Regulatory Matters

9 Months Ended

Sep. 30, 2023

Regulatory Matters

Regulatory Matters

NOTE 18 Regulatory Matters

The Company and the Bank are subject to various regulatory capital requirements administered by the federal banking agencies. Failure to meet minimum capital requirements can initiate certain mandatory and possibly additional discretionary actions by regulators that, if undertaken, could have a direct material effect on the Company’s consolidated financial statements.

Quantitative measures established by regulation to ensure capital adequacy require the Company and the Bank to maintain minimum amounts and ratios (set forth in the following table) of common equity tier 1, tier 1, and total capital (as defined in the regulations) to risk weighted assets (as defined) and of tier 1 capital (as defined) to average assets (as defined). Management believes at September 30, 2023 and December 31, 2022, each of the Company and the Bank had met all of the capital adequacy requirements to which it was subject.

The following table presents the Company’s and the Bank’s actual capital amounts and ratios as of September 30, 2023 and December 31, 2022:

	September 30, 2023
										Minimum to be
						Requirements				Well Capitalized
						for Capital				Under Prompt
	Actual				Adequacy Purposes				Corrective Action
(dollars in thousands)	Amount		Ratio		Amount		Ratio		Amount		Ratio
Common equity tier 1 capital to risk weighted assets
Consolidated	$	402,118	13.01	%	$	139,056	4.50	%	$	N/A	N/A
Bank		391,239	12.68	%		138,838	4.50	%		200,544	6.50	%
Tier 1 capital to risk weighted assets										.
Consolidated		411,046	13.30	%		185,408	6.00	%		N/A	N/A
Bank		391,239	12.68	%		185,117	6.00	%		246,823	8.00	%
Total capital to risk weighted assets
Consolidated		497,554	16.10	%		247,210	8.00	%		N/A	N/A
Bank		427,747	13.86	%		246,823	8.00	%		308,529	10.00	%
Tier 1 capital to average assets
Consolidated		411,046	11.14	%		147,625	4.00	%		N/A	N/A
Bank		391,239	10.72	%		146,043	4.00	%		182,554	5.00	%

	December 31, 2022
										Minimum to be
						Requirements				Well Capitalized
						for Capital				Under Prompt
	Actual				Adequacy Purposes				Corrective Action
(dollars in thousands)	Amount		Ratio		Amount		Ratio		Amount		Ratio
Common equity tier 1 capital to risk weighted assets
Consolidated	$	389,335	13.39	%	$	130,862	4.50	%	$	N/A	N/A
Bank		370,749	12.76	%		130,791	4.50	%		188,920	6.50	%
Tier 1 capital to risk weighted assets										.
Consolidated		398,179	13.69	%		174,482	6.00	%		N/A	N/A
Bank		370,749	12.76	%		174,388	6.00	%		232,517	8.00	%
Total capital to risk weighted assets
Consolidated		479,325	16.48	%		232,643	8.00	%		N/A	N/A
Bank		401,895	13.83	%		232,517	8.00	%		290,646	10.00	%
Tier 1 capital to average assets
Consolidated		398,179	11.25	%		141,514	4.00	%		N/A	N/A
Bank		370,749	10.48	%		141,440	4.00	%		176,800	5.00	%

The Bank is subject to certain restrictions on the amount of dividends that it may pay without prior regulatory approval. The Company and the Bank are subject to the rules of the Basel III regulatory capital framework and related Dodd-Frank Wall Street Reform and Consumer Protection Act rules. The rules include a 2.5 percent capital conservation buffer that is added to the minimum requirements for capital adequacy purposes. A banking organization with a conservation buffer of less than the required amount will be subject to the limitations on capital distributions, including dividend payments and certain discretionary bonus payments to executive officers. As of September 30, 2023, the capital ratios for the Company and the Bank were sufficient to meet the conservation buffer. In addition, the Company must adhere to various U.S. Department of Housing and Urban Development, or HUD, regulatory guidelines including required minimum capital and liquidity to maintain their Federal Housing Administration approval status. Failure to comply with the HUD guidelines could result in withdrawal of this certification. As of September 30, 2023 and December 31, 2022, the Company was in compliance with the aforementioned guidelines.