied by an increase in the money sup ply, results in an increase in the dollar amount of deposits. Second, inflation re sults in an increase in operating expenses. Third, inflation is accompanied by high interest rates, which increase the interest expense of savings banks more rapidly than the interest income from long-term assets. The net result is an inability of savings banks to retain earnings in a suffi cient volume to margin the rapid deposit *Presented before the 56th Annual Conference of the National Association o f Mutual Savings Banks, Philadelphia, Pennsylvania, May 19, 1976. 145 growth. We are concerned, of course, about the continued decline of mutual savings bank surplus ratios. We recognize, however, that the decline in recent years has not resulted from losses or substantial deterioration of asset quality, or from a deliberate movement of the industry to ward a riskier capital position, but instead is simply a reflection of the economic forces that the industry has faced. The last few years have been trouble some ones for the commercial banking industry. One of the most serious prob lems faced by commercial banks has been in real estate lending. This, of course, is the area to which mutual savings banks devote most of their resources. Yet the mutual savings banks have weathered this very trying period of real estate financing virtually unscathed. Commercial bank real estate loan losses are at record levels. Mutual savings bank real estate loan los ses, while up slightly, are still low and no cause for concern. Similarly, a great deal of attention has been paid in recent months to our prob lem list. The number of commercial banks on the problem list is at the highest level since the aftermath of the depres sion. I hope the worst is past with respect to the commercial bank problem list. But the mutual savings bank problem list has caused us almost no concern at all. There are very few mutual savings banks on the problem list, only two or three, and this represents no real change from the situa tion several years ago. Of course, mutual savings banks have gone through a d iffic u lt few years. We expect, however, that 1976 is going to be a near record year for mutual savings bank earnings. Our analysis of first quar ter reports finds the industry moving about on the track we expected. Deposits have been flowing into mutual savings banks at a record pace all year and show no signs of slackening off. Obviously these inflows are sensitive to market in terest rates, and at the present time, the rates offered by mutual savings banks 146 F E D E R A L DEPOSIT INSURANCE CO RPORATION compare very favorably with rates avail able on the open market. We recognize that that might change. Many forecasts anticipate some increase in short-term interest rates over the last half of 1976. But while that may well be the case, we see little likelihood that interest rates will rise fast enough or high enough to result in disintermediation. The deposit inflows, so far this year, have allowed savings banks to greatly improve their liquidity position. This includes both the repay ment of borrowings and an expansion in holdings of short-term securities. Mutual savings banks will turn more heavily to the mortgage market in the remainder of the year, and we expect mortgage hold ings to increase by over $3.5 billion in 1976. Obviously, investment in short term securities tends to penalize earnings in the short run, but there is no question that it has left the industry in a very strong position to meet whatever the future may bring. Not only is there ade quate liquidity to handle the threat of possible outflows, but an increase in in terest rates this time around will find the savings banks with substantial resources which can be moved into attractive highyielding investment opportunities. The improved earnings that the savings banks are experiencing this year are ac counted for by the sizable growth in deposits. Profit margins, while expected to be somewhat higher than in the last couple of years, are still low and are poor in comparison with the more robust prof it margins of the early 1970s. We project net income at .42 percent of assets for 1976 compared with about .35 percent in 1974 and 1975. In 1972 and 1973, the ratio was above .50 percent. Inflation, with its impact on noninterest costs, and the steady rise in the percentage of sav ings bank deposits accounted for by high-yielding term accounts may make it impossible to return to those days of higher p ro fit margins. But a narrower margin on ever-increasing deposit volume may not be an unsatisfactory industry position. I'd like to move now to the question of fair housing lending. A t my confirmation hearing, Senator Proxmire and I discussed several matters. He led o ff with one issue, however, which he returned to at the conclusion of the hearing. That matter concerned FDIC enforcement of fair housing lending laws. I think it fair to infer from the stress he put on that topic that it is his view, and that of the Senate Banking Committee, that the FDIC should give serious atten tion to this matter over the coming months. I was not unhappy with that emphasis because it has been my personal view also that the FDIC should devote substantial effort to assuring that mort gage lending by commercial and mutual savings banks is carried out in a nondiscriminatory manner. I would like to re view the background of this matter with you briefly, and then discuss what we might do about it. In 1968, Congress passed a Civil Rights Act that included a title on fair housing. A section of this act made it unlawful for any financial institution to discriminate in real estate lending on the basis of race, color, religion, or national origin. A fu r ther provision of the act requires "all executive departments and agencies to administer their programs and activities relating to housing and urban develop ment in a manner affirmatively to further the purposes of this title ." In 1974, this act was amended so as to prohibit dis crimination on account of sex in m ort gage financing. The Equal Credit Oppor tunity Act added marital status and age as illegal bases for discrimination. The Civil Rights Act provides a clear proscription against these enumerated discriminatory practices, but does not specifically call for regulations to be is sued by the financial regulatory agencies or spell out other duties or obligations of such agencies with respect to enforce ment. In December 1971, the FDIC is sued a press release giving notice of inten STATEM ENTS BY CO RPORATION DIRECTORS tion to formulate regulations related to the act, and issued a policy statement on fair housing directing banks supervised by the FDIC to give public notice that their real estate loans are available w ithout regard to race, color, religion, or national origin. We also required that a fair hous ing notice appear in real estate financing advertisements. This policy statement became effective on May 1, 1972. Our routine examination process since then has included checks on bank compliance with the requirements for advertising and the required lobby poster on fair housing. We have found relatively few violations, and those have been promptly corrected. In the fall of 1972, we proposed some regulations on fair housing that involved recordkeeping requirements, and in De cember we held 2 days of hearings on these proposed regulations. These regula tions were never issued because we were not convinced that the recordkeeping requirements would provide meaningful data for monitoring fair housing lending practices. In the spring of 1974, we began a pilot survey along with the Comptroller of the Currency, the Federal Reserve, and the Federal Home Loan Bank Board to test various types of reporting forms to determine what a feasible and effective recordkeeping system would involve. I will comment in a few minutes on some of the problems we encountered in that pilot survey. In any case, after a review of all the data, we concluded that use of any of the three different types of reporting forms would not enable us to detect pat terns of discrimination. It is fair to say then, that even now we have not determined the best route to take to assure ourselves that discrimina tion in housing finance has been elimi nated. A ll during this period, we have received petitions and proposals submit ted by civil rights organizations urging us to do things. Many of them appeared to be costly and burdensome, and not neces sarily effective. We have also received comments from bankers telling us that 147 nothing should be done since banks do not discriminate in mortgage financing. The problem is a very d iffic u lt one for reasons which I will get into shortly. Regardless of the difficulties of the prob lem, however, we have become increas ingly subject to criticism from the Con gress and others that we have not met the responsibilities that they would like us to assume. Part of our problem in enforcing the law is that the concept of discrimination is a very d iffic u lt one and its exercise can take place in subtle ways. Discrimination connotes the exclusion of some individual or group of individuals from some activ ity on the basis of one or more identifi able attributes possessed by the individual concerned. Some forms of discrimination represent indefensible biases (for ex ample, exclusions from certain jobs on the basis of sex or race) and work to the ultimate disadvantage of both the affect ed individuals and society as a whole, while other forms of discrimination may be appropriate and, in fact, benefit soci ety (for example, the exclusion of con firmed kleptomaniacs from jobs as bank tellers). Our economic system is based on a type of discrimination. In our market economy, an increase in the price of any goods excludes certain members of soci ety from consuming the goods or restricts their purchases below what they would have desired at the previous price. That is, if a commodity is in short supply, its price rises so that the supply is allocated to those to whom it is worth the most and, hence, discriminates against others. But while markets are inherently discrimi natory, they should be discriminatory with respect to economic phenomena only. Two individuals with vastly differ ent incomes would be expected to receive different amounts of credit with, perhaps, different credit terms. On the other hand, two individuals with similar economic characteristics but with different skin colors would be expected to receive essentially the same amount of credit on 148 F E D E R A L DEPOSIT INSURANCE CO RPORATION essentially the same terms. It is primarily noneconomic discrimination w ith which the Civil Rights Act is concerned. It is very d ifficu lt to detect or to meas ure th is noneconomic discrimination because, in order to do so, it is necessary to control for economic characteristics. If this is not done, a finding of apparent systematic discrimination in, say, credit allocation to one group of individuals may be due to valid economic considera tions rather than noneconomic biases. If blacks, on average, have lower incomes than whites, we should not be surprised to find that blacks receive a share of mortgage loans made that is less than pro portional to their number in the popula tion. But for those blacks who have comparable incomes with whites, loan rejections should not be at a higher rate. We must also take account of the size of the loan requested in relation to the ap praised value of the property. But are appraisals influenced by the racial com position of the neighborhood? These economic factors, enormously compli cated by themselves, must be analyzed thoroughly before we can say anything about noneconomic discrimination. A further complication in the enforce ment of the Civil Rights Act is that its coverage is much broader than simply affirmative or negative decisions on loan applications. The act forbids discrimina tion w ith respect to downpayments, in terest rates, maturity, and other terms or conditions of the mortgage loan. A bor rower may feel that he is discriminated against when his loan application is re jected, and he may have some basis for that judgment. He may not know he is being discriminated against with respect to the terms of the loan that is granted, since, at least under present institutional arrangements, he does not necessarily know the prevailing policy of the institu tion with respect to maturities, down payments, or even interest rates. In our experiences with surveys and recordkeeping proposals, we have found it d iffic u lt to specify information which would provide sufficient evidence of dis crimination to prove that the law has been violated. I recognize all these problems as well as some others I have not mentioned. I think they explain why the FDIC and other banking supervisory agencies have not been successful in promulgating regu lations aimed at enforcement of the Civil Rights Act. It is possible that racial or religious discrimination may be quantita tively an insignificant problem in the sav ings bank industry. But our information does not enable me to confirm that view. I am sure all of you feel that racial dis crimination does not play any role in your bank's mortgage lending decisions. But can you know for sure that all your loan officers are conducting themselves in accord with bank policy? How do you know? It may well be, as many bankers have argued, that the costs of more vigorous enforcement of the law w ill substantially outweigh the benefits. There is a law on the books prohibiting discrimination, and we have felt an obligation at the FDIC to determine the existence and extent of dis crimination and devise appropriate en forcement procedures to insure compli ance with the law. If it turns out to be very costly to enforce this law, it w ill be up to Congress to deal with the situation. We w ill certainly bring information on enforcement cost to their attention. In any case, I personally am in agreement with the Congressional view that the FDIC should continue to take action to make sure that illegal discrimination does not exist. In the past, some bankers have had the view that since they feel that there is no real problem in this area, it was not worthwhile to devote much energy to thinking about realistic and effective solu tions. If I do nothing else w ith my com ments today, I would like to change that view. I would like to encourage each of you to think about this problem, and let STATEM ENTS BY CO RPO RATIO N DIRECTORS me know what steps you feel can be taken that w ill represent acceptable bur dens for the vast majority of savings banks that are not discriminating in mort gage lending, yet w ill be effective in fer reting out those few situations where discrimination may be taking place. Write me. Give me your suggestions. A t least tell us how you convince yourselves and your trustees or directors that you're not violating the law. It may be helpful to your thinking on this matter if I describe some of the steps that have been taken, or have been pro posed, in the past. Our first step in imple menting the law against discrimination was easy and noncontroversial. We told the banks that there was a law that made discrimination illegal. Some bankers may have been discriminating in real estate lending and felt that it was their preroga tive to do so. Informing them that the law now prohibited such discrimination probably had some effect. After all, bank ers are basically law-abiding. I believe it is quite possible, for example, that prior to 1974, some bankers did discriminate in real estate lending to women. We heard several stories of unjustifiable discrimina tion against women at our 1972 hearing. Sex discrimination was not illegal at that time, and I am sure that simply passing a law making such discrimination illegal and bringing this action to the attention of the bankers had a significant impact in reducing such discrimination. The next step was somewhat harder. We required banks to include a statement in real estate advertising saying that they were a fair housing lender and to post a notice in their lobby alerting bank cus tomers that discrimination in mortgage lending was illegal. The lobby poster in forms the customer with a complaint that he can tell either the FDIC or HUD of the complaint. While this kind of requirement seems rather innocuous, some of our staff questioned whether this was an appro priate step. After all, most bankers are law-abiding, and many are offended by 149 being required to post a notice suggesting they may be violating the law. None of these requirements have gen erated many complaints from potential borrowers. Since 1968, the FDIC has received very few complaints regarding discrimination in mortgage lending. This may mean that there is no such discrimi nation, but it may also reflect an unw ill ingness of loan applicants to get involved in the complaint procedure, a skepticism on their part about our sincerity in fo l lowing up on complaints, an ignorance about the process of complaining, or any of a number of other reasons. The civil rights groups have told us that reliance on the complaint procedure is necessarily ineffective, and that we could not expect a large volume of com plaints. They argue that those discrimi nated against have no faith that action will be taken unless they have indisput able proof that they were victims of ille gal discrimination and that examples of such proof are very rare; discrimination is generally much more subtle or sophisti cated. They also argue that m inority applicants go to lenders who make loans to m inority applicants, and that word "gets around" as to who w ill and who w on't give a real estate loan to a qualified m inority or a woman. I recognize there is some validity to these arguments, but it is d ifficu lt to conclude that discrimination is widespread when we receive so few complaints. There are steps that could be taken to generate more complaints. We might soli cit complaints more actively by, for example, running a newspaper advertising campaign on the law, and urging bor rowers to write us if they have any suspi cions that they have been discriminated against, or even if they suspect that a given institution is not a fair housing lender. Obviously, such a program would be expensive, might simply generate un justified complaints, and might appear to suggest that we believe that discrimina tion is widespread. I am certainly not 150 F E D E R A L DEPOSIT INSURANCE CORPORATION endorsing such a program at this time, but it might be one way of convincing the public that we take the complaint process seriously. The problem becomes even more d iffi cult when we talk about recordkeeping requirements. The first piece of informa tion that becomes necessary in any rec ordkeeping program designed to monitor compliance with fair lending require ments is information on the race, religion, sex, and national origin of the borrower. Many bankers dislike asking a loan appli cant about his race or religion, and many borrowers would be offended by being asked such questions. Such information really is none of the lending officer's busi ness (if he is doing his job correctly). Moreover, there may be concern on the part of the borrower that such informa tion w ill be used to discriminate against him. In any case, it is hard to require the furnishing of such information, and many borrowers would decline to furnish it voluntarily. On our pilot surveys, for example, we found that about 18 percent of mortgage applicants refused to fill out the voluntary racial questionnaire. Another problem with the recordkeep ing requirements is that many applica tions are disposed of informally, even before they get to the stage of the written application. In some cases, telephone or other casual inquiries are rejected with the simple statement that the bank is not making mortgage loans at the present time. The banker who wants to discrimi nate may find it fairly easy to discourage the filing of an actual application. This might then lead into the need for some sort of log of informal inquiries or even phone calls. We recognize that this could be burdensome and d ifficu lt to enforce. In some cases, discrimination may occur even before a potential loan applicant approaches the bank. He may be dis couraged by a real estate agent or broker, either with or w ithout the bank's knowl edge or approval. Since the laws are aimed at racial, ethnic, religious, and sex discrimination, and not discrimination on an economic basis, any sort of reporting or recordkeep ing designed to prove a case of discrimina tion must include detailed information on the financial situation of the borrower and the property being financed. We have not yet determined what sort of reporting or recordkeeping is essential to monitor compliance with the law. The civil rights groups have told us that, in their view, we have to be alert to patterns of discrimina tion, and hence, some sort of recordkeep ing is necessary. To the extent that red lining fits this category, the Home Mort gage Disclosure Act recently passed should help resolve this problem since it mandates that certain records shall be k e p t. O b v io u s ly , however, redlining doesn't cover all possible patterns of dis crimination. It has been suggested that our exam iners are not skilled enough nor trained enough in the kind of investigative work necessary to detect discrimination, and that we might do better if we had FBI agents participating in examinations aimed at compliance with civil rights legislation. We have not been convinced of this, however, and would prefer to train our own staff to the extent neces sary. We have been devoting a part of our examiner training program to the fair housing area, and we are developing an expanded training program that w ill in clude investigatory techniques. I think this description of some of the possible techniques indicates the source of my concern and frustration. We rec ognize the shortcomings of various en forcement techniques, but we must en force the law and meet our responsibil ities. I would like to return briefly to the specific problem of sex discrimination. As I noted, in the course of the hearings we held on fair mortgage lending, it was clear that the most convincing evidence of dis crimination related to discrimination on the basis of sex. Numerous documented STATEM ENTS BY CO RPO RATIO N DIRECTORS instances of such discrimination were presented. The problem of sex discrimi nation is a particularly knotty one. As I have mentioned, there appears to be strong evidence that discrimination on the basis of sex has taken place in banks and other financial institutions, and I am in sympathy with the Congressional deci sion to do something about it. I also rec ognize, however, that women do bear children and frequently leave the work force to rear those children, although it can also be argued (1) that women now have more control over the question of pregnancy or not, and (2) that those women who need an income do not leave the work force for a sustained period when they have a child. Alim ony and child support payments are probably not as steady and reliable a source of income as salaries and wages. Thus, one might argue that discrimination against women in the past had more of an economic foundation than the racial and religious discrimination covered by the Civil Rights Act of 1968. Even after recognizing this, however, it appears that for some time, many bankers did not follow very enlightened policies with respect to lending to women. The role of women in our economy has changed, with the m ajority now part of the labor force, but bankers did not ad ju s t sw iftly to this profound social change. I concede that the ground rules 151 on lending to women are not very clearcut, but we do intend to meet our obliga tions to enforce fair lending requirements in this case, as in the case of all other areas. Many bankers have already devel oped credit standards for dealing with lending to women in an equitable and n o n d is c rim in a to ry manner, and we encourage the remaining bankers to fo l low suit. Bankers, just like other citizens, do not participate enough in a positive way when legislation and regulations are being drafted. They have a tendency to argue that certain laws or regulations are un necessary, and then depart from the scene. Perhaps the supervisory agencies are somewhat at fault in not more ac tively soliciting comments and sugges tions from the banking community and giving them the weight they deserve. A t the same time, I hope you all realize that it is not the practice of the FDIC to put out regulations for comment when a deci sion has already been made. Here, where we are not at this time putting out addi tio n a l regulations for comment, but where we are wrestling w ith the problems of enforcement in a specific area, we clearly have an open mind as to the best way to proceed. I am earnestly soliciting your suggestions and hope you w ill be able to come up with ideas that will be helpful for all of us. 152 F E D E R A L DEPOSIT INSURANCE CO RPO RATIO N Address by Robert E. Barnett, The Bur den of Regulation* We are all frustrated by the extent to which government interferes with our businesses and the extent to which we are required to complete government forms and maintain government records. I am just as frustrated about it as Chairman of a governmental agency as you are. What can be done about it? The quantity of paper crossing my desk as Chairman of the FDIC is over whelming. I have asked our Management Systems Office to review the paper flow across my desk and have discovered that I will receive to review and respond to, on an average, 28 letters, memoranda, re ports, Congressional inquiries, Board of Directors cases, etc., each day throughout each year of my term. In addition, I will have 10 separate items per day for my signature and my secretaries w ill handle 75 phone calls per day, many of which w ill pass through to me. By itself, that's a large paper load; when you consider the problem created by an absence from the office for a few days, it's an over whelming load. Clearly, something has to be done about the flow of work across the desk of the Chairman of the FDIC and I am in the process of doing some thing at the present time. I know that each of your desks has more than enough work on it but I hope that you have had a better plan for resolv ing the paper load problem than we have had. I know you also generate paper since some of the paper I receive consists of letters from banks complaining about the volume and complexity of reports they are required to file w ith the FDIC. Some of it consists of proposals originating with our staff or w ith the Federal Reserve suggesting additional surveys to be col lected from banks. Some of it consists of correspondence from the Office of Man *Presented before the 75th Annual Convention of the Colorado Bankers Association, Colo rado Springs, Colorado, June 4, 1976. agement and Budget and the Commission on Federal Paperwork asking what I am doing to meet my obligations to reduce the flow of Federal paperwork. The Pres ident has directed each agency head to reduce the reporting burden for the pub lic by 10 percent this year. And some of it consists of letters from me to the chief executive officer of the nonmember banks in the country carrying a message about a new regulation or policy state ment or some continuing request for data from the banks. When I began w riting this speech, I had in mind discussing my desire to re duce the amount o f time and money banks have to spend complying with governmental regulations and reducing the paper banks have to submit to Wash ington. As I attempted to write this, how ever, I found that I could offer very little besides desire when it comes to reducing governmental regulations. Congress and the agencies are under great pressure from a great variety of groups (including banks) to pass legislation or promulgate regulations to correct real or perceived abuses. When legislation is passed by Congress, regulations frequently must be promulgated by the agencies to imple ment the legislation. The FDIC, there fore, promulgates regulations and issues policy statements and w ill continue to, as will the Comptroller of the Currency, the Federal Reserve, the Federal Home Loan Bank Board, and everyone else. I wish I could be more optimistic, but I can't. Pressure groups are simply too well organ ized, concepts of appropriate business activity have changed, the government is accepted (rightly or wrongly) as the an swer to d iffic u lt problems, and abuses in banking continue to surface. I then decided to discuss some of the reports required by the FDIC; the u tility of these reports to banks; what, if any thing, the Corporation can do to reduce the number of reports submitted to it or to reduce the cost and d iffic u lty of pre paring them; and finally to make some STATEM ENTS BY CORPO RATIO N DIRECTORS comments about the inordinately high error rate, the tardiness of report sub missions, and statutory penalties that the Corporation will begin invoking for con tinued grossly inadequate or tardy report ing. Since these comments are not all good either, I decided to wind up w ith a comment or two on ways the Corpora tion has attempted to speed its decision processes by delegating to our regional offices and by expediting handling w ithin the Corporation. A t least that should be good news. Turning to reports, we should look first at the Reports of Condition and Reports of Income which comprise the major part of the FDIC's reporting and statistical operation. Each insured bank prepares Reports of Condition four times a year, and a Report of Income, starting this year, twice each year. This amounts to over 85,000 reports coming to Wash ington each year, or 6 per bank. You are all familiar w ith these reports since each of your banks has been sub m itting them for years and years and since the reports resemble the financial statements which all of you must prepare annually for one purpose or another. Originally, the information on the indi vidual Reports of Condition and Income was used primarily by the FDIC to moni tor the collection of assessments of in sured banks. For all bank regulatory agencies, State and Federal, they com prise the basic information we receive on individual banks between periodic exami nations. If it were not for our ability to follow the progress of some banks on this basis, more frequent examination or other supervisory procedures would be necessary. This supervisory use has been increasing since these routine Reports of Condition and Income are the basic raw material for efforts at the FDIC and other agencies to design "early warning" or statistical surveillance systems. This in creasing use as an ongoing supervisory tool demands accuracy and timeliness of the data. 153 In addition to our own use of these data, we have been able to prepare statis tical reports for all banks—e.g., providing data on a variety of operating ratios, com paring each bank w ith other banks in the same State or smaller geographic area, etc. —that have been used by many others. These comparative reports have been received enthusiastically by the banks (particularly by the banks that come o ff well in the comparisons), and bankers seem to be making increasing use of these data for analysis of their own operations, the operations of corres pondent banks, and the operations of banks they deal with in the Federal funds market. Again, these comparisons are valuable only if the data are timely and accurate. Aggregate data compiled from these reports (and many other reports) have been an important part of the financial information relied on by the Federal Reserve in carrying out monetary policy. The aggregate statistics are also used by other government agencies for a variety of purposes. More recently, particularly since both reports became publicly avail able in 1972, the use has multiplied. Now bank asset and liability and income infor mation is also used by: • banks that wish to know how their competitors are doing; • financial analysts and market re searchers in banks and universities; consulting firms, bank associations, and reporting services who buy computer tapes of these data, per form their own analyses, and offer these analyses for sale; • • bank stockholders interested their investments; and in • corporate treasurers who seek infor mation on which to base their selec tion of banks as depositories or lenders. Last year, for example, we filled 1,250 individual requests fo r Reports of Condi FE D E R A L DEPOSIT INSURANCE CO RPORATION 154 tion and Income involving a total of 24,000 documents. About half of these requests came from banks, but individuals (particularly lawyers) also asked for these reports in sizable numbers. As of the end of May this year, we had filled 820 re quests involving over 16,000 documents, significantly higher than the comparable period last year. Forty-three of these requests originated in Colorado and covered primarily Colorado banks. Clear ly, there is interest in the Reports of Condition and Income. I have been continually amazed at the volume of errors made by banks in com pleting these required reports. Some of these errors may be due to the complex ity of the reporting requirements or to the inadequacy of our instructions, but neither complexity nor inadequacy on our part can explain the following amaz ing facts culled from State nonmember reports filed for the December 31, 1975 Call: • 1 12 reports indicating that the banks were operating w ithout any currency or coins or w ithout com mon stock, • 1,184 banks reporting that they were operating w ithout any em ployees, and 2,400 banks indicating either that they had income on their Report of Income from assets that their Re port of Condition indicated that they did not have, or that they had no income from earning assets that their Report of Condition showed them as holding. • By far the most common errors in the reports are mathematical or mechanical. That is, totals that do not equal the sum of the subtotals, or an item in the Report of Condition not agreeing with the same item in the Report of Income. For ex ample, banks report total capital as of year-end in both the Report of Income and the Report of Condition. Obviously, accurate reporting would find total cap ital the same in both reports but we have hundreds of banks that report different figures in the two reports. Almost half of all errors handled by our staff are of this sort. In total, out of the 8,600 insured non member commercial banks that sub mitted Reports of Condition and Income to us at year-end 1975,** no less than 54 percent of all the Reports of Condition and 84 percent of the Reports of Income failed to pass one or more of the initial tests in our verification procedures. The total number of edit messages (potential errors) came to 51,318 for year-end 1975 Reports of Condition and Reports of Income. Both the banking industry and the FDIC should be embarrassed by that number—the banking industry because its members are submitting such sloppy reports, and the FDIC because it has to l erated such reporting. Let me emphasize that the largest single category of errors was mathemat ical or logical errors, errors which only a modest amount of care and concern on the part of the reporting banks could eliminate. Not only is the information we get on reports frequently in error, it is also fre quently late. Currently, the Report of Condition is due w ithin 10 days after the Call date, and the Report of Income is due 30 days after the end of the reporting period, a backwards order for reporting if I have ever seen one—more about this later. For year-end 1975, 481 banks were delinquent in submitting one or more of the reports at the end of January (the final report did not come in until 73 days after year-end). Of course, the vast majority of banks do report reasonably promptly, but even a small number of **N a tio n a l banks subm it th e ir reports to the Com ptroller of the Currency, State member banks subm it theirs to the Federal Reserve System. The FDIC u ltim ate ly processes data from all the banks on its computers. Error rates fo r all banks appear to be about the same as the error rate fo r State nonmember banks. STATEM ENTS BY CO RPO RATIO N DIRECTORS delinquent reports can cause serious de lays in processing since errors are often found on the delinquent reports, and that means further delays for corrections. It makes very little sense for us to publish any data before we have received all of the reports from all of the banks. As of the present time, data from our condition report and income report are published approximately 4 months after the date of the Call; if all banks were to report w ithin 30 days correct information on both reports, we could publish that data w ithin 50 days of the Call, cutting the time lag in half and saving thousands and thousands of dollars. I recognize that the reporting require ments of the Report of Condition and the Report of Income are rather complex, and they have tended to become more complex over time. To some extent, that is a reflection of some change in the use of the reports from a statistical one to one of serving as the basic public financial report of the bank. This has led us to change the accounting required in the direction of "generally accepted account ing principles." Some of these changes have added complexity, and have led to complaints from banks. We received quite a volume of complaints a few years ago, for example, when we required that banks with over $25 m illion in assets pre pare their reports on the basis of accrual accounting. Many banks in the affected size range complained that accrual ac counting was just too complicated for them. I confess that I find it d ifficu lt to feel a great deal of sympathy with the management of a $25 m illion bank, that is in the business of making loans and analyzing the financial statements of borrowers, claiming that accrual account ing is too complicated. It was adherence to generally accepted accounting principles that led us to re quire a breakdown of the loan loss reserve into a valuation portion, a deferred liabil ity portion, and a contingency portion. There I concede that the accounting and 155 the accompanying tax calculations have become complicated. We have also added additional detail on types of loans and maturity distribution of securities that have increased the reporting burden on the banks. For the most part, however, I feel that the information required in the Report of Condition and the Report of Income is information that the banker should have in order to run his bank effectively. Some bankers complain, for example, about our requirement that the bank, even if it is operating on a cash basis, must estimate the taxes due on its current year's income. It seems reason able to conclude, however, that in order for the bank to make correct investment decisions, it should know what its current tax position is and what the tax implica tions of its financial decisions are. The situation I am describing has ex isted for a long time. In the past, for whatever reasons, the FDIC has over looked this problem. But now, when much more intensive use is made of these financial data, both w ithin the banking agencies and outside, we feel that it no longer can be overlooked. Recognizing that we must continue to receive Reports of Condition and Reports of Income, we plan to schedule the re porting in a logical way and to give the banks sufficient time so that we can reasonably expect prompt and accurate reports. One of the difficulties for the banks is our current requirement that the Report of Condition be submitted w ithin 15 days after the end of the quarter—a rather tight schedule. We give banks 30 days to complete the Report of Income, which appears to be more generous, but the conscientious banker recognizes that a Report of Condition as of year-end can not be completed accurately until after the bank has completed its Report of Income. That is, there are many year-end income adjustments that must be reflect ed in the year-end Report of Condition. These requirements are illogical, and I see no reason to continue them. Effective F E D E R A L DEPOSIT INSURANCE CORPO RATIO N 156 with the June 30 reports, I am proposing that we set a uniform date for submission of both reports, 30 days from the end of the reporting period. Both the Report of Condition and the Report of Income, therefore, for the June 30, 1976 period will be due by the end of July. I believe that is a reasonable period, and if banks are delinquent in meeting that require ment, we intend to pursue the penalties provided by the Federal Deposit Insur ance Act which authorizes us to levy a fine of up to $100 per day for each day a report is delinquent. The Comptroller o f the Currency recently announced his in tention to follow this procedure, and indicated that a fine of $6,600 had been levied on a national bank that was fla grantly and repeatedly late in submitting its required reports. Some action must also be taken to reduce the number of errors in the Re ports of Condition and Income, and we intend to take the following steps to improve the accuracy of reports sub mitted : (1) Improve the format and instruc tions of the reports. We are con sidering, for example, whether it would be productive to have d if fe re n t instructions for smaller banks (those $25 m illion or less in assets) or whether it would be productive and reasonable to have different reports for such banks. (2) We have contacted the Bank Administration Institute and are trying to arrange for meetings in volving our staff and their officers to solicit their suggestions for improving the instructions and forms. (3) We plan to solicit comments from all banks through a questionnaire mailed with the June reports. (4) We are installing a toll-free tele phone number that a bank may call for assistance in completing or correcting reports. (5) We would like to consider, al though we recognize the extreme d ifficu lty of this, adopting an agreement among all the bank agencies that there would be no change on the reports more fre quently than every 5 years. Banks would have the benefit of working with the same forms for an ex tended period, and suggestions for changes by the agencies would have to stand the test of the pas sage of a reasonable period of time. Frankly, the possibility of getting such an agreement seems slim to me, although I personally would support it, at least until an exception came along that I'd like to make. We believe all of these suggestions or actions would minimize the cost both to banks and the agencies by reducing the time spent on completing and correcting these reports. Obviously, it would also put the data into the public domain much faster. If those carrots don't work, how ever, we will consider either fining those banks up to $100 per day whose error rate is so high as to constitute no filing, or proceeding against such banks under sec tion 8 of our statute. The FDIC and the other agencies can not be successful w ithout the help of the industry. Banks must believe it is impor tant to complete the reports accurately and promptly. To summarize, we suggest that some major steps for improvements in the qual ity of the Reports of Condition and In come are needed at this time. The errors in the reports submitted appear to be primarily the result of carelessness, but the design of the forms, the instructions given, the assistance provided, and the attention given to promptness and accu racy by the agencies may have a bearing on the matter. I have reviewed other reports required to be sent to the FDIC in addition to Reports of Condition and Income. While STATEM ENTS BY CO RPORATION DIRECTORS preparing these other reports and the sur veys occasionally taken does involve some burden and some staff time, I think the burden is exaggerated by most banks. First of all, many of our surveys are con ducted on a sample basis. This may not be much consolation to the bank in cluded in a sample, but we have different samples for each survey, so that if your bank is included in one, it is probably not included in several others. Only a total of about 42 banks in Colorado, for example, are included in any of our sample surveys. Others, of course, may be included in the surveys by other agencies. Second, in many of our surveys, the information is relatively simple for the bank to provide, though I recognize that just typing up the report form is some burden for some banks. Third, much of the data we are asking for in these surveys is information the banker should have to manage his bank effectively and, therefore, probably does have or can find profitable use for once it is prepared. While we ask the banker to report the information, for example, we think there is great u tility to him in knowing the m aturity distribution of his municipal portfolio, or the amount of his time deposits in different maturities, or the market value of his trust department's assets. Since he probably already has and uses such data, it's not onerous to report it to the FDIC. It is a mistake to assume that all sur veys and statistical reports are imposed by the agencies on a reluctant and resist ing banking industry. There are some reports and surveys which we conduct which the banking industry has either initiated or strongly supported. Let me mention just a couple of these. Several years ago, the American Bankers Associa tion commissioned a sizable research proj ect, carried out by Arthur D. Little & Company, to investigate the ability of the banking system to handle the rising vol ume o f paper checks in the future. Sub sequent to that survey, the ABA asked 157 the FDIC to conduct follow-up surveys, which we did and have continued to do. While this information is of some interest to the FDIC, it is not considered vital by us and we could reduce the burdens which we are putting on responding banks by elimination of this survey. We do plan to reduce the frequency of this survey to every second or third year. Another example is a survey we did a couple of months ago on the volume and rate structure of IRA and Keogh ac counts. Many bankers have been very unhappy about the current interest rate ceiling structure which has been applied to IRA accounts as well as all other ac counts. This rate structure, as you know, gives savings institutions a quarter-percent rate advantage. In an account that is going to be maintained for 20 or 30 years, a quarter-point interest rate differ ential is very significant. Commercial bankers feel they are unable to compete with savings institutions for IRA ac counts, and that their customers are put at an unfair disadvantage as compared with customers of savings institutions. To determine whether the bank share of such accounts is really being adversely affected by the interest rate differential, the bank ing agencies conducted a survey of both banks and savings institutions. We got strong support from the banking industry for conducting this survey and, I might add, a very rapid response. This seems to be illustrative of the fact that where bankers can see some payoff to their in stitution from a survey, there is support for it and a willingness to cooperate. We hope to encourage the same support and rapid response for all of our reports. Some reports are collected for the use of other agencies. For example, we col lect detailed and extensive monthly data from a sample of banks on the volume of mortgage loans extended. These data are collected as part of the government-wide program coordinated by the Department o f Housing and Urban Development. Again, this is a survey which we could 158 FE D E R A L DEPOSIT INSURANCE CO RPO RATIO N dispense w ith as far as the FDIC is con cerned, but I am convinced that the sur vey would continue to be taken by HUD or the ABA. The Federal Government has been aware of and sensitive to this general problem of governmental paper, although not very successful yet in solving it. The National Commission on Productivity in its analysis of the financial industry gave considerable attention to the question of whether reporting requirements of Fed eral agencies imposed a burden that ad versely affected productivity in the finan cial sector of the economy. There is now a Commission on Federal Paperwork with responsibility for attempting to minimize the flow of paper both w ithin the govern ment and between the government and the private sector. I am hopeful that the commission w ill be able to make signifi cant progress, though there is some initial burden of reporting to the Commission on Paperwork. Apart from government-wide efforts and c o n c e r n , the FDIC and the other banking agencies have been giving atten tion to this matter fo r some time. Several years ago, a join t banking agency-industry task force began work on a project now called ISBAR (Information System for Bank Agency Reporting.) This is a system designed for use by large, automated banks w ith substantial agency reporting requirements. When it is fu lly imple mented, it w ill allow banks to report bits of information on magnetic tape which will then be processed by the agency w ithout the need to fill out printed re port forms. While it w ill be a long time before any bank is actually using the system to meet a substantial fraction of its reporting requirements, we have al ready experimented w ith receiving some reports in tape form. This is an example of join t agency-industry forward planning on a long-range problem rather than simply reaction to an immediate crisis. Within the FDIC, we have reduced the flow of paper into Washington and back again and have reduced the time during which you must await our decisions by delegating certain responsibilities to our Regional Directors. These delegations in clude decisions on branch applications, office relocations, offering of trust serv ices, continuation o f deposit insurance after withdrawal from Federal Reserve membership, and others. The Regional Director has the authority to approve, but not to deny, such applications in the majority of instances. We have allowed banks to determine whether they wish to have their unmanned cash dispensers or automated teller facilities considered as branches or not. If the bank decides that the facilities should not be viewed as a branch, then we have dispensed w ith our branch application procedure, and require only a brief information notification. As a result of these delegations and other efforts w ithin the FDIC, there has been a substantial improvement in the speed with which we process applications. We estimate that a banker receives an answer from the FDIC to an application for merger approval, insurance, new branch es, etc., a month sooner than he would have 3 years ago. Let me return to the beginning. I had in mind pointing out to you today ways the FDIC could remove some of the bur den of Federal regulations and reporting requirements. My analysis of the situa tion, however, is that regulations will continue to be promulgated, and you will be required to continue to submit re ports. Hopefully, we can make the prep aration of reports easier and less costly for you—perhaps we can make them more useful. Whatever the case, we are going to insist on tim ely and accurate submission of reports because we feel that only if they are tim ely and accurate can they be useful to us in our supervisory respon sibilities. STATEM ENTS BY CO RPORATION DIRECTORS Address by Robert E. Barnett, Deposit Insurance* There are times when it seems most propitious to encourage public exami nation and discussion of issues that affect our banking system for the purpose of seeing whether and how things might be improved. This would appear to be one of those times. Many banks that had en countered difficulties in the past year or so seem to be gradually working out of them. Things are likely to be better for most banks during the balance of this year and next. Both bank regulators and Congress are less preoccupied with emer gency situations and thus, hopefully, better able to view issues in perspective. In light of all of this, I would like to dis cuss the adequacy and fairness of deposit insurance as it exists today, and make a few preliminary remarks about 100 per cent deposit insurance as one alternative to the current system. Except for occasional increases in the limits of deposit insurance coverage, there has not been any fundamental change in our system of Federal deposit insurance since the beginning of the FDIC. While I am far from dissatisfied with our present deposit insurance system, there are sev eral reasons for raising the issue o f change of the system at this tim e—if the mere passage of some 40-odd years is not suffi cient in itself. First, the Hunt Commission made suggestions for change that relate to de posit insurance, but none of the commis sion's recommendations in that area found their way into the legislation the Congress has recently considered. Neither have other possible changes, among which was 100 percent deposit insurance, which the commission considered but rejected. These issues have thereby escaped the public attention and discussion which the legislative process always provides. *Presented before the 82nd Annual Convention o f the Kentucky Bankers Association, Louis ville, Kentucky, September 13, 1976. 159 Further, deposit insurance is obviously linked to bank failures, and some recent failures are different enough from earlier ones to require reconsideration of our unspoken premises. For most of the life of the FDIC, bank failures have involved relatively small banks. From the begin ning of the Corporation in 1934 through 1970, only one insured bank which failed had over $50 m illion in deposits, and almost all of them were under $5 m illion in deposits. The number of depositors and dollar amount of deposits in any fail ure, therefore, were quite small. In just the last 6 years, however, we have seen failures of some very large banks, includ ing two over $1 billion in deposits, two of $100 m illion to $500 m illion and five between $50 and $100 million. Even though banks generally have grown dra matically in size,** the number of depos itors affected by recent failures has grown relatively as well as absolutely. Finally, the appropriate role of the FDIC and other bank agencies in bank supervision has been raised in a number of ways recently, and I believe it is appro priate to review the varying functions of the Corporation, including its role as an insurer, in some depth. Today I plan to discuss the adequacy and fairness of the current deposit insur ance system, in part by describing how the FDIC deals with bank failures and the basis for our decisions. I will then briefly consider the rationale for the one alter native normally suggested—100 percent deposit insurance. In other scheduled speeches over the next several weeks, I intend to explore more thoroughly the arguments and implications not only of 100 percent deposit insurance, but also of other alternatives to the present system. * * l n 1956, a $500-m illion-deposit bank would have been the 42nd largest bank in the U.S., and a b illio n -d o lla r bank w o u ld have been the 18th largest. As o f June 30, 1976, a $ 5 0 0-m illio n bank w ould be only the 186th largest, and a b illio n -d o lla r bank only the 89th largest. 160 F E D E R A L DEPOSIT INSURANCE CO RPORATION It is not the present intention of the FDIC to propose such legislation, nor do I wish to leave the impression that the Corporation would favor such legislation if it were proposed at the present time. But we do plan to review all the issues surrounding the matter as well as others basic to the FDIC. The basic purpose of deposit insurance is to protect the banking system against destructive runs on deposits as well as to protect the depositors themselves. With respect to the latter, most depositors have fared extremely well in the 519 insured banks which were closed since the estab lishment of the Federal Deposit Insurance Corporation. About 99.8 percent of all depositors, large or small, fu lly recovered their deposits almost immediately, with only one-tenth of 1 percent having to wait for the liquidation of bank assets. And less than 5,000 out of nearly 3 m il lion depositors are expected to experi ence any deposit loss at all. Out of $4 billion in deposits at failed banks through 1975, approximately $267 m illion was lost or is expected to be lost. Of this amount, unprotected depositors stood to lose about $13 m illion, the Corporation absorbing the remainder. These loss fig ures do not take account of foregone interest in situations where recoveries have required extended periods of time. If we take this into account, even using modest interest rate levels for this pur pose, losses on an opportunity-cost basis would be approximately 50 percent great er than the figures I have cited. In view of the number of years involved and the volume of deposits, most would agree that losses of this magnitude are not sub stantial. The high recovery rate for depositors is attributable at least in part to the fact that $9 out of every $10 in deposits were in bank failures which were handled by purchase and assumption transactions in which the FDIC provided assistance en abling another bank to assume the failed bank's liabilities. This arrangement pro vides, in effect, 100 percent insurance to uninsured depositors and general cred itors as well as to FDIC-insured depos itors. If one or more of the large bank failures (United States National Bank or Franklin National Bank, for example) had been paid off, the number of depositors not having de facto 100 percent insurance would have been substantially larger. However, even in banks which were handled by a payoff of insured deposits, more than 99 percent of the depositors are assured of payment in full and more than 98 percent of all deposits (in dollars) are expected to be recovered. Insurance covered about 70 percent of these de posits, and another 16 percent were pro tected via pledged assets, preference, or loan offsets; as in a purchase and assump tion, these deposits were made available to depositors almost immediately. But the consequences of a payoff to individual depositors who held the re maining 14 percent of the excess deposits were not quite so favorable. Although one-third of these depositors have histor ically recovered their deposits in full, in a typical payout, the depositors who are not fu lly insured have lost about 12 per cent of their individual deposits. In addi tion, these depositors, including those who are lucky enough to recover in full, must forego interest on the recoverable portion of their deposits while waiting for the bank's assets to be liquidated. In many instances, the foregone interest has been considerable and, as I have sug gested, may equal one-half of the losses of principal incurred. The depositors caught in this situation comprise a mixed group, and a group that to a great extent includes depositors that would have to be among the more sophis ticated and knowledgeable about the condition of a bank. Savings and loan associations accounted for close to onethird of the total of these deposits. The next largest amount was held by individ uals, followed by nonfinancial corpora tions, credit unions, public entities, and STATEM ENTS BY CO RPO RATIO N DIRECTORS banks, in that order. In a deposit payoff, balances in se cured and preferred deposits, as well as insured deposits, are paid over to their owners, usually beginning 5 to 7 days following the closing of the bank, for which the Corporation receives the sub rogated claims of these owners against the bank's assets. Owners of uninsured de posits having any indebtedness to the bank also may request to have their loans offset against their deposit balances. Both the Corporation and uninsured holders of excess deposits not protected by the fore going features must await recovery on their claims from an often lengthy liqui dation of the bank's assets and must bear a pro rata share of any loss that ensues. In a purchase and assumption, the acquiring bank assumes all the deposit liabilities of the failed bank ensuring little or no disruption in banking services to the community and providing full pro tection to both insured and uninsured depositors alike. To the extent that the initial transition also involves little change in personnel and facilities, the transaction is also likely to minimize any secondary reactions affecting the public's confi dence in the banking system. Where rela tively large banks are involved or where the failure coincides with uncertainty in financial markets, this confidence factor is one that should not be minimized. If the acquiring bank acquires or pur chases a substantial amount of assets, this not only facilitates the disposition of the assets for the FDIC but also is consistent with maintaining the established banking relationship between loans and deposits which is necessarily severed in a payoff. In recognition of the value of acquiring a going business, the assuming banks will usually pay a premium for the assets and deposits of the failed bank, thus reducing the net loss resulting from the bank fa il ure. In effect the FDIC is able to recover, for the benefit of creditors and share holders, a "going business" value or good will from the failed bank. In contrast, the 161 necessary transfer of deposits to other banks by individual depositors following a payoff commands no such special price from the recipient banks. Despite these advantages, it has not always been possible for the FDIC to arrange a purchase and assumption. Since January 1, 1971, for example, purchase and assumptions could not be arranged in 15 of the 40 banks that closed. In unit banking States it may be impossible to find a nearby bank that is interested or in a position to acquire the failed bank. Since the office of the failed bank must be closed, the potential purchasing bank cannot be sure of retaining the bulk of the failed bank's business. Similarly, in unit banking States or States in which branching statutes are restrictive, other wise suitable banks located elsewhere in the State cannot even be considered. Even in unit bank or restricted branching States where multibank holding com panies are permitted, the cost or com plexities of establishing another bank (as opposed to a branch) may be enough greater as to make the acquisition of the defunct bank unprofitable. Of the 13 payoffs since January 1, 1971, all of them have been in States which at the time of failure had either unit banking or limited branching laws. Even in full branching States, however, it may be that the market served by the defunct bank simply has insufficient val ue to attract the interest of any bank large enough to manage the assets and liabilities. In order to make the purchase and a ssu m p tio n transaction attractive to potential takeover banks, the FDIC in demnifies that bank against unknown liabilities that may surface after the take over. That indemnity is one given by the Corporation in its role as a Corporation, not in its role as a receiver, and therefore is not limited by the estate of the failed bank, but rather is supported by the deposit insurance fund. In cases of fraud, the consequences may be so severe as to 162 FE D E R A L DEPOSIT INSURANCE CO RPO RATIO N convince the Corporation that granting such an indemnity to the acquiring bank may involve too much risk to the insur ance fund. More specifically, since the Corporation is permitted under section 13(e) of the statute to assist in a purchase and assumption transaction only if doing so w ill "reduce the risk or avert a threat ened loss" to the Corporation (inter preted over time by the Corporation to mean "o n ly if it's cheaper") if the assets and contingent liabilities of the closed bank are too ill-defined for the Corpora tion to make a reasonable estimate of the comparative costs of an assumption ver sus a payoff, it may not do so. Despite our care, under such uncertain conditions the Corporation probably has erred on both sides, opting for a payout in some instances of fraud or embezzlement when subsequent developments suggested that a purchase and assumption transaction would have been less costly and, in a few instances, opting for a purchase and assumption which later proved to involve considerably more liabilities or worthless assets than expected. In several recent bank failures, the FDIC has concluded that it was necessary to exclude from assumption contingent and suspected claims in order to deter mine that the purchase and assumption was cheaper. We believe we have the power to do that. But that determination is being challenged in court. If the claim ants prevail, under our present statute it may be d ifficu lt to arrange a purchase and assumption where we are unable to define the liabilities of the bank on the date it closes. Even in bank failures not beset by embezzlement or wrongdoing, however, there are still many uncertainties concern ing the financial status of the closed bank and the possible outcome following clo sure. Since 1951, the Corporation has attempted to make informed cost esti mates in accordance with statutory re quirements to choose the most econom ical alternative. Under the method used, we first estimate the insured and unin sured shares of the expected loss. The Corporation assumes the full loss in an assumption and only the insured share of the loss in a payout. Thus, the difference in these two figures—represented by the uninsured share of the loss—deter mines the additional cost to the Corpora tion of an assumption. From the resulting fig ure, we also usually subtract the administrative costs of distributing de posit balances to insured depositors— costs which are incurred in a payout but not in an assumption. The remaining d if ference must be made up in some manner in order for the Corporation to justify a purchase and assumption on a cost basis. Typically, this is done by a premium paid by the acquiring bank which assumes the liabilities and certain of the assets of the failed bank. The premium offered is usually determined through closed bids submitted by potential buyers—usually, but not always, existing banks or bank holding companies. In practice, the assuming bank usually does not take over all of the assets of the failed bank. Many of those are of such poor quality that we do not want to weaken the takeover bank by requiring it to take them. These are taken over by the FDIC which then provides cash to make up the difference between assets pur chased and liabilities assumed (less, of course, the premium paid). For example, assume a bank fails with deposits and nonsubordinated liabilities of $100 m illion and of this total $75 m il lion (75 percent) is insured deposits. Anticipated losses are projected at $20 million. In a payoff, uninsured depositors and other creditors would absorb 25 per cent of the loss, or $5 million. In a pur chase and assumption, assuming the FDIC buys back all questionable assets, all losses would be absorbed by the FDIC. Thus, an acquiring bank would have to bid at least a $5 m illion premium (less the saving to the FDIC of avoiding the cost of paying insured depositors in a payoff) to STATEM ENTS BY CO RPO RATIO N DIRECTORS justify the transaction on a cost basis. Since October of 1974, following an announcement to that effect by thenChairman Wille, the FDIC has made a special e ffort in all failures to arrange a purchase and assumption transaction, including developing and using the con cept of an "all cash" or "clean bank" transaction, one in which the Corporation delivers to the takeover bank cash equal to the liabilities assumed less the pre mium. Since that time, only 4 of the 24 banks which have failed have been han dled by a payoff rather than a purchase and assumption transaction. These four banks were each under $20 m illion in deposits when they failed. As I have sug gested, it is the preferred method for rea sons other than cost, and one might expect that this might lead us to fudge our cost estimates in favor of a purchase and assumption. However, that does not seem to have been the case. In fact, a recent review of our method of calcu lating comparative costs revealed that some additional considerations should properly be taken into account, which would significantly improve the relative cost status of assumptions so that in even more cases than now they would be less costly to the FDIC than payoffs, even if the premium bids were to fall short of the uninsured depositors' share of the loss as currently calculated. Depending on how long a bank is known or suspected to be in trouble be fore being closed, there is a strong likeli hood that a significant number of unin sured depositors, especially those holding sizable demand deposits, will have w ith drawn the exposed portion of their de posits, leaving balances that to a consider able extent are protected from any loss by preferred status, pledged assets, or offsetable loans. The latter had not figured in our calculations until examination of the F ra n k lin National Bank failure showed how significant a factor offsets could be, particularly in a large-bank fa il ure. We estimate that about three-fourths 163 of the uninsured demand deposits and one-third of all uninsured domestic de posits remaining at Franklin at the time it closed were protected by loan offsets. On this basis, the premium required to justify arranging a purchase and assumption rather than paying o ff insured depositors was nearly one-third smaller than the amount estimated by ignoring offsets. Where there is sufficient time and the stakes are relatively high, we have tried to structure the transaction so that the ac quiring bank takes a considerable portion of the assets of the failed bank. This both puts individual borrowers in a much bet ter position than they would be if their loans were left in the receiver's hands and disrupts the community less. In addition, it minimizes the FDIC's cash outlay and foregone interest, and tends to reduce our losses on collections as well as liquidation expenses. O ur liquidators are skilled profes sionals who do an excellent job of collect ing on the assets of closed banks. Never theless, in many instances an acquiring bank has advantages in loan collection compared with the FDIC acting as re ceiver. Where loans are current and asso ciated with a deposit relationship, they are worth more to the bank than to the FDIC. A bank may be very happy to carry or even extend a loan arrangement where sizable deposit balances are in volved. Where workouts involving addi tional advances are necessary, the bank as an ongoing financial institution typically has more fle x ib ility than the FDIC acting as a receiver. Frequently, though not always, the acquiring bank has staff, experience, and expertise in the local market and because of this may be able to move more knowledgeably in the early phases of the collection process. In prac tically all cases, buildings, leases, and other physical facilities are worth more on a going-concern basis to the acquiring bank than they would have been if they were liquidated in a payoff. If a collec tion matter ultimately ends up in court, 164 F E D E R A L DEPOSIT INSURANCE CO RPO RATIO N the FDIC sometimes appears as an out sider with unlimited resources attempting to take all the assets of an unfortunate local merchant or businessman. In many of the smaller purchase and assumption transactions, we have not required bidding banks to take loans of the failed bank. Even in these trans actions, however, acquiring banks fre quently buy some loans, thereby facilitat ing the liquidation process. Within the FDIC we have been looking at the pur chase and assumption process to see how such transactions might be modified and improved. It may be feasible to structure transactions so that acquiring banks usually take a high percentage of assets. By minimizing FDIC cash outlays, fore gone interest, and liquidation expenses, the overall cost to the FDIC might be further reduced. In 1951 a Congressional committee was severely critical of what appeared to be an automatic FDIC decision to use the purchase and assumption alternative in all bank failures. In fact, there had been no payoffs between 1944 and 1951, and comparative cost tests had been virtually ignored. The result, of course, could be predicted: one bank with total assets of only $637 thousand required an outlay by the FDIC of $1.8 m illion and an u lti mate loss of $1 m illion, to effect FDICassisted purchase and assumption with accompanying indemnities to the take over bank. Following that criticism, the FDIC became and has remained very care ful to arrange purchase and assumption transactions only when the costs justify that decision, and as I have mentioned, there have been a few instances in which payoffs have occurred. Nevertheless, all of the considerations I have mentioned suggest that we are like ly to continue to handle most bank fa il ures through purchase and assumption transactions as we have during the past few years. While subordinated creditors and equity investors typically lose most or all of their investment in purchase and assumption transactions, depositors and nonsubordinated creditors incur no los ses. As a result we have had de facto 100 percent insurance for all depositors in most banks in recent years. What we have not had is equity, fairness, and logic in determining which are to be the few depositors who do not have 100 percent insurance. Those instances where depos itors have experienced losses in payoffs have reflected special circumstances from the FDIC's standpoint—not from the depositors'. For example, there were some cases where it was not possible to arrange for a purchase and assumption because of the location of the bank, because of the State's branching and holding company laws, because the FDIC could not get a good fix on liabilities because of pending lawsuits or suspected fraud, etc. Uncer tainty and potential cost considerations may have afforded logical reasons for a payoff in such cases as far as the FDIC was concerned. However, uninsured de positors were not necessarily at fault. They were unlucky. I recognize that these were large depositors who presumably were sophisticated and knowledgeable enough to scrutinize the condition of the bank before making their deposits. The fact is, however, that would not have helped in all cases. The sophisticated depositor is more likely to be able to detect poor management, which will probably lead to a purchase and assump tion transaction in which he will be 100 percent insured if he leaves his deposit with the bank, than to detect fraud, which is more likely to lead to a payout and some loss on his deposits. In a few other instances where the con tinued existence of the failing bank was essential to the community served, the FDIC has provided direct assistance under section 13(c) of its statute, thereby elimi nating or postponing the need for closing the bank and losses to depositors. This section has been used rarely by the FDIC, STATEM ENTS BY CO RPORATION DIRECTORS at least partly because it requires a fin d ing that preservation of the bank in ques tion is . essential for providing adequate banking services to the community. While I do not quarrel with the appropriateness of this test, it has nothing to do with any equitable determination from the depositor's standpoint of which depos itors get covered in full and which do not. A n othe r factor affecting depositor losses has been the timing of bank clos ings. Decisions on bank closings are made by agencies that charter the banks: the Comptroller of the Currency and the State bank supervisors. The Federal Re serve may play an important role in con nection with advances to member banks and the FDIC provides input to the Comptroller and the States. Delays in closing a bank, avoidable or unavoidable, particularly after adverse publicity, en able some large depositors to withdraw funds to avert a possible loss. In some instances such delays have benefited spe cific depositors, perhaps just those depos itors who we have argued over the years provide the discipline to top manage ment. It may also be, however, that those depositors who leave during the delays just happen to be those whose deposit certificates mature during the period, a relatively illogical basis for pre ferring one uninsured depositor over another. Such withdrawals, whatever the basis, increase the share of loss borne by other uninsured depositors if the bank is paid off. If we have almost 100 percent deposit insurance and the present system appears to work in an almost random way in its treatment of depositors—similar depos itors are treated differently in different cases—why not go to 100 percent deposit insurance? Obviously, this proposition is more complicated than that. The possibil ity that presently uninsured depositors will lose money in the event of a bank failure, for example, does make a differ ence in the behavior of some depositors and, as a result, in the behavior of some 165 bank managers. This difference is impor tant and its impact, I believe, has some good and bad consequences. I do not have the time today to trace those effects in detail—that is in fact another speech which I plan to make soon—but I would like to briefly review the arguments for and against 100 percent deposit insur ance, w ithout, at least for the time being, committing to the support of any of them. First, the obvious arguments in sup port: 1. One-hundred percent deposit insur ance obviously will provide additional protection to those depositors whose deposits are not now fully protected. Based on past experience, the cost of this additional insurance coverage to the FDIC would be small. We have calculated that the additional cost to the FDIC of payoffs made throughout the Corpora tion's history, if none of the loss had been borne by uninsured depositors and the same banks had failed, would be about $13 million. Of course, that is a small figure in part because large bank failures have been handled through pur chase and assumptions. For example, if USNB had been handled as a payoff rath er than a purchase and assumption, this figure would be $88 million. An impor tant point, as we have noted, is that in effect, we already have almost 100 per cent deposit insurance because of our pol icy of arranging purchase and assumption transactions wherever possible. 2. With 100 percent deposit insur ance, depositors would have no need to withdraw funds from banks with prob lems, and runs on such banks would not be likely to cause a failure. Under our present system, when a bank gets into d if ficulty or is exposed to adverse publicity, some uninsured depositors tend to flee, exacerbating that d ifficulty. One-hundred percent deposit insurance would lim it d e p o s it outflows in adverse circum stances, thus providing more time to work out a solution for the problem bank 166 FE D E R A L DEPOSIT INSURANCE CORPORATION or for management to turn the bank around. If these considerations prevail over other contradictory considerations, we would expect to have fewer bank fa il ures under a system of 100 percent de posit insurance. 3. One-hundred percent deposit insur ance would have a beneficial impact on competition among banks. A t present, institutions deemed to be more solid or more conservative have an advantage in competing for deposits. Perhaps this is as it should be. However, depositors may not be able to differentiate accurately among banks according to risk, and for some depositors, size becomes a proxy for soundness. Or depositors may simply assume that we will not allow a large bank failure to result in a payoff* **. Onehundred percent deposit insurance would probably improve the competitive posi tions of small vs. large banks and of new vs. established institutions. Over time this would ordinarily be expected to reduce the level of concentration in banking and to lead to more competitive pricing of banking services. 4. Because, as I have mentioned, we would not need to fear provoking runs on troubled banks, fuller public disclosure of adverse information on a bank's financial condition could be made. This would lead to more informed business decisions by investors and customers of the bank. * * * Statistical I y, there is some support fo r that position, as evidenced by the fo llow ing: During the period 1971 to September 1, 1976, of the banks that closed, 29 were less than $25 m illio n in deposits. Twelve of these were paid out, 15 were acquired by a th ird party in an FDIC-assisted purchase and assumption transaction, and 2 became deposit insurance national banks. Seven of the failed banks were between $25 m illio n and $100 m illio n , and o f these only one was paid out. Four were over $100 m illio n and none o f those were paid out. Logically, legally, and historically, however, the fact remains th a t no one can be certain that the FDIC w ill always be able to avoid paying o ff even a large bank. 5. There has been much discussion in the past about the distortions caused by State pledging requirements for deposits of public funds. With 100 percent deposit insurance, such requirements could be eliminated w ithout any risk of loss to the depositors. The obvious arguments against 100 percent deposit insurance: 1. The principal and traditional argu ment against 100 percent deposit insur ance is that uninsured depositors place limits on the riskiness of bank operations. While there is some debate about how effective such influence is, few would deny that to a degree at least, it exists. With 100 percent insurance, banks anx ious to increase their risk by bidding aggressively for deposits and loans might be able to do so w ithout any market re straints. No banker wants to lose money or fail, but some would be willing to take on considerable risk if they consider potential rewards in the form of growth and earnings to be sufficient. This weighing of risk and reward works in most sectors of our economy, but we normally expect most of the risk to be assumed by equity investors. Where leverage is sought, lenders restrain the extent of overall risk by imposing restric tions—higher interest rates—and limiting available funds as risk is increased. In the banking system, depositors provide most of the funds, and if 100 percent deposit insurance were to exist, much or most of the risk would be borne by the deposit insurance fund. Let me emphasize that the argument is not that most or even many bankers would behave irresponsibly if we had 100 percent deposit insurance. Rather, it is that 100 percent deposit insurance would eliminate market restraints that many be lieve presently exist which lim it the amount of deposits available to the overly risky, overly aggressive, overly optimistic, or self-serving operation. 2. To protect its position, the FDIC might need authority to restrict leverage STATEM ENTS BY CO RPORATION DIRECTORS or the composition of bank asset port folios if 100 percent deposit insurance were to exist. Traditionally, the FDIC has opposed the regulation of the operational mix and I think most bankers have op posed it, fearing that regulatory restric tions might be more costly than the bene fits of 100 percent deposit insurance. 3. As long as there are no runs or liquidity pressures on banks in d ifficulty, supervisors might be reluctant to close banks that are insolvent or operating in an excessively risky fashion. 4. In view of the greater risks which banks might take and the longer time before they are closed, the ultimate losses to the insurance fund might be large. In fact, our past experience of very limited losses may not be a true indication of the potential risks under 100 percent deposit insurance. There are, of course, other issues in volved that I have not even mentioned. 167 These include the premium structure for deposit insurance. The suggestion has often been made that deposit insurance premiums be tied to the riskiness of the bank, a suggestion that is easier to justify in principle than to work out in practice. Others argue that there is an inequity in that banks pay premiums on all deposits even though part are not insured. What should we do about insurance coverage for deposits of American banks abroad? Or about the deposits of U.S. branches of foreign banks? If deposits are insured 100 percent, what are the implications for capital needs in a bank? Would the new m ix of risks affect monetary policy mechanisms? I cannot resolve all these issues today, but I believe that the bank ing system would benefit from public dis cussion of the issues I have raised today, and as I indicated at the outset, this is probably a good time to begin such dis cussion. F E D E R A L DEPOSIT INSURANCE CO RPO RATIO N 168 Address by Robert E. Barnett, Six A lter natives to the Present Deposit Insurance System* In a recent speech I discussed the adequacy and fairness of the current deposit insurance system, and described in detail how the FDIC deals with bank failures and the bases for our decisions in handling failing banks. After pointing out the inequity in the present system for certain uninsured depositors, I went on to consider briefly the rationale for the one alternative normally suggested-100 per cent deposit insurance. Today I intend to explore more thoroughly the arguments and implications not only of 100 percent deposit insurance, but also of other alter natives to the present system, some of which may be more desirable than 100 percent insurance. The basic purpose of deposit insurance is to protect the banking system against destructive runs on deposits as well as to protect the depositors themselves. With respect to the latter, most depositors have fared extremely well in the 531 insured banks which have been closed since the establishment of the Federal Deposit Insurance Corporation. About 99.8 per cent of all depositors, large or small, fu lly recovered their deposits almost imme diately. Out of $4 billion in deposits at fa ile d banks through 1975, approxi mately $267 m illion was lost or is ex pected to be lost. Of this amount, unpro tected depositors have recovered or will recover all but about $13 m illion, the Corporation absorbing the remainder. The high recovery rate for depositors is attributable mainly to the fact that over $9 out of every $10 in deposits were in bank failures which were handled by purchase and assumption transactions, transactions in which the FDIC provides assistance enabling another bank to assume all of the failed bank s liabilities, * Presented before the Nebraska Correspondent Bank Conference, Lincoln, Nebraska, Sep tember 2 4 ,1 9 7 6 . in e ffe c t, p ro v id in g b o th a lik e . to and S u b o rd in a te d in v e s to rs th e ir 1 00 u n in s u re d g e n e ra lly in v e s tm e n ts p urch ase and p e rc e n t in s u ra n c e in s u re d d e p o s ito rs c re d ito rs lo s e in m o st e ith e r and o r e q u ity a ll a p a y o ff of o r a a s s u m p tio n . The present law, however, restricts our ability to arrange a purchase and assump tion in all cases. It requires that we ar range an assumption only when the cost of doing so is less to the FDIC than a payoff. In addition, of course, the FDIC has to be able to find a buyer and in some cases, particularly in unit banking States, that has proved impossible. In Nebraska, for example, of the eight failures since the FDIC was created all have been pay offs, with the attendant disruptions, rath er than assumptions. Nevertheless, since October of 1974, when the FDIC made this policy explicit, only 4 of 28 bank failures have been handled by payoff rather than purchase and assumption. By resorting to purchase and assump tions whenever possible, we have pro vided de facto 100 percent insurance for all depositors in most banks in recent years. What we have not provided is equity, fairness, and logic in determining which are to be the few depositors who do not have 100 percent insurance. Those instances where depositors have experi enced losses in payoffs have reflected special circumstances from the FDICs s ta n d p o in t-n o t necessarily from the depositors'. That is, there were some cases where it was not possible or appro priate to arrange for a purchase and assumption because of the location of the bank, or because of the State's branch and holding company laws, or because the FDIC could not get a good fix on liabilities because of pending lawsuits or s u s p e c te d fraud. Uncertainty and poten tial cost considerations may have af forded logical reasons for a payoff in such cases as far as the FDIC was concerned. However, uninsured depositors were not necessarily at fault. They were unlucky. I STATEM ENTS BY CO RPO RATIO N DIRECTORS recognize that these were large depositors who presumably are sophisticated and knowledgeable enough to scrutinize the condition of the bank before making their deposit, but that probably did not help. The sophisticated depositor is more likely to be able to detect poor manage ment which w ill probably lead to a pur chase and assumption than fraud which is more likely to lead to a payoff. If we have almost 100 percent deposit insurance and the present system appears to work in an almost random way in its treatment of depositors—similar depos itors getting treated differently in differ ent cases—why not protect those inno cent uninsured depositors by going to 100 percent deposit insurance? Let's explore the possibility. First, the five most obvious arguments in support of such a change: 1. One-hundred percent deposit insur ance would provide protection to those depositors whose deposits are not now fu lly protected. This can be done with only minimal additional cost to the FDIC, if past experience is any guide. The additional cost to the FDIC of payoffs made throughout the Corporation's his tory, if none of the loss had been borne by uninsured depositors and the same banks had failed, would be about $13 million. Let me insert a caveat at this point, however. If one or more of the recent large bank failures had been pay offs, the amount of loss to uninsured depositors would be much larger and therefore, the cost of moving to full in surance much more costly to the FDIC. If just one bank failure, U.S. National Bank in San Diego, California, had been re solved with a payoff rather than a pur chase and assumption, the cost to unin sured depositors would have increased from $13 m illion to $88 million. 2. With 100 percent deposit insurance, depositors would have no need to w ith draw funds from banks with problems, and runs on such banks would n o t be likely to cause a failure. Under our pres 169 ent system, when a bank gets into d iffi culty or is exposed to adverse publicity, some uninsured depositors tend to flee, exacerbating that d ifficulty. We must remember, when comparing banks with other corporations, that much of bank liabilities are payable on demand and free to leave in response to adverse publicity. One-hundred percent deposit insurance should lim it deposit outflows in adverse circumstances, thus providing more time to work out a solution for the problem bank or for management to turn the bank around. Of course, not all deposit out flows would be forestalled since depos itors typically want to do business with banks that can provide loans and other services, and the troubled bank is apt to be less able to serve its customers. We expect that these factors would lead to a reduction in the number of bank failures, but that is by no means assured. What is more certain is that there would be fewer payouts. The purchase and assumption procedure could be used in almost every failure if deposits are in sured in full. 3. One-hundred percent deposit insur ance would have a beneficial impact on competition among banks. A t present, institutions deemed to be more solid or more conservative have an advantage in competing for deposits. This is as it should be. However, depositors may not be able to differentiate accurately among banks according to risk, and for some depositors, size becomes a proxy for soundness. Or depositors may simply assume that we will not allow a large bank failure to result in a payoff. Statis tically, there is some support for that position, as evidenced by the following: During the period 1971 to the present, of the banks that closed, 30 had less than $21 m illion in deposits. Twelve of these were paid out, 16 were acquired by a third party in an FDIC-assisted purchase and assumption transaction, and 2 be came deposit insurance national banks. Only one of the seven failed banks be 170 FE D E R A L DEPOSIT INSURANCE CORPO RATIO N tween $21 m illion and $100 m illion was paid out, and none of the five with more than $100 m illion in deposits was paid out. The present system, then, gives a de cided competitive edge to very large banks. One-hundred percent deposit in surance would probably improve the competitive positions of small vs. large banks and of new vs. established institu tions. Over time this would ordinarily be expected to reduce the levels of concen tration in banking and to lead to more competitive markets for banking services. 4. Because, as / have m e n tio n e d w e would not need to fear provoking runs on troubled banks, fuller public disclosure o f adverse inform ation on a bank's financial condition could be made. This would lead to more informed business decisions by investors and customers of the bank, and some of the controversy about proper bank disclosure could be eliminated. The FDIC has been concerned that in recent years the capital markets have become less open to banks, particularly to smaller banks. Fuller disclosure would make it easier for well-run banks to open these markets, and to open them at reasonable rates. Large customers could become more confident that their business was safe in smaller banks if they had more disclosure of the condition of the bank. 5. I f we had 100percent deposit insur ance, pledging requirements fo r State and local governments could presumably be eliminated. State and local governments already have preferred treatment with respect to their deposits in banks. They now have insu ra n ce coverage o f $100,000, and the remainder, in most States, is protected by pledging require ments. Those bankers and others who view pledging requirements as an impedi ment to the efficient utilization of bank assets, and a reduction in bank liquidity, would count its elimination as an advan tage of 100 percent insurance coverage. Those treasurers of public bodies and others concerned with the market for State and local government securities probably would view the elimination of pledging requirements as an undesirable aspect of 100 percent deposit insurance. There are other techniques for providing a continuing market for municipal secur ities, however, that probably would be effective even if pledging requirements were eliminated. Municipalities may be able to improve their markets, for ex ample, by providing fuller disclosure or by moving to taxable, subsidized borrow ings. Let me turn to the obvious arguments against 100 percent deposit insurance: 1. Uninsured depositors place limits on the riskiness o f bank operations. While there is some debate about how effective such influence is and no hard evidence is available, few would deny that, to a de gree at least, this influence exists. With 100 percent insurance, banks anxious to increase their risk by bidding aggressively for deposits and loans might be able to do so w ithout any market restraints. No banker wants to lose money or fail, but some would be willing to take on considerable risk if they considered potential rewards in the form of growth and earnings to be sufficient. This weigh ing of risk and reward works in most sec tors of our economy where most of the risk is assumed by equity investors. Where leverage is sought, lenders restrain the extent of overall risk by imposing restric tions, e.g., higher interest rates, and lim it ing available funds as risk is increased. In the banking system, however, de positors provide most of the funds. With 100 percent deposit insurance, there would be little reason for large depositors to im pose such market constraints. Aggressive high-risk-oriented banks, there fore, would be able to bid successfully for sizable additional time deposits at moder ately elevated interest rates, which under current conditions might have been avail able to them only at prohibitive rates or not at all. Under 100 percent insurance, then, all of this additional exposure to STATEM ENTS BY CO RPO RATIO N DIRECTORS loss would be borne by the deposit insur ance fund. Let me emphasize that the argument is not that most or even many bankers would behave irresponsibly if we had 100 percent deposit insurance. Rather, it is that 100 percent deposit insurance would significantly reduce the market restraints that many believe presently lim it the amount of deposits available to the overly risky, overly aggressive, overly optimistic, and self-serving operation. Of course, there would still be some competitive forces working in the direction of sound bank operations. Many depositors, partic ularly large business firms, are attracted to a bank by its ability to provide services efficiently and to grant credit when needed. A bank whose continued exist ence is in question is hindered in this competition for customers. 2. Since under 100 percent deposit insurance the exposure o f the FDIC fund may increase, the Corporation may need authority to restrict leverage or the com position o f bank asset p ortfolios in order to offset the greater risk exposure and costs. Some possible restrictions would be limitations on capital ratios, limitations on asset combinations, or some form of both. Traditionally, the FDIC has not sought additional powers over bank lever age or asset composition. In fact, we have tended to favor broader lending and in vestment powers for banks. Likewise, most bankers have opposed the mix of increased insurance and increased regula tion, fearing that regulatory restrictions might be more costly than the benefits of 100 percent deposit insurance. Over the last year or so, several large banks have gone to market to raise very sizable amounts of capital. Obviously, we are pleased to see that, because increased bank capital becomes part of the cushion for the deposit insurance fund. To some extent, these capital issues may have re sulted from informal pressure from the supervisory agencies, but I would not want to exaggerate our influence in these 171 decisions. The major factor probably was the bank's concern that capital ratios play a role in the competitive battle for large deposits. In a world of 100 percent de posit insurance, however, bankers may be able to attract fu lly insured large deposits with very low capital ratios. Since bank ers w ill not have the same incentive to maintain this cushion of capital protec tion for the deposit insurance fund, we may need authority to impose minimum capital requirements (or minimum liquid ity requirements, or more control over types of investments). 3. As long as there are no runs or liq u id ity pressures on banks in d iffic u lty , supervisors might be reluctant to close banks that are insolvent or operating in an excessively risky fashion. This raises a very important issue concerning bank fail ures and insurance. Do we want a situa tion in which a bank cannot fail? That is, do we want to keep inefficient, marginal banks open indefinitely? I do not think so, and 100 percent deposit insurance does not necessarily lead to that result. But there is a legitimate concern that supervisors may be reluctant to close a bank that could otherwise continue to operate indefinitely. Suppose a State supervisor concludes that a bank, on the basis of examiner classifications and mar ket depreciation of securities, is insolvent. Under present conditions, such a bank is closed on an asset valuation basis, or tends to lose deposits, finds it d iffic u lt to borrow Federal funds, and is closed on a liquidity basis in a relatively short time. W ith 100 percent deposit insurance, depositors w ill not shy away from such a bank and liquidity pressures w ill be ab sent. In such a case, human nature might well lead the supervisor to delay taking action to close the bank. He may not intend to delay indefinitely, but it might appear desirable to delay until after the next election or until the supervisor's term is up. The temptation to leave such problems to one's successor is great, and is not unreasonable. A fter all, perhaps the 172 F E D E R A L DEPOSIT INSURANCE CO RPO RATIO N examiner's loan classifications were too harsh, or perhaps the market will turn around and eliminate the depreciation in the bond portfolio, or maybe something else w ill come up to improve the bank's condition. Whatever the reason, if super visors react in this way, the risk of failure for inefficient, incompetent, or crooked owners and managers will be substantially decreased. 4. In view o f the greater risks which banks m ight take and the longer time be fore they are dosed, the ultimate losses to the insurance fund might be large. In fact, our past experience of very limited losses may not be a true indication of the potential risks under 100 percent deposit insurance. I mentioned earlier that if our past bank failures had involved 100 per cent deposit insurance the additional cost to the FDIC would only have been about $13 m illion. But that was in a world in w h ich in s o lv e n t banks were closed promptly and in which the prudence of uninsured depositors made it d ifficu lt for crooked or incompetent bankers to ob tain deposits. If large depositors, with no fear of loss, could put large amounts of fu lly insured funds in the hands of swin dlers, incompetents, or swingers, our losses could be much larger than past experience suggests. Where do these pros and cons lead us with respect to a position on 100 percent deposit insurance? Allow me to duck that question for the present and suggest other alternatives than 100 percent deposit insurance for dealing with the inequities of the present system. I see at least four or five alternatives: 1. It is clear that we can achieve all the benefits of 100 percent deposit insur ance by adopting a policy of always ar ranging for purchase and assumption transactions in the case o f bank failure. We can do so nearly all the time now, but there are some situations in which exist ing statutes do not allow us to use the assumption technique. There are some cases where the amount of uninsured lia bilities is so great, or the value of the bank's business is so low, that no poten tial assuming bank is willing to offer a premium sufficient to meet the statutory test that an assumption transaction can be assisted by the FDIC only if the cost to the FDIC will be less than in a payout. In cases of suspected fraud, we must be concerned that there are liabilities that do not appear on the bank's books, which we obviously do not want to underwrite. In other cases an assumption may appear undesirable because the potential acquir ing bank already has too large a share of the market, and an increase in that share would have anticompetitive effects on bank structure. In some of these cases, we can avoid a payout (and avoid the disruption to the local community from a bank closing) by using a provision of our law which allows us to provide assistance directly to a fail ing bank to keep it operating. This pro vision allows us to provide such assist ance, however, only when the continued existence of the failing bank is "essential" to its community. Obviously, there are very few cases in which that finding can be made—in fact, we have successfully used that section only four times in the history of the FDIC. To accomplish all the effects of 100 percent deposit insurance by a purchase and assumption in each failed bank case, we need a change in the law such that the FDIC would be required to arrange an assumption in all cases or, if an assump tion proves impossible, to provide direct assistance to keep the bank in operation. Actually, I believe we could accomplish about the same result w ith only very minor statutory changes which would give the FDIC Board of Directors greater discretion in arranging assumptions or in providing direct assistance to open banks. Some would object to putting greater discretionary authority in the hands of the FDIC Board on these matters w ithout also having clearer Congressional direc tion as to the policy to be followed. STATEM ENTS BY CO RPORATION DIRECTORS 2. One of the simpler proposals, and perhaps the most promising, is to provide 100 percent insurance o f demand de posits and lim it insurance on time de posits, i f any insurance is provided for such deposits at all, to something less than $100,000. Large CDs for which Regulation Q ceilings are not applicable would carry only limited insurance or, perhaps, none at all. Such "deposits," in most cases, are really money market in struments and logically could be distin guished from deposits. The SEC, for example, has long argued that they are securities. Keeping these funds at risk would retain some market discipline for banks, since it would place limits on the ability of the bank operating at high risk to bid successfully for funds on a regional and national basis. One appeal of this proposal is that it would not represent a substantial depar ture from present de facto arrangements. Unless a bank fails very suddenly (per haps as a result of some kind of fraud or theft), demand depositors generally can get out quickly by closing accounts, re ducing balances to the level of their out standing loan, or borrowing an amount equivalent to their demand balance. Under present arrangements, perhaps un fortunately, demand depositors frequent ly protect themselves by getting out, further exacerbating the bank's problem. If demand balances were 100 percent insured, protection for these depositors would not require the outflow of de posits. CDs would run off in periods of adverse publicity, but this would be a function of the m aturity structure of the bank's CDs, rather than a sudden col lapse. The troubled bank would generally have more time to work out its problem and the overall deposit outflow would be less. 3. A third approach toward expanding deposit insurance, one already suggested, would be to combine 100percent deposit insurance with minimum capital ratios, limitations on asset composition, or some 173 combination o f the two. A t the present time, the supervisory agencies' attitude toward capital adequacy is not subject to explicit rules. Many variables are con sidered in determining whether a bank's capital is adequate, including such factors as subjective as the quality of the bank's management. We may urge some banks to increase their capital (or their liquidity), but some may not do so, either because they are not able to or because they do not agree with our assessment. Actually, the supervisory agencies tend to be most successful in this area when the bank needs agency approval in connection with some application (say for a branch or holding company acquisition). Also, some bankers are more easily intimidated by the examiner or by the agency than others. Rules and standards are thus not always evenly implemented or adhered to. As a result, supervisory standards do not always seem uniform —within as well as between agencies. In view of this situation, perhaps it would be desirable if all insured banks were required to adhere to an explicit minimum capital-to-deposit or capital-toloan ratio. Such a requirement would not necessarily have to be related to deposit insurance. However, the imposition of such a standard could mesh well with a move toward 100 percent deposit insur ance and would probably be necessary if there is 100 percent insurance. Banks would be prevented from using the ex panded insurance to expand their leverage drastically. 4. A modest variation on this alter native would be to allow banks to get expanded or 100 percent insurance i f they meet some minimum capital ratio or other standard. However, it would be crucial under such a fluctuating system that there be no doubt or misconception in the depositor's mind as to whether his deposit was fu lly insured. 5. Another proposal would combine expanded or 100 percent deposit insur ance with a system o f variable rate insur 174 F E D E R A L DEPOSIT INSURANCE CO RPO RATIO N ance premiums. The idea of a variable rate insurance premium has been dis cussed periodically, particularly by aca demic economists, and not necessarily in conjunction with expanded deposit insur ance. While there is no necessary link be tween the two concepts—the proposal for a variable rate premium can be analyzed on its own—the variable rate premium could conceivably provide a substitute for the market discipline that is lost under 100 percent deposit insurance. The advantage of a variable rate insur ance premium in this setting is that pre miums are geared to risk. The conserva tively run bank whose operations pose little risk to the insurance fund is re warded with a low premium rate and vice versa, just as now the capital require ments serve as a rough approach to the same end. It is extremely d ifficu lt to put risk of failure on anything like an actuarial basis. We have not had that many failures dur ing the past four decades, and despite the substantial efforts in recent years to zero in on those variables providing early warning about failures, few, if any, would attempt to construct and defend a ra tional premium system based on research that has been completed so far. Similarly, while we try very hard to standardize our criticism of assets, there is sufficient vari ation between reviews to make it unfair to base any finely tuned system on an asset-classification foundation. I would not necessarily rule out the idea of variable rate insurance premiums because a rational, actuarially sound sys tem cannot be constructed. It might be feasible to establish a simple, seemingly arbitrary system that has the effect of putting banks into, say, three, four, or five risk categories. These might be based on a few simple ratios relating such vari ables as capital ratios, asset mix, income ratios, etc., w ithout attempting to defend the premiums in actuarial terms. Rather, they would be related to things the super visors consider relevant and their level would be set so as to bring about some desired result in terms of bank portfolios. Insofar as a bank placed into a high-risk class was unhappy about that, it could adjust its policies to change its risk cate gory. In that sense, there could be an element of choice in such a system. If premiums were set sufficiently high for banks in the highest risk category, the system might have a self-regulating qual ity such that the discipline of the un insured depositor might not be necessary, and such a system of insurance premiums could mesh with 100 percent deposit insurance. I recognize that the premiums set under such a system, and the levels of particular financial ratios, would be essen tially arbitrary. But that is not so far removed from our present system. The level of premiums at the present time appears adequate for the present risks of the banking system, but we cannot be sure that it is precisely correct or even anywhere near some hypothetical "cor rect" level. Also, under the present super visory system, while we attempt to coax many banks to raise capital, the results are certainly not uniform, and the figures we aim at are essentially arbitrary—except that we know "more is better." How steep would the variable rate structure have to go to discourage excess risk-taking while still keeping overall pre mium income in about the same relation ship to deposits as exists today? How do you appraise the capital position and asset mix of a bank where half its re sources are in foreign branches? Should we base premiums on subsidiary banks or should they be applicable for an entire holding company system? All these are questions that would have to be answered before variable premium rate insurance could be adopted. Let me conclude not with a selection or advocacy of a particular position but w ith some few additional comments about the present system. I have heard complaints from small banks that the STATEM ENTS BY CO RPORATION DIRECTORS present structure of deposit insurance and assessment is unfair to small banks. I have heard the same claim made by large banks. Perhaps we can simply assume that if both small and large banks think the present system is unfair to them, then it must be pretty good. But I think the issue is more complicated than that. Small banks argue that we provide 100 percent insurance for large banks but not small banks in that we have never had a payout of a large bank with losses to un insured depositors, whereas we have had such treatment of small bank failures. The small banks argue that this inhibits their ability to compete for large de posits. A large depositor may decide to put his uninsured deposit in a large bank, not necessarily because it is better run or a sounder institution, but because of his belief that in case of d ifficu lty the FDIC will not allow a payoff in a large bank situation. As I mentioned earlier, sta tistics do support this argument. The FDIC has paid o ff only one failed bank with deposits over $41 m illion, that one a $67-million Texas bank, even though 15 banks of over $41 m illion have either failed or required FDIC assistance to stay open. Large banks sometimes complain about the fact that deposit insurance pre miums are based on the total domestic deposits of the bank, not just on insured deposits. Thus a bank with a large per centage of its domestic deposits above $40,000 pays a premium that is higher in proportion to those insured deposits than a small bank with fewer uninsured de posits. Originally, this was done inten tionally to provide for a subsidization of the insurance fund by a large bank fo r the benefit of small banks. Since we now have a world in which large banks can and do fail, it does not appear that large bank premiums are subsidizing the cost of 175 small bank failures. Furthermore, large banks have many correspondent accounts and clearly benefit from a strong banking system. Small banks also argue that the assessment system is equitable since, in practice, large banks have had 100 per cent deposit insurance and hence it is only reasonable that they pay insurance premiums on 100 percent of their de posits. There is another complicating issue involved here, however. Deposit insurance premiums are based on total domestic deposits. Large banks now obtain a signi ficant percentage of their deposits from branches abroad. These deposits are not subject to insurance assessments, nor are they insured under the law. In practice, however, since we have always had as sumption transactions for large banks, these foreign deposits as well as all other unsubordinated liabilities of the bank have been protected in full. This appears to be an inequitable arrangement, though it is not clear in what direction we should move to resolve it. Perhaps deposits of American branches abroad should receive the same deposit insurance protection as their domestic offices. And perhaps these deposits, insured or not, should be sub ject to insurance premiums. These are just a few of the considerations I will leave for others to discuss. While I have suggested six proposals fo r dealing with expanded insurance coverage, each has several possible varia tions. As a result, there are lots of possibilites—some relatively simple and easy to implement such as 100 percent insurance on demand deposits. On the other hand, proposals related to variable rate pre miums are much more complicated. I am not sure where I come out at this moment. I believe, however, that the banking system would benefit from pub lic discussion of these issues. 176 F E D E R A L DEPOSIT INSURANCE CORPORATION Address by Robert E. Barnett, Consumer Issues* I would like to discuss today a con glomeration of ideas relating to laws and attitudes concerning banks and their cus tomers. Just as the consumer movement relating to banking has grown like Topsy, so has this speech. It has no logical se quence, reaches no major conclusions, and makes no dramatic philosophical statement. Still, in it I hope to address myself to issues which cause as much bitterness and frustration among bankers as any issues now outstanding, to laws whose enforcement is very costly and whose benefits remain unknown, and to questions the answers to which have had or w ill have dramatic impact on the three-way relationship of the regulator, the banker, and the public. I Congress has addressed itself to the relationship between the bank and its customer in several areas. In recent years, this has been most obviously and notably in truth-in-lending, fair credit reporting, real estate settlement procedures, fair credit billing, fair housing lending, equal credit opportunity, and home mortgage disclosure. If nothing else can be said about these laws, it can at least be stated that their enforcement has been controversial. As we at the FDIC discuss issues with bankers around the country, it is clear that this panoply of consumer laws has caused more irritation and frustration than almost anything else they care to discuss with their regulators. Similarly, as I visit with FDIC bank examiners as I attend our regional meetings around the country, similar frustration is voiced. Congress likewise is unhappy with the enforcement of some of these laws. And the presumed benefits to the consumer * P re s e n te d b e f o r e t h e 7 4 t h A n n u a l C o n v e n t io n o f T h e S a v in g s B a n k s A s s o c ia tio n o f C o n n e c t ic u t , D o ra d o Beach, 25, 1976. P u e r to R ic o , O c to b e r have yet to be measured. The complaint raised by both the regu lated and the regulator in some respects is quite similar—there are too many new laws and regulations and they are too complicated; we can't keep up with them. We want to obey (or enforce) the letter as well as the spirit of the law, but we can't be sure we know what it is. Many bankers go on to say (particu larly those 12,800 bankers who run mutual and commercial banks $50 m il lion or smaller in size) that they are di verted from their main banking respon sibilities by this mass of confusing laws and regulations, and that customers of their banks are being charged higher prices on bank services and products because of the added expense of com plying with laws the substance of which they had never violated anyway. The typical FDIC bank examiner says that enforcement of consumer laws con flicts directly with his primary charge to see that banks operate safely and remain solvent. As he is required to adopt more and more of an adversary position with the banker in the consumer area, espe cially in light of the examiner's belief that 95 percent of the banks try hard to be law-abiding and fair, and to provide a service to their community, the coopera tion he will receive from the banker in conducting traditional safety and sound ness examinations of the bank will dim in ish, costs w ill escalate, and the accuracy of the examination will suffer. Examiners could add that their train ing has been to deal confidentially with banks and supervise them in such a way that they w ill remain solvent, their prob lems w ill remain private, the confidence of the public in the banking system w ill endure, and the public w ill benefit as a result. They are very thorough by training and find it hard to take shortcuts in analyzing a problem. When faced with the tremendous number of consumer trans actions that take place during the course of a year between any bank and its cus STATEM ENTS BY CO RPO RATIO N DIRECTORS tomers, if the proper supervisory posture to be adopted is one of retroactive rem edy rather than prospective compliance, examiners w ill argue that it w ill be essen tial to review all consumer transactions so that everyone is treated fairly, a proce dure which w ill be overwhelmingly costly and time-consuming. The Senate and House Banking Com mittees are dissatisfied with the enforce ment of these consumer laws by the FDIC and the other banking agencies. As a quotation from a recent Committee Report states: 'T h e Committee found an unsatisfactory level of enforcement activi ties by all three agencies." There is a yearning for simplicity found in the reports of these committees quite similar to the yearning for simplic ity in the irritation expressed by the banks and the frustration expressed by the bank examiners. The Senate Com mittee, for example, criticizes the Federal Reserve Board for creating regulations "th a t are lengthy, complex, and tech nical . . . . with the result that both com pliance and enforcement are made more d iffic u lt." That same committee also renewed its recommendation that the FDIC, the Comptroller of the Currency, and the Federal Reserve Board institute fair housing lending regulations, including a requirement for racial recordkeeping. Actually, last August the FDIC and the Comptroller of the Currency began test ing fair housing lending forms and an nounced at that time that those forms were a necessary prologue to the creation of corrective regulation in the field. The chairman of the Senate committee has objected informally to the FDIC that those data collection forms are too com plex and lengthy and w ill frustrate the purposes of the Fair Housing Lending Act. While we disagree and feel the data requested are essential if we are to en force the act effectively, we also share this desire for simplicity and believe that our data collection in this area probably can be met by most banks w ithout the 177 use of additional forms beyond what they're already using. While I certainly agree that a simple law, a simple regulation, or a simple form is easier to follow or to complete, the fact remains that to enforce adequately the laws adopted by Congress one needs more than a simple regulation or a simple form. It is the statute, the purpose of the stat ute, and the complexities of the society in which we live, which lead to the regula tions or the forms which create the d iffi culties in compliance and enforcement. Nevertheless, the yearning for simplicity combined with effective compliance and enforcement exists in the Congressional Committees. Beyond that, however, there seems to be an im plicit belief that the bank regula tory agencies should become consumer advocates vis-a-vis the banks those agen cies regulate. This may well be the crux of the difficulties that I see in continuing to expect the bank regulatory agencies to adequately enforce the consumer laws. While this is what we hear from bank ers, bank examiners, and Congress, I cannot summarize what consumers have told us since we have no organized way of meeting w ith consumers. Our Office of Bank Customer Affairs, the unit created in the FDIC in response to recent legisla tion, has only been staffed for a few months and so far has not generated systematic input from consumers relating to their judgment of the benefits they have received from these many pieces of legislation or to the cost, both direct and indirect, they have paid. While proposed regulations are published for comment, we almost never receive a comment from an individual consumer. On the basis of inquiries received, it appears that con sumers are more concerned about insur ance coverage and interest rates than about recently enacted consumer protec tion laws. I expect that over time we will develop improved means of learning of consumer concerns and interests. 178 F E D E R A L DEPOSIT INSURANCE CORPORATION II It is important that you be aware of the framework w ithin which the FDIC operates. The FDIC is a creature of Con gress. When Congress passes laws which we are supposed to enforce, we'll enforce them, even if we might have disagreed with the creation of the law. If the appro priate Congressional Committee disagrees with the way we are enforcing laws, we must and w ill consider their comments. While we think our enforcement activi ties have generally been in accord with our statutory responsibilities, two recent reports by Congressional Committees have been critical of the consumer protec tion enforcement activities of the bank regulatory agencies. One was issued by the Subcommittee on Consumer Affairs of the Senate Committee on Banking, Housing and Urban Affairs, and the other was a staff report of the Subcommittee on Consumer Affairs of the House Com mittee on Banking, Currency and Hous ing. The House subcommittee staff report included a survey of approximately 20 percent of the consumers who sent w rit ten complaints to the agencies in 1976. We received some good reviews and some bad reviews. The good news is that "the Federal Deposit Insurance Corporation had the highest percentage of consumers who considered the agency's overall com plaint handling process to be excellent." The bad news is that only 32 percent of the consumers surveyed called our han dling "excellent," and only 27 percent indicated that they were satisfied with our resolution of their problem. While the subcommittee staff considers this to be rather poor performance, I am not so sure. Remember, consumers complain to us only after they have tried w ithout success to get their bank to resolve the matter w ithout our intervention. If we were able to effect a solution satisfactory to 27 percent of these unhappy bank customers that does not seem bad to me. In effect, the staff report seems to imply that in any dispute between a consumer and a bank, the customer is always right. I don't agree with this, though neither do I agree with the attitude of some bankers that "we never make a mistake, and hence, if there is a disagreement, the cus tomer must be wrong." The committee reports make a number of recommendations, most of which are already in effect or which make a good deal of sense i f we accept the view that the FDIC should play a greater role as a consumer advocate with respect to bank ing problems. The fact remains that there is a strong body of opinion in the Con gress that has put a number of consumer laws on the books and would like to see the bank regulatory agencies become more of a consumer advocate than they have been. I believe it is informative fo r our agen cies as well as the banking industry to list some of the major recommendations made by these Congressional Com mittees: 1. The FDIC should promulgate regu lations on fair housing lending, requir ing notations of the race and sex of applicants. 2. We should consider whether com pliance examinations should be con ducted separately from regular exami nations and by separately trained investigators. 3. The FDIC should insist upon af firmative remedies for violations of consumer laws, retroactive as well as prospective. 4. The FDIC should not hesitate to publicize violations of consumer laws. 5. The FDIC should create an "o u t reach" capability so that consumers will be able to file more easily their complaints w ith the FDIC; this would require not only an expansion of the Office of Bank Customer Affairs into the regions but apparently beyond the regional office. 6. The FDIC should educate con sumers on their rights vis-a-vis the STATEM ENTS BY CO RPORATION DIRECTORS banks, by the use of leaflets, posters, toll-free telephone numbers, and shop ping guides. 7. The FDIC should expand the Of fice of Bank Customer Affairs so that it will review and resolve all com plaints received from consumers w ith in its own unit rather than making use of bank examiners already existing in the Division of Bank Supervision. 8. The FDIC should create and dis tribute a consumer complaint form. Ill Whatever else may be the case, it is clear that the examination system already in existence gives the banking agencies a much greater ability to enforce consumer legislation in banks than any other exist ing agencies. The banking agencies period ically examine each and every bank in the United States. No other existing agency that might take over this enforcement responsibility periodically and systemat ically examines the entities it regulates. For example, the Federal Trade Com mission has the responsibility of enforc ing truth-in-lending laws with respect to furniture stores, appliance dealers, etc., but the commission obviously can en force such laws only as a result of a complaint. They are not on the premises examining the records of furniture stores or appliance dealers on an annual basis. The banking agencies, on the other hand, are in the bank every year looking in detail at the loan transactions of the bank. Thus, in the normal course of bank examination, we find some violations of law that would never be found by the Federal Trade Commission if it were the enforcing agency. To some extent we have been given these responsibilities because we already have an enforcement mechanism in place. But the mere fact that there is an exami nation force in operation does not mean that using that force to enforce consumer laws is free. All of our examiners are al ready at work full-time. Using an exami nation approach to enforcing consumer 179 laws requires the creation, in effect, of an additional examination force. We cur rently estimate that about 10 percent of our supervisory effort is taken up with reviewing compliance with laws and other matters not related to safety and sound ness. This amounts to approximately $5 million annually. Said another way, we have added approximately 230 employees to our work force to enforce consumer laws. This is tending to increase as the number of our responsibilities increases and as we seek to do a better job in this area. We need to add, for example, a sub stantial additional training program, since the regulations are extremely complex, and as I mentioned earlier, I hear com plaints from our examiners that they do not understand all the rules and are hard put to find the time to keep up with changes and additions. Since the area is not a static one, it is d ifficu lt to predict just what the cost will be ultimately in enforcing these laws through the examination process. Vigor ous enforcement along the lines the committees have recommended would cost substantially more than the current $5 m illion—at least double that amount. It is not up to us to determine whether the benefits justify these costs: that is a matter on which reasonable men may differ. I believe that Congress should and will consider these costs if we present them in an understandable way. We hope to be able to do that during the next session of Congress. Of course, we have no way of estimating the cost to the con sumer because of the additional costs added to the banking system itself but, obviously, the total additional cost to the banking system dwarfs the costs to the FDIC. An additional factor supporting this role for the banking agencies is the fact that in the past both the banking com munity and the banking agencies have supported the idea that any kind of legis lation affecting banks should be enforced by the banking agencies rather than other 180 F E D E R A L DEPOSIT INSURANCE CO RPO RATIO N governmental agencies. That has been the policy that has led to the enforcement of the financial disclosure laws by the bank ing agencies rather than the SEC and the definition of deceptive banking practices by the Federal Reserve Board rather than the Federal Trade Commission. That view on the part of the banking community in the past was based partly on the view that the banking agencies are more knowl edgeable about the real day-to-day prob lems and operations of banks than other agencies would be. That is still valid to day. It may also have been based on the view that the banking agencies would not enforce the laws as vigorously as other government agencies. I doubt that this was valid in the past, and I certainly do not believe that it is today. It may be time to rethink the general policy that enforcement of a wide variety of laws be enforced, with respect to banks, by the banking supervisory agencies. IV In considering whether the FDIC should take a stronger role as a consumer advocate, that is, go beyond what we al ready are doing, I am troubled by one important consideration: Will our taking a stronger adversary position vis-a-vis the bank with respect to consumer matters adversely affect the performance of our major activity, examination of the safety and soundness of banks? It has frequently been said before that the examination process is a cooperative one between the examiner and the bank rather than an adversary proceeding. If the banks begin to perceive the examiner as an enemy, will that destroy some of the free ex change of information and general co operation that facilitates an examination? I do not know whether that would be the case, but it is obviously a matter of great concern. I have raised this question in a number of recent meetings with our examiners and supervisors. A very large majority felt that increased enforcement a c tiv ity on consumer matters would adversely affect their ability to do a good job on safety and soundness examina tions. They may be wrong, of course, but their perception of the situation w ill alter the way the job gets done. It is possible that this effect differs with respect to the condition of the bank. It may be that with respect to a bank whose condition is poor and which is sub ject to substantial criticism from the ex aminer, the relationship is already an adversary one and would not be affected by what we would do in the consumer area. On the other hand, most of our ex amination time is spent in the overwhelm ing majority of banks that are in good condition. If in that majority of cases the ability of the examiner to do his job is going to be impeded and examination is going to take significantly longer, then that would be a severe loss to our exami nation program as well as a substantial increase in cost. I am concerned about this because I think that our performance in what up to now has been our major responsibility, the supervision of safety and soundness of banks, has been very good. I am reluc tant to see changes in that that may upset the quality of that performance in the absence of a clear-cut understanding of what we are doing. I recognize, however, that in some areas w ithin the general area of safety and soundness our relationship with banks is becoming more formal and, in some cases, more of an adversary rela tionship. We now issue many more ceaseand-desist orders in matters relating to bank safety and soundness. We recently imposed fines on banks that were delin quent in submitting required reports to us. These are evidences of a more armslength rather than cooperative relation ship between supervisor and supervised. V It is useful, I believe, to make a com ment at this time about the approach of the State of Connecticut and its banking department to truth-in-lending, as com pared w ith the approach of the FDIC. STATEM ENTS BY CO RPO RATIO N DIRECTORS The FDIC handles complaints differ ently from violations discovered during the course of an examination. With re spect to complaints, about 60 percent of which are handled in the Regional Office and the remainder in the Washington Of fice of Bank Customer Affairs, either the Regional Office or the Office of Bank Customer Affairs attempts to resolve the complaint either by telephone with the affected party and the bank or by author izing a field investigation by an examiner. If in the judgment of the examiner, the Regional Office, or the Office of Bank Customer Affairs the complainant has had his or her rights violated, the exam iner or the Regional Office will tell the bank the conclusion that they have reached and recommend that the bank make restitution or take whatever other affirmative action is necessary to remedy the violation. In nearly all cases, the bank is willing to do that. If a violation of a consumer law is dis covered during the course of a bank examination, however, the efforts of the Corporation are devoted to insuring that the bank w ill not continue the procedures which result in that violation in the fu ture. In other words, the remedy is pro spective rather than retrospective. The customer affected by the violation is not notified by the FDIC and the bank is not urged to take affirmative action with respect to that individual customer. It should be said that only a sample of truth-in-lending transactions is reviewed during the examination, a sample suffi ciently large to permit the examiner to judge whether the bank is complying with the law. The State of Connecticut, on the other hand, has a separate corps of examiners whose only examination responsibility is to examine banks and other financial in stitutions to insure that they are com plying with the Connecticut truth-inlending law. Rather than reviewing a limited sample, these examiners review nearly every consumer transaction that 18 1 has taken place in the bank since the last State bank examination. Every violation discovered, even those which in no way are harmful to the customer, is w ritten up and discussed with the banker. As I understand it, the Connecticut examiner and the department then make a decision on what affirmative action to take with respect to the violation and in many cases require the bank to compensate its cus tomer for damages suffered as a result of the violation. We are convinced that the Connecticut Banking Department and its compliance examiners do a more thorough job of reviewing the truth-in-lending violations in the State of Connecticut than the FDIC examiners do. Whether the addi tional cost the State incurs is worth the benefits to the Connecticut consumers we feel is a question for the State of Con necticut to answer, not the FDIC or the Federal Government. Connecticut is one of five States (the others being Maine, Massachusetts, Okla homa, and Wyoming) which the Federal Reserve, the Federal agency which has been given the authority by Congress to make such decisions, has exempted from the Federal truth-in-lending laws. The FDIC has decided that its exam iners should no longer examine banks in these five exempt States to see if they are complying with the truth-in-lending laws. It clearly is an unnecessary duplication with the activities already being con ducted by the state examiners in those States. VI Let me turn to some specific issues and conflicts in dealing w ith consumer matters. I mentioned earlier that in some cases where we find consumers have been treated unfairly, we have been successful in gaining restitution for the consumer. But our legal basis for this is not com pletely clear. Under section 8(b) of the Federal Deposit Insurance Act, the FDIC is empowered to order an insured non member bank to cease and desist from 182 F E D E R A L DEPOSIT INSURANCE CO RPO RATIO N any violation of law, "and further, to take affirmative action to correct the con ditions resulting from any such viola tions." While the limits of this authority have not been tested in the consumer protection context, we believe that the authority probably includes the power to order restitution in appropriate cases. What is an appropriate case, of course, will depend on a number of considera tions, not the least of which is the partic ular nature of the consumer's injury and whether restitution is necessary to com pensate for that injury. Our existing authority may be sufficient, but we believe it would be preferable to have a specific legislative authorization and mandate to require restitution. Despite comments by Congressional Committees that we should do more in protecting consumers, we have not been given this specific legis lative mandate nor, we must confess, have we specifically sought it. These considerations rest heavily on interpretations of law and regulation, and are somewhat afield from the a r e a of r e a l expertise of our examiners. I mentioned that over time we could fill this gap with appropriate training of our bank examina tion force. An alternative approach would be to have a separate consumer com pliance staff to handle enforcement in this area and separate compliance exami nations. We already have had the experi ence of separate compliance examinations in three States in which, on an experi mental basis and to a limited extent, we are not conducting safety and soundness examinations. While we have dropped the concept of separate examinations, there is strong support among our examiners for a separate staff of specialists. In part that is because they find the work dull, in part because they feel it is a deviation from an examiner's career path, in part it is be cause they feel the purposes of the two examinations are inevitably in conflict, and in part it is because it is too d ifficu lt to stay current w ith the changing laws and regulations in addition to their other responsibilities. As I mentioned before, if we do develop a separate corps of con sumer law examiners conducting separate examinations, there will obviously be a substantial additional cost to the FDIC, the banks, and the general public. Should we publicize a bank's mis handling of customer transactions? As I have indicated, we have usually been successful in getting banks to agree to change practices that we believe violate existing laws and regulations. We see no purpose to be served by public announce ment of past violations we have dis covered which have been inadvertent or technical, or have been corrected. If we are unable to gain agreement by the bank to change the offending practice, we can take some formal action under section 8(b) of the Federal Deposit Insurance Act. It should be said, however, that we have seldom been unable to get the cor rection made, and so seldom have con sidered a section 8 action. Once we in iti ate such a formal enforcement action, there may be some merit in publicizing that fact, the nature of the charges, and the eventual result. Such publicity may well have a legitimate deterrent effect, w ithout generally carrying with it the same potential for mischief present in the case of publicizing formal cease-and-desist actions involving unsafe or unsound prac tices. Nevertheless, it is quite probable that the threat of publicity may aid us in get ting the bank to resolve disputes in favor of the customer even if the bank feels it has acted fairly. I have serious reserva tions about using the threat of unfavor able publicity as a means of coercing a bank to do something it does not believe it is legally required to do. If there are differences concerning the legality or fair ness of certain practices, those should be resolved in accord with the judicial proc ess and not by a threat of unfavorable publicity. A fter all, our judgment is not infallible so why should we be permitted or encouraged to enforce it as though it were. STATEM ENTS BY CO RPO RATIO N DIRECTORS The idea of greater publicity leads to other problems as well. What if the bank has serious supervisory problems? In that situation the conflict between safety and soundness and enforcement of consumer laws is most obvious. I do not plan to discuss the merits of the consumer protection legislation that has been enacted. I must stress, however, that the merits deserve attention, review, and analysis. The experience of RESPA is a case in point. There undoubtedly were some abuses in real estate settlement procedures, and some changes in law were probably warranted. The specific action that Congress took, however, was too elaborate, too complex, and too cumber some. When the results of the law became apparent, Congress recognized reality and substantially revised the law, and I think the Congress deserves credit for that. You may feel that the shortcomings of the original law were obvious beforehand; in fact, many real estate lenders pointed out its shortcomings to the relevant Congres sional Committees. Obviously, their testi mony was not persuasive, perhaps be cause Congress has heard nothing but opposition to c o n s u m e r legislation f r o m bankers and no longer pays any attention to it. The experience of RESPA should improve the credibility with Congress of those who responsibly point out burdens in proposed consumer legislation in the future. Truth-in-lending is another example where the costs of the legislation are be ing recognized by the Congress. The Senate Banking Committee has called on the Federal Reserve to propose revisions in the law to simplify the regulations. It is d iffic u lt for us to articulate clear ly the estimated costs of compliance with consumer protection laws. But it is even more d iffic u lt to show the actual benefits to consumers from such legislation. The original objective of the truth-in-lending law was to enable consumers to shop for the lowest source of credit. The law does 183 make that possible, but we do not know whether consumers are taking advantage of that possibility and, hence, whether they are being benefited by the law. A study completed a few years ago con cluded that: Consumers who borrowed on install ment loans since the truth-in-lending law went into effect are more aware of the true rate of interest that they are paying than were consumers who bor rowed before the law was enacted. In spite of this improvement, however, borrowers are still largely unaware of the rate of interest they are paying even though this rate has, by law, been imparted on them. Only one-tenth of borrowers can estimate the rate of interest they are paying on a car loan with a 10 percent margin of error, and nearly half of all borrowers miss the mark by 50 percent or more. I think an updating of this sort of study is important, as well as a determina tion of whether consumers are actually shopping for credit. If consumers aren't benefiting from this legislation, then a lot of time and money is being wasted. If they are benefiting, then Congress has a way to measure the value of the legisla tion and to demonstrate, if that is the case, that these benefits outweigh the costs. The essential point here is simply that increased consumer protection laws have both benefits and costs. The net effect of every increased piece of consumer protec tion legislation is not necessarily to the good, nor is the resulting increased regula tion of banks necessarily bad. We need more objective calculation and evaluation of these costs and benefits. It is pretty clear, however, that we are going to have a substantial volume of legislation designed to protect consumers in their dealings with banks and other lenders, and we hope to contribute to a careful analysis of the costs and benefits of such legislation. 184 F E D E R A L DEPOSIT INSURANCE CO RPORATION V II These are just a few of the issues raised by the creation of legislation designed to establish standards of performance for banks in this country vis-a-vis consumers of banking services. The FDIC is in the midst of trying to adapt to the additional role given to it by this legislation. In many respects, this new role conflicts directly w ith the traditional role and function of the Corporation as a regulator of the safety and soundness of banks. While the costs and benefits are just now becoming apparent, I do not feel that it is the function of the Corporation to judge the merits of the legislation against these costs and benefits, but that it is our func tion to bring the costs and benefits to the attention of Congress. STATEM ENTS BY CO RPO RATIO N DIRECTORS Address by Robert E. Barnett, Bank Ex amination and Supervision* The FDIC examines and supervises 8,628 commercial banks and 331 mutual savings banks w ith combined deposits of over $285 billion. The Comptroller of the Currency examines and supervises 4,745 commercial banks w ith deposits of $450 b illio n . The Federal Reserve System examines and supervises 1,032 banks with deposits of $143 billion. While the num ber and size of banks examined by the Comptroller of the Currency have re mained relatively constant in relation to the growing number and size of banks in the country, the number and size of those examined by the FDIC have increased faster than the averages, and those ex amined by the Federal Reserve have dramatically decreased. Over 60 percent of the deposits supervised by the Federal Reserve, for example, now are concen trated in only 22 banks. The Corporation is thought of as the Federal agency that supervises only small banks; the Comptroller and the Federal Reserve are thought of as the agencies that supervise the large banks. This no longer is accurate. We now supervise three times as many banks with deposits over $100 m illion as the Federal Reserve and are approaching the number supervised by the Comptroller. We supervise more banks with deposits of over $1 billion, commercial and mutual savings com bined, than does the Federal Reserve. The trends over the past few years also support the growing importance of the FDIC as a Federal supervisor of banks. In 1956, 20 years ago, the Corporation supervised 6,983; the Comptroller, 4,651; and the Federal Reserve, 1,807. In 1966, 10 years ago, the Corporation supervised 7,724 banks with deposits of $108 bil lion; the Comptroller, 4,799 banks with deposits of $207 billion; and the Federal * P r e s e n te d c ia t io n 's b e fo re Bank th e M is s o u ri B a n k e rs A s s o D ir e c t o r s ' C o n fe r e n c e , B e a c h , M is s o u r i, N o v e m b e r 1 1 , 1 9 7 6 . Osage 185 Reserve, 1,350 banks w ith deposits of $86 billion. Five years ago, the numbers showed the FDIC with 8,211 banks with $183 billion deposits; the Comptroller, 4,600 banks with $316 billion deposits; and the Federal Reserve, 1,128 banks with $112 billion deposits. If those trends continue, especially if the 22 large banks currently supervised by the Federal Re serve were to cease to be supervised by the Federal Reserve, either by w ith drawing from Federal Reserve member ship or by converting to national charters, there w ill be only 2 rather than 3 Federal bank supervisory agencies. It is extremely important, therefore, that the FDIC make known its views on bank examination and supervision. The public, Congress, and the banking indus try should know what we view as the strengths and weaknesses in FDIC super vision, and what changes appear to be desirable, and perhaps even essential, in the near future. I Let me begin by saying that we expect bank examinations to continue. We recog nize that an argument can be constructed that concludes that it would be cheaper and no more risky to eliminate all bank examinations and use the money saved to pay o ff the "fe w " additional banks that might fail, to increase the capital position of weak banks, etc. The most important response to these arguments at this time is simply to say that we have had bank examinations in this country for 147 years and that we see no sign that we"ll eliminate them in the foreseeable future. The public expects banks to be examined by governmental agencies. It is more fru itfu l for the Corporation to attempt to analyze weaknesses that may exist in our supervisory process and to attempt to correct those weaknesses. II First, a quick review of the bank reg ulatory environment is in order. The 1960s and 1970s have brought changes 186 F E D E R A L DEPOSIT INSURANCE CO RPORATION which have important implications for the process of bank examination and supervision. One of these changes is simply the fact that banks have gotten bigger. As I have mentioned above, this is a much more significant change for the FDIC than for the other supervisory agen cies. I don't think we have completely adjusted to our new situation yet. Not only have banks gotten bigger, but banking has become more complex and a riskier business, particularly for these larger banks. Some years ago, we used to think that big banks could not get into serious trouble and that the real focus of bank supervision should be on the smaller banks. While there are many different ways to define the riskiness of different parts of the banking system, none of them perfect, it does appear that there has been an increase in risks in some large banks. One statistic which has received increasing attention in the last year or so has been the size of our "problem list." Although 971/2 percent of all banks are not on any problem list, we are con cerned about both the number and the size of banks which are on the problem list, some of them larger banks. Let me say quickly that the problem list reflects the condition of banks when they are examined, not necessarily their current condition. There is a substantial time lag between the time that a bank is found to be in a "problem " condition and the time it appears on the FDIC problem list; in cases of large banks, the time lag may be as much as 10 months. To a great extent, therefore, our problem list reflects the condition of the industry some time ago. It is our judgment, for example, that the condition of the banking industry is much better now than it was at the begin ning of the year, even though there were fewer banks on our problem list then. A n o th e r important change in the banking environment has been the entry of the consumer movement into banking, the result of which has been a sizable volume of consumer protection legisla tion enacted by the Congress in recent years. The major part of a typical bank examination has been and still is loan evaluation. The bank examiner, however, is responsible now for many other aspects of banking than the extension of loans and other aspects of the loan than its credit quality. The bank examiner must e n fo rc e truth-in-lending, equal credit opportunity, fair housing lending, home mortgage disclosure, and several other consumer protection laws. The banking agencies have been criticized in recent months for devoting inadequate resources to consumer protection. I think some of this criticism has been justified and we are increasing our attention to these mat ters. But with limited time and resources, this has implications for our ability to do the job of examining the safety and soundness of banks with current tech niques. We used to carry out the process of bank examination and supervision in an atmosphere of confidentiality and se crecy. Banks fe lt no obligation to disclose bad news about their operations, and the supervisory agencies certainly did little to encourage the disclosure and publication of bad news—in fact, just the opposite. There was such general acceptance of this as the appropriate approach in the bank ing field, I am told, that even if reporters or newspapers came across damaging in formation about banks, they did not think of publishing such information. That situation has changed. Banks are subject to disclosure under the securities laws, and the banking agencies as well as the SEC are prodding for increased dis closure. Whatever reluctance the media may have had to publish bad news about banks has certainly disappeared. A l though I am not happy about the ele ments of sensationalism that have occa sionally crept into some stories, I think the move toward broader disclosure is appropriate and desirable. But regardless of our feelings as to the desirability of increased disclosure, it is a fact of life and STATEM ENTS BY CO RPO RATIO N DIRECTORS is going to remain with us. These are some of the changes in the environment which have taken place in the past few years. I will discuss other changes in the context of specific changes we have made in our supervisory process to deal with them. Ill In the light of these changes, let me simply list what we at the Corporation have perceived as the most apparent de fects of our examination and supervision policies: 1. The best run and soundest banks have been examined too often. They are on approximately the same sched ule as poorly operated institutions. Over the past several years the record of examinations by all Federal author ities showed that two-thirds of the banks examined received almost no e x a m in e r criticism. The criticized banks tended to be the same banks year after year. 2. Large banks and small banks have been examined in much the same way, even though the differences in the banks may be such that an objective observer would argue that they are not even in the same business. 3. The weakest banks have not been examined often enough. Nor have the deficiencies revealed by examination always been followed up by the indi cated degree of aggressive action. Fair banks become poor before sufficient pressure for changes is applied to management and the directors and then it is often too late. 4. Too small a part of the examina tion has been dedicated to an in-depth analysis of matters other than the loan portfolio. 5. Insufficient attention has been given to changes in liquidity, securities portfolio, and source of funds. A bank's liquidity may be quickly erod ed by a change in investment policy or a change in liquidity needs. 187 6. Insufficient attention has been given to current earning trends. Quar terly or semi-annual income data are becoming widely available for the first time, which w ill provide the basis for closer monitoring of earnings deterio ration. 7. Too much of the examiner's time has been taken up on verification and audit-type work. Insufficient emphasis has been placed on evaluating and im proving internal controls. 8. Examination costs in travel and manpower are very high because of the great number of very small banks examined. 9. The training of a bank examiner has relied too much on an apprentice ship system, even though we have cre ated during the past few years a supe rior educational and training program which uses the classroom as its training ground. In addition, our judgment as to how good an examiner is has been based too much on his ability to assess loans. We appreciate that this is a lengthy list for a confessional. Nevertheless, we feel we have identified these weaknesses and we are attempting to deal with them. IV Rather than attempting a complete detailing of all the changes that have been made in bank examination and super vision in recent years, I want to highlight some specific changes which are signifi cant and illustrative of the adaptation of supervision to changing conditions. Several months ago, we instituted a new regulation relating to insider trans actions. We found that about half of our bank failures resulted from abuse of the bank by insiders. Some people would favor severe restrictions on or even pro hibitions of insider transactions. We did not feel that this is appropriate because in many cases the bank's board of directors comprises the best sort of customers for the bank. Others favored the idea of 188 F E D E R A L DEPOSIT INSURANCE CO RPO RATIO N broader disclosure of insider transactions, which are required in any event for reg istered banks. But we still have some con cern for the confidential nature of indi v id u a l c u s to m e r's transactions and adopted instead an approach that requires board of directors' approval of all loans and other transactions of certain sizes with insiders. We think this approach puts the responsibility where it should be, with the board of directors, and does so w ithout a blanket prohibition or wide spread public disclosure of what are appropriately personal transactions. Linder section 8 of the Federal Deposit Insurance Act, we have long had powers to take legal action against banks which are following practices we regard as un safe and unsound. Traditionally, bank supervision has been a relatively informal process with the examiner, supervisors, and senior FDIC staff meeting and dis cussing with bankers the problems we see in their bank. That inform ality is still characteristic of most of the bank super visory process, but there has been a per ceptible shift to greater use of formal actions. In 1960, there were two section 8 actions taken by the FDIC. This rose to four in 1965. In October 1966, the Cor poration received cease-and-desist powers, and since then section 8 activity has in creased with 7 actions in 1970 and 13 in 1975. Already during just the first 10 months of 1976, the FDIC has issued or authorized our lawyers to begin the proc ess of issuing 49 cease-and-desist orders. This is a reflection of our experimenta tion with these powers and our finding that there are some situations that call for formal action, and that the response we get from some banks in some situations is better with a formal action. We have taken several actions aimed at making the bank examination process more efficient. In some cases, these ac tions were necessitated by the fact that although the size of our examination force has increased, their responsibilities have increased even more rapidly. I men tioned earlier that the source of these increased responsibilities lies in the in creased size of banks, the increased com plexity of banking, and the increased responsibilities of the examiner for en forcement of laws and regulations not related to safety and soundness of the bank. One of the most important changes we have made is a greater delegation of authority to our Regional Directors. A number of relatively routine actions can now be approved in the Regional Office w ithout their being referred to Washing ton at all. This includes establishment of a new branch, moving an office, approval for a new issue of capital notes, and others. We have not delegated authority to deny applications and we have not delegated authority in certain d ifficu lt cases, but the change in the flow of paper and the burden in our Washington Office can be illustrated by the fact that in 1970, 527 applications for new branches were decided by the Board of Directors (after substantial analysis by Washington Office staff as well as field staff), while in 1975, only 137 such applications were decided by the Board of Directors. Some 368 were handled by our Regional Direc tors under delegated authority, with a savings in manpower we estimate at 9,000 man-hours in 1975 alone. Another attempt to be more efficient has been our withdrawal experiment. For the last 3 years, we have been carrying out an experiment in three States where by the FDIC foregoes its normal examina tion of the safety and soundness of a cer tain number of banks, and instead leaves that examination to the State banking department. We went through a careful and detailed process before selecting the States of Washington, Iowa, and Georgia for this experiment. There are some pluses and minuses to this experiment and we are not ready to provide a com plete evaluation at this time. It may be that the responsibility for certain func tions, e.g., audit-type functions in banks STATEM ENTS BY CO RPO RATIO N DIRECTORS lacking adequate internal controls, can be delegated to State supervisors while our examiners concentrate on loan and man agement evaluation. It may be that we should withdraw from examining certain sized banks, or certain banks of long standing proven quality. It may be that we should withdraw entirely from exam ining in certain States. It may be that we should simply drop the experiment and judge it a good e ffort but unsuccessful. A t any rate, the experiment has been one means by which we have attempted to deal with the pressure on our resources, the desire of some States to take a greater role in banking supervision, and the gen eral concern over duplication and over lapping in government regulation and supervision. Banking operations have become in creasingly computerized over the last 10 years or so, and so have bank records. Examination of the bank now involves analysis of files that consist of magnetic tape rather than neatly organized paper records. A whole new line of EDP courses have been created to train our examiners to use these new techniques. We have developed data processing packages to simplify the task of examining data cen ters and computerized banks. These are programs designed to work on a variety of computer configurations that produce the output needed by the examiner. This minimizes the disruption of a bank's computer center during an examination and provides our examiners with the in formation in precisely the format they need. In part because of these steps to make bank examination more efficient, some routine has been eliminated from exami nation. We are encouraging more discre tion on the part of the individual exam iner and the Regional Director. We have included some special pages in the exami nation report to be used when the Cor poration feels they are needed for evalu a tin g a bank's trust operations and nondomestic loans. We have tried to cut 189 what seems least essential and to rely on generally accepted sampling techniques ra th e r th an exhaustive reviews and counts. We don't believe there is any sig nificant risk in our being less detailed, but it is correct that the examination is some what less complete than it used to be. We are experimenting with specialization among examiners, which has the potential for more sophisticated and streamlined examination procedures, as well as more thorough examination in the fields in which the specialization is developed. Some changes in the bank examination process have been the result of policy decisions rather than attempts at better management of existing functions. For example, we have changed our policy to encourage more frequent meetings be tween the bank examiner and the board of directors of the bank examined. A number of years ago, we introduced a policy of a meeting of the examiner and the board of directors at the conclusion of an examination. We found that rep resented a waste of time since most banks were in relatively clean condition and getting the directors together for a meet ing with no real substance represented an undesirable imposition on the Board members, so the policy was discontinued. In the last couple of years, however, con ditions have changed. Now there usually is some matter appropriate for a dis cussion among the examiner and the directors, regardless of the condition of the bank. Directors have been more eager to meet with our examiners. The Comp troller of the Currency has recently changed its policy so that national bank examiners are required to schedule a meeting with the directors immediately after each examination. We have not yet made such meetings a universal policy but have certainly encouraged more meetings between examiners and boards of direc tors. In addition to developing specialists among our examiners and expanding their training to make them more cognizant of 190 F E D E R A L DEPOSIT INSURANCE CO RPO RATIO N recently enacted legislation, we are ex panding the pool of people from which we hire our examiners. Our examination force now has by far more female exam iners and members of minorities than was the case 5 or 10 years ago. Some of this change results from the elimination of past policies which were based on a feel ing that some characteristics of the job of bank examiner, for example, the constant travel involved, were such as to create problems for women. But more of the change is due to an affirmative action on the part of the FDIC to recruit members of minorities and women for examination positions. We have changed the policy of exam ining every bank every year, and now use various modifications of a full examina tion in different situations. Hopefully, this w ill permit us to spend more time examining banks that need the attention. As our newly revised examination policy states: . . . the scope of the examination may be curtailed. Full use should be made of the bank's EDP and management reports, sampling should be utilized wherever possible, and proof and veri fication procedures may be eliminated or substantially limited unless circum stances indicate additional effort is needed in these areas. Additionally, the volume of loans subjected to anal ysis may be reduced, and less impor tant branches need not be examined. Emphasis at these modified examina tions should be placed on management policies and performance; the evalua tion of asset quality, alignment, and liquidity; capital adequacy; and com pliance with applicable laws and regu lations. That policy goes on to say that, in cer tain circumstances, "fixed assets sched ules may be omitted from these examina tion reports," examiners may "utilize the output of (the bank's) systems, cash counts and proof and verification pro cedures may be omitted, branch offices which do not have a significant volume of important assets need not be examined, the Corporation's automated bank exami nation programs and monitoring systems will be used wherever possible in an effort to provide increased efficiency and con serve manpower, and sampling techniques should be used wherever possible." The changes I have described are sig nificant and we are now in the process of developing additional training programs to ensure their complete integration into operations. I would like to turn now to some additional changes in the process of bank examination that are not com pletely integrated in operations today but which will be in a relatively short time. V First, a comment about the efforts of the Comptroller of the Currency. The Comptroller of the Currency is just start ing to im p le m e n t some substantial changes resulting from the review of that office and its procedures by Haskins & Sells. It is d iffic u lt to summarize these changes but, to a great extent, they rep resent a reorientation of examination philosophy. Our present procedures start with a lot of detailed investigations of various aspects of the bank's activities and culminates in a meeting with top management of the bank to discuss over all findings and bank policy. The changes being made by the Comptroller's Office involve starting out with a review of se lected statistical data in a bank to be examined followed by a discussion of bank policy w ith top management of the bank, that then followed by an attempt to evaluate how well the bank is imple menting its own policies. This may well be the philosophy upon which bank examinations of large banks must be con ducted, and we are watching the Comp troller's efforts very closely. The future is going to see more use of the computer by bank examiners. I have already mentioned the packages devel oped by the FDIC for assistance in exam ining the computerized records of the STATEM ENTS BY CO RPO RATIO N DIR ECTORS bank, but we are going to see in the fu ture more use of techniques that the com puter makes possible. Work has been done at the FDIC and at a number of other places aimed at developing early warning systems for spotting bank prob lems. Development of early warning systems rests on the fact that we rou tinely collect massive amounts of finan cial data on the operations of banks. We have the computer capability to manipu late these vast amounts of data, and there are statistical techniques available which allow us to develop profiles of banks like ly to become problems in the future, unless appropriate action is taken. These systems are becoming operational, but there are definite weaknesses in them now, the most distressing of which is the length of time required to process the reports. We must do better. In part, we feel that the fines we have levied on banks which have filed late reports will assist us in accelerating the processing, but we must, in addition, change some of our techniques. Our early warning systems generate a list of banks that have similarities with banks that develop problems. These lists are circulated to our Regional Offices. In some cases, the regional staff is familiar with the bank's situation and knows that despite the ominous financial figures, there is really no cause for concern. In other cases, the lists include banks that the supervisory staff knows are problems and has been following closely. In some cases, however, the early warning system represents a new source of information to the bank examiners concerning potential problems. It may be possible to go further with this approach in the future. But I think that the emphasis in the future will be on greater use of financial analysis tech niques to spot banks that deviate substan tially from the average. The financial analysis techniques are needed to fill the gap between the output of early warning systems and the costly detail of a full 191 scale, on-site examination. We think it will be possible to develop techniques where by skilled financial analysis can review the inform a tion available concerning bank operations to determine which ones require closer attention, more frequent examination, or special kinds of review. Incidentally, our work on early warn ing systems has reached the same conclu sion of some leading bank analysts that income ratios and operating results fre quently are very important indicators of future banking problems. The traditional bank examination has given primary attention to the balance sheet and capital ratios and our discovery that the income report and income ratios provide useful indicators of future troubles may well be extremely important in determining fu ture directions of examination and super vision. There are some other changes in pro cedures which are starting to take place and which will become more important in the future. One of these worth mention ing is a system started by the Comp troller's Office to develop a uniform clas sification system for national credits. That is, when a large national firm is bor rowing from a large number of banks, that credit should be classified in the same way at each bank that is lending to that firm . It is wasteful and inefficient (and occasionally embarrassing when d if ferent conclusions are drawn) to have the examiner in each of those banks do his own analysis of the financial position of the borrower. This responsibility can be centralized in one group of examiners which will produce a uniform classifica tion of that loan for use by all examiners. We have participated in these reviews with the Comptroller when we have non member banks which are participants in the credits. The Comptroller's Office, whose national banks have more of these national credits in their portfolios than others, has spearheaded this effort. But as nonmember banks become larger, they are making more of these loans, and the 192 F E D E R A L DEPOSIT INSURANCE CO RPORATION FDIC is planning to lead similar efforts. VI I would like to conclude by comment ing on some, but certainly not all, of the other issues of examination and super vision which I have not discussed. The question that comes up most fre quently in discussions between the FDIC and bankers concerning supervisory prac tices is that of capital adequacy. There is clearly not the time for a full discussion of the FDIC's views on capital adequacy. I might just mention that there have been some analyses attempting to determine whether the supervisory agencies have much impact on the capital decisions of banks. Some of these suggest that we do not have much influence and that may be the way it should be. Our real efforts are aimed at nudging banks that we think have less capital than they should to rais ing more. I recognize that it is easier to prod than it is to actually raise the cap ital. In the last few years, both debt and equity markets have been d iffic u lt for banks to tap, and bank earnings have not been growing at a rate rapid enough to allow retained earnings to meet all capital needs. We do seem to have much greater influence on bank capital decisions when a bank is asking us for something, say, approval for a new branch. We do take advantage of this leverage and use these opportunities to require banks to raise additional capital. The Federal Reserve has done the same when bank holding companies have brought applications before the Board. There is some criticism of this practice, and some question as to whether it is fair and equitable that banks coming to us with applications should thus be subject to more effective pressure than banks that are not asking for some thing. This possible inequity troubles me, but not so much that I am willing to fore go the opportunity to get additional cap ital from banks whose capital accounts are clearly below what they should be. The last Congressional session saw the introduction of a bill to create a Federal Bank Examination Council. This council would be intended to provide uniform ity and consistency of examination standards for all of the examining agencies. We can see some benefits and some problems with such an institution. Let me quote briefly from our letter to the Senate Banking Committee on this proposal: While we heartily endorse the bill's objective of promoting "progressive and vigilant bank examination," we have serious reservations as to the need for nationally uniform examination standards and procedures. If there is any merit to the concept of separate Federal supervisory agencies, and to a dual banking system with State and Federal supervision of banks, the bene fit would seem to be the opportunity to try different approaches and to have a diversity of examination and supervisory procedures. The possibility of useful innovation and improvement in the bank examination and super visory processes is greater if there are several agencies trying different ap proaches than if every change in examin a tio n methodology required ap proval of all the agencies. The changes in the examination process now being made by the Comptroller of the Cur rency at the recommendation of his consultants are a worthwhile experi ment that all supervisors w ill follow with careful attention. Implementing such changes should not, however, re quire the approval and commitment of each of the other Federal bank regula tory agencies. I mentioned earlier our experiment in which we have withdrawn from some parts of bank examination in three States. We are facing the issue of whether this experiment should be put into more gen eral operation or be simply terminated. That is, should we certify that certain States are able to take over the bank examination process and thus allow the STATEM ENTS BY CO RPO RATIO N DIRECTORS FDIC to drop that function and respon sibility? If we are to do this in certain States, how are we to determine which States? Or should we do this in all States? That is, should the FDIC get out of the bank examination business and leave it completely to the States? We do not feel that many States, if any, have adequate bank examination capability at the pres ent time, but it is possible that if we simply stopped examining banks, and that left a real unfilled need, perhaps the States would move to fill that need. Or should we, as I mentioned before, w ith draw from part of the banks—i.e., those which contribute the least risk to the deposit insurance fund? The other side, if you w ill, of that coin is for the FDIC to examine national banks or State member banks. I mentioned earlier the interesting characteristic of the training and develop ment of bank examiners by the use of the apprenticeship system, modified in recent years by a substantial classroom training program which is clearly the best among the agencies. Essentially, all of our exami nation personnel have developed as gen eralists through this type of training. This was an ideal approach when our examina tion mission consisted of examining the safety and soundness of mostly small banks, w ith examiners having few other responsibilities. Now, as I have indicated, our responsibilities have broadened and the types of banks and activities we are examining have diversified. For the most part, however, we have viewed the bank examiner as the Jack or Jill of all trades, able to examine competently all aspects of banking activity. We have made some modest moves in the direction of specialization. We have recently set up specialists in trust exami nations in several of our regions, though these specialists are bank examiners and not lawyers. Some examiners have re ceived special training to enable them to examine computer facilities. Again, these are bank examiners trained in data pro 193 cessing and not computer professionals trained in banking. We have been giving consideration to, though have yet taken no steps to implement, the possibility of having a special examination force to examine for compliance with consumer protection laws. The possibility of in creased reliance on financial analysis tech niques in bank examination also may re quire different expertise and specializa tio n th an the traditional apprentice training route to the general bank exam iner. We may have to consider different career paths for different specializations or perhaps the hiring of bank examiners at different levels and with different backgrounds to fill particular needs rather than relying on our traditional hiring and training system. The development of bank holding companies has been an important facet in the growth of banks and the increasing complexity of banking activities. The holding company movement obviously creates some problems for the process of bank supervision. Some of those prob lems have been delegated by the Congress to the Federal Reserve to worry about, such as the question of allowable activi ties for holding companies, for example, and the passing on specific applications of specific holding companies. We are more concerned with the relationship between the bank holding company and the bank and other affiliates of a holding company. We have seen in some recent major fail ures, e.g., American City Bank & Trust Co. in Milwaukee and Hamilton National Bank in Chattanooga, how a series of transactions with a holding company affiliate brought down a bank. The FDIC already has some authority to examine bank holding companies and the affiliates of insured nonmember banks. We have not generally exercised this authority, however, and we are now wrestling with the question of whether we should do more examination of bank holding com panies than we do. It may well be that we 194 FE D E R A L DEPOSIT INSURANCE CO RPO RATIO N should urge Congress to pass bank hold ing company supervision and examination to the agency with the responsibility for supervising the lead bank. Perhaps the most important issue in the future will be the treatment of large and small banks. I noted that we still examine large and small banks in much the same way. I think this is inappro priate, but I am not sure in which direc tion we should move. Since it is mostly small banks that fail, and small banks are most likely to be in need of advice and suggestions about operations, it can be argued that we should devote a greater effort to examination of small banks. Large banks have access to competent management and advice, and generally can be assumed to know what they are doing, and hence, it may be argued, need our examination less. On the other hand, we have found that there is not much public concern about small bank failures. Part of the FDIC's responsibility is to maintain confidence in the banking sys tem, and even a sizable number of small bank failures appear not to shake that confidence. A few large bank failures might, however. This would make the case for more de tailed investigation of large banks. Cer tainly, the deposit insurance fund covers more insured deposits in the approxi mately 2,000 banks with over $50 m illion in deposits than in the 12,700 under $50 million. We have to think this through, and we have not reached any conclusion. A t this point, however, I am leaning in the direction of the view that the FDIC should concentrate its examination ef forts and resources on a more detailed investigation of large banks with a result ing less frequent emphasis on small bank examinations. That is the current thrust of our examination policy, and I believe it is a step in the right direction. STATEM ENTS BY CO RPO RATIO N DIRECTORS Address by Robert E. Barnett, Disclosure* During the past few years, senior staff and Board members of the FDIC have spent a great deal of time on problems related to accounting, financial reporting, and disclosure. Proposals and decisions affecting the form and substance of bank accounting and reporting have been gen erated in great quantity over the last couple of years from the Financial Ac counting Standards Board, the AICPA, and the SEC, as well as from the FDIC itself and from the other banking agen cies. I would like to review these develop ments, my attitude toward them, and the implications they have for banks and supervisors. I It was not many years ago that the bank supervisor's primary concern was that banks be able to raise capital when needed. The attitude with respect to buyers of securities was essentially that the investor, large depositor, borrower, creditor, and the general public really did not need much information because the supervisor had plenty of information and was using his best efforts to see that the bank did not fail. Even where Congress and the SEC took actions to improve dis closure in other industries, banking was left almost solely to the banking agencies. Five years ago, disclosure to the public of the individual bank information we collected was not a major consideration at the FDIC or, for that matter, at any of the Federal bank regulatory agencies. The contents of the annual reports of income of individual banks were regarded as strictly confidential, except for a few hundred banks with 500 or more share holders subject to the 1964 amendments to the Securities Exchange A ct of 1934. Those banks had, since 1964, been com * P re s e n te d b e f o r e t h e C P A S o c ie t y a n d R o b e r t M o r r is A s s o c ia te s , S t. L o u is , M is s o u r i, N o v e m ber 18, 1 9 7 6 . 195 plying with the registration, annual re ports, proxy rules, insider trading regula tions, and other requirements of Federal securities laws. But for the overwhelming majority of the banks, this was not so. While the fro n t of the Report of Condi tion, the balance sheet information, was public, the detailed loan schedules on the back of the Reports of Condition were confidential. An important item in each special survey questionnaire we sent to banks was the notice that returns would be treated as confidential and results would be released only as aggregates or averages. A t that time, no outsider had managed to gain access to internal files or to photocopy reports of examination, listings of banks on the problem list, or critical memoranda by the regulators. And even if he had, newspapers would probably not have published such mate rial. But even 5 years ago there were signs of growing interest in the details of the operations of individual banks. Some of the nation's large banks were publishing in their annual reports a considerable amount of information about their own operations beyond what regulatory rules required. Competition among banks and between banks and other types of finan cial institutions was increasing and with it was an increased interest in what individ ual competitors were doing. Moreover, whenever a bank submitted an applica tion to merge w ith another bank, it was required to give an account of the com petitive factors that were involved in the relevant market areas. With mergers the vogue at that time, there was a brisk de mand for information about competing institutions which would enable bankers to measure market shares of the various banks operating in local and regional mar kets. A t the FDIC, we were receiving large numbers of requests not only for the aggregated data we regularly com piled, but also data aggregated in special ways for small areas and for particular groups of banks. Academicians were be 196 FE D E R A L DEPOSIT INSURANCE CO RPO RATIO N sieging banks and the bank regulatory agencies with requests for individual bank data to enable them to carry on compara tive analyses involving a whole host of other issues with broad public policy implications. And the accounting profes sion was hard at work on bank account ing problems, persistently but with a somewhat piecemeal approach. In short, there was evidence of growing interest in unpublished bank data. The SEC gained more clout over the banking industry about this time, al though almost by accident. While banks were exempt from much of the securities legislation of the 1930s, bank holding companies were not. Thus the expansion of the bank holding company movement of the 1960s and early 1970s led, inciden tally, to more power for the SEC over bank subsidiaries of holding companies. The long tradition of the banking agencies has been tied to confidentiality of unfavorable news. This has reflected the viewpoint of banks, their depositors, their borrowers, their creditors, and the supervisors. Bankers have been willing to discuss their problems forthrightly with examiners, and examiners have been w ill ing to relay their suspicions to the banker because each appreciates that the entire procedure is treated in confidence. The examiner w ouldn't discuss his findings with a newspaper reporter, and the bank er has felt no obligation to report the examiner's judgments to his stockholders. When a bank has been found to be in very weakened condition, the FDIC and the other agencies have attempted to explore possible solutions (or to seek potential purchasers). Obviously, the more public ity given to such a situation, the more d iffic u lt it is to solve the problem success fully. I doubt if much thought was given to the need for data by security-holders, creditors, large depositors, or the general public. During this period, banks did not g e n e ra lly have securities outstanding other than stock and of that, most was closely held and not actively traded. If any further thought was given to stock holders, I suspect the conclusion drawn was that what benefited the bank and its depositors probably benefited security holders as well. The situation has changed. In all pub licly held corporations, the obligations on management and insiders for full disclo sure of the financial condition of their company have become more clear-cut. Banks and bank holding companies have more securities outstanding and they are traded on a regular basis. As a result of a series of Congressional actions, it has become clear that the banking agencies cannot rely on the confidentiality that has been a basis of traditional regulation. II The move toward broader disclosure has taken several different directions. There has been a clear requirement for more disclosure of relevant information concerning the finances of the bank. Until about 5 years ago, for example, many banks did not distribute, even to stockholders, an annual income state ment. The banking agencies had always collected such a statement but, until 1972, treated it as confidential. The FDIC led the way in 1972 in making public the Reports of Income and C o n d itio n for individual banks. Our thinking at the time was that publishing this information provided equal access to information then known only to " in siders," greater competition in good banking markets, incentive for banks to perform well, better access to capital mar kets for banks making such disclosure, availability of more complete data for researchers and legislative committees, development of more uniform accounting rules, and consistency with the spirit of the Freedom of Information Act. It is a sign of change in only 4 years to recall that at the time the decision to make this information public was a controversial one—one on which we received many com ments including some compliments and STATEM ENTS BY CO RPO RATIO N DIRECTORS some complaints. Despite the complaints, we think this has proven to be a construc tiv e development. We have supplied copies of thousands of documents to bankers, academicians, and other ana lysts. We are continuing to push for meaningful disclosure in this area, and are attempting to increase both the quality and the timeliness of the reports sent in by the banks. In the last few years, the need for additional information by the public has grown. Economic developments—unusu ally severe inflation, fluctuating foreign exchange rates, the most serious recession in 40 years—and banking developments such as rapid expansion of overseas opera tions of multinational corporations and greater reliance on borrowed funds—all have combined to produce a growing interest by diverse groups in the financial results of bank operations. In the past 2 to 3 years, losses have been sustained by shareholders in many commercial banks and holding companies as the market has turned down on bank stocks. Partly as a result, public accountants, bank stock analysts, and the SEC, among others, have stepped up their efforts to dig deep er into bank financial operations. Bankers are being pressed not only to describe what they are doing, but to predict where they think they are going. My personal position is that the disclo sure of information which reveals the earnings characteristics of the asset base, its stability and profitability, will subject those banks in bank holding companies whose stock and debt are traded on ex changes or over-the-counter to market forces which in turn w ill be a powerful force in compelling the banks to correct weak asset conditions. A t the same time, banks in good condition should be re warded by the market with easier and cheaper access to the capital markets, solid growth, and good profitable oppor tunities. Too often supervisory pressure on bank managements whose policies are dilatory or involve excessive risk-taking 197 are ineffective. Supervisors seldom crit icize bank management in public on the assumption that publicity might have ad verse effects on the stability, or even sol vency, of the bank. Investors informed by adequate disclosure, however, can affect the price of that bank's securities in a manner which will promptly compel management attention. This is not to say that disclosure should or could displace regulatory surveillance; both are tools to strengthen the banking system and they can be complementary. A t the other extreme, there have been unauthorized disclosures of information about banks and bank holding companies that we consider best left confidential. Bank examination reports and names of banks on agency problem lists, for ex ample, probably w ill help sell newspapers, but it is doubtful that their publication contributes to confidence in the banking system. Even if the stories in which such information is revealed would emphasize or even explain the nature of problem lists or examination reports, which they seldom do accurately or thoroughly, most regulators w ill argue that such stories do much more harm than good. Each of the banking agencies has its own list of problem banks or problem holding companies. These are classified in accord with the differing criteria of the different agencies in accord with their differing responsibilities. We find these classifications useful even though they are reached through subjective judgments. As Chairman of the FDIC, I want to know all the banks that our examiners, in their best opinion, think pose a risk to the Cor poration. I want to know which banks they are, even if the examiner cannot pro vide conclusive proof that the bank is in poor shape (by that time it may be too late to do anything about it). This means that the list, in addition to being subjec tive, w ill include some banks which will easily recover from their difficulties. It will most certainly reflect the condition of the banks as the review process began, 198 F E D E R A L DEPOSIT INSURANCE CORPORATION sometimes many months before, and not necessarily the condition of the bank at the time it appears on the problem list. In part because of these reasons, we do not generally formally notify even the man agement or directors of a problem bank that the bank is on our problem list. Obviously then, we do not want the prob lem list publicized. Likewise, we consider the examination report part of a confidential process. Bankers are willing to discuss frankly the weaknesses in their loans because they are confident that anything told to an exam iner w ill be treated in confidence. Bank examination represents an independent assessment of a bank's condition by a trained professional. The necessary infor mation gathering and loan discussion are facilitated because the banker views it as a cooperative affair rather than an adver sary process. Time and money can be saved if this cooperation continues, and our career examiner employees are con vinced that the data gathered through this process and the criticism extended by our examiners are both honest and thorough. If the confidentiality is lost or the process becomes adversary, there quite possibly would be a deterioration in the quality of examinations. Ill I feel that what has been discussed so far is rather clear-cut. There is need for disclosure of financial information about banks and there is some information which should not be made public. There are d iffic u lt areas that fall somewhere between these poles, however. In recent months, we have seen various groups, in cluding the FASB, the AICPA, and the SEC, propose accounting and disclosure treatments that may lie beyond what is essential but perhaps is not a violation of necessary confidentiality. Some of the accounting changes that have been made, which we have supported, were intended to correct obvious deficiencies of tradi tional bank accounting. Until recently, for example, bank accounting for loan loss reserves did not distinguish realistic provisions for losses from allowances set up on a formula basis to accord with tax provisions. Now it does. That, plus treat ment of deduction of unearned discount on loans, inclusion of capital notes as liabilities, and others, are examples of improvements in bank accounting made in recent years with the concurrence and support of the banking agencies, the ac counting profession, and the SEC. Re porting has been improved this year by the requirement for semiannual income reports from all banks and quarterly re ports from the large banks. Some of these changes have been traumatic to some bank managements, but these changes have not involved d ifficu lt issues of prin ciple or caused interagency controversies. There are controversial issues that remain, however. Let me look first at the recent FASB proposal that theoretical market losses on corporate stock held by a bank must be reflected on its balance sheets. This has lim ite d a p p lic a b ility to commercial banks, since banks in only a few States can hold corporate stock. Mutual savings banks, however, hold large amounts of common and preferred stocks. These investments are made as a permanent commitment of funds, and the banks generally have the liquidity and the stay ing power to hold these securities indef initely. We, therefore, opposed running these losses (and subsequent gains) through the income statement and capital accounts, although we favored disclosure of the amounts involved. I would like to spell out some of our reasons for opposing this accounting change because it is relevant to other ac counting issues that have arisen. I am not an accountant and I will not argue the fine points of accounting theory. I do be lieve that accounting should be a guide for management and investors which pre sents financial statements that serve as the foundation from which sound managerial and investment decisions can be devel STATEM ENTS BY CO RPO RATIO N DIRECTORS oped. In order to be a useful guide, ac counting rules followed logically should lead to correct managerial and investment decisions. Yet the opposite may occur here. If mutual savings banks must write down to market price theoretical losses in preferred stocks, or if they must show losses and gains on theoretical trans actions that they have never contem plated entering into, they might be dis couraged from making such investments. But, according to most State laws, pre ferred stocks are an appropriate invest ment for savings banks (and, in some cases, for commercial banks). I do not like to see an investment deemed appro priate by legislative action refused simply because of an accounting rule. (One might argue that investment in preferred stock is not a good bank investment, re gardless of what State legislatures have decided. But I feel that those who wish to argue this point should do so directly in the legislature.) A t the same time, I recognize that our present accounting rules do not neces sarily lead to correct decisions with re spect to securities transactions. Some bankers are reluctant to sell securities at a loss, if they must recognize it as such, even when tax laws and reinvestment opportunities make that the right eco nomic decision. Our present accounting requires such recognition of a loss if they sell. Of more concern than the FASB deci sion on equity securities is the possibility that the FASB may seek to expand this decision to debt securities as well. That has not yet become a proposal of FASB, and perhaps it w ill not. If it does, I sus pect that the FDIC will want to testify along the lines that I have outlined. While we were not able to convince the FASB of the error in their position that theoretical losses on corporate stock should be taken, we like to think that our comment to the FASB on that proposal had some influence on the final decision to require writedowns directly against 199 capital accounts thereby avoiding impact on the net income line. Of more significance than the account ing for losses on securities is the consider ation by the FASB of a proposal for writedown of loans that have been re structured. Several days of public hear ings were held on this matter and many banks and bank trade associations reg istered their disapproval. The FDIC sub mitted a comment on the proposal in accord with principles I have referred to. I believe that investors are entitled to meaningful information about the quality of a bank's loan portfolio. Where loans have been restructured—that is where the m aturity has been extended or the inter est rate reduced-full and complete dis closure of material information regarding the restructured debt should be included in supplementary schedules and fo o t notes. The disclosure should include a comparison of the principal values, the interest rates, the m aturity dates, and a computation of any material effect on future earnings. On the other hand, it would clearly get into the realm of con fidential matters for the bank to disclose the details of particular loans subject to new terms. The real issue goes to the appropriate accounting for these restructured loans. We cannot agree that the loans in ques tion should be revalued to some approxi mation of market value. Loan restruc turing is not an unusual experience in a bank loan. If a borrower is having d iffi culty meeting the original terms of a loan, extending the maturity or lowering the rate may be the best way of assuring that the principal will ultimately be paid in full. A writedown to "m arket value" has several shortcomings. It implies that a loss of principal has occurred or w ill occur and, hence, is likely to be misleading. Moreover, its impact on management might well be perverse. The requirement for writedown may cause bank manage ments to be more reluctant to agree to the restructuring that may, as I have 200 F E D E R A L DEPOSIT INSURANCE CO RPORATION noted already, actually improve chances of full recovery. Even worse, if temporary difficulties with loans are going to be sub ject to such accounting treatment, per haps the bank w ill decide not to make the normal risk loans that can lead to such difficulties, or w ill elect to take adverse action against the borrower rather than to effect w orkout arrangements. If banks change their lending policy away from one of assuming normal risks and toward one of making only riskless investments, small business, farmers, and the whole economy w ill be the losers. I appreciate that this exaggerates the possible result but it does, I believe, illustrate the point. Again, as a non-accountant, I view any accounting treatment that leads to poorer management decisions as poor account ing. We thus opposed the FASB proposal and noticed the large number of com ments from various sectors of the finan cial community in agreement w ith our position. Let me stress that we are not opposing investors' and depositors' right to know what is relevant to them. We favor disclosure of the aggregate amount of loans that have resulted in renegotiated terms. Disclosure is important to in vestors and depositors. Reflection on financial statements as a writedown, how ever, is a separate question—one which goes to the ultimate theory and purpose of accounting statements. I have stressed that we favor appro priate disclosure for investors in bank securities and for bank depositors. Secur ities laws provide that firms publicly of fering securities, including bank holding companies, must make certain disclosures to investors and potential investors. This reporting requirement does not directly apply to banks, though all issuers of securities are subject to the fraud pro visions of the law. IV The Comptroller of the Currency has recently issued proposed regulations for an offering circular describing informa tion that must be furnished by all na tional banks before they may issue new debt or equity securities. Two years ago, the FDIC issued a proposed offering cir cular regulation covering the offering of securities by nonmember banks. We re ceived many comments on that proposed reg ula tion , and while our staff has worked on revisions of the proposal, we have never issued it in final form. The reasons are relatively simple. Adopting SEC-type regulations for smaller institu tions involves a substantial burden on small banks seeking to issue securities. This burden, plus less-than-bullish infor mation which might be revealed by some banks, might make it more d iffic u lt for some banks to raise capital. These are d ifficu lt hurdles for our agency to over come. On the other hand, it is clearly appropriate that potential investors have the information at hand to determine whether the securities they are planning to buy are worth the price. We certainly recognize that banks are susceptible to lawsuits based on common law fraud and violations of section 10(b)(5) in the sale of their securities. We have been reviewing the Comp troller's proposal and find it similar to ours in most basic respects, although the Comptroller's proposal would exempt only issues of under $100 thousand while ours would exempt issues under $500 thousand. While our Board of Directors has not reached a conclusion on the staff revision, the proposed regulation remains on our pending agenda. The extent to which we treat large and small banks differently is an important part not only of this issue, but of a great many other supervisory issues. This discussion of SEC-type regulation of offering circulars brings us to what is the most recent issue we have had con cerning disclosure, and that is negotia tions concerning the SEC's Guides 3 and 61 that apply to new issues of securities and to annual reports of bank holding companies or banks subject to SEC regu lation. The banking agencies have been STATEM ENTS BY CO RPO RATIO N DIRECTORS discussing these matters with the SEC for about 2 years. A t that time, the SEC was concerned that bank holding companies were not making sufficient disclosure concerning the quality of their subsidiary banks' loan portfolios. The initial SEC proposal was that banks be required to disclose the amount of loans classified substandard, doubtful, and loss by bank examiners. We objected to that for the reasons I mentioned earlier. We would view it as compromising the confidential nature of the bank examination process. For over a year since that time, we have been discussing, both at the staff level and among the heads of agencies, what the best substitute for classified loans would be in attempting to get some meas ure of the quality of loan portfolio. We have had mixed success on the basic issues discussed. The SEC, for ex ample, recognized the d ifficu lty in getting comparable figures on loan commitments and so dropped that requirement. On the other hand, the SEC is now requiring that all bank holding companies offering securities disclose the amount of loans past due and the amount of loans on which the terms have been renegotiated. Incidentally, the SEC calls these "nonperforming" loans. A more accurate de scription, in my judgment, is "underper form ing." While different people may differ as to whether loans past due should include loans 30 days past due or 60 or 90, at least these are reasonable objective categories and we support the effort to show the potential income impact of underperforming loans. Our disagreement has focused on the SEC's desire for another category of underperforming loans—loans that raise in management's mind "serious doubts" that the borrower will be able to meet the original terms of the loan. We think this is too subjective and, in any case, that the principal amount of such loans is rather meaning less. Our discussions over the months with the SEC have produced some agreements 201 and some moderation of original SEC positions. I feel that this is a tribute to the ability of the individuals at the differ ent agencies to reach positions acceptable to each other, even though the statutory philosphy (i.e., disclosure versus con f id e n t ia lit y ) often was dramatically opposed. I believe I can summarize my views on this whole matter rather simply. I favor broad and full disclosure. I believe that depositors and investors in bank securities should have full information on which to base their investment or deposit deci sions. I do not want to see details of indi vidual transactions made public, nor do I want to see the confidentiality of the supervisory examination function seri ously compromised. I believe that the ac counting procedures followed by banks should be in accord with accounting prin ciples and procedures accepted by the accounting profession and applied to o th e r industries, making only those changes and exceptions for banks that are warranted by the nature of the banking business. If a proposed accounting prin ciple leads to worse economic or business decisions, serious consideration should be given to the wisdom of adopting such a principle, even if it seems to make sense from an accounting standpoint. If an accounting change by itself, leads banks to make poorer investment decisions, or leads them to refuse to consider a debt restructuring that may benefit both the bank and the borrower, or leads the bank to reject a swap proposal from a REIT that would benefit all parties, then I would send the accountants back to the drawing board. Likewise, of course, if a banker chooses to make poor business decisions (such as holding or selling secur ities) just because of the way he has to reflect such actions on his books in the short run, I would like to send him down to the minor leagues. In any case, and regardless of differ ences of opinion on accounting prin ciples, we are going to see a trend toward 202 F E D E R A L DEPOSIT INSURANCE CO RPO RATIO N wider disclosure that I think is healthy and desirable. We do intend to defend to the greatest extent possible the preserva tion of confidentiality in those areas that should be confidential and we will seek to avoid disclosures that we think would be misleading or harmful. V Thus far today I have been talking about accounting and financial disclosure. But there is another type of disclosure opportunity available to the banking industry today that may not be available much longer. That is the opportunity to disclose voluntarily and in their own way the extent to which banks are meeting what many view as the "social responsi bilities" of banks. Most businesses are not subject to pressure along these lines, and bankers may object to being singled out for special treatment rather than wel coming the pressure as an opportunity. But bankers have often argued that bank ing is different in that it has greater im pli cations for public welfare and, thereby, themselves have supported the arguments that it may be appropriate to subject banks to higher social standards. One area in which banks have lost the opportunity to to u t their own accom plishments is the area of disclosure of investments in mortgages. The Home Mortgage Disclosure Act now requires most banks to disclose, by zip codes or census tracts, the location of their home mortgage lending activity. By waiting until Congress acted, banks may have lost the opportunity to lead disclosure in this area. This legislation grew out of concern with redlining and disinvestment in our cities. While I have grave doubts that this disclosure w ill shed much light on the problem of urban disinvestment, this is an example of interest by the public in the way the deposits of the public are being administered and invested by the banks, and I believe an example in which banks generally had a good story to tell but in which they lost the opportunity to tell it voluntarily. As I have already indicated, some types of financial disclosure by banks can represent violations of privacy or may be unwise for other reasons. The same may be true of disclosures of "social respon sibilities" information. There are some in o u r s o c ie ty who favor governmentdictated, mandatory credit allocation to see that what they regard as high priority credit needs are met. I personally hope that we can avoid any more government interference than we already have with the bank lending function but this may not be possible or, some would argue, even desirable. I think we must recognize that there is a broad social interest in the lending decisions of the banking industry. Somehow, bankers must find some way of disclosing meaningful information to the public about the nature and character of their investment decisions. Most banks probably do a creditable job of meeting high priority credit needs. But that fact has not always been demonstrated very thoroughly or convincingly. If bankers want to avoid greater pressure on the direction of government-directed, manda tory credit allocation, they are going to have to understand the public perception of desirable lending and get their message across as to the type of lending activity they are conducting. This is a different type of disclosure than balance sheets and the forms of financial reports, but it is a real need. STATEM ENTS BY CO RPO RATIO N DIRECTORS Address by Robert E. Barnett, Liquida tion A ctiv ity * Over the last few months I have given a series of talks on .the major functions of the Federal Deposit Insurance Corpora tion. These talks have discussed as frankly and as openly as possible some of the problems and issues raised by our existing procedures and policies, and have ex plored various proposals for change. These talks have covered our deposit in surance function, bank examination and supervision, our handling of consumer protection regulations, and our responsi bilities for overseeing financial reporting and disclosure by banks. There is one major area of FDIC activity and responsi b ility that I have not yet discussed—the liquidation activity of the FDIC. When a bank fails, we either pay off the insured depositors or we arrange for another bank to assume the liabilities and to purchase some of the assets of the failed bank. In either case, we have a siz able liquidation task. In the case of a pay out, we are left to liquidate all of the assets of the failed bank. In the case of a purchase and assumption, we are usually left with the bulk of the assets to liqui date, including all of the poor quality assets. This responsibility for liquidation of failed bank assets has a number of aspects which I wish to discuss today. The two most striking aspects are the size and growth of that activity. In terms of assets administered, the FDIC Liquidation Division is the largest REIT in the country, the 17th largest diversified financial firm in the country (ahead of such giants as Beneficial Fi nance and First Boston), and the 49th ranking conglomerate on the Fortune magazine list of the 500 largest corpora tions in the country (just ahead of Armco Steel, Sperry Rand, and Honeywell). There are 78,000 assets being admin * P re s e n te d b e fo re A s s o c ia tio n , San th e Juan, ber 9 , 1976. P u e r to P u e r to R ic o B a n k e rs R ic o , D e c e m 203 istered by our liquidators with an aggre gate book value of $2.6 billion. Over $900 million of these assets are real estate related. To administer these assets, our Liqui dation Division employs only 583 men and women operating in 30 States, cover ing over 79 liquidations. It operates at a cost of approximately 2 percent of collec tions, substantially below the costs of 15-20 percent found in nonbanking cor porate bankruptcies. This massive size is a recent develop ment albeit, in our judgment, not neces sarily a temporary one. In 1974, our Liquidation Division consisted of 233 employees and comprised about 7 per cent of all FDIC employees. In 1976, its 583 employees account for over 16 per cent of all FDIC employees. As recently as 1972, the assets in our liquidations totaled under $300 million. The recent rapid growth of the liqui dation activity can be easily understood when we realize that the eight largest bank failures in FDIC history have occured since October 1973. That 1973 fa il ure was U.S. National Bank of San Diego which left us w ith $1.2 billion of assets to liquidate, our first massive liquidation. We were trying to absorb that when the Franklin National Bank failure dropped $3.6 billion of assets in our laps. All this can be said as emphatically by saying that these 8 largest failures consisted of over 5 times as many assets as all the 500 banks liquidated by the FDIC from its begin ning until the failure of U.S. National Bank. This contrasts with the situation about 15 years ago when our biggest worry in liquidation cases was the prob lem of how to value and sell the banking house of a failed $5-million bank. O ur e n tire liquidation activity is guided by one overriding tenet: we are a fiduciary. That is, we are attempting to liquidate assets so as to recover the funds advanced by the Federal Deposit Insur ance Corporation and to recover funds for other creditors and stockholders, all 204 F E D E R A L DEPOSIT INSURANCE CO RPO RATIO N of whom are ultimate beneficiaries of the receivership estate. In the case of a payout, all insured depositors are paid promptly by the FDIC. Usually, but not always, the FDIC is appointed receiver of the failed bank. The Federal Deposit Insurance Corpora tion, as a result of subrogation of the insured depositors' claims, becomes a sizable creditor of the bank and, hence, has a sizable claim against the receiver ship. But there are other creditors who have a claim equal with that of the FDIC. Frequently there w ill be subordinated creditors that have a claim that ranks behind the FDIC and the other general creditors. There are always stockholders who have a residual claim if the liquida tion of the assets generates sufficient funds to meet all of the creditors' claims. Wearing our hat as receiver, therefore, we have an obligation to collect as much as possible on every asset so as to protect the rights of creditors and stockholders of the failed bank. When we arrange a purchase and assumption transaction, the FDIC be comes the major creditor w ith a claim against the estate of the failed bank. But even in this case there are claimants, such as subordinated creditors and stock holders, who are entitled to any funds remaining after payment of all general creditors and after the FDIC recovers the full amount of its advance (plus interest). In either case, therefore, whether we have a payout or a purchase and assumption transaction, the FDIC is operating as a fiduciary with an obligation to recover as much as possible for the ultimate claim ants on the estate of the failed bank. The Federal Deposit Insurance Act itself provides some specific instructions to the Corporation in its liquidation activ ity. Our liquidations are to be conducted "having due regard to the condition of credit in the locality." Essentially, this means that the disposition of assets of a failed bank is to be conducted in an orderly manner, rather than on a forced sale basis. This is consistent with both concern for the impact of forced liquida tion on the local community and concern with recovering the maximum amount possible for the beneficiaries of the liqui dation. Receiverships of failed banks, like any receivership, are conducted under the jurisdiction of the court, and sales of assets by the receiver are subject to ap proval by the court. The receiver's actions, as you would expect, are more circumscribed and sub ject to more limitations than an on-going bank would have in dealing with the same assets. That is, a bank can take account of its whole business relationship with a customer in dealing with the treatment of a particular loan. For example, in making a decision whether to foreclose or extend a loan in default, an operating bank may consider the deposit business it gets from the borrower, or the existence of trust business, or the business of associates of the borrower that may be promoted or endangered depending on the decision on the particular loan. The receiver can make no such trade-offs and consider no such outside factors. He must make a credit decision on the best way to handle a par ticular loan so as to maximize recovery on that asset. These characteristics of the liquidation pose some knotty problems for us to which I will return later in this talk. One reason why our liquidation activ ities have not been discussed very much in public by past Chairmen of the FDIC is that until rather recently our liquidation activity was modest in size and scope. It was also a rather simple and straight forward activity, not requiring direct and frequent involvement by the Board of Directors of the FDIC (other than final approval of sales of assets). One illustra tion of that is the fact that during World War II our entire liquidation activity was moved to Chicago and operated very well 800 miles away from the Board of Direc tors of the Corporation. Now, however, liquidation activities are bigger and more STATEM ENTS BY CORPO RATIO N DIRECTORS complex and require the frequent involve ment of FDIC Board members. I have described the massive size of our liquidation activity and its extremely rapid growth. These facts, however im pressive they may be, do not adequately convey the change that has taken place in our liquidation operations. Now we have not only a higher dollar amount of assets, but we are getting assets which are much more complex to administer, let alone sell or liquidate. Our philosophy of an orderly liquida tion frequently requires us to manage assets for lengthy periods before they can be sold or collected. In pursuing that philosophy, we have operated a sizable navy w ith a fleet consisting of tuna boats, shrimp boats, and oil tankers. Running a navy is a complicated business. We have even had d ifficu lty keeping our boats afloat. We had an oil tanker run aground off Havana, and we had a shrimp boat blown into the main street of Aransas Pass, Texas, by Hurricane Celia. We have acquired a loan to the distributor of movies, one of whose properties is a major X-rated film . Our prospects for ultimate collection of that loan depend on good attendance at that film . We be came creditor of an individual whose main source of income to repay our loan was rental paid for the use of a property as a bawdy house. We had interests in taxicab fleets in California, Arizona, and New York, and in real estate of literally all kinds in all forms of development and nondevelopment throughout the United States. We have faced the problems of aban doning or developing farm properties such as citrus orchards or vineyards in all stages of development. We have bought 47 wind machines to protect our citrus crops from freezing (at a total cost of $427 thousand) and have had to purchase beehives to assure pollination of our almond trees. Religion has been part of our business also. We have foreclosed on abandoned churches and synagogues al 205 though, fortunately, we have never had to evict a congregation. We also have posses sion now of a copy of the Koran valued in seven figures. While these may appear to be unusual assets to be acquired as a result of bank failures, it is important to realize that we never get to liquidate the assets of a nor mal bank. We are always liquidating the assets of failed banks, and banks that fail tend to be unusual and into some oddball financial ventures. Back in the 1950s and early '60s, when it was mostly small rural banks that were failing, the liquidation activity was a simpler one. We took over an assortment of loans (consumer loans, home mortgage loans, farm loans, small business loans) with which our liquidators built up some fam iliarity and expertise. We may have had to wait several years to collect the final payment of a home m ort gage loan, and there may have been some d iffic u lt work-out situations on farm loans, but our liquidators developed ex pertise in appraising farm property in many parts of the country and deter mining the best way to deal with those loan situations. Oil tankers, movies, vaca tion home condominiums, taxicab fleets, and international loans were a different kind of activity. The liquidator who was perfectly comfortable in dealing with a loan secured by 300 acres of cotton in Texas was not so comfortable in dealing w ith 30,000 acres in California on which oranges, avocados, and grapes were being grown and wine produced. In this talk, I can describe the scope of our liquidation activities and tell you how we have been operating. The scope and nature of our operation have changed so dramatically in the last few years that it is unlikely that the management or pro cedural approach that was best for the 1960s is still optimal today. We have a number of studies of our liquidation ef fo rt under way, and I expect that there will be both organizational and proce dural changes introduced in the near fu ture. Clearly the speed with which we 206 F E D E R A L DEPOSIT INSURANCE CO RPORATION have been forced to deal with larger and more complex assets has necessitated going outside our organization to hire consultants with knowledge in some of these particular areas, rather than try to develop our expertise internally. The costs associated with this approach dis turb all of us at the FDIC because we have always taken pride in our low collec tion expenses. I suspect that we must be very careful not to be penny-wise and pound-foolish in this area, however. Our administrative and collection costs have run 2.3 percent of collections over the years. That is an extremely low figure compared with any similar business. I rec ognize that that is not a completely fair comparison since the FDIC bears some costs that could reasonably be charged to liquidations but, in any case, a 2.3 per cent cost ratio is impressively low. I might note that one reason for the low costs is that our salary structure is com paratively low—our liquidators would be happy to switch to the 1.5 to 2.0 percent or more commission basis that private firms in the liquidation business are awarded. Up until the failure of U.S. National Bank of San Diego, the FDIC recovered, through its liquidation efforts, 90 percent of its total cash outlay. That record has deteriorated recently because of the U.S. National Bank failure, a failure which left in the receivership a lot of very poor qual ity assets. If all our liquidations had assets like that, our recovery record would be miserable. As to realization on classified assets, our collections have averaged about 30 percent recovery on loans and other assets classified as “ loss” by exam iners. We have collected 50 percent of assets classified as "d o u b tfu l" and about 68 percent of assets classified as "sub standard." As an aside, I would suggest that this might show that examiners' eval uation of assets is pretty accurate. Because they represent 62 percent of the assets in the liquidation inventory, it is worth reviewing our current status with respect to our largest failures, Franklin National Bank and U.S. National Bank. The Corporation has succeeded in col lecting $1.06 billion on the assets ac quired in the Franklin liquidation and has paid over $1 billion of this amount to the Federal Reserve Bank of New York, thereby reducing the principal amount due on the “ w indow " loan extended to FNB at the time of closing October 8, 1974, from $1.7 billion to $707 million. Interest at the rate of 7.52 percent per annum on the note will not be due until the note matures on October 8, 1977. The principal book value of assets remain ing to be liquidated is $1.25 billion com pared with the principal and accrued interest on the FDIC's outstanding debt to the Federal Reserve Bank of New York of $901 million. On October 8, 1977, it w ill probably be necessary for the Corporation to ad vance an estimated $465 m illion to $665 million from its accumulated trust fund in order to pay the Federal Reserve Bank the remaining balance due on the original $1.7-billion obligation which was owed by FNB as of its closing. Based on a num ber of assumptions as to the duration of the receivership, the pace of collections, and the results of matters in litigation, it appears that the Corporation itself will not suffer any loss in this liquidation. In the case of U.S. National, the Cor poration has collected $73 m illion on the assets acquired and has used $53.3 m il lion of this amount to repay the Corpora tion for monies advanced to the receiver ship. The principal book value of assets remaining to be liquidated is $392 m il lion. The question in this liquidation is how large the loss to the Corporation will be, not whether there will be one. A t the pre sen t tim e, we have estimated a $150-million loss. I have mentioned the complexity of the current liquidation activities and mentioned the requirement we now have for greater expertise in particular lines of business and types of loans. We have also STATEM ENTS BY CO RPORATION DIRECTORS had a great need for massive legal expert ise not only because of the great number of legal problems, but also because of the legal complexities of the new liquida tions. Obviously, we have had to employ private attorneys to assist our own staff. In arranging a purchase and assump tion transaction, we retain private counsel for advice and assistance with respect to questions of State law and to present the transaction to the local court. In every liquidation we need expertise in special ized areas of State law in connection with c o lle ctio n litigation and foreclosures. Some of these claims involve the Bank ruptcy A ct or arrangement of complex loan restructurings or workouts. In the recent large liquidations we have been involved in unusual and specialized areas of law. These include class actions, viola tions of securities laws, common law fraud, obligations under letter of credit, attorney's and accountant's malpractice, and admiralty law. We spent $4.3 m illion in legal fees in connection with liquidation activities in 1975, and expect to spend about $7 m il lion in 1976. While these figures seem large, if we relate them to the assets we are liquidating, it appears that legal fees run well under one-half of 1 percent of the assets being administered, and under 1 percent of collections. I think this is an impressively low figure when we compare it with the legal fees involved in corporate bankruptcies and receiverships. In fact, the legal fees individual home buyers incur in the course of an ordinary sale of a home, uncomplicated by bankruptcy or receivership, tend to be higher. We are concerned about the magnitude of these costs, however, and have been giving some consideration to whether we should expand our own in-house legal staff to handle some of these legal matters rather than relying, as we do now, primarily on hiring local counsel. One problem with doing the legal work in-house is that we are conducting liquidations in a variety of different States and successful work on 207 these liquidation matters requires a knowledge of local law. It may be cheap er for us to hire local counsel with the knowledge of local law at hourly rates than to attempt to educate and maintain the fixed costs of an in-house staff to deal with particular loan situations. A n o th e r problem that arises fre quently in liquidation activities involves further extension of credit. Federal de posit insurance arose because of concern about bank depositors. We have been so successful in our major function that bank depositors rarely lose when banks fail. Now it frequently turns out that the injury to borrowers is more significant than losses to depositors. In many cases, borrowers are not affected when a bank fails. If a borrower has a mortgage loan from a bank that fails, the FDIC may end up taking over that loan but the bor rower's rights are not affected at all. There is a greater problem for the busi ness borrower who is expecting to borrow on a continuing basis from a bank. A receivership, of course, is not in the money-lending business. While most busi ness borrowers are able to shift their business to another bank and are not sig nificantly inconvenienced or injured by a bank failure, some borrowers are faced with a real problem, or even risk of finan cial ruin, in the case of a bank failure. The borrower who has run into d iffic u lty with his loan and would like additional funds advanced is going to have a hard time dealing with a receiver. There may be some cases in which a receiver will extend additional credit, but they are infrequent. Take the situation of a build er who has a project underway with con struction financing being provided by the failed bank. He may need additional funds to complete the project. The re ceiver is not inclined to throw good money after bad and is not in a situation of a bank lender who may be reluctant to admit the original mistake. The receiver may feel that if the project is a good one, the builder should be able to get credit 208 FE D E R A L DEPOSIT INSURANCE CO RPORATION somewhere else. About the only case in which the FDIC liquidation can advance additional funds to a borrower is when it is con cluded that such an advance w ill improve the net recovery to the estate of the failed bank. Our concern is with protect ing the assets that are our responsibility. The FDIC has occasionally been criticized for its tight-fisted attitude on the exten sion of additional credit. While we can understand and sympathize with the plight of the borrower, such criticism misses the point that we are operating in a fiduciary capacity with our decision scrutinized by a court from the point of view of the ultimate claimants on the failed bank's estate. It is irrelevant to look at the assets of the FDIC and argue that the FDIC can afford to extend addi tional credit. In the final analysis, it is not FDIC funds that are being loaned. The funds involved belong ultimately to the receivership estate of the bank. While not as painful as the decision to extend or not to extend additional credit to a borrower, a much more common prob lem is the choice between sale of an asset and continued holding of it. A liquidator is always anxious to sell an asset when he feels he has been offered a good price for it. But if the loan or other asset seems to pose no credit risk and is paying interest at an acceptable rate, there may be a tendency to hold the asset in the hope that a better offer will materialize or that the accumulated interest on the asset will lead to larger total collections. We are attempting to use the most modern port folio management techniques to make correct sell-or-hold decisions but this is a d iffic u lt task, particularly when we are faced w ith a divergence of interests be tween those who would like to get their money as soon as possible and those claimants who recognize that their only hope of any recovery on their investment is that the liquidation lasts a long time and earns a great deal o f interest income. Although we have always tried to make the optimal decisions in these cases, some years ago our policy favored hold ing rather than liquidating assets as quick ly as possible. Besides that seeming like the best philosophy for ultimate recov ery, we had an additional reason for taking that approach. The FDIC did not have a great deal of liquidation activity for a number of years and we felt some need to maintain trained liquidators so that we would be prepared for any emer gency that might arise. This no longer is a problem. We now have more than enough work to be done in our on-going liquida tions. In fact, with liquidation assets now amounting to a significant fraction of the insurance fund, we have every incentive to sell assets as quickly as possible if to do so maximizes recovery. Perhaps the most d iffic u lt areas of decisionmaking with respect to liquida tion activity are those choices involving social considerations. We are under an obligation to do as well as we can for the ultimate claimants on the estate of the failed bank. While we try to do well, we would also like to do good. In many cases, the borrower whose loan is in de fault has faced some adversity, frequently not of his doing. In many cases, we would like to tell a debtor, after hearing his tale of woe, that because of his hard luck we are going to forgive his repayment of his obligation to us. Unfortunately, we are not in a position to do that. To stress once again, we have a fidu ciary obligation to collect all we can on the assets we inherit from a failed bank. We try to be firm but reasonable and ethical collectors, but collectors we are and collectors we must be. While this may be clear in principle, in practice we have great difficulties. Take this example: We have taken over a loan to a private school. The school is in default in its obligation. The school's physical plant and land is security for the loan. We can foreclose and sell off the land and buildings and recover enough to come out whole. We do not want to put an educational institu STATEM ENTS BY CO RPO RATIO N DIRECTORS tion out of business, yet we have to meet our fiduciary responsibility. While we may have d iffic u lt decisions to make with respect to how hard to press honest borrowers who have fallen on hard times, we have no d ifficu lty in deciding to press our remedies to the fullest in dealing w ith the people that we feel are responsible for the demise of the bank. In many cases, these are insiders— managers and directors of the bank. Since 1960, we have filed 32 suits against direc tors and we have 15 additional cases under consideration. We believe that firm prosecution in these cases not only is a means of adding to our recoveries for the benefit of the bank's creditors and stock holders, but firm action may be a useful deterrent to insiders in similar situations. This aspect of our liquidation activities thus becomes an intrinsic part of the total program of bank supervision. In summary, then, the rapid growth of our liquidation assets has fundamentally changed the nature of our liquidation activity. These new liquidations are not only bigger and more complex, they are 209 going to be longlasting. While we hope and expect that the rapid growth of our liquidation assets is over, we do not ex pect the size of the operation to shrink back to its 1973 levels in the foreseeable future. It w ill take a long time to com pletely wrap up the affairs of Franklin and U.S. National Bank, and in the mean time we w ill inevitably be acquiring other assets. The failure of International City Bank of New Orleans w ithin the last week, for example, added over $100 million to our liquidation portfolio. In reflection of the size, diversity, and complexity of our liquidation activity, we are going to continue to adopt modern management techniques and make greater use of outside expertise even though we recognize that this may add to our costs. What will be unchanged in the future is the conduct of our liquidation activities in a manner befitting the fiduciary nature of our responsibilities. We expect that our liquidation operations will be carried on as efficiently and effectively in our pres ent complex environment as in the sim pler pre-billion-dollar failure days. STATISTICS OF BANKS AND DEPOSIT INSURANCE PART SIX 212 Table 102. Changes in number of commercial banks and branches in the United States (States and other areas) during 1976, by State Table 105. Number, assets, and deposits of all commercial banks in the United States (States and other areas), December 31, 1976 Banks grouped by asset size and State C O R P O R A T IO N Table 104. Number and assets of all commercial and mutual savings banks (States and other areas), December 31, 1976 Banks grouped by class and asset size IN S U R A N C E Table 103. Number of banking offices in the United States (States and other areas), December 31, 1976 Banks grouped by insurance status and class o f bank, and by State or area and type o f office D E P O S IT Table 101. Changes in number and classification of banks and branches in the United States (States and other areas) during 1976 FEDER AL NUMBER OF BANKS AND BRANCHES Banks: Com m ercial banks i n c lu d e t h e f o llo w in g c a te g o rie s o f b a n k in g in s t it u t io n s : d e p o s its a n d are p r o c e e d in g t o l iq u id a t e t h e i r assets a n d p a y o f f e x is tin g d e p o s its ; N a tio n a l b a n k s : B u ild in g In c o r p o r a t e d S t a t e b a n k s , t r u s t c o m p a n ie s , a n d b a n k a n d t r u s t c o m p a n ie s r e g u la r ly e n g a g e d in t h e b u s in e s s o f re c e iv in g d e p o s its , w h e t h e r d e m a n d o r t im e , e x c e p t m u t u a l s av in g s b a n k s ; and u n io n s , p e rs o n a l lo a n a s s o c ia tio n s , savings and lo a n a s s o c ia tio n s , c r e d it lo a n c o m p a n ie s , a n d s im ila r in s t it u t io n s , c h a r t e r e d u n d e r law s a p p ly in g t o su c h in s t it u t io n s o r u n d e r g e n e ra l in c o r p o r a t io n la w s , re gardless o f w h e t h e r such in s t it u t io n s are a u t h o r iz e d t o a c c e p t d e p o s its fr o m th e p u b lic o r f r o m t h e ir m e m b e r s a n d reg ard less o f w h e t h e r su c h in s t it u t io n s In d u s t r ia l a n d are M o r r is P la n b a n k s w h ic h o p e ra te u n d e r g e n e ra l b a n k in g c a lle d "b a n k s " (a fe w in s t it u t io n s a c c e p tin g d e p o s its under p o w e rs c o d e s , o r a r e s p e c if ic a lly a u t h o r i z e d b y la w t o a c c e p t d e p o s its a n d in p r a c t ic e g ra n te d in sp e c ia l c h a rte r s a re in c lu d e d ) ; d o so, o r t h e o b lig a t io n s o f w h ic h a re r e g a rd e d as d e p o s its f o r d e p o s it in s u r ance; and s im ila r i n s t it u t io n s e x c e p t th o s e m e n t io n e d in t h e d e s c r ip tio n o f in s t it u r e g u la t e d c e r t if i c a t e d b a n k in G e o r g ia ; g o v e r n m e n t -o p e r a te d b a n k s in o p e r a tin g C om pany in W a s h in g t o n in New Y o r k ; t h e S a v in g s in t h e S t a t e a g e n e ra l in T e x a s ; th e S a ving s B a n ks T r u s t B a n k and T ru s t C o m p a n y N o rth w e s t o f W a s h in g t o n ; a n d b ra n c h e s o f fo r e ig n b a n k s e n d e p o s it b u s in e s s in Illin o is , M a s s a c h u s e tts , N e w Y o rk , O r e g o n , W a s h in g t o n , P u e r t o R ic o , a n d V i r g in Islan d s; B ra n c h e s o f fo r e ig n b a n k s a n d p r iv a te b a n k s w h ic h c o n f in e t h e ir business t o fo r e ig n I n s t it u t io n s c h a r t e r e d u n d e r b a n k in g F e d e ra l R e s e rv e B a n k s a n d o t h e r b a n k s , su c h as t h e F e d e r a l H o m e L o a n B a n ks Nondeposit trust companies in c lu d e in s t it u t io n s o p e ra tin g u n d e r t r u s t c o m p a n y c h a r te r s w h ic h a re n o t r e g u la r ly en g a g e d in d e p o s it b a n k in g b u t a re e n g a g e d in f id u c ia r y b u s in e s s o t h e r t h a n t h a t in c id e n t a l t o real e s ta te t i t l e o r in v e s t m e n t a c t iv it ie s . a n d t h e S a vin g s a n d Branches; B ra n c h e s in c lu d e all o ffic e s o f a b a n k o t h e r th a n its hea d o f fic e , a t w h ic h d e p o s its a re re c e iv e d , c h e c k s p a id , o r m o n e y le n t. B a n k in g fro m a b a n k in g h o u s e , b a n k in g f a c ilitie s a t g o v e r n m e n t and o th e r f a c ilitie s o p e r a te d fo r l im it e d p u rp o s e s are d e f in e d as c lu d e d , t h o u g h s u c h in s t it u t io n s m a y p e r f o r m m a n y o f th e sa m e f u n c t io n s as c o m m e r c ia l a n d s av in g s b a n k s : th e f a c t t h a t in c e r t a in S ta te s , in c lu d in g sev eral t h a t p r o h i b i t t h e o p e r a tio n have suspended or h av e ceased to accept new o f b ra n c h e s , su c h l im it e d f a c ilitie s a re n o t c o n s id e re d b ra n c h e s w it h i n t h e m e a n in g o f S t a t e la w . 213 o p e r a tio n s are s e p a ra te e s ta b lis h m e n ts , o ffic e s , a g e n c ie s , p a y in g o r re c e iv in g s ta tio n s , d r iv e - in f a c il b ra n c h e s u n d e r t h e F e d e r a l D e p o s it In s u r a n c e A c t , s e c tio n 3 ( o ) , reg ard less o f th a t c a te g o rie s Y o r k , w h ic h ex B anks f o llo w in g B a n k o f t h e S ta te o f N e w in s t it u t io n s . itie s , th e Loan o p e ra te as r e d is c o u n t b a n k s a n d d o n o t a c c e p t d e p o s its e x c e p t f r o m fin a n c ia l f a c ilitie s M utual savings banks in c lu d e all b a n k s o p e ra tin g u n d e r S ta te b a n k in g co d e s a p p ly in g t o m u t u a l s av in g s b a n k s . in la w s , b u t o p e r BRANCHES r e p o r t e d b y r e lia b le u n o f f ic ia l s o u rc e s t o b e e n g ag ed in d e p o s it b a n k in g . In s t it u t io n s o r tru s t c o m p a n y a tin g as in v e s t m e n t o r t i t l e in s u ra n c e c o m p a n ie s a n d n o t en g ag ed in d e p o s it b a n k in g o r f id u c ia r y a c tiv itie s ; P r iv a te b a n k s u n d e r S t a t e s u p e r v is io n , a n d such o t h e r p r iv a te b a n k s as a re In stitutio ns excluded. e x c h a n g e d e a lin g s a n d d o n o t r e c e iv e " d e p o s its " as t h a t te r m is c o m m o n ly u n d e r s to o d ; AND gaged u n d e r s p e c ia l c h a r t e r tio n s in c lu d e d ; BANKS p a n y ," D a k o t a a n d P u e r t o R ic o ; a sav in g s i n s t it u t io n , k n o w n as a " t r u s t c o m OF A N o rth M o r ris P la n c o m p a n ie s , in d u s tr ia l b a n k s , lo a n a n d in v e s t m e n t c o m p a n ie s , NUM BER S t o c k savings b a n k s , in c lu d in g g u a r a n t y savings b a n k s in N e w H a m p s h ire ; 214 Table 101. CHANGES IN NUMBER AND CLASSIFICATION OF BANKS AND BRANCHES IN THE UNITED STATES (STATES AND OTHER AREAS) DURING 1976 All banks Commercial banks and nondeposit trust companies Insured Type o f change Total Insured Non insured Members F.R. System Total Mutual savings banks Noninsured State 21,460 21,073 5,695 5,453 18,578 18,043 Non deposit trust com panies1 Banks of deposit 278 264 90 84 Total Insured Non insured 2,553 2,322 2,125 1,897 428 425 ALL BANKING OFFICES Number of offices, December 3 1,1 97 6 .................................................................... Number of offices, December 3 1,1 97 5 .................................................................... 48,654 47,239 47,858 46,466 796 773 46,101 44,917 45,733 44,569 Net change during year............................................................................................ 1,415 1,392 23 1,184 1,164 387 242 535 14 6 231 228 3 Offices o p e n e d ................................................................................................... Banks............................................................................................................... Branches......................................................................................................... 1,819 193 1,626 1,767 162 1,605 52 31 21 1,574 192 1,382 1,539 161 1,378 691 65 626 197 11 186 651 85 566 26 23 3 9 8 1 245 1 244 228 1 227 17 0 17 Offices closed...................................................................................................... Banks............................................................................................................... Branches......................................................................................................... 404 153 251 390 144 246 14 9 5 391 150 241 381 141 240 198 58 140 67 20 47 116 63 53 7 6 1 3 3 0 13 3 10 9 3 6 4 0 4 Changes in classification................................................................................... Among b a n k s ............................................................................................... Among branches . . .♦................................................................................ 0 0 0 +15 +8 +7 -1 5 -8 -7 +1 +1 0 +6 +6 0 -1 0 6 -1 4 -9 2 +112 -1 4 +126 0 +34 -3 4 -5 -5 0 0 0 0 -1 -1 0 +9 +2 +7 -1 0 -3 -7 Number of banks, December 3 1 ,1 9 7 6 ....................................................................... Number of banks, December 3 1 ,1 9 7 5 ....................................................................... 15,170 15,130 14,740 14,714 430 416 14,697 14,654 14,411 14,385 4,737 4,744 1,023 1,046 8,651 8,595 2074 195 794 74 473 476 329 329 144 147 Net change during year............................................................................................ +40 +26 +14 +43 +26 -7 -2 3 +56 +12 +5 -3 0 -3 Banks beginning operation................................................................................ New banks...................................................................................................... Banks added to count2 ................................................................................ 193 180 13 162 162 0 31 18 13 192 179 13 161 161 0 65 65 0 11 11 0 85 85 0 23 13 10 8 5 3 1 1 0 1 1 0 0 0 0 Banks ceasing operation................................................................................... Absorptions, consolidations, and m e rg ers .............................................. Closed because of financial d iffic u ltie s ..................................................... Other liquidations......................................................................................... Discontinued deposit operation................................................................. Banks deleted from c o u n t.......................................................................... 153 144 4 4 1 0 144 141 2 1 0 0 9 3 2 3 1 0 150 141 4 4 1 0 141 138 2 1 0 0 58 57 1 0 0 0 20 20 0 0 0 0 63 61 1 1 0 0 6 2 2 2 0 0 3 1 0 1 1 0 3 3 0 0 0 0 3 3 0 0 0 0 0 0 0 0 0 0 Noninsured banks becoming insured.......................................................................... 0 +9 0 +6 0 0 +6 0 0 +3 BANKS -9 -6 -3 FEDERAL DEPOSIT INSURANCE CORPORATION National Not mem bers F.R. System Total 0 0 0 0 0 0 0 -1 0 0 0 0 -1 0 +1 0 0 0 0 +1 0 +1 0 0 0 0 0 +1 0 0 0 0 0 -1 +1 -1 4 +10 -2 4 0 0 0 0 -1 4 -2 +1 +10 -2 3 0 0 +28 -8 +23 -1 0 +23 -1 +1 +1 0 0 0 0 +1 0 0 0 0 0 0 0 0 -1 0 0 0 0 0 -1 -1 0 0 0 0 0 -1 0 0 0 0 0 0 0 Changes not involving number in any class Change in t it le ............................................................................................... Change in lo c a t io n ..................................................................................... Change in title and lo c a tio n ...................................................................... Change in name of lo c a tio n ...................................................................... Change in location w ith in c ity ................................................................... 350 18 5 6 267 347 18 5 6 263 3 0 0 0 4 344 18 5 6 262 342 18 5 6 258 124 8 2 2 85 27 0 3 0 7 191 10 0 4 166 1 0 0 0 3 1 0 0 0 1 6 0 0 0 5 5 0 0 0 5 1 0 0 0 0 ... 94 94 0 93 93 0 0 93 0 0 1 1 0 Number of branches, December 31, 19763 ............................................................. Number of branches, December 3 1 , 19753 ............................................................. 33,484 32,109 33,118 31,752 366 357 31,404 30,263 31,322 30,184 16,723 16,329 4,672 4,407 9,927 9,448 71 694 11 104 2,080 1,846 1,796 1,568 284 278 Net change during year............................................................................................ +1,375 +1,366 +9 +1,141 +1,138 +394 +265 +479 +2 +1 +234 +228 +6 Branches opened for business......................................................................... Facilities designated by T re a sury............................................................. Absorbed bank converted to b ra n c h ....................................................... Branch replacing head office relocated.................................................... New branches............................................................................................... Branches and/or facilities added to count2 .......................................... 1,626 3 127 28 1,418 50 1,605 3 127 28 1,398 49 21 0 0 0 20 1 1,382 3 125 28 1,181 45 1,378 3 125 28 1,177 45 626 2 65 6 524 29 186 1 28 2 149 6 566 0 32 20 504 10 3 0 0 0 3 0 1 0 0 0 1 0 244 0 2 0 237 5 227 0 2 0 221 4 17 0 0 0 16 1 Branches discontinued...................................................................................... Facilities designated by T re a sury............................................................. Branches........................................................................................................ Branches and/or facilities deleted from c o u n t....................................... 251 8 218 25 246 8 213 25 5 0 5 0 241 8 208 25 240 8 207 25 140 4 129 7 47 1 36 10 53 3 42 8 1 0 1 0 0 0 0 0 10 0 10 0 6 0 6 0 4 0 4 0 Other changes in classification......................................................................... Branches changing class as a result of conversion................................. Branches of noninsured banks admitted to insurance........................... Branches transferred through absorption, consolidation, or merger. . Branches of insured banks withdrawing from F.R.S............................. 0 0 0 0 0 +7 0 +7 0 0 -7 0 -7 0 0 0 0 0 0 0 0 0 0 0 0 -9 2 -3 1 0 -6 1 0 +126 + 16 0 +165 -5 5 -3 4 +15 0 -1 0 4 +55 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 +7 0 +7 0 0 -7 0 -7 0 0 Changes not involving number in any class Changes in operating powers of b ra n c h e s ............................................. Branches transferred through absorption, consolidation, or merger. . Changes in title , location, or name of lo c a t io n .................................... 5 485 555 5 485 554 0 0 1 5 485 555 5 483 516 1 176 256 1 264 69 3 43 191 0 0 0 0 0 1 0 2 38 0 2 38 0 0 0 Change in corporate powers Granted trust pow ers.................................. BRANCHES 215 11ncludes noninsured nondeposit trust companies, members of the Federal Reserve System. 2 Banks or branches opened prior to 1976 but not included in count as of December 31, 1975. 3 1ncludes facilities established at the request of the Treasury or commanding officer of government installations, and also a few seasonal branches that were not in operation as of December 31. 4 Revised. NUMBER OF BANKS AND BRANCHES Other changes in classification......................................................................... National succeeding State b a n k ................................................................ State succeeding national b a n k ................................................................ Admission of insured bank to F.R. S y s te m .......................................... Withdrawal from F.R. System w ith continued insurance..................... Insured bank becoming noninsured bank .......................................... Mutual savings bank converted to commercial b a n k ........................... 216 Table 102. CHANGES IN NUMBER OF COMMERCIAL BANKS AND BRANCHES IN THE UNITED STATES (STATES AND OTHER AREAS) DURING 1976, BY STATE Other Branches Other 156 141 9 208 33 155 140 9 202 33 5 1 1 0 6 0 0 0 0 0 0 27 11 20 22 125 2 0 0 1 3 1 0 0 1 4 0 0 1 0 1 2 0 5 0 15 0 1 0 0 2 9 2 0 0 12 6 0 0 0 0 2 7 6 4 30 1 3 0 0 3 1 2 0 0 2 1 0 0 0 0 1 2 0 3 2 0 0 1 0 1 +27 +2 +11 +17 +39 4 0 0 19 3 0 0 0 1 0 29 2 12 20 37 11 0 0 1 3 6 0 0 0 2 0 0 0 0 0 12 0 1 2 1 1 0 0 2 0 -2 NA +1 0 -5 +13 +18 +51 +49 +4 0 0 3 1 0 0 0 0 0 0 15 18 50 47 6 3 0 1 2 2 2 0 1 1 3 0 0 1 0 2 3 0 0 0 2 2 0 0 0 2 751 905 1,560 52 546 -2 -2 +9 +5 -1 +32 +23 +73 +5 +31 0 1 9 5 1 0 1 0 0 1 38 29 83 5 32 2 4 2 0 3 2 4 0 0 3 0 0 0 0 0 5 10 11 0 3 3 0 1 0 1 320 16 96 111 112 +5 +2 +3 NA NA +19 +2 +2 +2 +7 6 2 2 0 0 0 0 1 0 0 20 2 5 2 9 2 0 0 0 0 1 0 0 0 0 0 0 0 0 0 2 0 2 0 2 1 0 1 0 0 Other New Other +1,141 179 14 1,226 +1,141 177 13 1,221 +2 0 2 1 457 88 443 318 3,585 +4 +1 +1 -1 +9 +27 +10 +15 +23 + 111 5 1 2 0 14 346 72 18 16 747 54 564 137 130 196 +13 0 NA NA +10 +2 +8 +5 +1 +30 718 156 211 233 948 444 11 24 1,235 407 691 154 200 216 909 -2 NA NA +20 +1 659 616 343 254 43 421 169 560 634 291 661 616 342 254 48 408 151 509 585 287 M aryland..................................... Massachusetts............................ M ichigan..................................... M inn eso ta .................................. Mississippi.................................. 113 148 360 752 184 783 928 1,633 57 577 115 150 351 747 185 M is s o u ri..................................... M o n ta n a ..................................... Nebraska..................................... Nevada........................................ New Hampshire......................... 711 158 456 8 79 339 18 98 113 119 706 156 453 8 79 Branches 30,263 +43 29,980 +41 24 283 484 98 458 341 3,696 299 11 23 262 216 359 72 18 16 757 56 572 142 131 226 Georgia........................................ H a w a ii........................................ Idaho........................................... I llin o is ........................................ Indiana........................................ 442 11 24 1,255 408 I o w a ........................................... K ansas........................................ Kentucky .................................. Louisiana..................................... Maine........................................... Branches 31,404 14,654 31,121 14,630 26 283 A la ba m a ..................................... Alaska ........................................ A rizona........................................ Arkansas..................................... C a lifo rn ia .................................. 303 12 24 261 225 C olorado..................................... C o nn e cticut............................... Delaware..................................... D istrict of C o lu m b ia ............... F lo rid a ........................................ Branches Total United States................... 14,697 50 States and 0.C ...................... 14,671 Other areas.................................. States FEDERAL DEPOSIT INSURANCE CORPORATION Absorptions New Banks Banks Banks Branches Banks Branches Banks Dec. 31, 1975 Dec. 31, 1976 Ceasing operation in 1976 Beginning operation in 1976 Net change during 1976 In operation State 195 83 277 92 171 1,462 210 3,266 1,621 94 209 81 305 94 172 1,417 206 3,206 1,585 89 -1 4 +2 -2 8 -2 -1 +45 +4 +60 +36 +5 2 2 10 2 0 0 0 0 0 0 47 7 67 35 5 15 0 38 4 1 16 0 38 4 0 0 0 0 0 1 14 2 37 3 1 3 1 8 0 0 O h io ........................................... O kla ho m a .................................. O regon........................................ Pennsylvania............................... Rhode Is la n d ............................ 490 475 48 392 17 1,739 104 478 2,324 224 496 467 47 398 16 1,674 99 447 2,275 220 -6 +8 +1 -6 +1 +65 +5 +31 +49 +4 3 7 2 0 0 0 1 0 0 2 65 5 33 58 5 8 0 1 6 0 9 0 1 6 0 0 0 0 0 1 8 0 3 15 1 0 0 0 0 0 South C a ro lin a ......................... South D a k o ta ............................ Tennessee.................................. Texas........................................... U t a h ........................................... 90 157 348 1,363 67 607 129 814 157 209 90 158 344 1,342 64 601 125 772 138 204 l\IA -1 +4 +21 +3 +6 +4 +42 +19 +5 0 1 5 25 3 0 0 0 0 0 12 2 49 18 5 0 2 4 2 0 0 2 1 3 0 0 0 0 1 0 6 0 11 0 0 0 0 0 1 0 V e rm o n t..................................... Virginia........................................ W a sh ing ton ............................... West V ir g in ia ............................ W isc o n s in .................................. Wyoming..................................... 30 284 91 222 630 78 142 1,211 722 49 347 2 32 291 98 219 628 77 139 1,174 685 35 336 2 -2 -7 -7 +3 +2 +1 +3 +37 +37 +14 + 11 NA 0 5 2 3 3 1 0 0 0 0 0 0 3 35 31 14 10 0 2 12 9 1 1 0 2 12 9 0 1 0 0 0 0 0 0 0 2 9 3 1 0 0 0 1 0 0 0 0 1 0 18 7 29 2 226 26 1 0 15 8 32 2 221 28 NA NA +3 -1 -3 NA +5 -2 0 0 2 0 0 0 1 0 0 0 5 0 0 0 0 1 0 0 0 1 0 0 0 0 3 0 0 3 0 0 0 0 Other areas Pacific Islands............................ Canal Zone.................................. Puerto R ic o ............................... Virgin Isla nd s............................ NA—No activity. 217 NUMBER OF BANKS AND BRANCHES New Jersey.................................. New M e xico ............................... New Y o r k .................................. North C a ro lin a ......................... North D a k o ta ............................ 218 T A B L E 103. N U M B E R OF B A N K I N G O F F IC E S IN T H E U N I T E D S T A T E S (S T A T E S A N D O T H E R A R E A S ), D E C E M B E R 31, 1976 BANKS GROUPED BY INSURANCE STATUS AND CLASS OF BANK, AND BY STATE OR AREA AND TYPE OF OFFICE A ll banks Commercial banks and nondeposit trust companies Insured Total United States-all offices............... 48,657 Banks.............................................. 15,172 Unit banks.................................. 9,039 Insured Non insured Total Total Na tional State Nonmem bers F.R. Sys tem Members F. R. System Banks of de posit2 Non deposit trust com panies3 Total Insured Non insured All banks of #4n oeposit Com mercial banks of deposit Mutual savings banks 47,858 14,740 799 432 46,104 14,699 45,733 14,411 21,460 4,737 5,695 1,023 18,578 8,651 281 209 90 79 2,553 473 2,125 329 428 144 98.5 97.7 99.4 98.6 83.2 69.6 6,133 8,744 5,996 295 137 8,958 5,741 8,698 5,713 2,603 2,134 526 497 5,569 3,082 188 21 72 7 81 392 46 283 35 109 97.5 97.9 97.9 99.6 56.8 72.2 Branches4 ..................................... 33,485 33,118 367 31,405 31,322 16,723 4,672 9,927 72 11 2,080 1,796 284 98.9 99.8 86.3 50 States & D.C.-all offices. . . . 48,348 Banks.............................................. 15,146 Unit banks.................................. 9,027 47,590 14,726 758 420 45,795 14,673 45,465 14,397 21,402 4,735 5,695 1,023 18,368 8,639 240 197 90 79 2,553 473 2,125 329 428 144 98.6 97.7 99.5 98.7 83.2 69.6 6,119 8,740 5,986 287 133 8,946 5,727 8,694 5,703 2,602 2,133 526 497 5,566 3,073 180 17 72 7 81 392 46 283 35 109 97.6 97.9 98.0 99.7 56.8 72.2 Branches4 ..................................... 33,202 32,864 338 31,122 31,068 16,667 4,672 9,729 43 11 2,080 1,796 284 99.0 99.9 86.3 309 26 268 14 41 12 309 26 268 14 58 2 0 0 210 12 41 12 0 0 0 0 0 0 0 0 86.7 53.8 86.7 53.8 0.0 0.0 Banks operating branches . . . 12 14 4 10 8 4 12 14 4 10 1 1 0 0 3 9 8 4 0 0 0 0 0 0 0 0 33.3 71.4 33.3 71.4 0.0 0.0 Branches4 ..................................... 283 254 29 283 254 56 0 198 29 0 0 0 0 89.8 89.8 0.0 787 303 787 303 0 0 787 303 787 303 401 97 41 18 345 188 0 0 0 0 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 Banks operating branches . . . 153 150 153 150 0 0 153 150 153 150 35 62 10 8 108 80 0 0 0 0 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 Branches........................................ 484 484 0 484 484 304 23 157 0 0 0 0 0 100.0 100.0 0.0 Alaska-all offices............................ Banks.............................................. Unit banks................................. 114 14 114 14 0 0 110 12 110 12 83 6 0 0 27 6 0 0 0 0 4 2 4 2 0 0 100.0 100.0 100.0 100.0 100.0 100.0 Banks operating branches . . . Banks operating branches . . . Other Areas—all offices................... Banks.............................................. Unit banks.................................. State Alabama-all o ffic e s ...................... Banks.............................................. Unit banks.................................. Banks operating branches . . . 3 11 3 11 0 0 2 10 2 10 0 6 0 0 2 4 0 0 0 0 1 1 1 1 0 0 100.0 100.0 100.0 100.0 100.0 100.0 Branches ........................................ 100 100 0 98 98 77 0 21 0 0 2 2 0 100.0 100.0 100.0 Arizona—all offices......................... Banks.............................................. Unit banks.................................. 482 24 474 16 8 8 482 24 474 16 311 3 0 0 163 13 0 0 8 8 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 Banks operating branches . . . 14 10 6 10 8 0 14 10 6 10 1 2 0 0 5 8 0 0 8 0 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 Branches ........................................ 458 458 0 458 458 308 0 150 0 0 0 0 0 100.0 100.0 0.0 FEDERAL DEPOSIT INSURANCE CORPORATION State and type of hank or office Percentage insured1 Mutual savings banks Noninsured Arkansas-all o ffic e s ...................... Banks.............................................. Unit banks.................................. 602 261 598 257 4 4 Banks operating branches . . . 117 144 113 144 4 0 144 113 144 56 6 Branches ........................................ 341 341 0 341 341 169 18 154 California-all offices...................... Banks.............................................. Unit banks.................................. 3,921 225 3,898 210 23 15 3,921 225 3,898 210 2,778 58 333 7 787 145 602 261 777 598 257 242 73 77 25 7 7 331 177 95 82 1 1 7 3 3 0 0 0 0 0 0 99.8 99.6 99.8 99.6 0.0 0.0 3 0 0 0 0 0 0 0 99.1 100.0 99.1 100.0 0.0 0.0 0 0 0 0 0 100.0 100.0 0.0 0 0 23 15 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 0.0 0.0 0 78 147 68 142 10 5 78 147 68 142 13 45 0 7 55 90 0 0 10 5 0 0 0 0 0 0 100.0 100.0 100.0 100.0 3,696 3,688 8 3,696 3,688 2,720 326 642 0 8 0 0 0 100.0 100.0 0.0 Colorado-all o ffices...................... Banks.............................................. Unit banks.................................. 415 359 337 281 78 78 415 359 337 281 163 132 19 16 155 133 7 14 78 78 0 0 0 0 0 0 0 0 81.2 78.3 81.2 78.3 0.0 0.0 0.0 0.0 Banks operating branches . . . 309 50 231 50 78 0 309 50 231 50 103 29 14 2 19 78 0 0 0 0 0 0 0 0 0 74.8 100.0 74.8 100.0 Branches ........................................ 56 56 0 56 56 31 3 22 0 0 0 0 0 100.0 100.0 0.0 Connecticut-all o ffic e s ................ Banks.............................................. Unit banks.................................. 983 138 982 137 1 1 7 644 72 643 71 285 23 275 46 77 1 1 7 0 0 339 66 7 0 0 99.9 99.3 99.8 98.6 100.0 100.0 35 0 0 0 339 66 7 59 59 0 0 95.7 100.0 93.8 100.0 100.0 100.0 229 0 0 273 273 0 100.0 100.0 100.0 150 12 0 0 1 1 7 25 2 25 2 0 0 100.0 100.0 100.0 100.0 100.0 100.0 Banks operating branches . . . 23 115 22 115 0 16 56 15 56 3 20 Branches..................... .................. 845 845 0 572 572 262 83 2 7 7 81 Delaware-all o ffices...................... Banks.............................................. Unit banks.................................. 185 20 184 19 1 1 7 160 18 159 17 7 9 5 0 0 Banks operating branches . . . 8 12 7 12 0 8 10 10 2 3 0 0 5 7 0 0 0 0 2 0 2 0 0 100.0 100.0 100.0 100.0 0.0 100.0 Branches ........................................ 165 165 0 142 142 4 0 138 0 0 23 23 0 100.0 100.0 100.0 D.C.-all offices............................... Banks.............................................. Unitbanks .................................. 147 16 147 16 0 0 147 16 147 16 144 15 0 0 3 1 0 0 0 0 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 3 13 3 13 0 0 3 13 3 13 3 12 0 0 0 1 0 0 0 0 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 Banks operating branches . . . Branches........................................ 131 131 0 131 131 129 0 2 0 0 0 0 0 100.0 100.0 0.0 Florida-all o ffic e s ......................... Banks.............................................. Unit banks.................................. 983 757 979 753 4 4 983 757 979 753 384 306 35 31 560 416 1 1 7 3 3 0 0 0 0 0 0 99.9 99.9 99.9 99.9 0.0 0.0 0.0 0.0 Banks operating branches . . . 554 203 550 203 4 0 554 203 550 203 230 76 28 3 292 124 0 3 0 0 0 0 0 0 0 99.8 100.0 99.8 100.0 Branches ........................................ 226 226 0 226 226 78 4 144 0 0 0 0 0 100.0 100.0 0.0 Georgia—all offices......................... Banks.............................................. Unit banks.................................. 1,160 442 1,159 441 1 1 7 1,160 442 1,159 441 387 64 77 82 9 690 368 1 1 7 0 0 0 0 0 0 0 0 99.9 99.8 99.9 99.8 0.0 0.0 0.0 0.0 Banks operating branches . . . 220 222 219 222 0 220 222 219 222 47 2 7 200 168 0 0 0 0 0 0 0 0 0 99.5 100.0 99.5 100.0 Branches ........................................ 718 718 0 718 718 323 73 322 0 0 0 0 0 100.0 100.0 0.0 Hawaii-all offices............................ Banks.............................................. Unit banks.................................. 167 11 7 161 8 6 3 7 167 11 7 161 8 13 2 0 0 148 6 0 0 6 3 7 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 0 0 0 0 0 0 0.0 100.0 0.0 100.0 0.0 0.0 0 0 100.0 100.0 0.0 Banks operating branches . . . 10 0 8 Branches ........................................ 156 153 10 0 8 0 2 0 0 0 6 0 0 156 153 11 0 142 0 2 3 0 219 2 3 NUMBER OF BANKS AND BRANCHES Banks operating branches . . . Branches4 ..................................... 220 TABLE 103. NUMBER OF BANKING OFFICES IN THE UNITED STATES (STATES AND OTHER AREAS), D EC E M B E R 31, 1 9 7 6 - C O N T I N U E D BANKS GROUPED BY INSURANCE STATUS AND CLASS OF BANK, AND BY STATE OR AREA AND TYPE OF OFFICE Insured Total Insured Non insured Total Total Members F.R. System Na tional Idaho-all o ffices............................ Banks.............................................. Unit banks.................................. Banks operating branches . . . Noninsured State Nonmem bers F.R. Sys tem Banks of de posit2 Non deposit trust com panies3 Total Insured Non insured A ll banks of de posit Com mercial banks of deposit Mutual savings banks 235 24 235 24 0 0 235 24 235 24 172 6 10 4 53 14 0 0 0 0 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 9 15 9 15 0 0 9 15 9 15 1 5 2 2 6 8 0 0 0 0 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 Branches ........................................ 211 211 0 211 211 166 6 39 0 0 0 0 0 100.0 100.0 0.0 Illinois-all offices............................ Banks.............................................. Unit banks.................................. 1,488 1,255 1,458 1,225 30 30 1,488 1,225 1,458 1,225 540 425 87 70 831 730 23 23 0 0 0 0 0 0 98.4 98.2 98.4 98.2 0.0 0.0 1,029 226 999 226 30 0 1,029 226 999 226 314 111 54 16 631 99 23 0 7 7 7 0 0 0 0 0 0 0 97.7 100.0 97.7 100.0 0.0 0.0 Banks operating branches . . . Branches ........................................ 233 233 0 233 233 115 17 101 0 0 0 0 0 100.0 100.0 0.0 Indiana-all offices......................... Banks.............................................. Unit banks.................................. 1,362 412 1,360 410 2 2 1,356 408 1,354 406 601 120 97 44 656 242 1 1 1 1 6 4 6 4 0 0 99.9 99.8 99.9 99.8 100.0 100.0 Banks operating branches . . . 158 254 156 254 2 0 156 252 154 252 33 87 21 23 100 142 1 0 1 0 2 2 2 2 0 0 99.4 100.0 99.4 100.0 100.0 100.0 Branches ........................................ 950 950 0 948 948 481 53 414 0 0 2 2 0 100.0 100.0 100.0 Iow a-all offices............................... Banks.............................................. Unit banks.................................. 1,080 659 1,073 652 1,073 652 185 100 91 46 797 506 6 6 0 402 257 395 257 52 48 25 21 318 188 6 0 1 1 7 Banks operating branches . . . 395 257 7 7 7 1,080 659 402 257 Branches ........................................ 421 421 0 421 421 85 45 291 0 0 Kansas-all offices............................ Banks.............................................. Unit banks.................................. 785 616 784 615 1 1 785 616 784 615 240 169 25 20 519 426 0 0 Banks operating branches . . . 499 117 498 117 1 0 499 117 498 117 122 47 16 4 360 66 1 1 7 0 0 0 Branches ........................................ 169 169 0 169 169 71 5 93 0 96 10 494 250 1 1 Kentucky-all offices...................... Banks.............................................. Unit banks.................................. 903 343 902 342 1 1 903 343 902 342 312 82 0 0 0 0 0 0 99.4 99.1 99.4 99.1 0.0 0.0 0 0 0 0 0 0 98.5 100.0 98.5 100.0 0.0 0.0 0 0 0 100.0 100.0 0.0 0 0 0 0 0 0 99.9 99.8 99.9 99.8 0.0 0.0 0 0 0 0 0 0 99.8 100.0 99.8 100.0 0.0 0.0 0 0 0 0 100.0 100.0 0.0 0 0 0 0 0 0 0 0 99.9 99.7 99.9 99.7 0.0 0.0 0 0 99.4 100.0 99.4 100.0 0.0 0.0 0 100.0 100.0 0.0 0 Banks operating branches . . . 158 185 157 185 1 0 158 185 157 185 25 57 4 6 128 122 1 0 0 0 0 0 0 0 Branches ........................................ 560 560 0 560 560 230 86 244 0 0 0 0 FEDERAL DEPOSIT INSURANCE CORPORATION State and type of bank or office Percentage insured1 Mutual savings banks Commercial banks and nondeposit trust companies A ll banks Louisiana-all o ffic e s ...................... Banks.............................................. Unit banks.................................. Banks operating branches . . . 888 254 888 254 0 0 888 254 888 254 308 54 58 7 522 193 0 0 0 0 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 79 175 79 175 0 0 79 175 79 175 11 43 1 6 67 126 0 0 0 0 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 Branches ........................................ 634 634 0 634 634 254 51 329 0 0 0 0 0 100.0 100.0 0.0 M aine-all o ffic e s ............................ Banks.............................................. Unit banks.................................. 431 74 431 74 0 0 334 43 334 43 135 17 37 3 162 23 0 0 0 0 97 31 97 31 0 0 100.0 100.0 100.0 100.0 100.0 100.0 12 62 12 62 0 0 4 39 4 39 1 16 0 3 3 20 0 0 0 0 8 23 8 23 0 0 100.0 100.0 100.0 100.0 100.0 100.0 357 357 0 291 291 118 34 139 0 0 66 66 0 100.0 100.0 100.0 M aryland-all o ffic e s ...................... Banks.............................................. Unit banks .................................. 946 116 946 116 0 0 896 113 896 113 413 41 7 101 6 382 66 0 0 0 0 50 3 50 3 0 0 100.0 100.0 100.0 100.0 100.0 100.0 1 5 24 42 0 0 0 3 0 3 0 0 100.0 100.0 100.0 100.0 0.0 100.0 47 Banks operating branches . . . 32 84 32 84 0 0 32 81 32 81 34 0 0 Branches ........................................ 830 830 0 783 783 372 95 316 0 0 47 0 100.0 100.0 100.0 Massachusetts-all o ffic e s ............ Banks.............................................. Unit banks.................................. 1,625 316 1,186 165 439 151 1,079 150 1,068 143 580 75 183 12 305 56 10 6 1 1 546 166 118 22 428 144 73.0 52.4 99.1 96.0 21.6 13.3 Banks operating branches . . . 59 257 21 144 38 113 20 130 17 126 9 66 0 12 8 48 2 4 1 0 39 127 4 18 35 109 36.2 56.0 89.5 96.9 10.3 14.2 Branches4 ..................................... 1,309 1,021 288 929 925 505 171 249 4 0 380 96 284 78.0 99.6 25.3 M ichig a n-a ll o ffic e s ...................... Banks.............................................. Unit banks.................................. 1,993 360 1,990 359 3 1 1,993 360 1,990 359 915 122 576 89 499 148 3 1 0 0 0 0 0 0 0 0 99.8 99.7 99.8 99.7 0.0 0.0 Banks operating branches . . . 85 275 85 274 0 1 85 275 85 274 19 103 18 71 48 100 0 0 0 0 0 0 0 0 100.0 99.6 100.0 99.6 0.0 0.0 Branches ........................................ 1,633 1,631 2 1,633 1,631 793 487 351 0 1 2 0 0 0 0 99.9 99.9 0.0 M innesota-all offices...................... Banks.............................................. Unit banks.................................. 810 753 808 751 2 2 809 752 807 750 231 203 33 31 543 516 2 2 0 0 1 1 1 1 0 0 99.8 99.7 99.8 99.7 100.0 100.0 100.0 0.0 Banks operating branches . . . 701 52 699 52 2 0 700 52 698 52 180 23 29 2 489 27 2 0 0 0 1 0 1 0 0 0 99.7 100.0 99.7 100.0 Branches........................................ 57 57 0 57 57 28 2 27 0 0 0 0 0 100.0 100.0 0.0 Mississippi-all o ffic e s ................... Banks.............................................. Unit banks.................................. 761 184 760 183 1 1 761 184 760 183 261 38 24 6 475 139 0 0 1 1 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 0.0 0.0 Banks operating branches . . . 49 135 48 135 1 0 49 135 48 135 6 32 2 4 40 99 0 0 1 0 0 0 0 0 0 0 100.0 100.0 100.0 100.0 Branches ........................................ 577 577 0 577 577 223 18 336 0 0 0 0 0 100.0 100.0 0.0 M issouri-all offices......................... Banks.............................................. Unit banks.................................. 1,050 711 1,045 706 5 5 1,050 711 1,045 706 186 115 102 62 757 529 1 1 4 4 0 0 0 0 0 0 99.9 99.9 99.9 99.9 0.0 0.0 Banks operating branches . . . 431 280 426 280 5 0 431 280 426 280 61 54 32 30 333 196 1 0 4 0 0 0 0 0 0 0 99.8 100.0 99.8 100.0 0.0 0.0 Branches ........................................ 339 339 0 339 339 71 40 228 0 0 0 0 0 100.0 100.0 0.0 M ontana-all o ffic e s ...................... Banks.............................................. Unit banks.................................. Banks operating branches . . . Branches........... ............................ 176 158 173 155 3 3 176 158 173 155 64 56 50 45 59 54 0 0 3 3 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 140 18 137 18 3 0 140 18 137 18 48 8 40 5 49 5 0 0 3 0 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 18 18 0 18 18 8 5 5 0 0 0 0 0 100.0 100.0 0.0 NUMBER OF BANKS AND BRANCHES Banks operating branches . . . Branches ........................................ 222 TABLE 103. NUMBER OF BANKING OFFICES IN THE UNITED STATES (STATES AND OTHER AREAS), D EC E M B E R 31, 197 6 —C O N T I N U E D BANKS GROUPED BY INSURANCE STATUS AND CLASS OF BANK, AND BY STATE OR AREA AND TYPE OF OFFICE Total Insured Non insured Total Total Members F.R. System Na tional Nebraska-all offices...................... Banks.............................................. Unitbanks .................................. 554 456 548 450 6 6 554 456 548 450 171 120 State Nonmem bers F.R. Sys tem Banks of de posit2 Non deposit trust com panies3 Total Insured Non insured All banks of de posit Com mercial banks of deposit Mutual savings banks 10 8 367 322 0 0 6 6 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 7 1 2 285 37 0 0 6 0 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 45 0 0 0 0 0 100.0 100.0 0.0 19 1 20 3 0 0 0 0 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 0.0 0.0 Banks operating branches . . . 383 73 377 73 6 0 383 73 377 73 85 35 Branches ........................................ 98 98 0 98 98 51 I\levada-all o ffic e s ......................... Banks.............................................. Unit banks.................................. 121 8 121 8 0 0 121 8 82 4 7 3 0 1 0 3 0 0 0 0 0 0 0 0 0 0 100.0 100.0 100.0 100.0 78 18 17 0 0 0 0 0 100.0 100.0 0.0 1 1 7 1 1 60 27 60 27 0 0 99.6 99.0 99.5 98.7 100.0 100.0 Banks operating branches . . . 1 7 1 7 0 0 1 7 Branches ........................................ 113 113 0 113 121 8 7 7 113 New Hampshire-all offices . . . . Banks.............................................. Unit banks.................................. 258 106 256 104 2 2 198 79 196 77 132 43 4 2 60 32 Banks operating branches . . . 39 67 37 67 2 0 27 52 25 52 10 33 0 1 0 12 15 12 15 0 0 97.4 100.0 96.2 100.0 100.0 100.0 152 152 0 119 119 89 1 1 2 14 18 Branches ........................................ 28 0 0 33 33 0 100.0 100.0 100.0 New Jersey-all offices................... Banks.............................................. Unit banks.................................. 1,803 215 1,803 215 0 0 1,657 195 1,657 195 1,124 104 231 19 302 72 0 0 0 0 146 20 146 20 0 0 100.0 100.0 100.0 100.0 100.0 100.0 0 19 20 52 0 0 0 0 3 17 3 17 0 0 100.0 100.0 100.0 100.0 100.0 100.0 126 126 0 100.0 100.0 100.0 Banks operating branches . . . 34 181 34 181 0 0 31 164 31 164 11 93 Branches........................................ 1,588 1,588 0 1,462 1,462 1,020 212 230 0 0 New Mexico-all o ffic e s ................ Banks.............................................. Unit banks.................................. 293 83 292 82 1 1 293 83 292 82 153 38 21 7 0 0 1 1 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 Banks operating branches . . . 20 63 19 63 1 0 20 63 19 63 8 30 2 5 118 37 9 0 0 1 0 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 Branches ........................................ 210 210 0 210 210 115 14 81 0 0 0 0 0 100.0 100.0 0.0 New Y o rk-all offices...................... Banks.............................................. Unit banks.................................. 4,417 395 4,361 348 56 47 3,543 277 3,487 230 1,539 129 1,751 56 197 45 51 42 5 5 874 118 874 118 0 0 98.8 89.2 98.6 84.6 100.0 100.0 28 Banks operating branches . . . 111 284 70 278 41 6 108 169 67 163 36 93 13 43 18 27 36 6 5 0 3 115 3 115 0 0 66.0 97.9 65.0 96.4 100.0 100.0 Branches4 ..................................... 4,022 4,013 9 3,266 3,257 1,410 1,695 152 9 0 756 756 0 99.8 99.7 100.0 FEDERAL DEPOSIT INSURANCE CORPORATION Noninsured Insured State and type of bank or office Percentage insured1 Mutual savings banks Commercial banks and nondeposit trust companies A ll banks North Carolina-all offices............ Banks.............................................. Unit banks.................................. 1,702 91 11 1 1,713 92 1,702 91 815 28 Banks operating branches . . . 20 72 20 71 0 1 20 72 20 71 6 22 Branches........................................ 1,621 1,611 10 1,621 1,611 North Dakota-all o ffic e s ............. Banks.............................................. Unit banks.................................. 265 171 259 169 6 2 265 171 259 169 Banks operating branches . . . 102 69 101 68 1 1 102 69 Branches ........................................ 94 90 4 Ohio—all offices............................... Banks.............................................. Unit banks.................................. 2,229 490 2,228 489 Banks operating branches . . . 154 336 153 336 1 1 7 Branches ........................................ 1,739 1,739 Oklahoma-all offices...................... Banks.............................................. Unit banks.................................. 579 475 882 61 11 1 0 0 0 0 13 48 0 1 0 0 0 0 787 5 2 7 7 3 821 10 0 0 68 43 7 4 184 122 0 0 0 0 101 68 21 22 2 2 78 44 0 0 0 0 94 90 25 3 62 6 2 7 7 4 0 2,229 490 2,228 489 1,244 219 542 113 442 157 0 154 336 153 336 45 174 44 69 64 93 0 1,739 1,739 1,025 429 285 573 469 6 6 579 475 573 469 255 195 14 13 304 261 0 0 0 0 0 0 0 0 99.4 98.9 99.4 98.9 0.0 0.0 0 0 100.0 98.6 100.0 98.6 0.0 0.0 0 99.4 99.4 0.0 0 0 97.7 98.8 97.7 98.8 0.0 0.0 0 0 0 99.0 98.6 99.0 98.6 0.0 0.0 0 0 0 95.7 95.7 0.0 0 0 0 0 0 0 0 100.0 99.8 100.0 99.8 0.0 0.0 0 0 0 0 0 0 0 99.4 100.0 99.4 100.0 0.0 0.0 0 0 0 0 100.0 100.0 0.0 5 5 1 1 7 0 0 0 0 99.1 98.9 99.1 98.9 0.0 0.0 0.0 0.0 1 1 7 Banks operating branches . . . 375 100 369 100 6 0 375 100 369 100 138 57 12 1 219 42 5 0 0 0 0 Branches ........................................ 104 104 0 104 104 60 1 43 0 0 0 Oregon-all offices......................... Banks.............................................. Unit banks.................................. 532 49 528 47 526 48 522 46 0 0 197 39 6 1 15 32 16 32 15 31 6 0 0 14 25 0 0 0 1 Branches4 ..................................... 483 481 478 476 318 0 158 4 2 7 7 2 0 0 16 33 325 7 7 Banks operating branches . . . 4 2 7 7 2 0 Pennsylvania-all offices................ Banks.............................................. Unit banks.................................. 2,903 400 2,895 394 8 6 2,716 392 2,708 386 1,597 237 203 14 908 135 6 4 Banks operating branches . . . 126 274 121 273 5 1 126 266 121 265 84 153 4 10 33 102 Branches4 ..................................... 2,503 2,501 2 2,324 2,322 1,360 189 Rhode Island-all offices................ Banks.............................................. Unit banks................................... 315 23 302 20 241 17 228 14 120 5 Banks operating branches . . . 4 19 3 17 13 3 7 2 4 13 3 11 Branches ........................................ 292 282 10 224 South Carolina-all offices............ Banks.............................................. Unit banks.................................. 697 90 697 90 0 0 Banks operating branches . . . 25 65 25 65 0 0 Branches ........................................ 607 607 South Dakota-all o ffic e s ............ Banks.............................................. Unit banks.................................. 286 157 285 156 0 0 0 0 0 0 0 0 0 0 0 0 98.7 100.0 98.7 100.0 0 100.0 100.0 0.0 0 1 0 0 99.2 95.9 99.2 95.8 100.0 100.0 0 0 93.8 97.0 93.8 96.9 0.0 100.0 5 5 0 99.6 99.6 100.0 2 2 187 8 187 8 0 0 99.8 99.0 99.8 99.0 100.0 100.0 3 1 2 0 0 8 8 0 0 97.6 99.6 97.6 99.6 0.0 100.0 773 2 0 179 179 0 99.9 99.9 100.0 0 0 108 9 12 2 74 6 74 0 0 96.2 90.9 95.0 87.5 100.0 100.0 0 5 0 0 3 6 0 2 1 1 7 0 0 6 0 0 100.0 89.5 100.0 84.6 0.0 100.0 214 115 0 99 10 0 68 0 96.6 95.5 100.0 697 90 697 90 317 19 15 6 365 65 0 0 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 25 65 25 65 3 16 2 4 20 45 0 0 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 0 607 607 298 9 300 0 0 0 1 1 7 286 157 285 156 112 32 40 27 133 97 0 0 1 1 0 0 0 6 1 0 6 0 6 68 0 0 0 0 0 0 0 0 100.0 100.0 0.0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 Banks operating branches . . . 108 49 107 49 0 108 49 107 49 19 13 19 8 69 28 0 0 1 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 129 129 0 0 0 0 0 Branches ........................................ 129 129 80 13 36 0 0 0 0 0 100.0 100.0 0.0 223 NUMBER OF BANKS AND BRANCHES 1,713 92 224 TABLE 103. NUMBER OF BANKING OFFICES IN THE UNITED STATES (STATES AND OTHER AREAS), D EC E M B E R 31, 1 9 7 6 - C O N T I N U E D BANKS GROUPED BY INSURANCE STATUS AND CLASS OF BANK, AND BY STATE OR AREA AND TYPE OF OFFICE Noninsured Insured Total Insured Non insured Total Total Members F.R. System Na tional State Nonmem bers F.R. Sys tem Banks of de posit2 Non deposit trust com panies3 Total Insured Non insured All banks of de posit Com mercial banks of deposit Mutual savings banks 1,162 348 1,160 346 2 2 1,162 348 1,160 346 427 74 66 13 667 259 1 1 1 1 0 0 0 0 0 0 99.9 99.7 99.9 99.7 0.0 0.0 Banks operating branches . . . 113 235 111 235 2 0 113 235 111 235 9 65 2 11 100 159 1 0 1 0 0 0 0 0 0 0 99.1 100.0 99.1 100.0 0.0 0.0 Branches ........................................ 814 814 0 814 814 353 53 408 0 0 0 0 0 100.0 100.0 0.0 Texas—all offices............................ Banks.............................................. Unit banks.................................. 1,520 1,363 1,514 1,357 6 6 1,520 1,363 1,514 1,357 621 596 56 41 837 720 6 6 0 0 0 0 0 0 0 0 99.6 99.6 99.6 99.6 0.0 0.0 0.0 0.0 Tennessee-all offices..................... Banks.............................................. Unit banks.................................. Banks operating branches . . . 1,224 139 1,218 139 6 O 1,224 139 1,218 139 575 21 28 13 615 105 6 0 0 0 0 0 0 0 0 0 99.5 100.0 99.5 100.0 Branches ........................................ 157 157 0 157 157 25 15 117 0 0 0 0 0 100.0 100.0 0.0 Utah-all offices............................... Banks.............................................. Unit banks.................................. 276 67 275 66 276 67 275 66 115 13 76 7 84 46 0 0 1 1 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 43 24 42 24 1 1 7 43 24 42 24 8 5 2 5 32 14 0 0 1 0 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 69 38 0 0 0 0 0 100.0 100.0 0.0 110 15 0 0 1 1 18 6 18 6 0 0 100.0 100.0 100.0 100.0 100.0 100.0 Banks operating branches . . . 0 Branches ........................................ 209 209 0 209 209 102 Verm ont-all o ffices...................... Banks.............................................. Unit banks.................................. 190 36 189 35 1 1 172 30 7 171 29 61 14 0 0 Banks operating branches . . . 9 27 8 27 1 0 23 6 23 4 10 0 0 2 13 0 0 1 0 2 4 2 4 0 0 100.0 100.0 100.0 100.0 100.0 100.0 Branches........................................ 154 154 0 142 142 47 0 95 0 0 12 12 0 100.0 100.0 100.0 Virginia-all offices......................... Banks.............................................. Unit banks.................................. 1,495 284 1,494 283 1 1 1,495 284 1,494 283 798 108 308 67 388 108 0 0 1 1 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 Banks operating branches . . . 81 203 80 203 1 0 81 203 80 203 16 92 25 42 39 69 0 0 1 0 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 Branches ........................................ 1,211 1,211 0 1,211 1,211 690 241 280 0 0 0 0 0 100.0 100.0 0.0 Washington-all offices................... Banks.............................................. Unit banks.................................. 930 100 923 93 7 7 7 813 91 806 84 589 21 37 4 180 59 6 6 1 1 117 9 117 9 0 0 99.4 93.9 99.3 93.3 100.0 100.0 0 9 0 0 84.2 100.0 84.2 100.0 0.0 100.0 108 0 100.0 100.0 100.0 Banks operating branches . . . 39 61 32 61 0 39 52 32 52 3 18 2 2 27 32 6 0 1 0 Branches^ ..................................... 830 830 0 722 722 568 33 121 0 0 O 9 108 FEDERAL DEPOSIT INSURANCE CORPORATION State and type of bank or office Percentage insured1 Mutual savings banks Commercial banks and nondeposit trust companies All banks West Virginia-all offices. . . . Banks........................................ Unit banks............................ Banks operating branches . 271 222 271 222 0 0 271 222 271 222 130 103 34 29 107 90 0 0 0 0 0 0 173 49 173 49 0 0 0 0 173 49 0 0 100.0 100.0 100.0 100.0 0.0 0.0 173 49 76 27 24 5 73 17 0 0 0 0 0 0 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 Branches .................................. 49 49 0 49 49 27 5 17 0 0 0 0 0 100.0 100.0 0.0 Wisconsin-all offices............... Banks........................................ Unit banks............................ 980 633 975 628 5 5 977 630 972 625 217 130 54 31 701 464 0 0 5 5 3 3 3 3 0 0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 0.0 425 208 420 208 5 0 422 208 417 208 85 45 21 10 311 153 0 0 5 0 3 0 3 0 347 0 0 100.0 100.0 347 100.0 100.0 0 347 347 87 23 237 0 0 0 0 0 100.0 100.0 0.0 Wyoming-all offices............... Banks........................................ Unit banks............................ 80 78 80 78 0 0 80 78 80 78 47 46 14 14 19 18 0 0 0 0 76 2 0 0 76 2 0 0 0 0 100.0 100.0 100.0 100.0 0.0 0.0 Banks operating branches . 76 2 0 0 76 2 45 1 14 0 17 1 0 0 0 0 Branches .................................. 0 0 0 0 2 2 0 0 100.0 100.0 100.0 100.0 0.0 0.0 0 2 2 1 0 1 0 0 0 0 0 100.0 100.0 0.0 30 11 18 11 12 0 30 1 18 1 7 0 0 0 11 1 12 0 0 0 0 0 0 0 0 1 0 0 0 1 0 0 60.0 100.0 60.0 100.0 0 1 0.0 0.0 Banks operating branches . 0 1 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0.0 100.0 Branches® ............................... 0 0 0.0 100.0 0.0 0.0 29 17 12 29 17 7 0 10 12 0 0 0 0 58.6 58.6 0.0 Canal Zone—all offices............ Banks........................................ Unit banks............................ 2 0 0 0 2 0 2 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0.0 0.0 0.0 0.0 0.0 0.0 2 0 0 0 0 2 0 0 0 0 0.0 0.0 0.0 21 6 2 244 18 223 12 24 1 0 0 199 11 21 6 0 0 0 0 0 0 0 0 91.4 66.7 91.4 66.7 4 8 0.0 0.0 1 0 0 0 3 8 2 4 0 0 0 0 0 0 0 0 66.7 66.7 66.7 66.7 0.0 0.0 0.0 Other areas Pacific Islands—all offices5. . . Banks........................................ Unit banks............................ Banks operating branches . Branches7 ............................... 2 0 Puerto Rico-all offices............ Banks........................................ Unit banks............................ 244 18 223 12 6 12 4 8 4 6 12 226 211 15 226 211 23 0 188 15 0 0 0 0 93.4 93.4 33 7 27 1 6 6 33 7 27 1 27 1 0 0 0 0 6 6 0 0 0 0 0 0 0 0 81.8 14.3 6 0 6 0 81.8 14.3 0.0 0.0 6 1 0 1 0 1 0 0 0 0 6 0 0 0 0 0 0 0 0 0 0.0 100.0 26 26 0 0.0 100.0 0.0 0.0 26 26 26 0 0 0 0 0 0 0 100.0 100.0 0.0 Banks o Branches1 Virgin Islands—all offices. . . Banks..................................... Unit banks......................... Banks operating branches Branches9 ............................ 225 NUMBER OF BANKS AND BRANCHES Banks operating branches . Branches .................................. 226 D E C E M B E R 31, 1 9 7 6 - C O N T IN U E D B A N K S G R O U P E D B Y IN S U R A N C E S T A T U S A N D C L A S S O F B A N K , A N D B Y S T A T E OR A R E A A N D T Y P E OF O F F IC E 1 Nondeposit trust companies are excluded in computing these percentages. 2 1ncludes 14 noninsured branches of insured banks: 12 in the Pacific Islands and 2 in the Canal Zone. 3 lncludes noninsured nondeposit trust companies that are members of the Federal Reserve System. ^California: 1 branch operated by a State nonmember bank in Puerto Rico. Massachusetts: 1 branch operated by a noninsured bank in New York. New Y ork: 19 branches operated by 3 State nonmember banks in Puerto Rico. Oregon: 1 branch operated by a national bank in California. Pennsylvania: 2 branches operated by a noninsured bank in New Y ork and a national bank in New Jersey. Washington: 3 branches operated by a national bank in California. 5 United States possessions: American Samoa, Guam, and Midway Islands. Trust Territories: Caroline Islands, Mariana Islands, and Marshall Islands. 6 Pacific Islands: 28 branchesAmerican Samoa: 3 insured branches operated by a State nonmember bank in Hawaii and a national bank in New York. Guam: 13 insured branches operated by 2 State nonmember banks in Hawaii, 2 State nonmember banks and a national bank in California, and 2 national banks in New York. Caroline Islands: 4 noninsured branches operated by a national bank in California and a State non member bank in Hawaii. Mariana Islands: 4 noninsured branches operated by a national bank and a nonmember bank in California and a State nonmember bank in Hawaii. Marshall Islands: 3 noninsured branches operated by a national bank in California and a State non member bank in Hawaii. Midway Islands: 1 noninsured branch operated by a State nonmember bank in Hawaii. 7Canal Zone: 2 noninsured branches operated by 2 national banks in New York. 8 Puerto Rico: 23 insured branches operated by 2 national banks in New York. 9 Virgin Islands: 25 insured branches operated by 2 national banks in New York, a national bank in California, and a national bank in Pennsylvania. FEDERAL DEPOSIT INSURANCE CORPORATION Table 103. NUMBER OF BANKING OFFICES IN THE UNITED STATES (STATES AND OTHER AREAS), Table 104. NUMBER AND ASSETS OF A LL COMMERCIAL AND MUTUAL SAVINGS BANKS IN THE UNITED STATES (STATES AND OTHER AREAS), DECEMBER 31, 1976 BANKS GROUPED BY CLASS AND ASSET SIZE Insured commercial banks Asset size Members F.R. System Total National Number of banks Less than $5.0 m illio n ......................... $5.0 to $9.9 m i llio n ............................ $10.0 to $24.9 m illio n ......................... $25.0 to $49.9 m illio n ......................... $50.0 to $99.9 m illio n ......................... $100.0 to $299.9 m i llio n .................. $300.0 to $499.9 m i llio n .................. $500.0 to $999.9 m i llio n .................. $1.0 to $4.9 b illio n ............................... $5.0 billion or m o r e ............................ 1,687 2,888 5,032 2,732 1,451 868 194 157 144 18 1,515 2,857 4,984 2,642 1,311 724 145 108 107 18 223 563 1,558 1,095 655 396 89 73 74 11 Total b a n k s ............................... 15,171 14,411 4,737 Nonmembers F.R. System State Non insured banks and trust companies Mutual savings banks Non insured Insured 60 165 335 198 112 84 25 19 18 7 1,232 2,129 3,091 1,349 544 244 31 16 15 0 171 22 20 13 11 19 14 12 5 0 1 5 13 48 82 82 30 36 32 0 0 4 15 29 47 43 5 1 0 0 1,023 8,651 287 329 144 (In thousancIs of dollars) Amount of assets Less than $5.0 m illio n ......................... $5.0 to $9.9 m i llio n ............................ $10.0 to $24.9 m illio n ......................... $25.0 to $49.9 m illio n ......................... $50.0 to $99.9 m illio n ......................... $100.0 to $299.9 m i llio n .................. $300.0 to $499.9 m i l l i o n .................. $500.0 to $999.9 m i llio n .................. $1.0 to $4.9 b illio n ............................... $5.0 billion or m o r e ............................ 5,582,998 21,341,734 82,635,960 94,835,066 99,846,194 141,197,371 74,708,438 111,794,869 274,200,787 264,644,114 Total a ssets............................... 1,170,787,531 5,307,658 21,114,899 81,844,925 91,358,196 89,599,469 116,862,063 55,815,216 76,126,629 204,650,613 264,644,114 798,112 4,289,799 26,271,160 38,158,023 44,920,647 63,779,61 1 34,028,495 51,427,793 143,298,408 176,376,977 213,743 1,241,829 5,612,194 6,892,801 7,759,421 13,381,321 9,882,381 14,132,248 42,190,889 88,267,137 4,295,803 15,583,271 49,961,571 46,307,372 36,919,401 39,701,131 11,904,340 10,566,588 19,161,316 0 271,455 153,414 292,366 480,797 839,097 2,908,173 5,303,494 9,255,572 9,139,143 0 3,885 42,044 210,226 1,918,766 6,020,816 14,635,441 11,711,654 25,885,964 60,411,031 0 0 31,377 288,443 1,077,307 3,386,812 6,791,694 1,878,074 526,704 0 0 1,007,323,7821 583,349,025 189,573,964 234,400,793 28,643,511 120,839,827 13,980,411 NUMBER OF BANKS AND BRANCHES All banks 1Does not include assets of branches in "O ther areas" of U.S. banks. 227 Table 105. NUMBER, ASSETS, AND DEPOSITS OF ALL COMMERCIAL BANKS1 IN THE UNITED STATES (STATES AND OTHER AREAS), 228 D E C E M B E R 3 1 , 1976 B A N K S G R O U PE D B Y A S S E T S IZ E A N D S T A T E (Amounts in thousands of dollars) Banks with assets o f Less than $5.0 m illion $5.0 million to $9.9 million $10.0 million to $24.9 million 14,698 1,035,967,293 841,888,945 1,686 5,579,113 4,779,644 2,879 21,268,313 19,034,504 5,004 82,137,291 74,249,818 Alabama Banks..................................... Assets..................................... D e po sits............................... 303 11,872,788 10,169,563 16 55,133 45,540 66 513,617 458,432 Alaska Banks..................................... Assets..................................... D e po sits............................... 12 1,593,077 1,374,073 0 0 0 Arizona Banks..................................... Assets..................................... D e po sits............................... 24 7,544,612 6,733,710 Arkansas Banks..................................... Assets..................................... D e po sits............................... $25.0 million to $49.9 million $50.0 million to $99.9 million $100.0 m illion to $299.9 million $300.0 m illion to $499.9 m illion $500.0 million to $999.9 m illion $1.0 billion to $4.9 billion $5.0 billion or more 2,655 91,838,993 82,663,367 1,322 90,438,566 80,571,153 743 119,770,236 104,615,915 159 61,118,710 50,560,186 120 85,382,201 68,032,131 112 213,789,756 162,377,297 18 264,644,114 195,004,930 139 2,295,995 2,060,602 52 1,814,123 1,642,865 13 889,657 771,691 9 1,309,771 1,167,917 4 1,691,546 1,451,630 3 2,008,027 1,510,062 1 1,294,919 1,060,824 0 0 0 0 0 0 2 36,840 30,515 4 147,419 132,315 1 55,054 50,888 3 470,472 395,918 1 351,609 306,137 1 531,683 458,300 0 0 0 0 0 0 9 9,533 3,047 4 28,319 23,788 3 48,264 44,991 0 0 0 1 52,841 49,348 3 520,333 465,447 1 333,818 306,195 0 0 0 3 6,551,504 5,840,894 0 0 0 260 7,587,904 6,612,958 21 62,002 53,886 56 432,253 389,768 102 1,693,647 1,538,713 53 1,877,405 1,683,255 17 1,221,266 1,096,262 9 1,462,609 1,237,766 1 330,585 231,573 1 508,137 381,735 0 0 0 0 0 0 California Banks..................................... Assets..................................... De po sits............................... 224 108,726,003 88,899,045 23 55,370 27,958 19 140,643 111,225 64 1,067,814 954,858 44 1,511,929 1,384,904 28 1,941,639 1,706,630 27 4,549,987 4,044,721 8 3,112,038 2,769,796 2 1,606,277 1,386,898 4 10,052,858 8,503,238 5 84,687,448 68,008,817 Colorado Banks..................................... Assets..................................... Deposits............................... 361 9,936,731 8,520,261 108 254,506 196,937 67 497,782 441,212 109 1,712,983 1,544,495 38 1,305,454 1,173,201 26 1,751,233 1,556,367 9 1,162,123 1,030,478 1 452,638 390,040 2 1,523,150 1,247,151 1 1,276,862 940,380 0 0 0 Connecticut Banks..................................... Assets..................................... D eposits............................... 72 8,992,875 7,615,606 5 19,654 16,842 5 34,552 26,103 28 455,537 396,483 13 466,934 420,487 9 627,958 554,388 4 692,214 610,328 3 1,300,102 1,086,403 3 1,901,197 1,682,572 2 3,494,727 2,822,000 0 0 0 Delaware Banks..................................... Assets..................................... Deposits............................... 18 2,803,038 2,268,666 1 4,316 3,808 3 22,346 19,775 7 113,196 100,064 1 32,575 0 2 127,727 115,589 0 0 0 1 317,033 282,850 2 1,057,253 942,502 1 1,128,592 804,078 0 0 0 D istrict of Columbia Banks..................................... Assets..................................... Deposits............................... 16 4,551,476 3,885,286 0 0 0 2 19,435 15,747 1 20,551 19,408 5 188,063 166,476 3 234,114 206,731 0 0 0 1 339,833 308,504 2 1,122,636 965,799 2 2,626,844 2,202,621 0 0 0 Total United States and other areas2 Banks..................................... Total assets3 ........................ Total deposits3 .................. States FEDERAL DEPOSIT INSURANCE CORPORATION All banks 757 30,533,816 26,776,283 34 125,517 96,695 120 914,084 787,127 262 4,276,0-2 3,851,611 176 6,268,847 5,676,464 7,827,877 7,052,684 Georgia Banks..................................... Assets..................................... D e po sits............................... 442 15,965,119 12,891,885 62 201,068 175,250 101 747,994 669,151 179 2,916,943 2,611,919 63 2,061,604 1,838,194 1,620,183 1,410,195 Hawaii Banks..................................... Assets..................................... D e po sits............................... 11 3,265,115 2,893,434 1 330 0 1 9,166 0 2 35,704 22,976 0 0 0 Idaho Banks..................................... Assets..................................... D e po sits............................... 24 3,302,747 2,950,020 0 0 0 7 54,415 49,828 6 98,923 90,982 5 169,389 150,937 Illinois Banks..................................... Assets..................................... D e po sits............................... 1,255 81,810,312 63,101,895 124 441,299 367,301 243 1,832,848 1,626,820 400 6,396,952 5,787,865 Indiana Banks..................................... Assets..................................... D e po sits............................... 408 23,085,155 19,579,743 19 63,409 53,646 43 323,036 294,326 Iowa Banks..................................... Assets..................................... D e po sits............................... 659 14,628,063 13,054,966 59 222,822 200,441 Kansas Banks..................................... Assets..................................... D e po sits............................... 616 11,128,990 9,749,221 Kentucky Banks..................................... Assets..................................... D e po sits............................... 112 22 6 46 6,953,334 6,118,687 2,414,483 1,843,606 10 1,619,284 1,429,478 404,122 333,511 1 0 0 0 1 722,660 535,668 1 1,753,592 1,349,409 0 0 0 3 5,671,261 3,888,519 0 0 0 2 2 ,0 2 2 ,2 0 0 0 0 0 0 0 0 5 922,261 848,258 1 79,872 72,648 2 404,155 . 364,055 392,365 355,163 925,967 806,833 1 1,177,661 1,059,574 0 0 0 239 8,493,935 7,594,819 152 10,564,854 9,223,450 76 11,516,755 9,591,282 13 4,665,278 3,302,694 3 2,321,181 2,029,028 3 8,813,987 6,493,670 26,763,223 17,084,966 140 2,338,280 2,140,342 105 3,531,227 3,210,998 60 4,078,659 3,712,831 33 5,490,805 4,868,397 4 1,488,639 1,292,345 1 690,020 482,717 3 5,081,080 3,524,141 0 0 0 199 1,457,762 1,324,033 251 4,076,482 3,726,380 102 3,325,337 3,020,358 30 2,004,566 1,802,346 14 1,940,127 1,708,263 3 965,897 794,140 1 635,070 479,005 163 544,151 487,999 158 1,141,010 1,035,608 185 2,890,329 2,606,370 75 2,546,572 2,291,176 24 1,519,260 1,316,935 10 1,937,341 1,582,266 343 12,291,764 10,614,898 32 105,176 91,402 66 486,866 436,989 143 2,445,454 2,223,649 61 2,186,716 1,978,577 26 1,884,615 1,723,112 9 1,187,242 1,067,808 3 1,134,763 906,529 1 609,188 480,378 2,251,744 1,706,454 Louisiana Banks..................................... Assets..................................... D e po sits............................... 254 15,369,442 13,106,310 10 35,534 31,507 30 228,528 202,971 91 1,597,819 1,445,359 71 2,449,740 2,221,883 24 1,567,362 1,399,617 17 2,977,301 2,609,445 5 1,886,863 1,563,800 5 3,217,582 2,508,871 1,408,713 1,122,857 0 0 Maine Banks..................................... Assets..................................... D e po sits............................... 43 2,451,315 2,156,771 0 0 0 4 29,810 27,163 18 334,789 302,071 9 295,982 266,380 6 392,632 347,690 5 1,088,021 942,976 310,081 270,491 0 0 0 0 0 0 Maryland Banks..................................... Assets..................................... D e po sits............................... 113 11,204,340 9,472,695 4 17,780 14,579 22 173,251 154,998 33 570,825 516,015 27 965,076 874,231 16 1,170,305 1,059,611 4 564,727 515,812 2 2 878,164 753,638 1,775,849 1,555,540 3 5,088,363 4,028,271 0 0 Massachusetts Banks..................................... Assets..................................... D e po sits............................... 148 18,842,134 14,798,810 5 14,654 10,093 12 95,329 84,528 50 852,587 736,227 26 995,868 880,861 24 1,719,037 1,516,278 3,440,818 3,027,365 5 1,906,978 1,699,961 525,557 433,974 4 9,291,306 6,409,523 0 0 0 1 0 0 0 1 0 0 0 1 1 550,327 428,867 0 0 0 1 2,297,654 0 0 0 0 0 0 2 1 2 0 0 0 0 0 0 0 0 0 0 0 229 21 0 0 0 NUMBER OF BANKS AND BRANCHES Florida Banks..................................... Assets..................................... D e po sits............................... Table 105. NUMBER, ASSETS, AND DEPOSITS OF ALL COMMERCIAL BANKS1 IN THE UNITED STATES (STATES AND OTHER AREAS), 230 D E C E M B E R 31, 1 9 7 6 -C O N T IN U E D B A N K S G R O U P E D B Y A S S E T S IZ E A N D S T A T E (Amounts in thousands of dollars) Banks with assets o f A ll banks Less than $5.0 m illion $5.0 m illion to $9.9 m illion $10.0 million to $24.9 million $25.0 million to $49.9 million $50.0 m illion to $99.9 m illion $100.0 m illion to $299.9 m illion $300.0 m illion to $499.9 m illion $500.0 million to $999.9 million $1.0 billion to $4.9 billion $5.0 billion or more 360 36,925,844 31,762,715 12 36,931 25,090 41 312,394 275,808 114 1,874,082 1,702,765 92 3,209,938 2,918,985 47 3,297,959 2,995,518 37 5,896,645 5,365,046 7 2,790,159 2,521,121 4 3,190,466 2,808,918 5 9,942,478 8,411,284 1 6,374,792 4,738,180 Minnesota Banks..................................... Assets..................................... D eposits............................... 752 19,635,845 16,216,155 125 465,207 422,046 235 1,682,809 1,542,943 246 3,905,883 3,568,772 92 3,077,534 2,798,726 40 2,671,512 2,418,598 11 2,007,192 1,659,184 0 0 0 0 0 0 3 5,825,708 3,805,886 0 0 0 Mississippi Banks..................................... Assets..................................... D eposits............................... 184 7,264,680 6,404,449 14 47,015 37,071 37 287,153 258,367 70 1,176,458 1,071,086 36 1,210,606 1,093,829 17 1,117,978 1,003,178 7 1,297,382 1,171,824 1 303,207 265,905 2 1,824,881 1,503,189 0 0 0 0 0 0 Missouri Banks..................................... Assets..................................... D e posits............................... 711 23,168,612 19,014,388 113 378,231 332,681 164 1,177,081 1,062,632 249 4,085,368 3,698,244 111 3,778,243 3,362,236 45 2,993,001 2,687,909 23 3,469,026 2,970,440 0 0 0 4 3,092,862 2,205,553 2 4,194,800 2,694,693 0 0 0 Montana Banks..................................... Assets..................................... D e po sits............................... 158 3,570,331 3,203,247 19 65,134 56,394 41 293,159 266,645 61 974,544 891,527 20 667,439 601,635 12 826,361 739,517 5 743,694 647,529 0 0 0 0 0 0 0 0 0 0 0 0 Nebraska Banks..................................... Assets..................................... D eposits............................... 456 7,707,473 6,718,439 155 483,564 425,291 114 828,512 747,453 135 2,148,582 1,934,347 29 1,003,868 904,068 16 998,830 891,382 2 213,395 186,753 4 1,440,453 1,171,401 1 590,269 457,744 0 0 0 0 0 0 Nevada Banks..................................... Assets..................................... D eposits............................... 8 2,372,489 2,143,151 0 0 0 0 0 0 1 14,834 12,317 0 0 0 1 67,423 61,791 4 812,685 735,650 1 443,538 395,088 0 0 0 1 1,034,009 938,305 0 0 0 New Hampshire Banks..................................... Assets..................................... D eposits............................... 79 2,131,876 1,900,380 7 22,478 20,043 15 108,144 96,950 31 528,856 473,650 16 536,318 480,837 7 473,403 415,467 3 462,677 413,433 0 0 0 0 0 0 0 0 0 0 0 0 New Jersey Banks..................................... Assets..................................... D eposits............................... 195 26,807,588 23,463,784 1 4,402 2,932 8 65,675 54,712 39 679,863 601,249 57 1,999,502 1,786,707 36 2,597,043 2,334,242 29 5,217,332 4,679,165 8 3,119,635 2,751,988 13 8,393,027 7,274,421 4 4,731,109 3,978,368 0 0 0 New Mexico Banks..................................... Assets..................................... D e posits............................... 83 3,699,204 3,319,732 3 7,625 5,941 5 34,949 30,856 35 610,924 552,993 24 842,326 767,415 9 586,738 534,951 5 636,015 572,960 1 383,669 335,227 1 596,958 519,389 0 0 0 0 0 0 New York Banks..................................... Assets..................................... D eposits............................... 277 191,725,555 137,745,313 16 51,524 34,206 19 148,774 123,159 64 1,117,149 971,564 42 1,461,536 1,265,932 39 2,897,253 2,362,331 42 7,233,065 5,904,179 15 6,020,267 4,109,240 21 15,358,522 9,603,738 11 23,857,731 16,574,190 8 133,579,734 96,796,774 FEDERAL DEPOSIT INSURANCE CORPORATION Michigan Banks..................................... Assets..................................... D e po sits............................... 3 12,707 10,528 14 107,465 90,900 28 472,093 410,602 20 700,747 623,728 716,309 624,529 9 1,970,929 1,766,658 North Dakota Banks..................................... Assets..................................... D e po sits............................... 171 3,595,674 3,196,353 18 69,380 62,228 51 391,302 353,949 66 956,353 862,993 23 767,166 686,618 10 754,333 678,633 209,631 190,361 447,509 361,571 Ohio Banks..................................... Assets..................................... D e po sits............................... 490 40,082,286 33,306,393 18 71,655 64,457 68 502,758 452,850 161 2,696,026 2,422,945 115 4,047,900 3,596,493 62 4,164,753 3,670,766 44 6,712,786 5,939,769 8 6 3,070,807 2,698,346 4,707,675 3,892,670 Oklahoma Banks..................................... Assets..................................... D eposits............................... 476 13,328,788 11,561,600 87 296,887 261,634 125 861,173 771,660 152 2,445,244 2,222,446 69 2,366,990 2,134,272 32 2,117,820 1,904,121 1,023,819 920,112 388,148 300,513 Oregon Banks..................................... Assets..................................... D eposits............................... 48 8,457,140 6,867,662 4 13,382 11,278 5 36,645 33,708 15 231,038 206,154 12 412,750 358,792 5 324,297 297,994 4 687,316 586,830 446,623 391,154 Pennsylvania Banks..................................... Assets..................................... D e posits............................... 392 58,855,897 46,894,398 9 30,595 25,377 42 317,951 276,026 113 1,913,563 1,727,430 97 3,437,304 3,109,164 59 4,000,720 3,604,419 42 6,987,797 6,296,180 4,334,952 3,866,791 Rhode Island Banks..................................... Assets..................................... D e posits............................... 17 4,338,660 3,535,380 2 1,700 1,279 3 22,504 17,793 5 79,246 70,547 1 40,943 36,639 South Carolina Banks..................................... Assets..................................... D eposits............................... 90 5,107,695 4,427,318 11 38,090 33,246 19 152,535 131,937 34 548,204 486,286 13 478,749 421,066 6 2 341,894 307,442 376,604 341,471 1 325,254 294,424 South Dakota Banks..................................... Assets..................................... D eposits............................... 157 3,559,403 3,229,056 24 85,870 77,383 65 479,554 436,660 44 698,067 637,292 9 305,720 278,607 9 532,510 483,391 4 719,086 643,244 738,596 672,479 Tennessee Banks..................................... Assets..................................... D eposits............................... 348 16,422,846 14,250,174 33 112,890 98,009 70 532,822 479,720 120 2,025,949 1,841,167 67 2,293,801 2,068,334 40 2,631,514 2,385,742 9 1,437,955 1,252,463 Texas Banks..................................... Assets..................................... D e posits............................... 1,363 63,400,779 53,014,873 174 581,214 504,961 253 1,860,682 1,657,961 483 8,009,779 7,265,387 250 8,585,873 7,763,381 116 7,674,017 6,909,639 Utah Banks..................................... Assets..................................... D eposits............................... 67 4,293,953 3,801,934 15 47,726 38,882 12 81,749 73,776 25 394,878 358,999 6 222,137 202,240 2 Vermont Banks..................................... Assets..................................... D eposits............................... 30 1,637,919 1,486,037 3 4,640 3,906 2 17,295 15,327 12 240,979 219,744 4 121,062 110,982 2 6 3 1.207.011 1.075.012 0 0 0 5 10,763,764 8,546,967 0 0 0 1 0 0 0 0 0 0 0 0 0 8 14,107,926 10,568,097 0 0 0 2 2,171,360 1,599,436 0 0 0 2 0 0 0 1 1 11 2 1,657,347 1,447,406 0 0 0 6,305,089 4,981,752 10 2 13,238,917 8,376,193 1 991,168 806,913 2 2,842,964 2,283,500 0 0 0 4 2,846,365 2,411,446 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 2,067,240 1,730,170 4 4,456,237 3,642,117 0 864,438 752,452 57 8,816,846 7,893,254 16 5,844,072 4,918,478 7 4,819,832 3,952,135 7 17,208,464 12,149,677 0 0 0 161,794 143,079 3 579,501 494,772 316,654 277,536 5 353,454 317,773 4 900,489 818,305 0 0 0 3 360,135 318,709 0 0 0 2 2 1 0 0 0 1 0 0 0 1,125,970 973,582 0 0 0 0 0 0 0 0 231 0 0 0 2 1,363,544 1,239,068 BRANCHES 19,945,793 15,440,553 AND 7 4,648,305 4,172,265 BANKS 10 OF 92 15,951,025 13,148,924 N U M BER North Carolina Banks..................................... Assets..................................... D e po sits............................... 232 Table 105. NUMBER, ASSETS, AND DEPOSITS OF ALL COMMERCIAL BANKS1 IN THE UNITED STATES (STATES AND OTHER AREAS), D E C E M B E R 3 1 , 1 9 7 6 —C O N T I N U E D B A N K S G R O U PE D B Y A S S E T S IZ E A N D S T A T E (Amounts in thousands of dollars) Banks w ith assets o f All banks Less than $5.0 m illion $5.0 million to $9.9 million $10.0 million to $24.9 million $25.0 million to $49.9 million $50.0 million to $99.9 million $100.0 million to $299.9 million $300.0 m illion to $499.9 million $500.0 million to $999.9 million $1.0 billion to $4.9 billion $5.0 billion or more 284 16,994,757 14,854,842 23 81,236 64,462 53 392,326 348,125 80 1,346,148 1,218,140 75 2,649,656 2,399,844 18 1,124,861 1,014,315 25 3,879,063 3,510,854 5 2,051,576 1,774,965 3 2,298,769 1,851,799 2 3,171,122 2,672,338 0 0 0 Washington Banks..................................... Assets..................................... D eposits............................... 91 13,651,330 10,841,778 14 48,723 36,350 16 118,477 104,141 29 449,402 408,104 14 499,279 416,976 5 379,410 343,042 5 783,932 572,963 3 1,130,589 797,016 2 1,741,782 1,474,669 3 8,499,736 6,688,517 0 0 0 West Virginia Banks..................................... Assets..................................... D e po sits............................... 222 7,252,81 1 6,195,486 11 37,660 31,886 34 253,667 224,845 93 1,575,765 1,414,626 48 1,616,395 1,463,333 23 1,591,945 1,412,398 12 1,802,149 1,405,239 1 375,230 243,159 0 0 0 0 0 0 0 0 0 Wisconsin Banks..................................... Assets..................................... D e posits............................... 630 19,026,593 16,485,504 61 207,580 180,487 129 939,378 854,925 249 4,083,043 3,719,855 127 4,284,521 3,870,623 41 2,858,484 2,548,943 19 2,773,268 2,409,939 1 399,488 337,314 2 1,406,733 1,059,101 1 2,074,098 1,504,317 0 0 0 Wyoming Banks..................................... Assets..................................... D e posits............................... 78 2,099,297 1,877,756 9 31,529 26,829 10 72,926 66,658 33 553,014 504,215 16 556,521 506,279 8 516,497 447,764 2 368,810 326,011 0 0 0 0 0 0 0 0 0 0 0 0 Guam Banks..................................... Assets..................................... D eposits............................... 1 50,182 45,173 0 0 0 0 0 0 0 0 0 0 0 0 1 50,182 45,173 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Puerto Rico Banks..................................... Assets..................................... D eposits............................... 18 5,170,342 3,560,591 2 7,888 4,482 0 0 0 2 25,961 22,477 1 29,974 27,245 3 219,700 176,391 6 1,062,393 879,294 0 0 0 2 1,554,695 1,305,637 2 2,269,731 1,145,065 0 0 0 Virgin Islands Banks..................................... Assets..................................... D e posits............................... 7 193,603 189,861 4 3,396 3,354 1 5,408 4,426 0 0 0 0 0 0 1 65,860 65,424 1 118,939 116,657 0 0 0 0 0 0 0 0 0 0 0 0 Other areas 11ncludes nondeposit trust companies: 8 in Arizona, 3 in Arkansas, 15 in California, 1 in Delaware, 3 in Florida, 3 in Hawaii, 7 in Illinois, 1 in Indiana, 1 in Iowa, 1 in Massachusetts, 1 in Mississippi, 4 in Missouri, 3 in Montana, 6 in Nebraska, 1 in New Hampshire, 1 in New Mexico, 5 in New Y ork, 1 in Oklahoma, 2 in Pennsylvania, 1 in Rhode Island, 1 in South Dakota, 1 in Tennessee, 1 in Utah, 1 in Vermont, 1 in Virginia, 1 in Washington, and 5 in Wisconsin. 2 Excludes data fo r branches in U.S. territories o f banks headquartered in the United States, and excludes data for 19 insured branches in New York of 3 insured nonmember banks in Puerto Rico and 1 insured branch in California of an insured nonmember bank in Puerto Rico. 3 Does not include assets and deposits of branches in "O ther areas" of U.S. banks. FEDERAL DEPOSIT INSURANCE CORPORATION Virginia Banks..................................... Assets..................................... D e posits............................... ASSETS AND LIA B ILITIE S OF BANKS Table 106. Table 107. Table 108. Table 110. Table 111. Com m ercial banks m ajority-ow ned premises subsidiaries are fu lly consolidated; other m ajorityowned domestic subsidiaries (but not commercial bank subsidiaries) are consolidated if they meet any of the fo llo w in g criteria: (a) any subsidiary in which the parent bank's investment represents 5 percent or more of its equity capital accounts; (b) any subsidiary whose gross operating revenues amount to 5 percent o f the parent bank's gross operating revenues; or (c) (beginning in December 1972) any subsidiary whose “ Income (loss) before income taxes and securities gains or losses” amounts to 5 percent or more o f the "In co m e (Loss) before income taxes and securities gains or losses" o f the parent bank. Beginning in 1972, investments in subsidiaries not consolidated in which the bank d ire ctly or in d irectly exercises effective control are re ported on an equity (rather than cost) basis w ith the investment and un divided p ro fits adjusted to include the parent's share o f the subsidiaries' net w orth. 233 Insured banks having resources o f $25 m illio n or more are required to report th e ir assets and lia b ilitie s on the basis o f accrual accounting. A t the o p tio n o f the bank, tru s t departm ent accounts may be reported on a cash basis. Where the results w o u ld n o t be significantly d iffe re n t, certain other p articular accounts may be reported on a cash basis. Banks not subject to fu ll accrual accounting are required to report the instalment loan fu n ctio n on an accrual basis, or else to su b m it a statement o f unearned income on instalm ent loans carried in surplus accounts. A ll banks are required to 're p o rt income taxes on an accrual basis. Each insured bank having foreign offices is required to subm it a consoli dated report including these offices; however, the tables in.this report con Digitized foroFRASER tain n ly the dom estic assets and lia b ilitie s o f banks. Beginning in 1969, all OF BANKS Table 113. LIABILITIES Table 112. ASSETS AND Table 109. Assets and liabilities of all commercial banks in the United States (States and other areas), June 30, 1976 Banks grouped by insurance status and class o f bank Assets and liabilities of all commercial banks in the United States (States and other areas), December 31, 1976 Banks grouped by insurance status and class o f bank Assets and liabilities of all mutual savings banks in the United States (States and other areas), June 30, 1976, and December 31, 1976 Banks grouped by insurance status Assets and liabilities of insured commercial banks in the United States (States and other areas), December call dates, 1971-1976 Assets and liabilities of insured mutual savings banks in the United States (States and other areas), December call dates, 1971-1976 Percentages of assets, liabilities, and equity capital of insured commercial banks operating throughout 1976 in the United States (States and other areas), December 31, 1976 Banks grouped by amount o f assets Percentages of assets and liabilities of insured mutual savings banks operating throughout 1975 in the United States (States and other areas), December 31, 1976 Banks grouped by amount o f assets D istribution of insured commercial banks in the United States (States and other areas), December 31, 1976 Banks grouped according to amount o f assets and by ratios o f selected items to assets or deposits Mutual savings banks Sources of data Insured banks: see p. 256; noninsured banks: State banking authorities and reports fro m individual banks. CORPORATION Since June 30, 1974, a consolidated statement of domestic and foreign assets and liabilities of U.S. banks has been published semiannually by the C orporation in Assets an d Liabilities—Com mercial and M u tual Savings Banks. On June 30, 1976, the consolidated assets o f insured commercial banks totaled $1,101.3 b illio n , compared to domestic assets of $949.5 b il lion (see table 107). The 141 insured comm ercial banks th a t reported foreign operations held consolidated assets o f $599.8 b illio n . INSURANCE Foreign assets of banks DEPOSIT The Reports o f C ondition and Income fo r m utual savings banks were revised in major respects in 1971. Am ong the changes was a requirem ent fo r consolidating the accounts o f branches and subsidiaries w ith the parent bank, on a comparable basis w ith comm ercial bank reports (see above). A 1972 revision broadened the criteria fo r consolidated reporting; it also pro vided fo r the reporting o f investments in unconsolidated subsidiaries on an eq u ity basis, comparable w ith commercial bank reporting. One objective of the revisions in 1971 was to provide a sim plified report ing form . To this end, the schedules fo r deposits and securities were con densed and sim plified. Several changes were made in the reporting of specific items. Loans are reported in somewhat more detail than form erly. In real estate loans, con structio n loans are shown separately, and loans secured by residential prop erties are detailed as to those secured by 1- to 4 -fa m ily properties and by m u ltifa m ily (5 or more) properties. A n o th e r im p orta n t change shifted various reserve accounts which had been carried as deductions against assets (about $200 m illio n in 1971) into the surplus accounts. Beginning June 30, 1972, m utual savings banks w ith total resources of $25 m illio n or more are required to prepare Reports o f C ondition on the basis o f accrual accounting. A ll banks, regardless of size, are required to report income taxes on an accrual basis. FEDERAL o f the Report o f C ondition. Accordingly, "capital accounts" became the "e q u ity ca p ita l" section. Asset and lia b ility data fo r noninsured banks are tabulated from reports pertaining to the individual banks. In a few cases, these reports are not as detailed as those subm itted by insured banks. A d d itio n a l data on assets and lia b ilitie s o f all banks as o f June 30, 1976 and December 31, 1976, are shown in the C orporation's semiannual publica tion Assets and Liabilities—Com m ercial and M u tual Savings Banks. 234 In the case o f insured banks w ith branches outside the 50 States, net amounts due fro m such branches are included in "O th e r assets” and net amounts due to such branches are included in "O th e r lia b ilitie s." Branches o f insured banks outside the 50 States are treated as separate entities b u t are not included in the c o u n t o f banks. Data fo r such branches are n o t included in the figures fo r the States in w h ich the parent banks are located. From 1969 through 1975, all reserves on loans and securities, including the reserves fo r bad debts set up pursuant to Internal Revenue Service ru l ings, were included in "Reserves on loans and securities" on the lia b ility side o f the balance sheet. Beginning in 1976, the IRS reserve is divided as fo l lows: (a) the "v a lu a tio n " p o rtio n o f the reserve (plus any other loan loss reserve) is shown on the asset side o f the face o f the report as an offset to gross loans; (b) the "deferred income ta x " p o rtio n is included in "o th e r lia b ilitie s ” ; and (c) the "c o n tin g e n c y " p o rtio n is included in "undivided p ro fits ,” o r "reserves fo r contingencies and other capital reserves" (prefer ably the fo rm e r). The valuation reserve on securities, fo rm e rly shown on the lia b ilitie s side, is included in "reserve fo r contingencies and other capital reserves" beginning in 1976. "Unearned incom e on loans,” previously reported in "o th e r lia b ilitie s," is reported separately as an exclusion fro m to ta l loans and total assets begin ning December 31, 1976. Individual loan items are reported gross. Instalm ent loans, however, are o rd in a rily reported net if the instalm ent payments are applied d irectly to the reduction o f the loan. Such loans are reported gross if, under contract, the payments do not im m ediately reduce the unpaid balances o f the loan but are assigned or pledged to assure repaym ent at m a tu rity . The category "T ra d in g account securities" was added to the co n d itio n report o f com m ercial banks in 1969 to obtain this segregation fo r banks that regularly deal in securities w ith o ther banks or w ith the public. Banks occa sionally holding securities purchased fo r possible resale report these under "Inve stm e n t securities." Assets and lia b ilitie s held in o r adm inistered by a savings, bond, insur ance, real estate, foreign, o r any o th er departm ent of a bank, except a trust departm ent, are consolidated w ith the respective assets and liabilities o f the comm ercial departm ent. "D eposits o f individuals, partnerships, and corpora tio n s " include tru s t funds deposited by a tru st departm ent in a commercial or savings departm ent. O ther assets held in tru st are not included in state ments o f assets and liabilities. Demand balances w ith , and demand deposits due to , banks in the United States, except private banks and Am erican branches of foreign banks, ex clude reciprocal interbank deposits. (Reciprocal interbank deposits arise when tw o banks m aintain deposit accounts w ith each other.) In 1976, the caption "C a p ital notes and debentures" was changed to "subordinated notes and debentures," to be shown in the liabilities section Table 106. ASSETS AND LIABILITIES OF A LL COMMERCIAL BANKS IN THE UNITED STATES (STATES AND OTHER AREAS), JU N E 3 0 , 1976 B A N K S G R O U PE D BY IN S U R A N C E S T A T U S A N D C L A S S OF B A N K (Amounts in thousands of dollars) Noninsured banks Insured banks Asset, lia b ility, or equity capital item Members of Federal Reserve System Total Total Total Not members of F.R. System National Total Banks of State deposit1 Nondeposit trust companies2 949,527,514 732,120,775 552,476,068 179,644,707 217,406,739 23,266,004 22,843,515 422,489 129,299,134 45,765,409 31,114,886 6,973,433 6,573,247 5,169,938 4,158,107 12,061,882 28,213,586 124,808,261 45,659,879 28,927,646 6,173,248 5,837,576 3,793,024 3,317,090 12,040,878 28,213,586 106,117,626 44,023,996 17,868,497 3,823,843 3,700,186 3,186,258 2,739,669 9,001,446 28,213,586 75,695,179 28,841,893 12,175,900 3,416,052 3,321,802 1,927,638 1,685,201 6,930,799 22,402,897 30,422,447 15,182,103 5,692,597 407,791 378,384 1,258,620 1,054,468 2,070,647 5,810,689 18,690,635 1,635,883 11,059,149 2,349,405 2,137,390 606,766 577,421 3,039,432 0 4,490,873 105,530 2,187,240 800,185 735,671 1,376,914 841,017 21,004 0 4,456,254 105,495 2,155,053 797,923 733,986 1,376,892 841,017 20,891 0 34,619 35 32,187 2,262 1,685 22 0 113 0 S ecu ritie s-to tal......................................................................................... Investment s e c u ritie s -to ta l................................................................. U.S. Treasury s e c u ritie s .................................................................... M a tu rity -1 year and less............................................................... Maturity-Over 1 through 5 years................................................. Maturity-Over 5 through 10 years.............................................. Maturity-Over 10 years ................................................................. Obligations of other U.S. Government agencies and corps. . . . Maturity- 1 year and less.............................................................. Maturity-Over 1 through 5 years................................................. Maturity-Over 5 through 10 years.............................................. Maturity-Over 10 years ................................................................. Obligations of States and political subdivisions............................ Maturity- 1 year and less.............................................................. Maturity-Over 1 through 5 years................................................. Maturity-Over 5 through 10 years.............................................. Maturity-Over 10 years ................................................................. Other bonds, notes, and d eb e n tu re s .............................................. Maturity- 1 year and less.............................................................. Maturity-Over 1 through 5 years................................................. Maturity-Over 5 through 10 years.............................................. Maturity-Over 10 years ................................................................ Corporate s to c k ...................................................................................... 238,747,838 231,413,565 88,231,425 235,286,450 228,045,581 87,699,469 166,384,175 159,486,168 62,507,021 128,357,992 123,609,479 47,410,419 38,026,183 35,876,689 15,096,602 68,902,275 68,559,413 25,192,448 3,461,388 3,367,984 531,956 3,311,156 3,250,035 504,965 150,232 117,949 26,991 34,069,413 46,840,988 6,417,003 904,021 33,782,244 46,642,651 6,386,796 887,778 24,839,719 33,073,372 3,925,547 668,383 19,007,898 24,754,636 3,080,784 567,101 5,831,821 8,318,736 844,763 101282 8,942,525 13,569,279 2,461,249 219,395 287,169 198,337 30J07 16,243 266,897 193,290 28,799 15,979 20,272 5,047 1,408 264 33,671,530 33,136,256 20,049,125 16,506,342 3,542,783 13,087,131 535,274 530,614 4,660 10,327,754 16J978,018 3,641,408 2,724,350 9,970,045 16,888,410 3,603,795 2,674,006 5,786,658 10,188,090 2,193,102 1,881,275 4,799,659 8,314,610 1,803,379 1,588,694 986,999 1,873,480 389,723 292,581 4,183,387 6,700,320 1,410,693 792,731 357,709 89,608 37,613 50,344 355,704 87,430 37285 50,195 2,005 2,178 328 149 102,850,323 101,889,864 73,463,570 56,912,632 16,550,938 28,426,294 960,459 906,098 54,361 17,608^34 29,231,295 29,573,354 26,437,440 17,361,759 28,643,672 29,512,123 26,372,310 13,464,409 19,524,007 20,290,157 20,184,997 10,153,766 15,428,008 15,981,543 15,349,315 3,310,643 4,095,999 4,308,614 4,835,682 3,897,350 9,119,665 9^21,966 6,187,313 246,475 587,623 61,231 65,130 207,058 583,645 56254 59,141 39,417 3,978 4,977 5,989 6,660,287 5,319,992 3,466,452 2,780,086 686,366 1,853,540 1,340,295 1,308,358 31,937 2,293,110 1,940,670 1,060,739 1,365,768 1,060,635 1,890,593 1,046,814 1,321,950 564,120 1,279,013 687,625 935,694 475,369 1,075,365 517,773 711,579 88,751 203,648 169,852 224,115 496,515 611,580 359,189 386,256 1,232,475 50,077 13,925 43,818 1203,884 49,121 13,135 42,218 28,591 956 790 1,600 1,539,449 1,495,536 1,244,329 923,577 320,752 251,207 43,913 11,630 32,283 Trading account securities.................................................................... 5,794,824 5,745,333 5,653,678 3,824,936 1,828,742 91,655 49,491 49,491 0 Federal funds sold and securities purchased under agreements to r e s e ll- to ta l......................................................................................... With domestic commercial banks....................................................... With brokers and dealers in securities and f u n d s ............................ With o th e r s ............................................................................................ 36,218,662 31,051,345 2,660,470 2,506,847 34,281,373 29,487,855 2,460,671 2,332,847 26,820,516 22,171,546 2,375,755 2,273,215 21,701,787 18,030,587 2,082,119 1,589,081 5,118,729 4,140,959 293,636 684,134 7,460,857 7,316,309 84,916 59,632 1,937,289 1,563,490 199,799 174,000 1,891,904 1,518,605 199,799 173,500 45,385 44,885 0 500 235 972,793,518 Cash and due from b a n k s -to ta l.............................................................. Cash items in process o f c o lle c tio n .................................................... Demand balances w ith banks in the United S ta te s ......................... Other balances w ith banks in the United States............................... Including interest bearing balances................................................. Balances w ith banks in foreign countries........................................... Including interest bearing balances................................................. Currency and c o i n ................................................................................ Reserve w ith Federal Reserve Bank.................................................... ASSETS AND LIABILITIES OF BANKS Total a sse ts.................................................................................................. 236 Table 106. ASSETS AND LIABILITIES OF ALL COMMERCIAL BANKS IN THE UNITED STATES (STATES AND OTHER AREAS), JUNE 30, 1976—CONTINUED BANKS GROUPED BY INSURANCE STATUS AND CLASS OF BANK (Amounts in thousands of dollars) Insured banks Asset, lia b ility, or equity capital item Noninsured banks Members of Federal Reserve System Total National State Not members of F.R. System Total Total Banks of deposit1 Nondeposit trust companies2 n e t ................................................................................................... Reserve fo r possible loan losses................................................. t o t a l ............................................................................................... Unearned income on loans . • . .................................................. 503,171,628 6,221,670 509,393,298 12,078,777 491,142,844 6,149,901 497,292,745 12,018,031 377,027,408 4,918,094 381,945,502 8,304,185 286,109,442 3,563,964 289,673,406 6,805,205 90,917,966 1,354,130 92,272,096 1,498,980 114,115,436 1,231,807 115,347,243 3,713,846 12,028,784 71,769 12,100,553 60,746 11,952,278 71,049 12,023,327 60,121 76,506 720 77,226 625 Loans, gross................................................................................................ Real estate lo a n s -to ta l.......................................................................... Construction and land development .............................................. Secured by farmland .......................................................................... 521,472,075 143,698,778 509,310,776 143,369,924 390,249,687 101,587,579 296,478,611 80,315,012 93,771,076 21,272,567 119,061,089 41,782,345 12,161,299 328,854 12,083,448 315,208 77,851 13,646 17^30,354 6,363,365 17,214,773 6,351,163 14,076,462 2,717,325 10,528,128 2,209,615 3,548,334 507,710 3,138,311 3,633,838 15,581 12,202 15,581 11,787 0 415 8,570,867 68,113,559 8,535,611 67,941,884 7,206,740 47,696,523 6,033,227 38,429,376 1,173,513 9,267,147 1,328,871 20,245,361 35,256 171,675 35,109 159,109 147 12,566 429,667 3,997,296 38,993,670 429,076 3,991,369 38,906,048 321,113 2,883,811 26,685,605 184,412 2,114,875 20,815,379 136,701 768,936 5,870,226 107,963 1,107,558 12,220,443 591 5,927 87,622 591 5,927 87,104 0 0 518 41,834,761 36,783,173 34,742,470 22,966,290 11,776,180 2,040,703 5,051,588 5,048,689 2,899 10,616,704 5,268,489 8,631,795 1,664,985 15,652,788 10,570,435 3,207,793 6,076,080 1,599,392 15,329,473 10,172,087 2,530272 5,907,436 1,449,455 14,683,220 6,894,785 1,914,997 3,373,198 1,209,987 9,573,323 3277,302 615275 2,534,238 239,468 5,109,897 398,348 677,521 168,644 149,937 646,253 46,269 2,060,696 2,555,715 65,593 323,315 46,269 2,060,696 2,555,715 65,593 320,416 0 0 0 0 2,899 11,776,021 11,539,769 10,763,677 6,022,136 4,741,541 776,092 236,252 236,252 0 7,743,327 4,032,694 7,521,606 4,018,163 7,390,097 3,373,580 3,344,357 2,677,779 4,045,740 695,801 131,509 644,583 221,721 14,531 221,721 14,531 0 0 22,181,908 176,583,562 111,274,886 22,156,350 171,035,263 110,833,004 12,379,981 141,017,919 77,877,404 10,825,193 105,366,398 62,610,185 1,554.788 35,651,521 15,267,219 9,776,369 30,017,344 32,955,600 25,558 5,548,299 441,882 25,554 5,508,699 420,259 4 39,600 21,623 37,171,422 36,882,538 24,232,711 20,006,885 4225,826 12,649,827 288,884 267,422 21,462 9,570,888 2,697^70 9,569,734 2,694,294 8,572,206 2,206,143 6,870,574 1,436,651 1,701,632 769,492 997,528 488,151 1,154 2,976 1,154 2,976 0 0 8,722,932 6,879,284 6,148,883 8,720,532 6,858,824 6,146,582 6237,584 4,493,793 4,336,040 5,354,544 3,760,387 3,504,307 883,040 733,406 831,733 2,482,948 2,365,031 1,810,542 2,400 20,460 2,301 2,392 20,456 2,301 8 4 0 Secured by 1 - to 4-fa m ily residential properties: Insured by FHA and guaranteed by V A ..................................... Conventional................................................................................... Secured by multi-family (5 or more) residential properties: Insured by FHA ................................................................................ Conventional................................................................................... Secured by non farm nonresident!al properties ............................ Loans to financial in s titu tio n s -to ta l................................................. To real estate investment trusts and mortgage companies . . . . To domestic commercial banks ....................................................... To banks in foreign countries ........................................................... To other depository in stitu tio n s .................................................... To other financial institutions........................................................... Loans fo r purchasing or carrying securities-to tal............................ To brokers and dealers in securities................................................. Other loans for purchasing or carrying securities ......................... Loans to fa rm e rs ................................................................................... Commercial and industrial lo a n s ........................................................ Loans to in d iv id u a ls -to ta l.................................................................... To purchase private passenger automobiles on instalment basis. Credit cards and related plans: Retail (charge account) credit card plans. .................................. Check credit and revolving credit plans. ..................................... To purchase other retail consumer goods on instalment basis: Mobile homes (excludes travel trailers) ........................................ Other retail consumer goods........................................................... Instalment loans to repair and modernize residential property . Other instalment loans for household, family, and other personal expenditures .................................................................... Single-payment loans for household, family, and other personal expenditures .................................................................... 17,095,879 17,034,293 11,425,682 9,047,803 2,377,879 5,608,611 61,586 61,567 19 22,988,328 22,926,207 16,373245 12,629,034 3,744,211 6,552,962 62,121 61,991 130 A ll other loans......................................................................................... 14,122,159 13,593,293 11,880,657 8,373,397 3,507,260 1,712,636 528,866 528,787 79 Total loans and s e c u ritie s .............................................................. 778,138,128 760,710,667 570,232,099 436,169,221 134,062,878 190,478,568 17,427,461 17,155,338 272,123 FEDERAL DEPOSIT INSURANCE CORPORATION Loans, Plus: Loans, Plus: Total Direct lease financing............................................................................ Bank premises, furniture and fixtures, and other assets representing bank p re m is e s ............................................................. Real estate owned other than bank p re m ise s ................................. Investments in unconsolidated subsidiaries and associated com panies............................................................................................ Customers' lia b ility on acceptances o u ts ta n d in g ........................... Other assets............................................................................................ 4,683,072 4,462,972 3,488,528 974,444 220,100 563 563 0 16,124,250 2,486,255 11,932,939 2,006,442 9,609,742 1,358,866 2,323,197 647,576 4,191,311 479,813 94,369 18,650 65,847 5,162 28,522 13,488 2,113,184 10,704,879 29,131,034 2,104,856 10,327,922 28,282,231 2,062,735 9,997,337 25,308,625 1,609,514 6,222,837 18,322,181 453,221 3,774,500 6,986,444 42,121 330,585 2,973,606 8,328 376,957 848,803 6,303 376,957 777,091 2,025 0 71,712 Total liabilities and equity capital............................................................. 972,793,518 949,527,514 732,120,775 552,476,068 179,644,707 217,406,739 23,266,004 22,843,515 422,489 Business and personal d e p o sits-to ta l.................................................... Individuals, partnerships, and corporations-dem and ..................... Invididuals, partnerships, and co rp ora tio ns-savin g s..................... Individuals and nonprofit organizations-savings........................ Corporations and other profit organizations-savings.................. Individuals, partnerships, and co rp o ra tio n s-tim e ........................... Deposits accumulated fo r payment of personal loans-tim e . . . . Certified and officers' checks, travelers' checks, letters of c re d it-d e m a n d ................................................................................... 663,098,603 237,702,850 182,576,171 654,921,316 236,511,588 182,104,366 484,027,630 179,450,785 129,995,388 375,115,169 136,671,383 102,845,835 108,912,461 42,779,402 27,149,553 170,893,686 57,060,803 52,108,978 8,177,287 1,191,262 471,805 8,157,887 1,186,995 471,805 19,400 4,267 0 176,497217 6,078,954 176,036,679 6,067,687 125,466,009 4,529,379 99,339,337 3,506,498 26,126,672 1,022,881 50,570,670 1,538,308 460,538 11267 460,538 11267 0 0 230,001,371 175,492 224,414,068 171,089 164,938,007 136,363 129,750,856 103,895 35,187,151 32,468 59,476,061 34,726 5,587,303 4,403 5,572,509 4,403 14,794 0 12,642,719 11,720,205 9,507,087 5,743,200 3,763,887 2,213,118 922,514 922,175 339 Government d e p o s its -to ta l................................................................... United States G overnm ent-dem and................................................. United States Government-savings.................................................... United States G o v e rn m e n t-tim e ....................................................... States and political subdivisions-dem and....................................... States and political subdivisions-savings........................................... States and political su b d iv is io n s -tim e .............................................. 69,801,622 4,658,681 46,431 688,486 17,621,707 2,615,554 44,170,763 69,338,931 4,641,470 46,395 682,045 17,479,371 2,612,195 43,877,455 49,314,798 3,733,071 40,050 550,201 12,339,476 1,769,759 30,882,241 39,530,299 2,863,644 28,464 421,691 9,771,061 1,351,193 25,094,246 9,784,499 869,427 11,586 128,510 2,568,415 418,566 5,787,995 20,024,133 908,399 6,345 131,844 5,139,895 842,436 12,995,214 462,691 17,211 36 6,441 142,336 3,359 293,308 462,625 17,150 36 6,441 142,331 3,359 293,308 66 61 0 0 5 0 0 Domestic interbank d e p o s its -to ta l....................................................... Commercial banks in the United S tates-dem and........................... Commercial banks in the United S ta te s-sa vin g s........................... Commercial banks in the United S ta te s -tim e ................................. Mutual savings banks in the United S ta te s-d e m a n d ..................... Mutual savings banks in the United States-savings........................ Mutual savings banks in the United S ta te s - tim e ........................... 41,012,080 30,928,032 5,285 8,293,668 1,299,965 2,684 482,446 39,942,761 30,629,621 5,285 7,731,889 1,113,753 2,684 459,529 37,914,996 29,486,773 2,933 6,964,357 1,013,679 2,583 444,671 22,727,275 17,251,742 2,143 4,787,281 490,615 2,583 192,911 15,187,721 12,235,031 790 2,177,076 523,064 0 251,760 2,027,765 1,142,848 2,352 767,532 100,074 101 14,858 1,069,319 298,411 0 561,779 186,212 0 22,917 1,066,735 295,827 0 561,779 186,212 0 22,917 2,584 2,584 0 0 0 0 0 Foreign government and bank d e p o s its -to ta l..................................... Foreign governments, central banks-dem and................................. Foreign governments, central b a n ks-sa vin g s ................................. Foreign governments, central b a n k s -tim e ........................................ Banks in foreign c o u n trie s -d e m a n d ................................................. Banks in foreign countries-savings.................................................... Banks in foreign c o u n trie s -tim e ....................................................... 21,075,092 1,757,367 39,461 10,367,194 6,348,158 5 2,562,907 18,221,546 1,296,107 38,709 9,218,217 5,821,067 5 1,847,441 17,738,632 1,249,918 38,292 8,965,983 5,696,530 5 1,787,904 9,561,945 703,488 18,736 5,076,788 2,620,338 5 1,142,590 8,176,687 546,430 19,556 3,889,195 3,076,192 0 645,314 482,914 46,189 417 252,234 124,537 0 59,537 2,853,546 461,260 752 1,148,977 527,091 0 715,466 2,851,008 458,722 752 1,148,977 527,091 0 715,466 2,538 2,538 0 0 0 0 0 Total deposits................................................................................... Demand ......................................................................................... Savings............................................................................................ Tim e ............................................................................................... 794,987,397 782,424,554 588,996,056 446,934,688 142,061,368 193,428,498 12,562,843 12,538,255 24,588 312,959,479 185^85,591 296,742,327 309213,182 184J809,639 288,401,733 242,477,319 131,849,010 214,669,727 176,115,471 104248J959 166,570258 66J61,848 27,600,051 48,099,469 66,735,863 52,960,629 73,732,006 3,746297 475,952 8,340,594 3,736,503 475,952 8,325,800 102,914,479 93,047,188 86,895,274 63,426,805 23,468,469 6,151,914 9,867,291 9,704,473 60,832,375 59,057,251 55,906,282 42,719,423 13,186,859 3,150,969 1,775,124 1,775,124 0 35221,697 8,126,355 17,484,323 33,976,476 8,049,480 17#31 295 32,667,475 7,511,662 15,727,145 25,065,539 6236,616 11,417268 7,601,936 1275,046 4209,877 1,309,001 537,818 1,304,150 1,245221 76,875 453,028 1245221 76,875 453/328 O 0 0 6,739,369 813,425 11,309,882 23,219,428 4,883,481 811,430 10,928,953 17,366,073 4,578,765 577,889 10,598,341 15,233,997 2,464,780 447,141 6,264,277 11,531,184 2,113,985 130,748 4,334,064 3,702,813 304,716 233,541 330,612 2,132,076 1,855,888 1,995 380,929 5,853,355 1,827,984 447 380,929 5,719,989 27,904 1,548 0 133,366 9,794 O 14,794 162,818 237 Miscellaneous lia b ilitie s -to ta l................................................................ Federal funds purchased and securities sold under agreements to repurchase-total............................................................................ With domestic and commercial b a n ks ........................................... With brokers and dealers in securities and fu n d s ........................ With o th e rs ......................................................................................... Other liabilities fo r borrowed money................................................. Mortgage indebtedness......................................................................... Acceptances outstanding...................................................................... Other lia b ilitie s ...................................................................................... ASSETS AND LI ABI LITI ES OF BANKS 4,683,635 16,218,619 2,504,905 238 Table 106. ASSETS AND LIABILITIES OF ALL COMMERCIAL BANKS IN THE UNITED STATES (STATES AND OTHER AREAS), JU N E 30, 1 9 7 6 -C O N T IN U E D B A N K S G R O U PE D B Y IN S U R A N C E S T A T U S A N D C L A S S O F B A N K (Amounts in thousands of dollars) Insured banks Asset, lia b ility, or equity capital item Noninsured banks Total National State Not members of F.R. System Members of Federal Reserve System Total Total Banks of deposit1 Nondeposit trust companies2 187,406 Total liabilities (excluding subordinated notes and deben tures)................................................................................... 897,901,876 875,471,742 675,891,330 510,361,493 165,529,837 199,580,412 22,430,134 22,242,728 Subordinated notes and debentures....................................................... 5,002,343 4,864,369 3,934,623 2,610,607 1,324,016 929,746 137,974 136,712 1,262 Equity c a p ita l- to ta l................................................................................ Preferred sto ck-p a r v a lu e ................................................................... Preferred stock-shares outstanding (in thousands)......................... Common stock-pa r v a lu e .................................................................... Common stock-shares authorized (in th o u s a n d s )......................... Common stock-shares outstanding(in thousands)......................... Surplus..................................................................................................... Undivided p ro fits ................................................................................... Reserve fo r contingencies and other capital reserves..................... 69,889,299 81,323 7,134 16,040,604 2,151,875 1,738,152 28,018,885 23,866,579 1,881,908 69,191,403 75,229 7,066 15,913,201 2,056,461 1,730,868 27,746,889 23,651,959 1,804,125 52,294,822 33,811 3,807 11,724,203 1,349,797 1,240,703 20 677,161 18,563,984 1,295,663 39,503,968 19,437 420 8,960,644 1,117,208 1,024,626 15,222,322 14,231,837 1,069,728 12,790,854 14,374 3,387 2,763,559 232,589 216,077 5,454,839 4,332,147 225,935 16,896,581 41,418 3,259 4,188,998 706,664 490,165 7,069,728 5,087,975 508,462 697,896 6,094 68 127,403 95,414 7,284 271,996 214,620 77,783 464,075 5,692 57 75,693 52,437 4,951 220,893 97,807 63,990 233,821 402 11 51,710 42,977 2,333 51,103 116,813 13,793 PERCENTAGES Of total assets: Cash and due from b a n k s .................................................................... U.S. Treasury securities and obligations o f other U.S. Government agencies and corporations.................................. Other securities...................................................................................... Loans (including federal funds sold and securities purchased under agreements to re s e ll) ............................................................. Other assets............................................................................................ Total equity capital3 ............................................................................. 13.3 13.1 14.5 13.7 16.9 8.6 19.3 19.5 8.2 12.5 12.0 12.7 12.1 11.3 11.5 11.6 11.7 10.4 10.8 17.6 14.1 4.6 10.3 4.5 10.0 7.5 28.1 55.4 6.7 7.2 55.3 6.7 7.3 55.2 7.6 7.1 55.7 7.4 7.2 53.5 8.4 7.1 56.9 3.8 7.8 60.0 5.8 8.74 60.6 5.4 4.94 28.9 27.4 55.3 9.94 5.64 64.8 278 198 Of total assets other than cash and U.S. Treasury securities: Total equity capital3 ............................................................................. 9.3 9.4 9.3 9.2 9.5 9.7 Number o f b a n ks......................................................................................... 14,663 14,385 5,778 4,749 1,029 8,607 80 11ncludes asset and lia b ility figures fo r branches of foreign banks (tabulated as banks) licensed to do a deposit business. Capital is not allocated to these branches by the parent banks. 2Amounts shown as deposits are special accounts and uninvested trust funds, with the latter classified as demand deposits of individuals, partnerships, and corporations. 3 0 n ly asset and lia b ility data are included fo r branches located in "o th e r areas” of banks headquartered in one of the 50 States; because no capital is allocated to these branches, they are excluded from the computation of ratios of equity capital to assets. 4 Data fo r branches of foreign banks referred to in footnote 1 have been excluded in computing this ratio for noninsured banks of deposit and in total columns. Note: Further inform ation on the reports of assets and liabilities of banks may be found on pp. 233-234. FEDERAL DEPOSIT INSURANCE CORPORATION Total Table 107. ASSETS AND LIABILITIES OF ALL COMMERCIAL BANKS IN THE UNITED STATES (STATES AND OTHER AREAS), DECEMBER 31, 1976 BANKS GROUPED BY INSURANCE STATUS AND CLASS OF BANK (Amounts in thousands of dollars) Insured banks Asset, lia b ility, or equity capital item Noninsured banks Members of Federal Reserve System Total Total Total National State Not members of F.R. System Total Banks of deposit1 Nondeposit trust companies2 1,040,090,484 1,011,329,205 776,563,296 586,989,332 189,573,964 234,765,909 28,761,279 28,277,435 483,844 Cash and due from b a n k s -to ta l............................................................. Cash items in process of c o lle c tio n .................................................... Demand balances w ith banks in the United S ta te s ........................ Other balances w ith banks in the United States.............................. Including interest bearing balances................................................. Balances w ith banks in foreign countries........................................... Including interest bearing balances................................................. Currency and c o i n ................................................................................ Reserve w ith Federal Reserve Bank.................................................... 136,819,182 48,494,888 36,918,231 7,090,972 6,335,221 6,136,266 4,962,612 12,209,845 25,968,980 130,221,094 48,366,003 33,022,738 5,874,949 5,568,150 4,796,214 4,409,156 12,192,210 25,968,980 109,012,645 46,567,875 19,717,500 3,629,066 3,474,363 4,047,726 3,704,275 9,081,498 25,968,980 76,153,027 30,120,105 13,039,645 3,189,407 3,073,814 2,261,870 2,056,869 7,056,236 20,485,764 32,859,618 16,447,770 6,677,855 439,659 400,549 1,785,856 1,647,406 2,025,262 5,483,216 21,208,449 1,798,128 13,305,238 2,245,883 2,093,787 748,488 704,881 3,110,712 0 6,598,088 128,885 3,895,493 1,216,023 767,071 1,340,052 553,456 17,635 0 6,560,134 128,365 3,863,253 1,210,903 762,704 1,340,052 553,456 17,561 0 37,954 520 32,240 5,120 4,367 0 0 74 0 S e cu ritie s-to ta l......................................................................................... Investment s e c u ritie s -to ta l................................................................ U.S. Treasury s e c u ritie s ................................................................... M a tu rity -1 year and less. ............................................................. Maturity-Over 1 through 5 years................................................. Maturity-Over 5 through 10 years.............................................. Maturity-Over 10 years................................................................ Obligations of other U.S. Government agencies and corps. . . . M a tu rity -1 year and less................................................................ Maturity-Over 1 through 5 years................................................. Maturity-Over 5 through 10 years .............................................. Maturity-Over 10 years ................................................................ Obligations of States and political subdivisions........................... M aturity-1 year and less. ............................................................. Maturity-Over 1 through 5 years................................................. Maturity-Over 5 through 10 years.............................................. Maturity-Over 10 years ................................................................ Other bonds, notes, and d eb e n tu re s .............................................. M a tu rity -1 year and less................................................................ Maturity-Over 1 through 5 years................................................. Maturity-Over 5 through 10 years .............................................. Maturity-Over 10 years ................................................................ Corporate s t o c k ....................................................................................... 253,223,706 243,739,255 97,996,602 249,976,105 240,552,476 96,883,068 177,785,391 168,822,076 69,718,945 136,062,717 130,121,619 52,612,836 41,722,674 38,700,457 17,106,109 72,190,714 71,730,400 27,164,123 3,247,601 3,186,779 1,113,534 3,132,977 3,101,621 1,088,569 114,624 85,158 24,965 37,868,154 50,701,523 8,660,176 766,749 37,114,370 50,418,474 8,604,072 746,152 26,790,566 36,876,115 5,529,785 522,479 21,233,471 26,880,111 4,109,208 390,046 5,557,095 9,996,004 1,420,577 132,433 10,323,804 13,542,359 3,074^87 223,673 753,784 283,049 56,104 20,597 736,118 278,334 53,724 20,393 17,666 4,715 2,380 204 34,895,426 34,326,811 21,176,688 17,005,880 4,170,808 13,150,123 568,615 563,560 5,055 11,177,569 15,783,815 3,653,118 4,280,924 10,711,513 15,756,455 3,634,463 4,224,380 6,224,844 9,641,900 2,191,996 3,117,948 4,965,291 7,642,513 1,799,291 2,598,785 1,259,553 1,999,387 392,705 519,163 4,486,669 6,114,555 1,442,467 1,106,432 466,056 27,360 18,655 56,544 463,565 25251 18,349 56,395 2,491 2,109 306 149 104,452,519 103,505,764 74,104,493 57,471,096 16,633,397 29,401,271 946,755 913,778 32,977 17,004,987 30,379,079 30,905,132 26,163,321 16,755,606 29,797,439 30,847,464 26,105^55 12,843,331 20,202,377 21,180,572 19,878,213 9,932,149 15,911,985 16,665,610 14,961,352 2,911,182 4,290,392 4,514,962 4,916,861 3,912,275 9,595,062 9,666,892 6,227,042 249,381 581,640 57,668 58,066 233,648 577,012 51,190 51,928 15,733 4,628 6,478 6,138 6,394,708 5,836,833 3,821,950 3,031,807 790,143 2,014,883 557,875 535,714 22,161 1,730,282 2,293,568 1,127,321 1,243,537 1290,379 2,227,649 1,119,625 1,199,180 706,310 1,559^47 742,633 813,760 577,721 1,247,888 573,834 632,364 128,589 311,359 168,799 181,396 584,069 668,402 376,992 385,420 439,903 65,919 7,696 44,357 420,347 65,200 7242 42,925 19,556 719 454 1,432 1,541,489 1,312,816 967,319 345,497 228,673 39,446 10,007 29,439 7,903,516 7,882,140 7,650,499 4,973,779 2,676,720 231,641 21,376 21,349 27 Federal funds sold and securities purchased under agreements to re s e ll-to ta l...................................................................................... With domestic commercial banks....................................................... With brokers and dealers in securities and fu n d s ........................ With oth e rs ............................................................. 48,528,794 45,869,893 36,407,620 30,164,710 6,242,910 9,462,273 2,658,901 2,554,621 104,280 40,310,198 5,786,342 2,432,254 37,907,597 5,705,042 2,257,254 28,784,377 5,499,323 2,123,920 23,872,468 4,374,445 1,917,797 4,911,909 1,124,878 206,123 9,123220 205,719 133,334 2,402,601 81,300 175,000 2299,021 81,300 174,300 103,580 0 700 239 1,580,935 Trading account securities................................................................... ASSETS AND LI ABI LITI ES OF BANKS Total assets.................................................................................................. 240 Table 107. ASSETS AND LIABILITIES OF ALL COMMERCIAL BANKS IN THE UNITED STATES (STATES AND OTHER AREAS), D E C E M B E R 31, 1 9 7 6 -C O N T IN U E D B A N K S G RO U PED B Y IN S U R A N C E S T A T U S A N D C L A S S OF B A N K (Amounts in thousands of dollars) Noninsured banks Insured banks Asset, lia b ility, or equity capital item Members of Federal Reserve System Total Total National State Not members of F.R. System Total Banks of deposit1 Nondeposit trust companies2 533,173,947 6,276,386 539,450,333 12,670,956 518,731,657 6,186,775 524,918,432 12,617,065 395,571,230 4,899,797 400,471,027 8,640,126 302,339,065 3,589,367 305,928,432 7,147,538 93,232,165 1,310,430 94,542,595 1,492,588 123,160,427 1,286,978 124,447,405 3,976,939 14,442,290 89,611 14,531,901 53,891 14,405,014 89,101 14,494,115 53,258 37,276 510 37,786 633 Loans, gross............................................................................................... Real estate lo a n s -to ta l.......................................................................... Construction and land development.............................................. Secured by farmland .......................................................................... 552,121,289 151,212,618 537,535,497 150,904,938 409,111,153 105,743,837 313,075,970 83,946,290 96,035,183 21,797,547 128,424,344 45,161,101 14,585,792 307,680 14,547,373 302,476 38,419 5,204 17,287,047 6,728,660 17,273,179 6,716,845 13,750,392 2,867,959 10,304,238 2,332,884 3,346,154 535,075 3,622,787 3,848,886 13,868 11,815 13,868 11,378 0 437 Secured by 1 - to 4 - family residential properties: Insured by FHA and guaranteed by V A ..................................... Conventional................................................................................... Secured by multi-family (5 or more) residential properties: Insured by FHA ................................................................................ Conventional................................................................................... Secured by non farm nonresidential properties ............................ 8,237,447 73,045,660 8,198,789 72,881,477 6,917,873 50,719,721 5,772,751 41,080,081 1,145,122 9,639,640 1,280,916 22,161,756 38,658 164,183 38,518 160,189 140 3,994 423,971 4,168,016 41,321,817 423,194 4,158,942 41,252,512 343,130 2,985,052 28,259,710 218,997 2,152,088 22,085,251 124,133 832,964 6,174,459 80,064 1,173,890 12,992,802 777 9,074 69,305 777 8,671 69,075 0 403 230 Loans to financial in s titu tio n s -to ta l................................................. 42,697,527 35,900,747 33,831,892 22,764,961 11,066,931 2,068,855 6,796,780 6,796,780 0 To real estate investment trusts and mortgage companies . . . . To domestic commercial banks ....................................................... To banks in foreign countries .......................................................... To other depository in stitu tio n s .................................................... To other financial institutions.......................................................... 10,065,506 4,646,319 10,883,636 1,491,687 15,610,379 9,939,141 2,782,815 6,620,910 1,348,516 15209,365 9,534,175 2,199,056 6,486,546 1,181,921 14,430,194 6,581,108 1,570,528 3,981,745 864,340 9,767,240 2,953,067 628,528 2,504,801 317,581 4,662,954 404,966 583,759 134,364 166,595 779,171 126,365 1,863,504 4,262,726 143,171 401,014 126,365 1,863,504 4262,726 143,171 401,014 0 0 0 0 0 Loans fo r purchasing or carrying securities-to tal............................ To brokers and dealers in securities .............................................. Other loans for purchasing or carrying securities ......................... Loans to fa rm e rs ................................................................................... Commercial and industrial lo a n s ....................................................... Loans to in d ividu a ls-to ta l.................................................................... 15,452,083 15,089,724 14,122,017 8,637,269 5,484,748 967,707 362,359 358,170 4,189 11,420,303 4,031,780 11,074,748 4,014,976 10,793,313 3,328,704 6,001,747 2,635,522 4,791,566 693,182 281,435 686,272 345,555 16,804 345,330 12,840 225 3,964 23,292,269 185,051,846 119,343,511 23,268,314 178,751,008 118,905,722 12,971,464 146,745,904 83,185,857 11,324,334 110,358,836 67,054,049 1,647,130 36,387,068 16,131,808 10,296,850 32,005,104 35,719,865 23,955 6,300,838 437,789 23,955 6,290,298 426,463 0 10,540 11,326 40,104,935 39,806,519 25,824,450 21,308,028 4,516,422 13,982,069 298,416 287,544 10,872 11,373,757 3,059,284 11,373,566 3,054,209 10^05,648 2,503,761 8,249,951 1,645,947 1,955,697 857,814 1,167,918 550,448 191 5,075 191 5,075 0 0 8,744,615 7,265,334 6,570,272 8,743,103 7,246,252 6,567,706 6,217,654 4,757,096 4,608,507 5,363,832 4,001,540 3,718,471 853,822 755,556 890,036 2,525,449 2,489,156 1,959,199 1,512 19,082 2,566 1,504 19,079 2,557 8 3 9 17,848,164 17,792,293 11,790,555 9,409266 2,381,289 6,001,738 55,871 55,437 434 3,921,172 7,043,888 55,076 55,076 0 To purchase private passenger automobiles on instalment basis. Credit cards and related plans: Retail (charge account) credit card plans. .................................. Check credit and revolving credit plans...................................... To purchase other retail consumer goods on instalment basis: Mobile homes (excludes travel trailers)........................................ Other retail consumer goods........................................................... Instalment loans to repair and modernize residential property . Other instalment loans for household, family, and other personal expenditures .................................................................... Single-payment loans for household, family, and other personal expenditures .................................................................... 24,377,150 24,322,074 17,278,186 13,357,014 A ll other loans......................................................................................... 15,071,435 14,715,044 12,510,182 8,990,231 3,519,951 2,204,862 356,391 349,231 7,160 Total loans and se c u ritie s .............................................................. 834,926,447 814,577,655 609,764,241 468,566,492 141,197,749 204,813,414 20,348,792 20,092,612 256,180 FEDERAL DEPOSIT INSURANCE CORPORATION n e t .................................................................................................. Reserve fo r possible loan losses................................................. t o t a l............................................................................................... Unearned income on lo a n s ....................................................... Loans, Plus. Loans, Plus: 5,118,065 5,118,065 4,871,509 3,815,367 1,056,142 246,556 0 0 0 16,776,648 2,916,570 16,694,773 2,894,630 12,280,558 2,386,976 9,902,857 1,749,620 2,377,701 637,356 4,414,215 507,654 81,875 21,940 66,374 6,827 15,501 15,113 2,346,993 9,523,489 31,663,090 2,303,869 9,153,957 30,365,162 2,272,494 8,761,706 27,213,167 1,777,388 5,090,626 19,933,955 495,106 3,671,080 7,279,212 31,375 392,251 3,151,995 43,124 369,532 1,297,928 41,332 369,532 1,140,624 1,792 0 157,304 Total liabilities and equity capital............................................................. 1,040,090,484 1,011,329,205 776,563,296 586,989,332 189,573,964 234,765,909 28,761,279 28,277,435 483,844 Business and personal d ep osits-tota l.................................................... Individuals, partnerships, and corporations-dem and..................... Individuals, partnerships, and co rp ora tio ns-savin g s..................... Individuals and nonprofit organizations-savings ........................ Corporations and other profit organizations-savings.................. Individuals, partnerships, and co rp o ra tio n s-tim e ........................... Deposits accumulated fo r payment of personal loans-tim e . . . . Certified and officers' checks, travelers' checks, letters of credit—d e m a n d ................................................................................... 704,785,327 256,753,877 198,257,884 695,593,860 255,418,592 197,697,188 511,051,452 193,117,435 141,240,298 397,057,876 146,963,287 111,860,590 113,993,576 46,154,148 29,379,708 184,542,408 62,301,157 56,456,890 9,191,467 1,335,285 560,696 9,173,420 1,318,107 560,696 18,047 17,178 0 189,584,737 8,673,147 189,038,090 8,659,098 134,812,483 6,427,815 106,881,881 4,978,709 27,930,602 1,449,106 54225,607 2,231,283 546,647 14,049 546,647 14,049 0 0 236,657,522 150,713 230,768,986 146,318 167,509,058 117,979 132,070,447 87,404 35,438,611 30,575 63,259,928 28,339 5,888,536 4,395 5,887,998 4,395 538 0 12,965,331 11,562,776 9,066,682 6,076,148 2,990,534 2,496,094 1,402,555 1,402,224 331 Government d e p o s its -to ta l................................................................... United States G overnm ent-dem and................................................. United States Government-savings.................................................... United States G o v e rn m e n t-tim e ....................................................... States and political subdivisions-dem and........................................ States and political subdivisions-savings........................................... States and political su bd iv is io n s -tim e .............................................. 72,285,537 3,058,030 56,345 684,081 18,075,657 6,060,378 44,351,046 71,883,024 3,039,886 56,306 679,580 17,985,499 6,057,276 44,064,477 50,055,992 2,110,196 48,387 514,340 12,204,931 4,672,068 30,506,070 40,453,728 1,681,067 42,335 410,149 9,857,622 3,701,874 24,760,681 9,602,264 429,129 6,052 104,191 2,347,309 970,194 5,745,389 21,827,032 929,690 7,919 165,240 5,780,568 1,385,208 13,558,407 402,513 18,144 39 4,501 90,158 3,102 286,569 402,455 18,091 39 4,501 90,153 3,102 286,569 58 53 0 0 5 0 0 Domestic; interbank d ep os its -to ta l....................................................... Commercial banks in the United S tates-dem and........................... Commercial banks in the United S ta te s-sa vin g s ........................... Commercial banks in the United S ta te s -tim e ................................. Mutual savings banks in the United S ta te s-d e m a n d ..................... Mutual savings banks in the United States-savings........................ Mutual savings banks in the United S ta te s - tim e ........................... 45,564,839 36,289,906 10,871 7,238,449 1,684,386 1,232 339,995 44,480,526 35,958,351 10,871 6,807,485 1,384,810 1,232 317,777 42,176,172 34,692,076 7,012 5,926,583 1,253,838 794 295,869 24,143,335 19,356,161 5,628 4,052,455 553,174 594 175,323 18,032,837 15,335,915 1,384 1,874,128 700,664 200 120,546 2,304,354 1,266,275 3,859 880,902 130,972 438 21,908 1,084,313 331,555 0 430,964 299,576 0 22,218 1,067,913 315,155 0 430,964 299,576 0 22,218 16,400 16,400 0 0 0 0 0 Foreign government and bank d e p o s its -to ta l.................................... Foreign governments, central b anks-dem and................................. Foreign governments, central b a n ks-sa vin g s................................. Foreign governments, central b a n k s -tim e ....................................... Banks in foreign c o u n trie s -d e m a n d ................................................. Banks in foreign countries-savings.................................................... Banks in foreign c o u n trie s -tim e ....................................................... 22,421,012 2,414,723 103,701 10,080,294 7,418,229 5 2,404,060 18,966,712 1,846,518 102,796 8,482,379 6,766,596 5 1,768,418 18,322,583 1,813,423 91,927 8,217,976 6,511,588 5 1,687,664 10,469,477 1,111,331 18,263 4,788,636 3,251,854 5 1,299,388 7,853,106 702,092 73,664 3,429,340 3,259,734 0 388,276 644,129 33,095 10,869 264,403 255,008 0 80,754 3,454,300 568,205 905 1,597,915 651,633 0 635,642 3,454,184 568,089 905 1,597,915 651,633 0 635,642 116 116 0 0 0 0 0 Total deposits.................................................................................. Demand ......................................................................................... Savings................................................................................... . . . Tim e ......................................................................................... 845,056,715 830,924,122 621,606,199 472,124,416 149,481,783 209,317,923 14,132,593 14,097,972 34,621 338,660,139 204,490,416 301,906,160 333,963,028 203,925,674 293,035,420 260,770,169 146,060,491 214,775,539 188,850,644 115,629,289 167,644,483 71,919,525 30,431^02 47,131,056 73,192,859 57,865,183 78,259,881 4,697,111 564,742 8,870,740 4,663,028 564,742 8,870,202 34,083 O 538 116,660,435 103,020,572 96,350,686 70,813,471 25,537,215 6,669,886 13,639,863 13,431,397 72,979,442 70,320,490 66,899,303 51,678,941 15,220,362 3,421,187 2,658,952 2,658,952 0 42,842,543 5,694,086 24,442,813 40,636,816 5,667,886 24,015,788 39,194,674 5,344,928 22,359,701 31,328,798 3,675,702 16,674,441 7,865,876 1,669,226 5,685,260 1,442,142 322,958 1,656,087 2,205,727 26,200 427,025 2205,727 26,200 427,025 0 0 0 7,570,913 801,087 10,136,501 25,172,492 5,127,666 799,100 9,762,309 17,011,007 4,845,541 549,930 9,369,842 14,686,070 2,747,298 407,767 5,144,593 10,834,872 2,098,243 142,163 4,225,249 3,851,198 282,125 249,170 392,467 2,324,937 2,443,247 1,987 374,192 8,161,485 2,416,315 449 374,192 7,981,489 26,932 1,538 0 179,996 208,466 241 Miscellaneous lia b ilitie s -to ta l................................................................ Federal funds purchased and securities sold under agreements to repurchase-total............................................................................ With domestic and commercial ba n ks ........................................... With brokers and dealers in securities and fu n d s ........................ With o th e rs ......................................................................................... Other liabilities fo r borrowed m oney................................................. Mortgage indebtedness......................................................................... Acceptances outstanding...................................................................... Other lia b ilitie s ...................................................................................... ASSETS AND LIABILITIES OF BANKS Direct lease financing............................................................................ Bank premises, furniture and fixtures, and other assets representing bank p re m ise s............................................................. Real estate owned other than bank p re m is e s................................. Investments in unconsolidated subsidiaries and associated com panies............................................................................................ Customers' lia b ility on acceptances o u ts ta n d in g ........................... Other assets............................................................................................ 242 Table 107. ASSETS AND LIABILITIES OF ALL COMMERCIAL BANKS IN THE UNITED STATES (STATES AND OTHER AREAS), DECEMBER 31, 1976-CONTINUED BANKS GROUPED BY INSURANCE STATUS AND CLASS OF BANK (Amounts in thousands of dollars) Noninsured banks Insured banks Asset, lia b ility, or equity capital item Total Total Total liabilities (excluding subordinated notes and d eb en tures)................................................................................... 961,717,150 933,944,694 Total National 717,956,885 542,937,887 State 175,018,998 215,987,809 Total Banks of deposit1 Nondeposit trust companies2 27,772,456 27,529,369 243,087 Subordinated notes and debentures........................................................ 5,261,430 5,123,725 4,082,288 2,726,628 1,355,660 1,041,437 137,705 136,627 1,078 Equity c a p ita l-to ta l................................................................................ Preferred s to ck-p a r v a lu e .................................................................... Preferred stock-shares outstanding (in thousands)......................... Common sto ck-p a r v a lu e .................................................................... Common stock-shares authorized (in tho u san ds)......................... Common stock-shares outstanding (in thousands)......................... Surplus...................................................................................................... Undivided p ro fits ................................................................................... Reserve for contingencies and other capital reserves...................... 73,111,904 73,422 6,806 16,320,780 2,172,803 1,719,918 29,326,051 25,492,839 1,898,812 72,260,786 67,328 6,740 16,219,259 2,067,077 1,702,805 28,893,882 25,251,535 1,282,782 54,524,123 25,213 3,573 11,884,153 1,294,118 1,179,077 21,409,674 19,925,999 1,279,084 41,324,817 18,754 491 9,106,275 1,065,235 965,665 15,853,738 15,271,833 1,074,217 13,199,306 6,459 3,082 2,777,878 228,883 213,412 5,555,936 4,654,166 204,867 17,736,663 42,115 3,167 4,335,106 772,959 523,728 7,484,208 5,325,536 549,698 851,118 6,094 66 101,521 105,726 17,113 432,169 241,304 70,030 611,439 5,692 55 52,142 62,552 14,757 379,720 116,706 57,179 239,679 402 11 49,379 43,174 2,356 52,449 124,598 12,851 13.2 PERCENTAGES Of total assets: Cash and due from b a n k s .................................................................... U.S. Treasury securities and obligations of other U.S. Government agencies and corporations.................................. Other securities...................................................................................... Loans (including federal funds sold and securities purchased under agreements to re s e ll)........................................... Other assets............................................................................................ Total equity capital3 ............................................................................. 12.9 14.0 13.0 17.3 9.0 22.9 23.2 7.8 12.8 11.6 13.0 11.7 11.7 11.2 11.9 11.3 11.2 10.8 17.2 13.6 5.8 5.4 5.8 5.2 6.2 17.5 55.9 6.6 7.0 55.8 6.6 7.1 55.6 7.4 7.0 56.6 7.2 7.0 52.5 8.2 7.0 56.5 3.7 7.6 59.5 6.3 7.34 60.0 5.7 5.3 4 29.3 39.2 49.5 Of total assets other than cash and U.S. Treasury securities: Total equity capital3 ............................................................................. 9.1 9.2 9.1 9.0 9.5 9.5 11.34 6.44 56.9 Number of b an ks......................................................................................... 14,698 14,411 5,760 4,737 1,023 8,651 1<2- 3' 4 See notes to table 106. Note: Further inform ation on the report of assets and liabilities of banks may be found on pp. 233-234. 287 1209 78 FEDERAL DEPOSIT INSURANCE CORPORATION Not members of F.R. System Members of Federal Reserve System Table 108. ASSETS AND LIABILITIES OF ALL MUTUAL SAVINGS BANKS IN THE UNITED STATES (STATES AND OTHER AREAS), JUNE 30, 1976, AND DECEMBER 31, 1976 BANKS GROUPED BY INSURANCE STATUS (Amounts in thousands of dollars) June 30,1976 December 31,1976 Asset, lia b ility , or surplus account item Insured Noninsured Total Insured Noninsured Total assets............................................................................................................................................ 128,457,216 114,013,807 14,443,409 134,820,238 120,839,827 13,980,411 Cash, balances with banks, and collection ite m s-to ta l............................................................ Currency and c o i n .................................................................................................................... Demand balances w ith banks in the United S ta te s ............................................................ Other balances w ith banks in the United States.................................................................. Cash items in process of c o lle c tio n ........................................................................................ 1,572,981 336,058 585,559 550,635 100,729 1,419,290 283,842 502,637 544,888 87,923 153,691 52,216 82,922 5,747 12,806 2,370,167 395,273 1,022,366 816,010 136,518 2,188,926 338,001 925,344 807,240 118,341 181,241 57,272 97,022 8,770 18,177 Secu rities—to tal................................................................................................................................ United States Government and agency s e c u ritie s -to ta l................................................... Securities maturing in 1 year or le s s ............................................................................... Securities maturing in 7 to 5 years .................................................................................. Securities maturing in 5 to 10 ye a rs ............................................................................... Securities maturing after 10 years..................................................................................... 39,404,525 13,361,719 35,237,267 1 1,783,018 4,167,258 1,578,701 41,976,649 14,764,846 37,984,627 13,194,506 3,992,022 1,570,340 1890,595 3,981,288 1,787,492 5,702,344 1,621,307 3,274,058 1,492,423 5,395,230 269288 707,230 295,069 307,114 2,274,842 3,783,778 1,655,589 7,050,637 1,981,205 3237,461 1,383,006 6,592,834 293,637 546,317 272,583 457,803 Corporate b o n d s ...................................................................................................................... State, county, and municipal obligations............................................................................... Other bonds, notes, and d eb en tures..................................................................................... 15,993,543 2,343,174 3,361,651 14,696,937 2,225,089 2,889,972 1,296,606 118,085 471,679 16,904,069 2,407,041 3,540,853 15,781,623 2,301,574 3,019,191 1,122,446 105,467 521,662 Corporate s to c k - to ta l............................................................................................................. B a nk ...................................................................................................................................... Other...................................................................................................................................... 4,344,438 3,642,251 702,187 4,359,840 3,687,733 672,107 543,679 3,800,759 376,524 3^65,727 167,155 535,032 548,733 3,811,107 387,161 3,300,572 161,572 510,535 Federal funds sold and securities purchased under agreements to resell.............................. 1,874,504 1,636,845 237,659 1,535,036 1,322,316 212,720 Other loans-total............................................................................................................................. Real estate lo a n s -to ta l............................................................................................................. Construction loans ............................................................................................................. Secured by farmland .......................................................................................................... 82,121,307 78,838,767 72,538,149 69,751,108 9,583,158 9,087,659 85,294,638 81,639,570 75,990,422 72,820,626 9,304,216 8,818,944 934,712 57,298 813,117 43,319 121,595 13,979 955,370 60,016 854,499 46,364 100,871 13,652 12,151,588 12,284,679 26,279,969 11,335,565 11,230,240 21,217,100 816,023 1,054,439 5,062,869 11,846,517 12,185,076 28,687,780 11,147,343 11,221,051 23,393,029 699,174 964,025 5,294,751 2,267,553 11,245,405 13,617,563 2^12,618 10,648,078 12,251,071 54,935 597,327 1,366,492 2,444,114 11,443,577 14,017,120 2,428,166 10,874,242 12,855,932 15,948 569,335 1,161,188 33,712 45,190 0 1,808 990 481,413 32,275 45,078 0 1,520 990 472,519 1,437 112 0 288 0 8,894 28,442 57,346 0 1,758 918 609,393 26,955 57,234 0 1,494 918 599,849 1,487 112 0 264 0 9,544 Secured by residential properties: Secured by 1- to 4 - family residential properties: Insured by Federal Housing Administration ...................................................... Guaranteed by Veterans Administration ............................................................ Not insured or guaranteed by FHA or VA ......................................................... Secured by multifamily (5 or more) residential properties: Insured by Federal Housing Administration ...................................................... Not insured by F H A .............................................................................................. Secured by other properties .............................................................................................. Loans to domestic commercial and foreign banks............................................................... Loans to other financial in s titu tio n s .................................................................................... Loans to brokers and dealers in se curities........................................................................... Other loans fo r purchasing or carrying se curities............................................................... Loans to farmers (excluding loans on real estate)............................................................... Commercial and industrial lo a n s ........................................................................................... ASSETS AND LIABILITIES OF BANKS Total 244 Table 108. ASSETS AND LIABILITIES OF ALL MUTUAL SAVINGS BANKS IN THE UNITED STATES (STATES AND OTHER AREAS), JUNE 30, 1976, AND DECEMBER 31, 1976—CONTINUED BANKS GROUPED BY INSURANCE STATUS (Amounts in thousands of dollars) December 31, 1976 June 30,1976 Asset, lia b ility, or surplus account item Total Noninsured Insured Total Noninsured Insured 2,607,892 111,535 2,184,137 50,522 423,755 61,013 2,862,400 94,811 2,412,478 70,868 449,922 23,943 Total loans and s e c u ritie s ............................................................................................ 123,400,336 109,412,261 13,988,075 128,806,323 115,297,365 13,508,958 Bank premises, furniture and fixtures, and other assets representing bank premises . . Real estate owned other than bank p re m ise s...................................................................... Investments in subsidiaries not consolidated......................................................................... Other assets................................................................................................................................ 1,139,611 515,838 113,633 1,714,817 1,003,968 463,473 108,493 1,606,322 135,643 52,365 5,140 108,495 1,190,297 539,844 122,338 1,791,269 1,063,867 490,059 112,754 1,686,856 126,430 49,785 9,584 104,413 Total liabilities and surplus accounts.................................................................................................. 128,457,216 114,013,807 14,443,409 134,820,238 120,839,827 13,980,411 D e p o s its -to ta l................................................................................................................................ Savings and time d ep osits-total............................................................................................... Savings deposits.................................................................................................................... Deposits accumulated for payment of personal loans.................................................... Fixed maturity and other time deposits ......................................................................... Demand d e p o s its - to ta l........................................................................................................... 117,599,055 116,617,621 104,538,180 103,592,741 13,060,875 13,024,880 123,653,736 122,517,852 110,998,759 109,895,767 12,654,977 12,622,085 73,469,580 2 43,148,139 65,101,518 1 38,491,222 8,368,062 1 4,656,817 67,295,029 1 42,600,737 8,058,055 0 4,564,030 981,434 945,439 35,995 1,135,884 1,102,992 32,892 Miscellaneous lia b ilitie s -to ta l........................................................................................................ Securities sold under agreements to repurchase................................................................... Other borrow ings....................................................................................................................... Other lia b ilitie s .......................................................................................................................... 2,125,610 50,290 435,906 1,639,414 1,868,279 50,290 421,214 1,396,775 257,331 0 14,692 242,639 2,112,377 72,718 362,913 1,676,746 1,865,047 69,118 356,329 1,439,600 247,330 3,600 6,584 237,146 12,902,307 75,353,084 1 47,164,767 Total lia b ilitie s .............................................................................................................. 119,724,665 106,406,459 13,318,206 125,766,113 112,863,806 M inority interest in consolidated subsidiaries............................................................................ 60 60 0 61 61 0 Surplus a ccounts-total.................................................................................................................... Capital notes and d ebentures.................................................................................................. Other surplus accounts.............................................................................................................. 8,732,491 213,080 8,519,411 7,607,288 206,930 7,400,358 1,125,203 6,150 1,119,053 9,054,064 219,470 8,834,594 7,975,960 213,264 7,762,696 1,078,104 6,206 1,071,898 1.2 10.4 20.3 1.2 10.3 20.6 1.1 10.9 17.9 1.8 11.0 20.2 1.8 10.9 20.5 1.3 11.2 17.3 65.4 2.7 6.8 65.1 2.8 6.7 68.0 2.1 7.8 64.4 2.7 6.7 64.0 2.8 6.6 68.1 2.1 7.7 PERCENTAGES Of total assets: Cash and balances with other b a n k s ............................................................................................ U.S. Government and agency s e c u ritie s ...................................................................................... Other securities................................................................................................................................ Loans (including federal funds sold and securities purchased under agreements to re s e ll)........................................................................................................... Other assets...................................................................................................................................... Total surplus accounts.................................................................................................................... Of total assets other than cash and U.S. Government obligations: Total surplus accounts.................................................................................................................... 7.7 7.5 8.9 7.7 7.6 8.8 Number of b an ks................................................................................................................................... 474 328 146 473 329 144 FEDERAL DEPOSIT INSURANCE CORPORATION Loans to individuals fo r personal e xpe nd itu re s................................................................... A ll other loans (including overdrafts)...................................................................................... Table 109. ASSETS AND LIABILITIES OF INSURED COMMERCIAL BANKS IN THE UNITED STATES (STATES AND OTHER AREAS), DECEMBER CALL DATES, 1971-1976 (Amounts in thousands of dollars) Asset, lia b ility, or equity capital item Total a ssets.............................................................................................................. Dec. 31,1971 Dec. 31, 1972 Dec. 31, 1973 Dec. 31, 1974 Dec. 31, 1975 Dec. 31, 1976 737,699,385 832,658,280 912,529,261 952,451,011 1,011,329,2055 98,690,700 38,658,890 21,962,456 2,427,914 111,844,113 45,386,844 28,156,064 2,783,379 116,939,181 44,661,826 30,128,768 2,771,041 126,081,191 47,281,289 34,414,497 4,090,428 129,024,072 47,332,821 32,168,464 7,566,509 567,033 739,928 787,960 1,449,086 2,820,929 7,591,590 27,482,817 8,703,008 26,074,890 10,768,844 27,820,742 11,727,595 27,118,296 12,355,374 26,779,975 130,221,094 48,366,003 33,022,738 5,874,949 5,568,150 4,796,214 4,409,156 12,192,210 25,968,980 S ecu ritie s-to tal.................................................................................................... Investment s e c u ritie s -to ta l......................................................................... U.S. Treasury securities ......................................................................... 169,167,078 163,859,514 183,760,796 178,632,700 188,230,092 179,574,763 193,902,967 185,919,136 227,847,169 222,515,186 249,976,105 240,552,476 62,696,667 17,071,836 80,135,021 3,955,990 64,709,715 21,156,678 87,418,538 5,347,769 55293,300 27,538214 91,227,882 5,515,367 51,873,986 31,087,341 96,791,360 6,166,449 81,011,010 33298,668 100,801,477 7,404,031 96,883,068 34,326,811 103,505,764 5,836,833 5,307,564 5,128,096 8,655,329 7,983,831 5,331,983 7,882,140 19,643,272 25,634,862 34,379,920 38,937,288 37,345,238 45,869,893 Obligations of other U.S. Government agencies and corporations. . Obligations of States and political subdivisions................................. Other bonds, notes, and debentures ................................................... Corporate stock1 ........................................................................................... 1,541,489 Trading account securities................................................................ Federal funds sold and securities purchased under agreements to re s e ll-to ta l.............................................................................................. Loans net .............................................................................................................. Plus: Reserve for possible loan losses1 ...................................................... Loans, t o t a l........................................................................................................... Plus: Unearned income on loans1................................................................ Loans, gross........................................................................................................... Real estate lo a n s -to ta l.................................................................................. Construction and land development1................................................... Secured by farmland ............................................................................... Secured by 1- to 4-fa m ily residential properties: Insured by FHA and guaranteed by V A ....................................... Conventional..................................................................................... Secured by multi-family (5 or more) residential properties: Insured by FHA .................................................................................. Conventional...................................................................... Secured by non farm nonresidential properties ................................. 388,902,133 99,086,276 459,755,788 118,787,181 506,378,800 131,751,383 502,289,682 136,186,930 4,173,726 4,752270 5.420.190 6,030,620 6,370,913 17,273,179 6,716,845 10,442,621 37,438,104 10,418,222 46,425,199 10,156,517 57,639,300 9,348,308 65204281 8,869,801 68,149,590 8,198,789 72,881,477 803,880 3,177,970 26,277,989 1,225,769 4,550,113 31,714,703 1.293.191 5,636,229 38,641,754 939,083 6,652,445 43,576,646 513,947 5,401,104 46,881,575 423,194 4,158,942 41252,512 21,313,511 29,527,538 39,696,478 45,202,429 38,966,705 35.900.747 9,939,141 j 2,782,815 \ 6,620,910 f 1,348,516 i 15209,365 } 4,405^98 6,119,843 9,155,496 10,082,525 9,556,714 1 16,908,213 23,407,695 30,540,982 35,119,904 29,409,991 10,848,504 15,632,717 11,926,687 9,195,911 10,879,642 7,202,440 3,646,064 11,165,572 4,467,145 7,625,741 4,300,946 5,192,896 4,003,015 7,055262 3,824,380 11.074.748 4,014,976 12,506,206 118,401,203 74,796,848 14,302,106 132,497,555 87,629,904 17,150,320 158,688,202 100,382,510 18,225,296 184,216,999 103,714,164 20,135,056 175,922,939 106,819,480 23,268,314 178,751,008 1 18,905,722 15,089,724 245 Loans to financial in s titu tio n s -to ta l......................................................... To real estate investment trusts and mortgage companies1 ............ To domestic commercial banks ............................................................ To banks in foreign countries ............................................................... To other depository in stitu tio n s ......................................................... To other financial institutions 2 ............................................................. Loans for purchasing or carrying se curities-to tal.................................... To brokers and dealers in securities...................................................... Other loans for purchasing or carrying securities.............................. Loans to fa rm e rs ........................................................................................... Commercial and industrial lo a n s ................................................................ Loans to in dividu a ls-to ta l............................................................................ 328,225,896 82,314,290 518,731,657 6,186,775 524,918,432 12,617,065 537,535,497 150,904,938 ASSETS AND LI ABI LITI ES OF BANKS 639,903,322 Cash and due from b a n k s -to ta l......................................................................... Cash items in process of c o lle c tio n ............................................................. Demand balances w ith banks in the United S ta te s ................................. Other balances with banks in the United States....................................... Including interest bearing balances1 ................................................... Balances with banks in foreign countries................................................... Including interest bearing balances ' ................................................... Currency and c o i n ........................................................................................ Reserve with Federal Reserve Bank............................................................. Asset, liab ility, or equity capital item Dec. 31, 1976 Dec. 31, 1971 Dec. 31, 1972 Dec. 31, 1973 Dec. 31, 1974 24,850,695 29,084,924 33,477,132 32,949,382 33,455,998 39,806,519 4,523,889 1,463,857 5,443,349 1,780,153 6,878,593 2,262,700 8,327,292 2,810,808 9,551,255 2,827,207 11,373,566 3,054,209 4,674,364 4,655,510 3,865,597 6,436,145 5,170,118 4,326,916 8,371286 6,206,851 4,906,940 8,998,167 6,514,415 5,625,691 8,720,369 6,720,411 5,955,100 8,743,103 7,246,252 6,567,706 11,409,477 12,903,659 14,538,048 15,491,334 16,455,919 17,792,293 19,353,459 22,484,640 23,740,960 22,997,075 23,133,221 24,322,074 A ll other loans.................................................................................................. 8,045,334 10,226,037 13,124,410 14,072,618 13,378,930 14,715,044 Total loans and s e c u ritie s ................................................................. 517,036,246 598,297,791 682,365,800 739,219,055 767,482,089 814,577,655 Bank premises, furniture and fixtures, and other assets representing bank premises............................................................................................ Real estate owned other than bank p re m ise s ........................................... Investments in unconsolidated subsidiaries and associated companies . Customers' lia b ility on acceptances o u ts ta n d in g ..................................... Other assets..................................................................................................... 10,285,384 390,833 911,550 3,914,186 8,674,423 11,524,646 369,193 1,077,700 3,471,203 11,114,739 12,788,763 433,860 1,403,400 4,356,527 14,370,749 14,296,959 811,080 1,739,054 10,653,382 19,728,540 15,598,230 1,908,880 1,992,754 8,687,996 27,756,990 16,694,773 2,894,630 2,303,869 9,153,957 30,365,162 Total liabilities and equity capital............................................................................. 639,903,322 737,699,385 832,658,280 912,529,261 952,451,011 1,011,329,205 Business and personal dep osits-tota l................................................................. Individuals, partnerships, and corporations-dem and............................... Individuals, partnerships, and co rporations-savings............................... 439,568,884 191,775,515 112,165,951 504,283,757 221,204,645 124,188,716 555,151,799 231,956,880 127,818,434 604,637,647 235,984,680 136,268,612 645,305,033 246,710,621 160,716,975 695,593,860 255,418,592 197,697,188 226,851,406 280,452 230,768,986 146,318 5,118,065 189,038,090 8,659,098 Individuals and nonprofit organizations—savings Corporations and oth&r profit orQanizations—savinc/s^ 147,083,850 554,001 184,010,925 503,468 221,618,614 386,635 Individuals, partnerships, and c o rp ora tio ns-tim e ..................................... Deposits accumulated for payment o f personal lo a n s -tim e ................... Certified and officers' checks, travelers' checks, letters of c re d it-d e m a n d ......................................................................................... 125,087,661 677,179 9,862,578 11,252,545 10,862,092 10,379,106 10,745,579 11,562,776 Government d e p o s its -to ta l................................................................................ United States G overnm ent-dem and........................................................... United States Government—savings United States G ove rn m e n t-tim e ................................................................. States and political subdivisions-dem and................................................. States and political subdivisions—savings States and political s u bd ivisio n s-tim e ........................................................ 58,987,158 10,263,251 67,554,342 10,939,672 73,660,934 9,887,668 74,219,736 4,821,969 70,704,640 3,126,532 530,769 17,714,586 614,035 18,672,774 440,641 18,746,900 500,147 18,710,659 588,481 18,879,179 71,883,024 3,039,886 56,306 679,580 17,985,499 6,057,276 44,064,477 Domestic interbank d ep os its -to ta l.................................................................... Commercial banks in the United States—demand..................................... Commercial banks in the United States—savings Commercial banks in the United S ta te s -tim e ........................................... Mutual savings banks in the United S ta te s-d e m a n d ............................... Mutual savings banks in the United States—savings Mutual savings banks in the United States—t i m e ..................................... 30,478,552 37,327,861 44,585,725 50,186,961 48,110,448 31,906,847 28,014,732 33,677,534 28,569,727 37,444,862 29,861,879 45,328,505 35,101,553 44,280,973 33,491,673 2,441,489 1,163,740 3,548,503 1,205,688 5,783,907 1,155,682 8,563,604 1,197,332 9,129,775 1,159,714 286,886 353,616 643,394 466,016 499,811 44,480,526 35,958,351 10,871 6,807,485 1,384,810 1,232 317,777 FEDERAL DEPOSIT INSURANCE CORPORATION To purchase private passenger automobiles on instalment basis. . . Credit cards and related plans: Retail (charge account) credit card plans. ..................................... Check credit and revolving credit plans. ........................................ To purchase other retail consumer goods on instalment basis: Mobile homes (excludes travel trailers). ......................................... Other retail consumer goods.............................................................. Instalment loans to repair and modernize residential property . . . Other instalment loans for household, family, and other personal expenditures......................................................................................... Single-payment loans for household, family, and other personal expenditures......................................................................................... Dec. 31, 1975 246 Table 109. ASSETS AND LIABILITIES OF INSURED COMMERCIAL BANKS IN THE UNITED STATES (STATES AND OTHER AREAS), DECEMBER CALL DATES, 1971-1976-CONTINUED (Amounts in thousands of dollars) Foreign government and bank d e p o s its -to ta l................................................. Foreign governments, central b anks-dem and.......................................... 8,721,173 803,364 11,391,934 908,731 15,361,830 1,355,645 22,227,034 1,882,054 20,458,022 1,659,374 Foreign governments, central b a n k s -tim e ................................................. Banks in foreign c o u n trie s -d e m a n d .......................................................... 5,053,554 2,681,096 6,517,493 3,637,309 8,506,931 5,279,635 12,078,963 6,339,583 11,374,159 5,649,939 Banks in foreign c o u n trie s -tim e ................................................................ 183,159 328,401 219,619 1,926,434 1,774,550 Total deposits..................................................................................... Demand ......................................................................................... Savings............................................................................................ Tim e ............................................................................................... 539,184,062 616,907,567 681,619,425 746,412,922 780,748,668 830,924,122 262278,862 112,165,957 164,739,249 296,391,091 124,188,716 196,327,760 309,106,381 127,818,434 244,694,610 314,416,936 136,268,612 295,727,374 321,422,611 160,716,975 298,609,082 333,963,028 203,925,674 293,035,420 47,370,832 61,514,816 85,391,650 94,152,187 93,975,434 103,020,572 24,179,742 1,463,429 668,331 4,039,643 17,019,687 33,731,069 3,919,796 1,160,675 3,570,900 19,132,376 50,480,996 7,179,644 771,519 4,486,309 22,473,182 51,224,639 4,867,119 724,845 11,226,448 26,109,136 52,190,147 4,651,050 774,094 9,275,803 27,084,340 70,320,490 5,127,666 799,100 9,762,309 17,011,007 Total liabilities (excluding subordinated notes and debentures)............................................................................ 586,554,894 678,422,383 767,011,075 840,565,109 874,724,102 933,944,694 Subordinated notes and debentures................................................................... 2,956,180 4,092,820 4,117,351 4,259,531 4,407,892 5,123,725 Reserves on loans and securities—total4 .......................................................... Reserves for bad debt losses on loans.......................................................... Other reserves on loans.................................................................................. Reserves on securities..................................................................................... 6 443,382 6 J 51,274 113,427 178,681 6,909,306 6,623^801 112,167 173,338 7,808,584 7*526744 107,994 173,846 8,676,953 8^3 76,683 131,581 168,689 9,010,387 8*6 54^714 169,113 186,560 Equity c a p ita l- to ta l............................................................................................ Preferred s tock-pa r v a lu e ............................................................................ Common s tock-pa r v a lu e ............................................................................ Surplus.............................................................................................................. Undivided p ro fits ............................................................................................ Reserve for contingencies and other capital reserves.............................. 43,948,866 91,930 11,811,129 19,895,816 11,135,068 1,014,923 48,274,876 68,924 12,853,653 21,528,422 13,012,232 811,645 53,721,270 65,650 13,846,071 23,593,311 15,361,857 854,381 59,027,668 43,460 14,789,463 25,313,257 17,969,789 911,699 64,308,630 47,881 15,565,026 26,712,935 21,182,330 800,458 15.4 15.2 14.0 13.8 13.5 12.95 12.5 14.0 11.6 13.3 9.9 12.7 9.1 12.2 12.0 11.9 13.05 11.7s 54.4 3.8 6.9 56.2 3.7 6.5 59.3 4.0 6.5 59.8 5.2 6.5 56.7 5.9 6.8 55.85 6.65 7.15 9.2 8.6 8.1 8.0 8.7 9.25 13,612 13,733 13,976 14,228 14,384 PERCENTAGES Of total assets: Cash and due from b a n k s ............................................................................ U.S. Treasury securities and obligations of other U.S. Government agencies and co rp o ra tio n s ............................................................................ Other securities..................................................................................................... Loans (including federal funds sold and securities purchased under agreements to re s e ll)..................................................................................... Other assets.....................................................................................................•. . Total equity capital............................................................................................... Of total assets other than cash and U.S. Treasury securities: Total equity capital................................................................................... Number of banks........................................................................................................ 14,411 247 1 Not available before 1976. 2 Before 1976 included loans to real estate investment trusts and mortgage companies. 3 1ncludes m inority interest in consolidated subsidiaries. 4 Reporting of reserves fo r losses on loans and securities was revised in 1976; see page 234. 5Total asset data fo r 1976 are based on "Loans, net.'' 72,260,786 67,328 16,219,259 28,893,882 25,251,535 1,828,782 ASSETS AND LIABILITIES OF BANKS Miscellaneous lia b ilitie s -to ta l............................................................................ Federal funds purchased and securities sold under agreements to repurchase-total.................................................................................. Other liabilities fo r borrowed m oney.......................................................... Mortgage indebtedness.................................................................................. Acceptances outstanding............................................................................... ' Other liabilities3 ............................................................................................ 18,966,712 1,846,518 102 796 8,482,379 6,766,596 5 1,768,418 248 Table 110. ASSETS AND LIABILITIES OF INSURED MUTUAL SAVINGS BANKS IN THE UNITED STATES (STATES AND OTHER AREAS), DECEMBER CALL DATES, 1971-1976 (Amounts in thousands of dollars) Dec. 31, 1971 Dec. 31, 1972 Dec. 31, 1973 Dec. 31, 1974 Dec. 31, 1975 Dec. 31, 1976 T otal a ssets................................................................................................................................................... 77,891,927 87,650,051 93,012,515 95,589,401 107,280,765 120,839,827 Cash, balances w ith banks, and collection ite m s -to ta l................................................................... Currency and c o i n .......................................................................................................................... Demand balances w ith banks in the United S ta te s ................................................................... Other balances w ith banks in the United States......................................................................... Cash items in process of c o lle c tio n .............................................................................................. 1,273,735 195,679 551,149 445,384 81,523 1,520,399 215,345 568,211 627,530 109,313 1,847,776 226,905 711,172 817,495 92,204 2,053,353 268,102 683,943 1,022,757 78,551 2,195,390 308,887 706,116 1,091,274 89,113 2,188,926 338,001 925,344 807,240 118,341 S e cu ritie s-to ta l...................................................................................................................................... 18,491,379 22,636,737 21,871,412 22,684,614 30,421,034 37,984,627 United States Government and agency s e c u ritie s -to ta l......................................................... Securities maturing in 1 year or le s s ..................................................................................... Securities maturing in 1 to 5 years ........................................................................................ Securities maturing in 5 to 10 years ..................................................................................... Securities maturing after 10 years. ........................................................................................ 5,156,321 6,386,003 5,971,200 5,967,835 9,468,682 13,194,506 867,992 1,823,997 832,859 1,631,473 968,157 1,915,014 1,095,116 2,407,716 831,719 1,513,476 789,936 2,836,069 712,274 1,604,165 694,251 2,957,145 1,312,116 2,761,242 1,167,218 4,228,106 1,981,205 3,237,461 1,383,006 6,592,834 State, county, and municipal obligations..................................................................................... Corporate b o n d s ............................................................................................................................. Other bonds, notes, and d eb e n tu re s........................................................................................... 373,810 9,293,507 1,194,941 857,353 1 1,086,004 1,370,862 907,013 10,026,920 1,713,867 882,620 10,560,303 1,856,557 1,488,631 13,503,561 2,329,685 2,301,574 15,781,623 3,019,191 Corporate s t o c k - to t a l.................................................................................................................... B a nk ............................................................................................................................................ Other............................................................................................................................................ 2,472,800 2,936,515 3,252,412 3,417,299 3,630,475 3,687,733 288,373 2,184,427 329,426 2,607,089 364,066 2,888,346 348,290 3,069,009 374,851 3,255,624 387,161 3,300,572 Federal funds sold and securities purchased under agreements to re s e ll.................................... 493,536 596,255 1,252,753 964,856 897,063 1,322,316 Other lo a n s -to ta l................................................................................................................................... Real estate lo a n s -to ta l.................................................................................................................... Construction loans .................................................................................................................... Secured by farmland ................................................................................................................. 56,066,722 54,222,077 60,950,481 59,094,330 65,870,714 63,946,513 67,449,217 65,339,748 70,812,040 68,371,859 75,990,422 72,820,626 736,386 41,656 1,002,712 51,459 1,090,262 51,160 821,250 49,185 824,494 48,239 854,499 46,364 13,532,344 10,923,517 13,031,229 13,388,433 11,413,769 14,804,568 12,828,775 11,728,249 17,087,533 12,052,069 11,501,239 18,275,751 11,587,451 11,342,670 20,123,915 11,147,343 11,221,051 23,393,029 1,396,791 7,136,586 7,423,568 1,399,794 8,265,926 8,767,669 1,523,751 9,416,887 10,219,896 1,688,126 10,076,268 10,875,860 1,949,245 10,693,613 11,802,232 2,428,166 10,874,242 12,855,932 Loans to domestic commercial and foreign banks................................................................ Loans to other financial in s titu tio n s ..................................................................................... Loans to brokers and dealers in se curities............................................................................ Other loans for purchasing or carrying se curities................................................................ Loans to farmers (excluding loans on real estate)................................................................ Commercial and industrial lo a n s ........................................................................................... Loans to individuals for personal e xpenditures................................................................... A ll other loans (including overdrafts)..................................................................................... 49,628 36,492 5,951 3,485 1,110 463,001 1,260,144 24,834 29,751 29,927 28,922 3,446 1,305 252,438 1,451,401 58,961 13,679 29,473 4,441 2,221 1,323 173,322 1,665,365 34,377 18,339 26,324 743 930 1,416 175,360 1,812,329 74,028 25,275 32,714 0 1,480 1,456 288,976 2,052,147 38,133 26,955 57,234 0 1,494 918 599,849 2,412,478 70,868 Total loans and s e c u ritie s .................................................................................................. 75,051,637 84,183,473 88,994,879 91,098,687 102,130,137 115,297,365 Secured by residential properties: Secured by 1- to 4-fam ily residential properties: Insured by Federal Housing Administration ............................................................. Guaranteed by Veterans Administration ................................................................... Not insured or guaranteed by FHA or VA ................................................................ Secured by m ulti family (5 or more) residential properties: Insured by Federal Housing Administration ............................................................. Not insured by F H A ..................................................................................................... Secured by other properties .............................................................................................. FEDERAL DEPOSIT INSURANCE CORPORATION Asset, lia b ility, or surplus account item Bank premises, furniture and fixtures, and other assets representing bank premises . . Real estate owned other than bank p re m ise s.................................................................. Investments in subsidiaries not consolidated........................................................................ Other assets........................................................................................................ 590,326 90,987 41,518 843,724 661,118 147,340 59,309 1,078,412 760,289 180,671 64,883 1,164,017 857,879 233,775 82,292 1,263,415 963,664 418,233 94,253 1,479,088 1,063,867 490,059 112,754 1,686,856 77,891,927 87,650,051 93,012,515 95,589,401 107,280,765 120,839,827 D e p o s its -to ta l.............................................................................................................. Savings and time d ep osits-tota l............................................................................ Savings deposits...................................................................... Deposits accumulated for payment o f personal loans....................................................... Fixed maturity and other time deposits .............................................................................. Demand deposits—t o t a l ........................................................................................ 71,500,831 70,818,051 80,571,993 79,781,381 84,890,128 84,008,571 86,814,415 85,904,825 98,126,107 97,133,340 110,998,759 109,895,767 57,644,100 80 13,173,871 60,573,427 25 19,207,929 57,591,849 476 26,416,246 56,497,626 295 29,406,904 62,050,661 430 35,082,249 682,780 790,612 881,557 909,590 992,767 1,102,992 975,996 (1) 100,045 875,951 1,114,469 22,757 98,980 992,732 1,609,538 26,089 445,901 1,137,548 1,952,443 217,561 667,256 1,067,626 1,815,359 108,715 465,279 1,241,365 1,865,047 69,118 356,329 1,439,600 Total lia b ilitie s ........................................................................................... 72,476,827 81,686,462 86,499,666 88,766,858 99,941,466 112,863,806 M inority interest in consolidated subsidiaries......................................................... 1 0 0 0 70 61 5,415,099 10,456 5,404,643 5,963,589 59,372 5,904,217 6,512,849 114,953 6,397,896 6,822,543 169,460 6,653,083 7,339,229 190,279 7,148,950 7,975,960 213,264 7,762,696 Miscellaneous lia b ilitie s -to ta l....................................................... , .................................................. Securities sold under agreements to repurchase........................................................................ Other borrow ings.................................................................................................... Other lia b ilitie s ............................................................................. Surplus a ccou nts-to tal......................................................................................................................... Capital notes and debentures.............................................................................................. Other surplus accounts........................................................................................... 67,295,029 1 42,600,737 PERCENTAGES Of total assets: Cash and balances w ith other b a n k s .................................................... U.S. Government and agency s e c u ritie s .......................................................................................... Other securities................................................................................... Loans (including Federal funds sold and securities purchased under agreements to resell). . . Other assets......................................................................................... Total surplus a ccounts................................................................................................. Of total assets other than cash and U.S. Government and agency securities: Total surplus a ccounts....................................................................................................... Number of b an ks...................................................................................... 1.7% 6.6 17.1 72.6 2.0 7.0 1.7% 7.3 18.5 70.2 2.2 6.8 2.0% 6.4 17.1 72.2 2.3 7.0 2.1% 6.2 17.5 71.6 2.5 7.1 2.0% 8.8 19.5 66.8 2.8 6.8 1.8% 10.9 20.5 64.0 2.8 6.6 7.6 7.5 7.6 7.8 7.7 7.6 327 326 322 320 329 329 ASSETS AND LIABILITIES OF BANKS Total liabilities and surplus accounts....................................................................................................... 1 Not reported separately prior to 1972. 249 T a b le 111. PERCENTAGES OF ASSETS, LIABILITIES, AND EQUITY CAPITAL OF INSURED COMMERCIAL BANKS 250 OPERATING THROUGHOUT 1976 IN THE UNITED STATES AND OTHER AREAS, DECEMBER 31, 1976 BANKS GROUPED BY AMOUNT OF A S S E T S Banks w ith assets o f Asset, lia b ility , or e q u ity capital item T o tal a s s e ts .......................................................................................... A ll banks Less than $5 m illio n $5.0 m illio n to $9.9 m illion $ 10.0 m illio n to $24.9 m illio n $25.0 m illio n to $49.9 m illio n $50.0 m illio n to $99.9 m illio n $ 100.0 m illio n to $299.9 m illio n $300.0 m illio n to $499.9 m illio n $500.0 m illio n to $999.9 m illio n $ 1.0 b illio n to $4.9 b illio n $5.0 b illion or more 100.0% 100.0% 10 0.0 % 10 0.0% 10 0.0 % 10 0.0% 10 0.0% 10 0.0% 10 0.0% 11.0 16.3 9.8 14.0 9.5 12.1 9.3 11.4 9.8 10.9 11.1 10.9 12.4 9.5 12.8 9.1 14.1 8.5 16.4 7.6 3.4 10.2 .7 8.6 5.3 .7 7.7 8.9 .5 6.4 12.1 .7 5.4 13.8 .8 4.9 13.9 .8 5.0 13.2 .9 3.3 12.1 .8 3.1 11.7 1.0 2.0 9.5 .7 1.2 5.8 .3 4.5 6.3 5.2 4.7 4.1 4.0 4.5 5.5 6.3 5.9 2.8 Loans, n e t ....................................................................................... Unearned income on loans.......................................................... Reserve fo r possible loan losse s................................................ Loans, g ro ss.................................................................................... Real estate l o a n s .................................................................... Loans to financial in s titu tio n s ............................................. Loans to purchase or carry secu ritie s................................ Loans to farm ers (excluding loans on real e state ). . . . C om m ercial and ind ustrial lo a n s ....................................... Instalm ent loans fo r personal e x p e n d itu r e s ................... Single paym ent loans fo r personal expenditures............. A ll othe r loans.......................................................................... 51.2 1.2 .6 53.1 14.9 3.6 1.5 2.3 17.6 9.3 2.4 1.4 49.0 1.3 .4 50.7 12.6 .2 .1 16.2 7.4 10.4 2.9 .8 51.0 1.4 .4 52.9 15.5 .2 .1 12.9 8.8 11.2 3.2 .9 51.5 1.7 .4 53.7 18.1 .2 .2 8.7 10.2 12.0 3.3 .9 51.5 1.8 .5 53.9 19.6 .3 .2 4.7 11.6 13.1 3.5 .8 51.8 1.8 .5 54.1 19.7 .4 .4 2.5 14.1 12.8 3.3 .8 50.4 1.6 .5 52.5 18.7 1.0 .6 1.2 15.7 11.8 2.7 .8 51.7 1.6 .6 54.0 17.2 1.4 .9 1.3 16.3 12.9 2.9 1.0 50.7 1.2 .5 52.5 15.9 2.8 1.4 .9 16.7 10.0 3.1 1.6 49.6 .9 .5 51.0 12.7 4.7 1.4 .7 19.6 7.9 2.2 1.8 52.6 .6 .7 54.0 9.7 8.0 3.4 .7 24.0 5.0 1.0 2.1 A ll othe r a s s e ts ................................ ................... 7.4 2.7 2.8 2.9 3.6 3.8 3.9 4.6 5.2 9.6 13.2 T otal lia b ilitie s and e q u ity c ap ital.................................................... 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 D e p o s its - to ta l............................................................................. D e m a n d ............................................................................. Time an d s a v in g s ............................................................. In dividuals, partnerships, and c o rp o ratio n s -d e m a n d . . In dividuals, partnerships, and c o rp o ra tio n s -tim e and savings.......................................................................... U.S. G o v e rn m e n t.................................................................... States and po litic a l subdivisions.......................................... Foreign governments and o ffic ia l in s titu tio n s ................ Com m ercial b a n k s ................................................................ C ertified and o ffic e r s 'c h e c k s ............................................. 82.0 33 .0 49.1 25.4 88.7 36.0 52.7 31.5 89.8 32.6 57.2 28.2 90.3 31.5 58.9 27.1 90.2 30 .5 59.7 26.4 89.5 30.9 58.5 26.5 88.0 31.9 56.1 25.9 85.8 33 .5 52.3 26.8 82.8 34.9 48 .0 27.2 77.3 33.9 43.4 26.2 73.6 34.3 39.3 22.2 42.4 .3 6.7 1.0 5.0 1.1 46.7 .3 9.1 (3 ) .3 .7 51.7 .4 8.4 (3 ) .2 .7 53.2 .4 8.5 (3 ) .2 .8 53.7 .5 8.3 (3 ) .3 .8 52.0 .5 8.5 (3 ) .9 .9 48.8 .4 9.1 .1 2.6 .9 44.9 .4 8.6 (3 ) 4.1 .9 41.6 .4 8.0 (3 ) 4.4 1.1 37.5 .3 6.3 .4 5.5 .9 32.0 .1 3.2 3.4 10.9 1.6 Federal funds purchased and securities sold under agreements to re p u rc h a s e .................................................... O ther lia b ilitie s fo r borrowed m o n e y....................................... A ll othe r lia b ilitie s 2 ....................................................................... Subordinated notes and debentures.......................................... E q u ity c a p ita l................................................................................ 6.9 .5 2.9 .5 7.1 .2 (3 ) .6 (3 ) 10.4 .3 (3 ) .7 (3 ) 9.0 .4 (3 ) 1.1 .1 8.0 .6 (3 ) 1.3 .2 7.6 1.3 (3 ) 1.3 .3 7.5 2.9 .1 1.4 .4 7.1 5.2 .1 1.5 .4 6.9 7.8 .2 1.9 .6 6.6 11.6 .5 3.1 .7 6.6 12.0 1.2 5.6 .5 6.9 N um ber o f b a n k s ................................................................................ 14,249 1,309 721 145 108 107 18 1,399 2,826 4,975 2,641 S e c u ritie s held in trading accounts are included in "O th e r assets." in c lu d e s m in o rity interest in consolidated subsidiaries. 3 Less than 0.05 percent. N ote: For income and expense data by size o f bank, see tables 117 and 118. Assets and liab ilities (in $000) o f insured com mercial banks by size o f bank are contained in Assets and L ia b ilitie s -C o m m e rc ia l and M u tu a l Savings Banks (w ith 1976 Report of Incom e), December 31, 1976. INSURANCE CORPORATION 100.0% 12.9 9.6 FEDERAL DEPOSIT 10 0.0% Cash and due from b a n k s .......................................................... U.S. Treasury securities1 ............................................................. Obligations o f othe r U.S. G overnm ent agencies and co rp o ra tio n s1.................................................................... Obligations o f States and po litic a l subdivisions1 ................ O ther securities1 .......................................................................... Federal funds sold and securities purchased under agreements to resell................................................................ Table 112. PERCENTAGES OF ASSETS AND LIABILITIES OF INSURED MUTUAL SAVINGS BANKS OPERATING THROUGHOUT 1976 IN THE UNITED STATES (STATES AND OTHER AREAS), DECEMBER 31, 1976 BANKS GROUPED BY AMOUNT OF ASSETS Banks w ith assets o f— Asset, lia b ility, or surplus account item Total a ssets.............................................. All banks1 Less than $10.0 million $10.0 million to $24.9 m illion $25.0 m illion to $49.9 m illion $50.0 m illion to $99.9 m illion $100.0 m illion to $299.9 m illion $300.0 million to $499.9 m illion $500.0 million to $999.9 million $1 billion or more 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 100.0% 1.8 10.9 13.1 1.9 5.6 4.2 14.6 10.1 .1 4.8 2.4 10.9 7.2 .8 5.6 2.5 10.1 9.2 1.0 5.6 1.8 10.4 7.3 1.0 5.9 2.0 10.7 9.3 1.6 5.3 1.9 13.1 10.3 2.0 4.7 1.6 11.1 11.9 1.8 5.0 1.8 10.5 15.7 2.1 6.0 1.1 2.2 1.6 1.5 1.9 1.5 1.7 1.4 .7 Other loans and d iscounts............................................................. Real estate lo a n s -to ta l................................................................... Construction loans ................................................................... Secured by farmland ................................................................ 62.9 60.3 .7 (2) 61.8 56.6 70.0 65.1 67.9 63.4 69.2 65.0 67.0 63.6 63.7 60.9 64.3 61.9 60.3 58.0 .4 .4 .5 .5 1.0 .2 1.5 .2 .9 (2) (2) Secured by residential properties: Insured by FHA ................................................................... Guaranteed by I/ A ............................................................. Not insured or guaranteed by FHA or VA ..................... Secured by other properties .................................................... .6 (2) 11.2 9.3 28.4 10.6 4.3 .6 44.1 6.8 1.8 4.6 49.5 8.1 2.5 3.0 50.2 6.5 5.9 5.9 43.0 7.5 10.7 10.1 31.1 8.1 11.9 9.7 30.1 9.6 13.4 10.4 20.8 12.9 Commercial and industrial lo a n s ................................................. Loans to individuals fo r personal expe nd itu re s........................ A ll other loans including overdrafts.............................................. .5 2.0 .1 .5 4.7 .1 .5 4.3 .2 .2 4.1 .2 4.1 5.0 47.5 6.5 .2 .2 3.0 .1 .2 2.3 .2 .3 2.0 .1 .7 1.4 .1 Other assets.......................................................................... 3.9 .2 1.3 .5 (2) 2.8 2.1 1.5 2.3 2.5 2.6 2.6 2.9 2.9 Total liabilities and surplus accounts................................................. 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 100.0 Deposits—t o t a l ................................................................................ Savings deposits......................................................................... 91.9 91.6 92.2 91.5 91.4 91.9 91.9 91.9 91.9 55.7 76.3 58.3 59.3 58.9 56.1 57.4 59.1 (2) (2) (2) (2) (2) (2) (2) (2) (2) 35.3 .9 15.3 .1 33.2 .7 31.7 .6 31.8 .8 35.0 .8 33.7 .8 31.5 1.3 37.7 .8 Deposits accumulated for payment of personal loans. . . . Fixed maturity and other time deposits .............................. Demand deposits...................................................................... 53.3 Miscellaneous liabilities................................................................... 1.5 .4 .9 1.0 1.2 1.3 1.1 1.3 1.9 Surplus a c cou nts............................................................................ Capital notes and debentures................................................. Other surplus accounts............................................................. 6.6 .2 8.0 .7 6.9 7.5 6.8 6.9 6.8 6.3 6.4 7.2 .3 6.6 .1 7.5 7.4 .7 7.3 .1 6.7 .1 6.9 .1 6.7 .2 6.0 329 6 13 48 82 82 30 36 32 Number of b anks............................................................................. 1 Dollar amounts of assets and liabilities of all mutual savings banks are shown in Assets and Liabilities-Commercial and Mutual Savings Banks (with 1976 Report of Income), December 31, 1976. 2Zero or less than 0.05 percent. ASSETS AND LI ABI LITI ES OF BANKS 100.0% Cash and due from b a n k s ............................................................. United States Government and agency securities..................... Corporate b o n d s ............................................................................ State, county, and municipal o b lig a tio n s ................................. Other securities............................................................................... Federal funds sold and securities purchased under agreements to resell.................................................... 252 Table 113. DISTRIBUTION OF INSURED COMMERCIAL BANKS IN THE UNITED STATES (STATES AND OTHER AREAS), DECEMBER 31, 1976 BANKS GROUPED ACCORDING TO AMOUNT OF ASSETS AND BY RATIOS OF SELECTED ITEMS TO ASSETS OR DEPOSITS All banks Less than $5 million $5.0 million to $9.9 million $10.0 million to $24.9 million $25.0 million to $49.9 million $50.0 million to $99.9 million $100.0 million to $299.9 million $300.0 million to $499.9 m illion $500.0 m illion to $999.9 m illion $1.0 billion to $4.9 billion $5.0 billion or more Ratios of cash and due from banks to total assets o f Less than 5............................................................................. 5.0 to 7.49............................................................................. 7.5 to 9 .9 9 ............................................................................. 10.0 to 1 2 .4 9 ....................................................................... 12.5 to 1 4 .9 9 ....................................................................... 15.0 to 1 7 .4 9 ....................................................................... 17.5 to 1 9 .9 9 ....................................................................... 20.0 to 24.99 ....................................................................... 25.0 to 29.99 ....................................................................... 30.0 or more.......................................................................... 1,183 3,847 3,853 2,349 1,319 781 447 395 118 119 126 328 350 213 144 112 66 90 42 44 267 825 704 436 247 150 94 83 26 25 451 1,423 1,374 792 428 234 131 99 27 25 196 795 755 437 224 112 57 52 9 5 92 325 396 240 117 65 33 28 7 8 39 128 199 156 79 56 34 22 2 9 6 11 41 29 22 16 7 8 3 2 2 11 18 21 29 13 9 4 1 0 4 0 16 20 27 18 15 7 0 0 0 1 0 5 2 5 1 2 1 1 Ratios of U.S. Treasury securities to total assets o f Less than 5............................................................................. 5.0 to 9 .9 9 ............................................................................. 10.0 to 1 4 .9 9 ....................................................................... 15.0 to 1 9 .9 9 ....................................................................... 20.0 to 24.99 ....................................................................... 25.0 to 29.99 ....................................................................... 30.0 to 34.99 ....................................................................... 35.0 to 39.99 ....................................................................... 40.0 to 44.99 ....................................................................... 45.0 to 49.99 ....................................................................... 50.0 or more.......................................................................... 2,823 4,063 3,103 1,854 1,097 639 356 192 117 77 90 270 308 268 204 141 110 72 32 42 25 43 473 726 581 381 287 172 107 52 31 22 25 1,037 1,398 1,084 649 356 216 112 65 30 20 17 518 823 617 351 170 84 34 28 6 7 4 281 416 307 157 82 31 19 12 5 1 0 141 243 173 85 45 23 9 1 1 2 1 40 54 28 12 9 0 0 2 0 0 0 24 49 21 7 2 1 2 0 2 0 0 31 42 19 7 5 2 1 0 0 0 0 8 4 5 1 0 0 0 0 0 0 0 FEDERAL DEPOSIT INSURANCE CORPORATION Banks w ith assets of Ratios (In percent) 1,186 446 537 968 1,403 1,735 2,018 2,024 1,521 1,115 1,044 414 440 181 174 178 169 107 89 66 43 31 27 10 417 104 162 289 372 397 343 306 161 130 116 60 287 93 132 291 465 637 797 736 566 414 406 160 22 41 43 106 193 286 387 500 388 295 271 110 17 12 11 48 89 146 191 244 213 151 139 50 3 11 13 24 48 94 136 126 115 70 66 18 0 2 1 12 14 21 33 20 15 14 11 2 0 2 0 5 17 17 21 19 14 5 4 4 0 0 1 10 26 28 21 6 6 5 4 0 0 0 0 5 10 2 0 1 0 0 0 0 Ratios of net loans to total assets o f Less than 2 0 .......................................................................... 20.0 to 24.99 ...................................................................... 25.0 to 29.99 ...................................................................... 30.0 to 34.99 ...................................................................... 35.0 to 39.99 ...................................................................... 40.0 to 44.99 ...................................................................... 45.0 to 49.99 ...................................................................... 50.0 to 54.99 ...................................................................... 55.0 to 59.99 ....................................................................... 60.0 to 64.99 ...................................................................... 65.0 to 69.99 ...................................................................... 70.0 to 74.99 ...................................................................... 75.0 or more......................................................................... 202 203 430 664 1,076 1,550 2,056 2,368 2,457 1,863 1,013 387 142 71 54 96 101 152 146 168 172 197 151 117 59 31 52 47 104 149 237 316 370 412 412 357 238 106 57 51 67 129 229 361 528 702 799 846 693 387 154 38 18 18 62 98 180 292 406 482 484 382 168 42 10 4 10 22 46 76 132 221 264 282 167 66 18 3 5 6 14 27 51 87 117 152 149 80 30 5 1 0 0 2 8 4 12 27 36 38 13 4 1 0 1 0 0 5 7 15 17 24 28 9 1 0 1 0 1 1 1 8 20 22 25 16 9 1 2 1 0 0 0 0 0 2 6 2 5 2 1 0 0 Ratios of total demand deposits to total deposits o f Less than 2 5 .......................................................................... 25.0 to 29.99 ...................................................................... 30.0 to 34.99 ...................................................................... 35.0 to 39.99 ....................................................................... 40.0 to 44.99 ...................................................................... 45.0 to 49.99 ....................................................................... 50.0 to 54.99 ....................................................................... 55.0 to 59.99 ...................................................................... 60.0 to 64.99 ...................................................................... 65.0 to 69.99 ....................................................................... 70.0 to 79.99 ....................................................................... 80.0 to 89.99 ...................................................................... 90.0 or more.......................................................................... 2,085 2,537 2,893 2,494 1,791 1,170 651 273 190 100 81 41 105 109 199 275 232 199 153 105 59 39 31 32 18 64 395 504 575 478 366 237 120 50 44 32 18 8 30 800 907 1,024 874 576 383 222 88 50 24 18 10 8 448 529 558 455 336 174 84 32 18 3 3 2 0 211 246 256 259 148 108 44 17 12 6 3 1 0 104 116 156 132 90 63 32 13 7 1 5 2 3 8 21 18 27 36 15 11 2 6 0 1 0 0 7 6 18 15 18 18 13 3 10 0 0 0 0 3 8 11 18 20 17 17 8 4 1 0 0 0 0 1 2 4 2 2 3 1 0 2 1 0 0 253 ASSETS AND LIABILITIES OF BANKS Ratios of obligations of States and political subdivisions to total assets o f Z e r o ...................................................................................... More than 0.0, but less than 1.0........................................ 1.0 to 2.49............................................................................. 2.5 to 4 .9 9 ............................................................................. 5.0 to 7.49............................................................................. 7.5 to 9 .9 9 ............................................................................. 10.0 to 1 2 .4 9 ...................................................................... 12.5 to 1 4 .9 9 ...................................................................... 15.0 to 1 7 .4 9 ...................................................................... 17.5 to 1 9 .9 9 ...................................................................... 20.0 to 24.99 ...................................................................... 25.0 or more......................................................................... 254 Table 113. DISTRIBUTION OF INSURED COMMERCIAL BANKS IN THE UNITED STATES (STATES AND OTHER AREAS), D EC E M B E R 31, 1 9 7 6 - C O N T I N U E D BANKS GROUPED ACCORDING TO AMOUNT OF ASSETS AND BY RATIOS OF SELECTED ITEMS TO ASSETS OR DEPOSITS Banks w ith assets of Ratios (In percent) banks $5.0 million to $9.9 million $10.0 million to $24.9 million $25.0 million to $49.9 m illion $50.0 million to $99.9 million $100.0 million to $299.9 million $300.0 m illion to $499.9 m illion $500.0 m illion to $999.9 million $1.0 billion to $4.9 billion $5.0 billion or more Ratios of total equity capital to total assets o f Less than 5............................................................................. 5.0 to 5.99............................................................................. 6.0 to 6 .99............................................................................. 7.0 to 7.99............................................................................. 8.0 to 8 .99............................................................................. 9.0 to 9 .99............................................................................. 10.0 to 1 0 .9 9 ....................................................................... 11.0 to 1 1 .9 9 ....................................................................... 12.0 to 1 2 .9 9 ....................................................................... 13.0 to 1 4 .9 9 ....................................................................... 15.0 to 1 6 .9 9 ....................................................................... 17.0 or more.......................................................................... 403 1,174 2,728 3,464 2,547 1,469 874 547 331 341 169 364 13 30 128 231 228 189 131 99 87 102 57 220 27 129 432 608 531 346 225 163 106 127 61 102 122 375 980 1,271 942 547 319 186 96 75 38 33 79 258 590 757 479 241 124 57 27 20 7 3 60 166 304 358 221 91 57 27 10 10 3 4 60 125 185 178 102 36 15 12 1 5 3 2 17 32 31 24 25 10 0 2 2 2 0 0 14 24 34 21 7 5 1 0 2 0 0 0 7 32 39 14 10 3 2 0 0 0 0 0 4 3 5 2 2 1 0 1 0 0 0 0 Ratios of total equity capital to total assets other than cash and due from banks, U.S. Treasury securities, and obligations of other U.S. Government agencies and corporations o f— Less than 7 . 5 ....................................................................... 7.5 to 9 .99............................................................................. 10.0 to 1 2 .4 9 ....................................................................... 12.5 to 1 4 .9 9 ....................................................................... 15.0 to 1 7 .4 9 ....................................................................... 17.5 to 1 9 .9 9 ....................................................................... 20.0 to 22.49 ...................................................................... 22.5 to 24.99 ....................................................................... 25.0 to 29.99 ....................................................................... 30.0 to 34.99 ....................................................................... 35.0 to 39.99 ....................................................................... 40.0 or more.......................................................................... 971 4,350 4,177 2,151 1,059 550 327 203 250 106 82 185 21 151 286 225 195 128 88 65 111 48 51 146 72 567 790 553 309 191 114 83 91 42 20 25 289 1,571 1,580 808 364 171 94 44 32 14 8 9 215 1,033 871 327 122 35 18 5 12 1 2 1 156 535 393 149 44 16 8 4 4 1 1 0 128 309 184 68 18 7 5 1 0 0 0 4 35 57 38 8 4 2 0 1 0 0 0 0 24 60 17 5 2 0 0 0 0 0 0 0 27 58 15 6 1 0 0 0 0 0 0 0 4 9 3 2 0 0 0 0 0 0 0 0 Number of b anks....................................................................... 14,411 1,515 2,857 4,984 2,642 1,311 724 145 108 107 18 FEDERAL DEPOSIT INSURANCE CORPORATION Less than $5 m illion INCOME OF INSURED BANKS Table 114. Table 115. Table Table Table Table INCOME OF INSURED Table Income of insured commercial banks in the United States (States and other areas), 1971-1976 Ratios of income of insured commercial banks in the United States (States and other areas), 1971-1976 116. Income of insured commercial banks in the United States (States and other areas), 1976 Banks grouped by class o f bank 117. Income of insured commercial banks operating throughout 1976 in the United States (States and other areas) Banks grouped by amount o f assets 118. Ratios of income of insured commercial banks operating throughout 1976 in the United States (States and other areas) Banks grouped according to amount o f assets 119. Income of insured mutual savings banks in the United States (States and other areas), 1971-1976 120. Ratios of income of insured mutual savings banks in the United States (States and other areas), 1971-1976 BANKS The income data received and published by the Corporation relate to iaries and other nonbank subsidiaries that were significant according to cer tain tests. Beginning in 1976, the consolidated income report must include comm ercial and m utual savings banks insured by the Corporation. also all m ajority-ow ned Edge A c t and Agreement Corporations, and all Com mercial banks m ajority-ow ned significant foreign subsidiaries and associated companies to Banks having assets o f $25 m illio n or more are required to report con the extent th a t the income o f such subsidiaries is rem ittable. solidated income accounts on an accrual basis. Where the results w ould not Banks were required to report income and expenses more frequently be sig n ifica n tly d iffe re n t, certain accounts may be reported on a cash basis. beginning in 1976. Banks having assets o f $300 m illio n or more subm it Smaller banks continue to have the o p tio n of subm itting their reports on a quarterly statements and other insured banks subm it semiannual reports. In cash or an accrual basis, except th a t unearned discount on instalment loans, this report, income data are included fo r all insured banks operating at the and income taxes, must be reported on an accrual basis. end of the respective years, unless indicated otherwise. In addition, when Prior to 1976, insured banks were required to subm it a consolidated appropriate, adjustments have been made fo r banks in operation during part Report of Income, including all m ajority-ow ned domestic premises subsid of the year but not at the end o f the year. 255 256 R E P O R T IN G O F LOSSES A N D R E S E R V E S FO R LOSSES O N L O A N S , 1948 - 1976 Commercial banks Use of the reserve method of loan accounting was greatly encouraged when, in 1947, the Internal Revenue Service set form al standards fo r loan loss transfers to be perm itted fo r Federal tax purposes. In their reports subm itted to the Federal bank supervisory agencies p rio r to 1948, insured commercial banks included in non-operating income the amounts o f recov eries on loans (applicable to p rio r charge-offs fo r losses) w hich included, fo r CO RPORATION National banks and State banks in the D istrict o f Colum bia not members of the Federal Reserve System: O ffice o f the C om ptroller o f the Currency. State bank members of the Federal Reserve System: Board o f Governors of the Federal Reserve System. Other insured banks: Federal Deposit Insurance Corporation. INSURANCE For a discussion o f the report o f income and expenses fo r mutual savings banks p rio r to 1971, see the 1951 Annual R eport, pp. 50-52. Beginning December 31, 1971, income and expenses fo r mutual savings banks are reported on a consolidated basis in the same manner as required o f comm ercial banks, including all domestic branches, domestic bank premises subsidiaries, and o ther significant nonbanking domestic subsidiaries (see page 255). Beginning in 1972, banks w ith total resources o f $25 m illio n or more are required to prepare th e ir reports on the basis o f accrual accounting. A ll Sources of data DEPOSIT Mutual savings banks banks are required to report income taxes on an accrual basis. Under operating income, certain income from securities fo rm e rly in the "o th e r" category are shown separately beginning in 1971. Income from U.S. Treasury securities is combined w ith income from U.S. Government agency and corporation securities. Somewhat fewer items are detailed under oper ating expenses. Beginning in 1971, actual net loan losses (charge-offs less recoveries) are included as an expense item in the operating section o f the report (see discussion below). In 1970 and p rio r years (table 119), the amounts shown fo r this expense item were "Recoveries credited to valuation adjustment provisions on real estate mortgage loans" less the "realized losses charged to valuation adjustment provisions on [these] loans," which were reported in those years in the memoranda section. The nonoperating sections of the report were condensed in 1971, w ith realized gains and losses on securities, mortgage loans, and real estate re ported " n e t" rather than in separate sections and captions as before. De tailed data fo rm e rly reported on reconcilement of valuation adjustment provisions were almost e ntirely elim inated, except fo r a simple reconciliation o f surplus. FEDERAL Several changes were made in 1976 in the fo rm a t of the income reports subm itted by banks, m ainly involving additional separate items on the face o f the report. Those changes are indicated in several historical data tables to fo llo w , w ith explanatory notes where necessary. In 1976, the m ethod used fo r determ ining “ Provision fo r possible loan losses” was changed sig n ifica n tly. Also, beginning in 1976, "m em oranda" data in table 114 and elsewhere on charge-offs and recoveries to loan loss reserves include also the gross charge-offs and recoveries on loans by banks not on a reserve basis o f accounting (see pp. 257). "A p p lic a b le incom e taxes" on income before securities gains or losses is an estimate o f the tax lia b ility th a t a bank w o u ld incur if its taxes were based solely on operating income and expenses; that is, if there were no security gains or losses, no extra o rd in ary items, etc. The amount reported by each bank consists o f Federal, State and local, and foreign income taxes, estimated using the tax rates applicable to the reporting bank. Income taxes cu rre n tly payable, and deferred income taxes, are included. The memoranda item " to ta l provision fo r income taxes" includes applic able taxes on operating income, applicable taxes on securities gains and losses and e xtra o rd in ary items, and tax effects on differences between the provision fo r loan losses charged to operating expense and transfers to the reserve fo r bad debt losses on loans. For banks generally the transfers to reserve fo r bad debts have exceeded the provision fo r loan losses and conse q u e ntly have tended to reduce tax lia b ility . (Since enactment of the Tax Reform A c t o f 1969, additions to loan loss reserves fo r Federal tax purposes have been subject to a schedule o f lim ita tio n s th a t w ill eventually put these reserves on a current experience basis.) Mutual savings banks While m utual savings banks reported loan losses and transfers to loss reserves p rio r to 1951, the C orporation's published statistics did not show these data separately, as was the case also fo r recoveries and transfers from reserves. When the reporting form was revised extensively in 1951, these various nonoperating expenses were item ized, and a memoranda section was added to show also the losses and recoveries in reserve accounts. "R ealized" losses (and recoveries) fo r which no provision had been made, and transfers were included in the nonoperating expense (income) section, while direct write-downs and other loan losses fo r which provision had been made, were reported separately in a memoranda account. Follow ing 1951, the loan loss section o f the reports of condition and income and expense remained unchanged un til 1971. Beginning in 1971, the income report was revised in a manner sim ilar to changes in 1969 applicable to commercial banks, to show actual net loan losses as operating expenses. (Mutual savings banks did not have the o p tio n available to commercial banks of reporting losses based on recent years average experience.) A t the same tim e, all valuation reserves were merged into surplus accounts on statements o f co n d itio n subm itted to the Federal supervisory agencies. BANKS 257 o f the formulas was discontinued. Banks are instructed to expense an amount which in the judgm ent o f bank management w ill maintain an ade quate reserve, and to provide a fu lly reviewable record fo r bank examination purposes o f the basis fo r the determ ination o f the loan-loss provision. Also beginning in 1976, banks not on a reserve basis report gross chargeoffs and recoveries; the difference—net losses—is reported as the "provision fo r loan losses" in operating expenses. Banks continue to report all transfers to and from reserves in the memoranda section of the income statement, but this detailed in fo rm a tio n is not included in the tables to fo llo w . INCOME OF INSURED banks using the reserve m ethod, transfers from loan loss reserves. Direct charge-offs and losses on loans, and transfers to reserves were included to gether in non-operating expenses. Banks using the reserve method were not required to report separately th e ir actual losses, that is, charges against loan loss reserves. (In statements o f c o n d itio n p rior to 1948, insured banks re ported loans on a net basis o n ly, after allowance fo r loan loss reserves. Beginning w ith th