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UNITED STATES OF AMERICA BEFORE TIIE BOARD OF GOVERNORS OF TIIE FEDERAL RESERVE SYSTEM WASHINGTON, D.C. WEST VIRGINIA DIVISION OF BANKING CIIARLBSTON, WEST VIRGINIA Written Agreement by and among PUTNAM COUNTY BANK Hurricane, West Virginia FEDERAL RESERVE BANK OF RICl IMOND Richmond, Virginia and WEST VIRGINIA DIVISION OF BANKING Charleston, West Virginia WHEREAS, after being advised of deficiencies identified by the Federal Reserve Bank of Richmond (the “Reserve Bank”) and the West Virginia Division of Banking (the “Division”), the Putnain County Bank, I lurricane, West Virginia (the “Bank”), a state chartered bank that is a member of the Federal Reserve System, is taking corrective measures to enhance aiid improve its pi-ograms aud procedures for complying with the Currency and Forcigii Transactions Reporting Act (31 U.S.C. 53 1 I g t s.) (tlie Bank Secrecy Act (tlie “BSA”)) and the rules and regulations issued thereunder by the U.S. Department ofthe Treasury (31 C.F.R. Part 103), and with the anti-money laundering (“AML”) provisions of Regulation H (12 C.F.R. 208.62 aud 208.63) of the Board of Governors of the Federal Reserve System (the “Board of Governors”); WHEREAS, this Written Agreement (the “Agreement”) is being executed to ensure that the Bank continues to make progress in its efforts to enhance and strengthen its programs and procedures for complying with such laws, rules, and rcgulations; and WHEREAS, on Ah,, I‘? , 2003, the Bank’s board ofdircctors, at a duly constituted meeting, adopted a resolution authorizing and directing J.R. Wilson, President and Chief Executive Officer of the Bank, to enter into this Agreement on behalf of the Bank, and consenting to compliance by the Bank and its institution-affiliated parties, as defined in section 3(u) of the Federal Deposit Insurance Act, as aincnded (the “FDI Act”) (12 U.S.C. 1813(u)), with each and every provision of this Agreement. NOW, THEREFORE, the Bank, the Reserve Bank, and the Division agree as follows: Batik Secrecy Act and Regulation H Compliance 1. Within 60 days of this Agreement, the Bank shall submit to the Reserve Bank and the Division an acceptable written program designed to improve the Bank’s system of internal controls to ensure compliance with all applicable provisions of the BSA and the rules and regulations issued thereunder, as required by section 208.63 of Regulation H of the Board of Governors (12 C.F.R. 208.63). The program shall include procedures to identify and incorporate, on an ongoing basis, the requirements of any amendments to the BSA or the rules and regulations issued thereunder. The program, at a minimum, shall provide for: (a) Adequate AMI, and other internal controls to ensure compliance with the I3SA and the rules and regulations issued thereunder, including an effective system that is designed to ensure conipliance with the recordkeeping and reporting requirements for cui-rency transactions over $10,000 (31 C.F.R. 103.22) and that is capable of aggregating multiple cash transactions for appropriate business periods and identifying any cash tl-aiisactions, including L deposits, withdrawals, and exchanges, that may have been structured to avoid currency transaction reporting requirements; and (b) independent review of compliance with the BSA and the rules and regulations issued thereunder and ensure that comprehensive compliance audits are performed frequently, are fully documented, and are conducted with appropriate segregation of duties, and are reviewed at an appropriate senior level. Suspicious Activity and Customer Due Diligence 2. Within 60 days of this Agreement, the Bank shall submit to the Reserve Bank and the Division an acceptable written customer due diligence program designed to reasonably ensure the identification and timely, accurate, and complete reporting of all known or suspected violations of law and suspicious activities against or involving the Bank to law enforcement and supervisory authorities as required by the suspicious activity reporting provisions of Regulation 1.1 of the Board of Governors (12 C.F.R. 208.62). At a minimum, the program shall include: (a) An effective system to ensure that all known or suspected violations of law and suspicious activities are properly identified and reported; (b) a risk-focused assessnient of the Bank’s customer base to: (i) (ii) (c) identify the categories of customers whose transactions and banking activities are routine and usual; and determine the appropriate level of enhanced due diligence necessary for those categories of customers that the Bank has reason to believe pose a heightened risk of illicit activities at or through the Bank; and for those customers whose transactions require enhanced due diligence, additioiial procedures to: 3 (i) (ii) (iii) determine the appropriate documentation necessary to confirm the business activities of the customer; understand the nonnal and expected transactions of the customer; and report known or suspected violations of law and suspicious activities in conipliance with the reporting requirements set forth i n Regulation I1 of the Board of Governors (12 C.F.R. 208.62). Approval of Programs and Plan 3. The written programs required by paragraphs 1 and 2 of this Agrecnient shall be submitted to the Reserve Bank and the Division for review and approval. Acceptable programs shall be submitted within the time periods set forth i n this Agreement. The Bank shall adopt the approved programs within I0 days of approval by the Reserve Bank and the Division and then shall fully comply with them. During the term ofthis Agreement, the Bank shall not amend or rescind the approved programs without the prior written approval of the Reserve Bank and the Division. Communications 4. All communications regarding this Agreement shall be sent to: (a) Eugene W. Johnson, Jr. Vice President Banking Supervision and Regulation Federal Reserve Bank of Richmond Post Office Box 27622 Richmond, Virginia 23261 (b) Larry A. Stark Commissioner West Virginia Division of Banking 1900 Kanawha Boulevard, East Building #3, Room 3 I 1 Charleston, WV 25305-0240 (c) J. R. Wilson President and Chief Exccutive Officcr I’utnatn County Bank P.O. I3ox 308 IIurricane, West Virginia 25526 4 Miscellaneous 5. Notwithstanding any provision of this Agreement to the contrary, the Reserve Bank and the Divisioii may, in their sole discretion, grant written extensions of time to the Bank to comply with any provision of this Agreement. 6. The provisions of this Agreement shall be binding upon the Bank and all of its institution-affiliated parties, in their capacities as such, and their successors and assigns. Each provision of this Agreement shall remain effective and enforceable until 7. stayed, modified, terminated or suspended by the Reserve Bank and the Division. The provisions of this Agreement shall not bar, estop or otherwise prevent the 8. Board of Governors, the Reserve Bank, the Division or any other federal or state agency from taking any other action affecting the Bank or any of its current or former institution-affiliated parties and their successors and assigns. 9, This Agreement is a “written agreement” for the purposes of, and is enforceable by the Board of Govcriiors as an order issued under, section 8 of the FDI Act (12 U.S.C. 181X). IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of Putnam County Bank /’. c -~-., ’, By: /’ i->. G!. ,,,..I\,i’ .‘:../,.y ( t L J.R. Wilson President and CEO 5