Imágenes de páginas
PDF
EPUB

38.

1975

39.

40.

41.

42.

43.

44.

45.

· 6

An Agreement to eliminate transactions between affiliated
corporations and individuals.

An Agreement to eliminate various unsafe and unsound
banking practices including excessive amounts of criticized
assets and the establishment of policies to eliminate unsafe
practices. Elimination of violations of various statutes
uncluding 12 United States Code $84. Establishment of pro-
cedures to closely evaluate transactions between the directors,
employees and their related interests.

An Agreement to take corrective action relating to criticized
assets. Establishment of procedures to strengthen
capital. Removal of bank personnel responsible for the
problems in the bank.

An Agreement to eliminate various unsafe and unsound
banking practices including concentrations of credit as well
as the elimination of violations of law. The adoption of

a new loan policy as well as the hiring of additional lending
officers.

An Agreement to eliminate self-dealing, insider extensions of credit to affiliates and closely related individuals. Various provisions to eliminate unsafe and unsound practices and violations of law.

An Agreement to eliminate participation of loans with
affiliates and violations of various law, rules and regulations
including 12 United States Code SS84, 161, 371c and to
eliminate unsafe and unsound banking practices.

A Notice of Charges and a Permanent Cease and Desist Order
for a failure to conform to an agreement which required

compliance with various laws including 12 United States Code
$84 and inadequate and unsafe practices requiring

an independent audit, additional capital and a new chief
executive officer.

An Agreement to eliminate various violations of law including
12 United States Code $84 and to eliminate statutorily
proscribed tying agreements in violation of 12 United
States Code $1972. The agreement likewise required
compliance with the truth in lending act of 1968 (15
U.S.C. $1601; 12 CFR $226) and required disclosure by
the bank. Various violations of law also required
corrective action including 12 United States Code
SS371, 222, 371c, as well as other unsafe and unsound
banking practices.

- 7

46.

An Agreement to eliminate self-dealing and insider transactions and for the termination of certain officials of the bank responsible for extraordinary extensions of credit to closely related individuals and companies. Corrections of various violations of law including 12 United States Code $84. Restrictions placed on active officers of the bank.

47. An Agreement eliminating various violations of the law including 12 United States Code §84 and procedures to eliminate various unsafe and unsound banking practices concerning the elimination of criticized assets and overdue loans. A policy to hire additional lending officers and insuring that internal operations and control were instituted.

48.

49.

50.

51.

52.

53.

An Agreement between several banks and this Office eliminating loans and participations with affiliates and the elimination of unsafe and unsound banking practices.

An Agreement to eliminate unsafe and unsound banking
practices and provisions to improve the credit quality of
the loan portfolio and to take steps to eliminate
criticized problems, unsafe and unsound banking practices
and violations of law including 12 United States Code $84
and the Truth-in-Lending Statute (Regulation Z).

A Notice of Charges, a Temporary Cease and Desist Order and
a Permanent Order eliminating the extensions of loans of a
self-dealing nature and a prohibition to preclude the purchase
of loans for the benefit of controlling persons or officials
of the bank. A provision to eliminate a potential misuse
of a correspondent account by the officials of the bank for
their own personal benefit.

An Agreement to eliminate internal controls and management problems and a provision requiring the hiring of a new executive officer. Provisions to improve the credit quality of

the loan portfolio and to take steps to eliminate criticized problems, unsafe and unsound banking practices and

violations of law including 12 United States Code $$375a and 463.

An Agreement amending a previous agreement dealing with loans to affiliates and subsidiaries in violation of 12 United States Code §371c.

An Agreement to eliminate internal controls and management
problems. Provisions to improve the credit quality of
the investment and loan portfolio and to take steps to
eliminate criticized problems, unsafe and unsound
banking practices and violations of law including 12
United States Code $$84, 371c, 1829b. Provisions to
improve the capital position of the bank and the loan
policies of the bank.

[ocr errors][merged small]

54.

55.

56.

57.

58.

Provisions to preclude the assumptions of obligations
incurred by affiliated companies or individuals and the
elimination of concentrations of credit to individuals or
to industries.

A Notice of Charges and a Permanent Order to establish
internal controls and eliminate management problems with
provisions to improve the credit quality of the investment
and loan portfolio and to take steps to eliminate
criticized problems, unsafe and unsound banking practices
and violations of law including 12 United States Code §§371c,
72, 375a and 12 CFR $23. Procedures to eliminate self-
dealing by officials of the bank.

Resolution Agreement to eliminate unsafe and unsound

and self-dealing practices and relationships with controlling
Limitations of loans to specified insiders. Removal
of officers and directors for unsafe and self-dealing practices.

owner.

Resolution Agreement to eliminate unsafe and unsound
and self-dealing practices and relationships with controlling
owner. Limitations of loans to specified insiders.

Resolution Agreements to eliminate unsafe and unsound
and self-dealing practices and relationships with controlling
owner. Limitations of loans to specified insiders.

An Agreement to establish internal controls and eliminate management problems with provisions to improve the credit quality of the investment and loan portfolio and to take steps to eliminate criticized problems, unsafe and unsound banking practices and violations of law including 12 United States Code $84. Provisions to eliminate concentrations of credit to single or closely-related borrowers. 59. An Agreement to establish internal controls and eliminate management problems together with provisions to improve the credit quality of the investment and loan portfolio and to take steps to eliminate criticized problems, unsafe and unsound banking practices and provisions to strenghten the capital position of the bank. Provisions to eliminate self-dealing transactions by officials of the bank and to obtain new capable lending officers.

60.

A Notice of Charges, Temporary Cease and Desist Order and
Permanent Order to eliminate management and internal
control problems including provisions to upgrade the credit
quality and procedures for handling loans. Provisions to
eliminate unsafe and unsound banking practices, criticized
problems and violations of various statutes including 12 United
States Code S$84, 24 (7), 371a, 12 CFR 217, 226, and 15 United
States Code $1601. Limitations placed on the Trust Department
and a procedure to assist the bank in obtaining additional
capital. Also a provision for the bank to obtain a new
capable executive officer. Provisions to eliminate self-
dealing by officials of the bank.

· 9

61.

A Notice of Charges and a Permanent Order for a breach
of an agreement entered into to eliminate violations of
12 United States Code §84, Regulation Z (12 CFR §226) and
the Truth-in-Lending Act 15 United States Code §1601
as well as violations of provisions of the agreement
and substantial management and internal control problems.

The CHAIRMAN. Governor Holland, I'm concerned that the prohibitions on loans to insiders in this bill may not be strict enough. There are no flat prohibitions on loans to insiders. Loans to insiders may be aggregated and subject to the 10-percent loan limitation. For example, if a bank has maybe $5 billion in deposits, has capital and surplus of $400 million, the chairman of the board and the companies he controls could borrow $40 million.

So what is the practical effect of these provisions in the bank? Are insider transactions of directors and officers of such magnitude that the provisions in this bill really have teeth?

Mr. HOLLAND. We think so, on balance, Mr. Chairman. After all, this is an additional protection beyond the protections that apply to any other kind of loan. These loans presumably have run the gauntlet of examiner review and criticism as they do now. This is one that tries to guard against abuses beyone that-sort of a prophylactic

measure.

The CHAIRMAN. But under present law we have those other limitations you're talking about?

Mr. HOLLAND. Yes.

The CHAIRMAN. And we have had problems. We have had abuses. We have had situations where the insider loans have become serious problems. The most conspicuous was the San Diego Bank, but that's not the only one. It's happened in other cases.

Mr. HOLLAND. Yes. One has to balance difficulties and gains on this issue. It seemed to us that if we tied the permissible aggregate total to the legal lending limit, we were tying it to a pragmatic rule of thumb which said, it a loan of this size turned out to be a loss, the bank could stand it. In that spirit, this seemed a good place to draw the line on insiders. Thus, even if you have a case where the insider and his controlled corporations are imposing bad loans on the bank, if they conform to that legal lending limit they represent a loss that the bank could stand. That's the way we have operated over time, and it gives us an extra degree of protection.

The CHAIRMAN. Now you say that many insider loans are good; you said that on pages 5 and 6 of your statement.

Mr. HOLLAND. Yes.

The CHAIRMAN. And you indicate that in the particular community-and I can see that in a small community-I can understand how that might be the case. At the same time, maybe I misunderstood Mr. Murphy when he indicated that in 1917 the Comptroller recommended a prohibition on all insider loans to officers; is that correct, or was that officers and directors both?

Mr. MURPHY. I believe it was officers and directors and their firms, but let me check that.

The CHAIRMAN. That was 1917 and this is almost 60 years later, and that seems to me to be something that we certainly ought to get a clear answer on the record to. I'm not sure that I would go that far, but I might, and what is the argument against that?

Mr. MURPHY. Excuse me, Senator. I find that the recommendation. was that there be no loan unless it's approved by two-thirds of the board of directors of the bank.

The CHAIRMAN. OK. Well, let's then consider an outright prohibition. What would be the problem if the Congress went that far?

« AnteriorContinuar »