I. Introduction
On May 9, 2008, ANB Financial, NA, Bentonville, AR was closed by the Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) was named Receiver. No advance notice is given to the public when a financial institution is closed.
The FDIC has assembled useful information regarding your relationship with this institution. Besides a checking account, you may have Certificates of Deposit, a car loan, a business checking account, a commercial loan, a Social Security direct deposit, and other relationships with the institution. The FDIC has compiled the following information which should help answer many of your questions.
II. Press Release
The FDIC has issued a press release (PR-33-2008) about the institution's closure. If you represent a media outlet and would like information about the closure, please contact David Barr at 202-898-6992.
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III. Acquiring Financial Institution and Your Insured Deposits
All insured deposit accounts have been transferred to Pulaski Bank and Trust Company, Little Rock, AR ("assuming institution") and will be available immediately. Your bank will re-open on Monday at 8:30 am at the former ANB Financial, NA main office and branch. You may view more information about Pulaski Bank and Trust Company by visiting their web site.
Pulaski Bank and Trust Company Web Site (www.pulaskibank.com)
Principal and interest on insured accounts, through May 9, 2008, are fully insured by the FDIC, up to the insurance limit of $100,000. You will receive full payment for your insured account. Certain entitlements and different types of accounts may be insured for more than the $100,000 limit. IRA funds are insured separately from other types of accounts, up to a $250,000 limit.
If it is determined that you have uninsured funds, the FDIC will mail you a Receiver Certificate. This certificate entitles you to share proportionately in any funds recovered through the assets of ANB Financial, NA. This means that you may eventually recover some of your uninsured funds.
All accounts that exceed the $100,000 insurance limit, and/or all accounts that appear to be related and exceed this limit, are reviewed by the FDIC to determine their ownership and insurance coverage. If it appears that you have potentially uninsured funds, an FDIC Claim Agent will contact you, by either telephone or mail, regarding your account(s). Or, you may call 1-877-367-2719 up to 9:00 pm Central on May 9, 2008 and between 8:00 am and 6:00 pm Central thereafter, to arrange for a telephone interview with a Claim Agent. The Claim Agent may direct you to download and submit a particular form that will assist in expediting the processing of your claim.
List of Affidavits, Declarations, and Forms available for download
Your transferred deposits will be separately insured from any accounts you may already have at Pulaski Bank and Trust Company for six months after the failure of ANB Financial, NA. Checks that were drawn on ANB Financial, NA that did not clear before the institution closed will be honored up to the insurance limit. You may speak to an FDIC representative regarding deposit insurance by calling: 1-877-ASK-FDIC (1-877-275-3342).
You may withdraw your funds from any transferred account without an early withdrawal penalty until you enter into a new deposit agreement with Pulaski Bank and Trust Company by either making a deposit to or a withdrawal from your account, provided the deposits are not pledged as collateral for loans.
For all questions regarding new loans and the lending policies of Pulaski Bank and Trust Company, please call 1-888-226-5262.
For additional information on deposit insurance visit EDIE the FDIC's Electronic Deposit Insurance Estimator.
EDIE - FDIC's Electronic Deposit Insurance Estimator
V. Banking Services
You may continue to use the services to which you previously had access, such as automatic teller machines (ATMs), safe deposit boxes, night deposit boxes, wire services, etc.
Your checks will be processed as usual. All outstanding checks will be paid against your available insured balance(s) as if no change had occurred. Pulaski Bank and Trust Company will contact you soon regarding any changes in the terms of your account. If you have a problem with a merchant refusing to accept your check, please contact Pulaski Bank and Trust Company, Customer Service Department, at 1-888-226-5262. An account representative will clear up any confusion about the validity of your checks.
After May 9, 2008, your account will earn interest at a rate determined by Pulaski Bank and Trust Company. You will be notified by letter regarding this matter.
Your automatic direct deposit(s) and/or automatic withdrawal(s) should be transferred automatically to your Pulaski Bank and Trust Company. You should contact Pulaski Bank and Trust Company, however, to discuss your account(s) and to insure that service is not delayed or discontinued.
All your deposit account histories and records will be transferred to Pulaski Bank and Trust Company. If Pulaski Bank and Trust Company requires any additional signatures or forms, it will notify you. If you have any questions or special requests, you may contact a representative of Pulaski Bank and Trust Company at 1-888-226-5262.
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VI. Loan Customers
If you had a loan with ANB Financial, NA, you should continue to make your payments as usual. The terms of your loan will not change under the terms of the loan contract because they are contractually agreed to in your promissory note with the failed institution. Checks should be made to your former bank and sent to the same address until further notice.
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VII. Possible Claims Against the Failed Institution
Claims against failed financial institutions occur when bills sent to the institution remain unpaid at the time of failure. Shortly after the failure, the FDIC sends notices directly to all known service providers to explain the claim filing process.
Please note: there are time limits for filing a claim, as specified in the notice.
If you provided a service for ANB Financial, NA and have not received a notice, please contact:
Federal Deposit Insurance Corporation
Receiver: ANB Financial, NA
Attention: Claims Department, DRR
1601 Bryan Street
Dallas, Texas 75201
Or:
Call toll free 1-800-568-9161
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VIII. Priority of Claims
In accordance with Federal law, allowed claims will be paid, after administrative expenses, in the following order of priority:
1. Depositors
2. General Unsecured Creditors
3. Subordinated Debt
4. Stockholders
IX. Dividend Information
No dividends have been paid at this time.
Dividend Information on Failed Financial Institutions
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X. Brokered Deposits
The FDIC offers a reference guide to deposit brokers acting as agents for their investor clientele. This site outlines the FDIC's policies and procedures that must be followed by deposit brokers when filing for pass-through insurance coverage on custodial accounts deposited in a failed FDIC Insured Institution.
According to a recent article by Douglas McIntyre on 247wallstreet a number of large banks are going to be closing branches, which makes good-sense, as the overhead can be a heavy burden. Closing branches for these mega banks is a good idea easing their cash flow and saving them money.
This can be a phenomenal opportunity for de novo bank projects in the industry.
One critical challenge in starting a bank is finding the real estate - some groups spend months, up to a year, to secure the right space. Many of these ‘closed' branches offer an opportunity to obtain ideal locations at lower price points. Depending upon the location you may be able to save quite a bit on your build out as well. Either way, organizers in the de novo market need to move smartly and capitalize on this opportunity
Aside from great locations during this industry adjustment there are going to be great bank employees and many customers searching for greener pastures.
By Wendell Brock
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April 28, 2008
Large Banks Beginning To Close Branch Locations (C)(WB)(WFC)(BAC)
Consumers and businesses are faced with two difficult problems as a result of major banks taking huge write-offs. The first is that, even though the Fed is chopping rates, lower interest loans are not making it to consumer or business lending departments. The banks have elected to use the money they get inexpensively from the Fed to improve their own balance sheets. They want to take as little lending risk as possible while the economy is still in trouble.
The other by-product of troubles at large money center banks like Citigroup (C), Wachovia (WB), Wells Fargo (WFC), and Bank of America (BAC) is that closing local branches is a fast way to bring down costs. Doing this without losing customers is somewhat easier because of online banking and ATMs.
Banks in the deepest have already begun the process. Washington Mutual (WM) plans to take out over 3,000 jobs in the short-term and Citigroup has said it will lay-off 9,000. Some of those jobs will be administrative, but these financial firms have huge numbers of people in location through-out the regions which they serve.
Bank of America operates 6,200 branches. Operating a local office can cost $1 million a year when employees, overhead, and rent are factored in. If the bank shuts 10% of its locations it can save over $600 million a year.
Mid-sized regional banks may be under even more pressure to cut costs. National City Corp (NCC) recently reported a huge loss and had to raise over $7 billion. It has eliminated its dividend and must now look for new places to take out costs. Regional bank Peoples recently closed 20 branches in one small section of Connecticut. Banks usually look for locations outside where their core customer "foot prints" are and shutter locations there.
To a large extent banks are willing to let some consumer and smaller business customers go. These groups tend to have high default rates in a recession. Individuals and companies with relatively small revenue often are in no position to weather a downturn in the economy and lending to these groups has already slowed to a crawl.
Businesses which have been under-served by banking institutions are about to see that situation get worse as banks which invested in risky assets try to save themselves from insolvency. Borrowing money has gotten tough, and it is about to get worse.
By Douglas A. McIntyre
As we know, the FDIC is an insurance company-its primary purpose is to insure the deposits of the banks in the United States. Because the FDIC provides the insurance, the FDIC gets to make many of the rules! (Congress, of course, has its hand in rule-making also.) After all, if a bank fails, this creates a crack in the financial system. If many banks fail or an extremely large bank fails, then we experience a financial earthquake. The FDIC's job is to make sure we do not experience a crack, let alone an earthquake. This is one reason is why starting a new bank is so difficult. The regulations are tough, the experience bar for management to clear is very high, and the barriers to entry are difficult. Again, all of this is to protect the public's trust in where people place their money.
So in difficult times, as we are experiencing now, the strategic plan of the FDIC is in place to guide the regulators in managing the complex issues they experience in the financial/banking environment. The targeted loss reserves are between 1.15 and 1.50 percent of estimated insured deposits. The loss reserve is the insurance fund, which is financed by charging the banks an insurance premium based on the risk exposure of the bank and its insured deposits. This premium is derived from the FDIC's Financial Risk Committee (FRC) assessments, quarterly failure projections and loss estimates. The FRC analyzes the risk exposure of the insurance fund based on the risks of the insured banks. When bank loans go bad, the risk exposure of the bank goes up and the FRC reevaluates the risk of the fund. This, in turn, sets a new premium for the bank and for other similar banks.
The FDIC reviews the assessment history of all failed banks on an ongoing basis to determine if the system is working properly. In 2007, after much research and testing, a new risk-based assessment system was implemented through the modification of FDIC systems and business procedures. This updated system is designed to measure the risk of individual banks more accurately, which allows for the assessment of fees that are more in line with the risk level. Currently, the FDIC is the primary regulator for 5,197 state-chartered banks that are not members of the Federal Reserve System or are national banks or thrifts which are regulated by the OCC and OTS respectively.
Because of the complexity of the analysis that is required to develop accurate pricing and review the effectiveness of new regulations, the FDIC will require additional staff. Further demands will arise from the combining of the Bank Insurance Fund and the Savings Association Insurance Fund; the merger affected 48 information systems and resulted in some changes in deposit coverage. As a result, the FDIC will require new analysis techniques and will be tasked with extensive testing of the systems. All of these systems are necessary to manage the risk of consumers and businesses not being able to pay their debts, while keeping consumer and commercial deposits safe and accessible.
This enormous balancing act adds to the challenge of starting a new bank. The risks to a new bank are great because they have new capital to employ; new banks need assets on the books and many deposits to help fund the new loans. However, because of the strict regulatory controls, new banks succeed more often than not. It is rare that a de novo bank fails. If the right organizers and bank board, management team, business plan and capital are in place, chances are great that a de novo bank will succeed.
By Wendell Brock, MBA, ChFCDe Novo Strategy, Inc.
Survey by Grant Thornton
The results are in and the outlook is bleak. Grant Thornton's 15th annual survey of bank executives indicates that bankers are gloomier than ever about the economy. Only 1 in 10 bankers surveyed claimed to be optimistic about the economy, while 54 percent were pessimistic. In the survey's 15-year history, the numbers have never been this extreme. Just three years ago, for example, only 3 percent of bankers said they were pessimistic.
Many bankers are waiting for the real estate market to hit bottom and for the credit crisis to pass. At the same time, they're hoping they will be able to weather the storm. Sixty-four percent of bankers believe that the bottom will come after May, 2008. Another 17 percent are looking to 2009, indicating that the bottom won't come until after the close of this year. The housing bubble has been damaging to the banks. Homeowners have borrowed all their equity out through home equity loans; when the home values dropped, the equity was erased and banks were left under-collateralized. For March, the ABA reported a housing price decline of 3.6 percent from February, the fifth consecutive monthly decline.
George Mark and John Ziegelbauer of Grant Thornton predict that bankers will "tighten down the ship-tightening the underwriting and build liquidity." Many are getting back to the basics, citing the need to get to know their customers better as part of the solution. It's a smart move, one that will help the banks comply with the regulations, while enhancing cross-selling efforts.
Bankers are concerned about obtaining new customers while taking care of the ones they have. Credit unions pose a competitive threat, particularly with respect to business customers, which have traditionally been a core customer segment for banks. Maybe a renewed bank focus on customer service will result in depositors and borrowers feeling truly valued by their bank once more!
Bank capital is also in short supply and it is harder to raise capital in this difficult environment. Investors are looking for full disclosure of all the risks, including the loan portfolio and liquidity risks. When capital dries up, it's more expensive to acquire. Many banks are trading at or below book value, which, to the banker, makes it very hard to sell stock and let people in for such a discount.
All of these factors and many more are putting pressure on bank boards to understand what is going on in their own banks. Directors need to be proactive about uncovering any problems, rather than waiting for the regulators to find them. If the regulators find problems, it says two things: 1) the board does not understand what is happening at the bank, and 2) the bank does not have proper controls in place.
To download a full copy of the survey, simply click on the link.
Summary by Wendell Brock, MBA, ChFC
www.denovostrategy.com
Paranoid CUNA Requests Documents of Banker Involvement in Blueprint ...
WASHINGTON - The Credit Union National Association submitted on April 3rd a Freedom of Information Act (FOIA) request seeking documents and records submitted by banking trade groups in the development of the Treasury Department's "Blueprint for a Modernized Financial Regulatory Structure." CUNA's General Counsel Eric Richards wrote: "[t]he general public and nearly 90 million credit union members have a right to know if special interests have attempted to influence Treasury policy ...in order to eliminate not-for-profit cooperative financial institutions, limit consumer choice in financial services, and deregulate the American depository institution sector in an unsafe and unsound manner."
NCUA Beefs Up Resources to Examine California CUs
ALEXANDRIA, Va. - NCUA has hired seven new examiners who will focus on the California market. The hiring of additional examiners, according to Credit Union Journal, comes after California credit unions reported one of their worst years in decades as delinquencies and losses soared.
NCUA Unable to Sell Distressed Florida Loans
ALEXANDRIA, Va. - NCUA removed from the market a $26 million package of distressed Florida real estate loans originated by failed Huron River Area CU due to a lack of adequate offers. As a result, NCUA is left holding more than 1,000 Florida loans worth about $210 million from Huron River Area CU and Norlarco CU, which both failed last year because of their involvement in speculative south Florida real estate developments.
Kansas Legislature Clears Bill to Limit Credit Union Membership
TOPEKA, Kan. - A bill limiting the fields of membership and establishing a public notification standard for state chartered credit unions in Kansas passed the state senate by a 35-2 vote and the state house 115-8. The bill, which contains compromise language agreed to by the Kansas Bankers Association, Community Bankers Association of Kansas, Heartland Community Bankers Association and Kansas Credit Union Association, now goes to the governor for her signature. The bill would allow credit unions in a major metropolitan area to expand to adjoining counties, but limits the population to no more than 1 million and limits credit union operations to a single metropolitan area. The legislation also creates new regulatory standards for branching, mergers and field of membership changes. Once enacted, the law would force nine credit unions to scale back their fields of membership.
Texas Legislature to Review Credit Union Department
AUSTIN - The Texas Sunset Commission, composed of legislators and the public, will evaluate the Texas Credit Union Department. In 1977, the Texas Legislature created the Sunset Advisory Commission to identify and eliminate waste, duplication, and inefficiency in government agencies. The Sunset Commission, based upon public input and the Sunset staff report, will make recommendations about the Texas Credit Union Department for the full Legislature to consider when it convenes in January 2009. Information on the Sunset Commission process can be found at http://www.sunset.state.tx.us/.
Merger of Equals to Create $1.85 Billion CU in San Diego
SAN DIEGO - Two large credit unions in the San Diego market have announced their intentions to merge - $944 million First Future Credit Union and $907 million California Coast Credit Union. Membership of the two state-charted credit unions is scheduled to vote on the merger in late April and regulatory approval is expected by June 30.
By Keith Leggett, American Bankers Association
Treasury Blueprint Would Abolish NCUA and NCUSIF
WASHINGTON - Among the long-term recommendations of the Treasury Blueprint would be the creation of a new federally-insured depository institution (FIDI) charter. The FIDI charter would consolidate the national bank, federal savings association, and federal credit union charters and would be available to all corporate forms, including stock, mutual, and cooperative ownership structures. A new prudential regulator, the Prudential Financial Regulatory Agency ("PFRA"), would be responsible for the financial regulation of all FIDIs. In explaining its rationale for a single charter, Treasury wrote "[t]he goal of establishing a FIDI charter is to create a level playing field where competition among financial institutions can take place on an economic basis, rather than on the basis of regulatory differences." The operation of the credit union insurance fund would be assumed by the FDIC, which would be reconstituted as the Federal Insurance Guarantee Corporation. "Some credit unions have arguably moved away from their original mission of making credit available to people of small means, and in many cases they provide services which are difficult to distinguish from other depository institutions." Treasury Department's Blueprint for a Modernized Financial Regulatory Structure.
http://www.treas.gov/press/releases/reports/Blueprint.pdf
By: Keith Leggett, American Bankers Association
Chairman Blair's Message
By Wendell Brock, MBA, ChFC
Recently Ms. Sheila Blair presented the FDIC's 2008 Annual Performance Plan. Ms. Blair's published introduction to the Plan discusses the historical mission of the FDIC as well as the current economic environment. This year, the FDIC will celebrate its 75th year of insuring the nation's bank deposits. And the organization is perhaps finding itself in one of the most demanding years since its founding. Indeed, the FDIC plays a critical role in "maintaining public confidence in the nation's financial system." The challenges associated with this role, given the current financial difficulties, are broad and deep.
The maintenance of public confidence requires the FDIC to manage many different aspects of our nation's financial system. The organization currently administers approximately 250 programs to help keep the banks operating in a safe and sound manner; the FDIC is tasked with insuring deposits, keeping the public informed, helping the banks manage risks, as well as many other action items associated with our banking and financial system.
When problems arise, the goal is to address them promptly, solving them before they become issues that can cause serious financial problems. This requires the FDIC to be prepared to handle failures of insured institutions, "regardless of their number and size." Yes, this means that the FDIC is expecting some bank failures this year and perhaps even some large banks. There have already been two to date; see BankNotes for the press releases on these events. Both failed entities were small banks in Missouri, not much in the overall financial market, but still important nonetheless. In preparation for more extreme events, the FDIC is finalizing a "claims process to manage large/complex bank failures, including a new automated system to support this process."
The FDIC is also working closely with consumer protection groups to help with the current foreclosure issues facing many Americans. While we as Americans pride ourselves in our education system (for all its faults, it is still very good), our financial literacy is quite low-a statement that can be supported by our low savings rate. The FDIC is working to improve that by finalizing plans to distribute 10,000 booklets addressing financial literacy.
An additional challenge the FDIC is facing is the attrition of its workforce. Nearly 40 percent of the FDIC workforce will be retiring within the next ten years. This will create a large demand for new employees to be trained to take over and manage this critical institution. The FDIC expects to be regarded as an "outstanding employer." It will be looking to secure well-educated people with advanced technical and analytical skills, who can effectively support and carry out the FDIC mission. The plan has many more discussion points, which will be addressed in future articles.
Wendell Brock, PrincipalDe Novo Strategy
By Wendell Brock, MBA, ChFC
Today the FDIC issued the Fourth Quarter 2007 banking profile, which contained very mixed results on a slippery slope. The industry as a whole is struggling through the latest national economic tidal wave of debt problems from the sub-prime termoil to an over leveraged derivative market. So the banks are squeezed between tougher regulation enforcement, higher deposit rates, lower net interest margins, larger loan loss reserves, higher charge off and noncurrent accounts, growth in deposits, etc. The following are some key highlights.
Widespread earnings weakness occurred in more than half the institutions - "51.2% reported lower net income than in the 4th quarter of 2006. One out of four institutions with assets greater than $10 billion reported a net loss for the fourth quarter." During the 4th quarter interest rates fell, which increased downward pressure on Net Interest Margins (NIM), making it the lowest quarterly NIM since 1989.
Total earnings for banks were off by 27.4% for all of 2007, which was a decline of $39.8 billion to $105.5 billion. This is the first time since 1999-2000 that annual net income declined. Only 49.2% of insured institutions reported improved earnings in 2007 - the lowest level in 23 years. Unprofitable institutions reached a 26 year high of 11.6% at the same time the ROA was the lowest in 26 years at 0.86%. This is the first time since the mid 1970's that noninterest income has declined - it fell by 2.9% to $233.4 billion.
2007 fourth quarter net charge offs spiked nearly 100% to $16.2 billion over the same quarter in 2006 which had $8.5 billion. This increase has regulators very worried. In mid 2006 the amount of noncurrent loans (loans which are 90 days past due) began an upward movement, this loan pool continued to swell by $26.9 billion, a increase of 32.5% during the 4th quarter of 2007. "The percentage of loans that were noncurrent at year-end was 1.39%, the highest level since the third quarter of 2002." This has prompted banks to put more away in their Allowance for Loan and Lease Losses (ALLL). The ALLL reserve ratio rose from 1.13% to 1.29% during the quarter; however it was not enough to cover the increase in noncurrent loans. "At year end, one in three institutions had noncurrent loans that exceeded reserves, compared to fewer than one in four institutions a year earlier."
Equity capital increased by $25.1 billion or 1.9%; at the same time the leverage ratio fell to 7.98% down from 8.14%. "In contrast, the industry's total risk-based capital ratio, which includes loss reserves, increased from 12.74% to 12.79%." In the end 99% of all insured institutions, which represents more than 99% of industry assets, met or exceeded the highest regulatory capital requirements. During this same time, banks were lending money - asset growth continued strong - assets increased by $331.8 billion or 2.6% during the quarter. Because of the high increase in noncurrent loans, examiners have been watching closely the concentrations of bank portfolios in commercial real estate. In spite of the construction slow down, the number of banks that have a high concentration of construction lending increased from 2,348 to 2,368. A high concentration of commercial real estate loans in a bank's loan portfolio is defined when that part of the loan portfolio exceeds the bank's total capital.
Deposits grew to record levels during the 4th quarter. Institutions saw an increase of $170.6 billion or 2.5%, the largest quarterly increase ever reported. "The industry's ratio of deposits to total assets, which hit an all time low of 64.4% at the end of the 3rd quarter, rose slightly to 64.5% at year end."
For the year, Trust Assets increased an amazing $2.6 trillion or 13.4% for managed accounts and $68.6 billion or 1.6% for non-managed accounts. "Five institutions accounted for 53% of the industry's net trust income in 2007."
In 2007, there were only three bank failures, this is the most since 2004 - this ended the unprecedented run of no bank failures (there was only one failure in the 4th quarter). The two-year term was the longest in the FDIC's history. During the quarter, there were 50 de novo banks, which brought the total for the year up to 181 new institutions. Mergers in the 4th quarter slowed down to 74 for an annual total of 321 banks merged out of existence. The regulator's problem bank list grew to 76 banks, up from 65 at the close of the 3rd quarter. The total assets of these problem banks are $22.3 billion, up from $18.5 billion at the end of the 3rd quarter. The total FDIC insured institutions ended the year at 8,533 down, slightly from 8,559. For a complete copy of the report see request for a white paper.
By:
Wendell Brock, MBA, ChFC
Principal
De Novo Strategy
www.denovostrategy.com
By John Fronza
If you do not have a branding consultant, you are the consultant.
You need to spend your time on raising capital and producing revenue; not designing a logo, writing copy, formatting brochures, and placing ads, or any of the many details required for a successful branding campaign.
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The image you develop now will be used throughout the life of your business and determine your business's level of success. If your image is one of a solid, stable company that delivers what it promises, you are more likely to be successful.
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125 Timber Oak Cove
Lawrenceville, GA 30043
678-377-3013
www.fronzadesign.com