On the same day that regulators shut down seven struggling banks, the Federal Deposit Insurance Corp. proposed new rules governing the acquisition of such banks by private equity firms.

The proposed rules require banks owned by private equity firms to maintain a Tier 1 leverage ratio of 15 percent, lock in their investments for three years, and be generally more open about their financial health than privately run firms prefer.

The FDIC said it was concerned that bank owners "have the experience, competence, and willingness to run the bank in a prudent manner, and accept the responsibility to support their banks when they face difficulties and protect them from insider transactions."

A major concern is that a privately held bank might stop funding operations in the face of economic hardship. Because the FDIC insures deposits at both privately and publicly held banks, it has a major interest in ensuring that they are being managed for the long haul. More than 50 banks have failed so far this year.

Private equity firms lashed out at the new rules and said that if adopted they would make it less likely that troubled banks would be bought up at all. "I think it could guarantee that there will be no private equity coming into banks," Wilbur Ross, the head of a private equity group that recently bought Florida-based BankUnited Financial Corp., told the Wall Street Journal.

The FDIC said it was seeking public comment on the proposed rules and "seeks the views of commenters on the appropriate level of initial capital that will satisfy concerns relating to both safety and soundness and the economic viability of the terms of investment in insured depository institutions."

Regulators shut down seven more banks Thursday in a pre-holiday sweep that pushed the number of failures this year to 52.

 

Six of the banks closed Thursday were in Illinois. According to the Federal Deposit Insurance Corp., all six were controlled by a single family and had similar business models that created a concentration of risk around collateralized debt obligations and other holdings.

 

The Illinois Department of Financial and Professional Regulation shut down Founders Bank, of Worth, Ill., and appointed the FDIC as receiver. It arranged for The PrivateBank and Trust Co. to assume the failed bank's 11 branches and roughly $849 million in deposits.

 

PrivateBank paid a 1.5 percent premium for the deposits. It also agreed to buy $888.4 million of the failed bank's assets, with $617 million of that amount subject to a loss-sharing deal with the FDIC.

 

Founders Bank had suffered heavy losses on securities and loans and had been ordered to raise $50 million in new capital. It was the biggest of the banks that were seized.

 

The others were First National Bank of Danville, in Danville, Ill.;  Elizabeth State Bank, in Elizabeth, Ill.; First State Bank of Winchester, in Winchester, Ill.;  Rock River Bank, of Oregon, Ill., John Warner Bank, of Clinton, Ill., and Millennium State Bank of Texas, in Dallas.

 

First National Bank of Danville's seven offices and $146 million in deposits were taken over by First Financial Bank N.A., of Terre Haute, Ind.

 

Elizabeth State Bank's branches and deposits were taken over by Galena State Bank and Trust, of Galena, Ill., while First State Bank of Winchester's operations were assumed by the First National Bank of Beardstown, in Beardstown, Ill.

 

Rock River Bank's branches and deposits were sold to Harvard State Bank, in Harvard, Ill., and John Warner Bank's operations were taken over by the State Bank of Lincoln, in Lincoln, Ill.

 

Millennium State Bank's lone office, its deposits and virtually all of its assets went to State Bank of Texas, in Irving.

 

The FDIC said the closings would cost its insurance fund around $314 million.

Fifteen community banks received bailout funding last week, continuing a trend of smaller banks being as eager to join the Troubled Asset Relief Program as large banks are to escape it.

Chicago-based Metropolitan Bank Group Inc. received $71.5 million from the Treasury, the most of any bank in recent weeks. A related bank, NC Bank Inc. received $6.8 million. Together, the two banks have $3.5 billion in assets and more than 100 branches in the city and suburbs of Chicago, the Chicago Business newspaper reported.

California-based Fremont Bancorporation received $35 million, the second largest infusion of capital. The decision to accept bailout funding, however, may have come to a surprise to local residents. In May the company was a subject of an article in the Contra Costa Times about banks that were strong without government assistance.

At the time, the bank boasted of plans to expand quickly into the mortgage origination business -- plans that may have fallen through as the California housing market continues to struggle. Fremont Bancorporation originated $800 million in new home loans during the first three months of 2009, but first quarter earnings of $5 million in the first quarter were 35.7 percent below the same period the year before.

Other banks receiving bailout money include Stearns Financial Services Inc. ($24.9 million), FC Holdings Inc. ($21 million), Security Capital Corp. ($17.4 million), Alliance Financial Services inc. ($12 million), M&F Bancorp Inc. ($11.7 million), Gulfstream Bancshares Inc. ($7.5 million), Waukesha Bankshares Inc. ($5.6 million), Fidelity Resources Co. ($3 million), Signature Bancshares Inc. ($1.7 million), and Gold Canyon Bank ($1.6 million).

The ongoing interest of small banks in the bailout program stands in marked contrast to the attitude of large financial institutions, many of which have rushed to return the funding they received late last year. Most have cited an unpleasant regulatory environment, including restrictions on executive pay and dividend distribution, as reasons for leaving the program. Smaller, closely held banks do not seem as concerned by such issues.
A struggling Hawaiian bank received $135 million in bailout funding in January after the office of a U.S. Senator with large stock holdings in the company called federal regulators.

Central Pacific Financial Corp. "was an unlikely candidate" for assistance under the Troubled Asset Relief Program by the time the Federal Deposit Insurance Corp. received a phone call from the office of Sen. Daniel Inouye, according to a joint report by the Washington Post and Propublica.org.

According to the report, Central Pacific Financial was suffering significant capital losses and had already received a preliminary rejection from the FDIC, which forwarded the application to an office focused in resolving "marginal cases." But two weeks after the call from Inouye's office, the FDIC approved the bank for funding.

The senator's financial disclosure forms show that at the end of 2007 he held Central Pacific shares worth $350,000 to $700,000. That stock amounted to at least two-thirds of his total reported assets. The Honolulu-based company's shares have lost almost 80 percent of their value since then.

Experts told the Post and ProPublica that the phone call did not violate any laws.

But the matter recalls a similar incident with a California bank and Los Angeles congresswoman Maxine Waters. As BailoutSleuth has reported, Rep. Waters repeatedly contacted the Treasury Department about OneUnited's problems and later arranged a meeting between regulators and a bank executive during which the latter "seized the opportunity to plead for special assistance for his bank."

OneUnited later received $12 million in TARP funding. At the time, Rep. Waters' husband owned OneUnited shares worth $250,000 to $500,000.  According to a report in the Wall Street Journal, he had received "interest payments from a separate holding at the bank, also worth between $250,000 and $500,000.''
While larger banks rush to return bailout money received months ago, smaller banks show continued interest in the Troubled Asset Relief Program, with at least 11 taking a total of $96 million in government assistance in the past few weeks.

Suburban Illinois Bancorp, Inc. received the largest chunk of the recently disbursed funds, getting $15 million from the Treasury Department. The bank has more than $674 million in assets.     

Minnesota-based Duke Financial Group, with assets of $743 million, received $12 million, as did California-based Farmers Enterprises Inc. Farmers has $734 million in total assets.

Other banks receiving money included University Financial Corp. ($11.9 million), M&F Bancorp ($11.7 million), Century Financial Services Corp. ($10 million), RCB Financial Corp. ($8.9 million), Biscayne Bancshares Inc.  ($6.4 million), Merchants and Manufacturers Bank Corp. ($3.5 million), Manhattan Bancshares Inc. ($2.6 million) and NEMO Bancshares Inc. ($2.3 million).

The ongoing interest in TARP funding by small banks stands in sharp contrast to the behavior of most of the large banks that have received the largest amount of bailout assistance. The bigger financial institutions, such as Morgan Stanley and Citigroup Inc., have moved to get out of the program as soon as possible, citing regulatory restrictions on executive pay and dividend payments.

But smaller banks, most of which have lower compensation levels and fewer shareholders, are not as concerned about these regulatory fetters. Instead, they see  TARP as an inexpensive way to raise capital in an uncertain economic environment.

"One of the only other options is to borrow from large banks and, frankly, they're not in the market to do that," Steve Anderson, chief executive of River Valley Bancorporation, told the Wall Street Journal last week. River Valley received $15 million in TARP funding.

State Street Faces New Problems

On June 9, State Street Corp. repaid the reasury Department $2 billion that it received through the Troubled Asset Relief Program.

Now the bank is making headlines again, but for very different reasons.

Early this morning State Street Corp. filed a document with the Securities and Exchange Commission which disclosed that last Thursday the SEC served it with a Wells Notice.

The notice was delivered to State Street Bank and Trust Co., whose State Street Global Advisors unit as been hit numerous suits related to bond funds that suffered heavy losses because of investments in securities backed by subprime mortgages.

The filing adds:

"The notice relates to an ongoing SEC investigation into disclosures and management by State Street Global Advisors of certain active fixed-income strategies during 2007 and prior periods. The Wells notice informs State Street that the SEC staff intends to ask the SEC Commissioners for permission to bring a civil enforcement action for possible violations of the securities laws. State Street has been cooperating with the SEC in this inquiry and continues to cooperate with the Massachusetts Secretary of State, the Massachusetts Attorney General and other regulators in their related inquiries. Under the process established by the SEC, State Street will have an opportunity to present its perspective on these issues before any formal decision is made on an enforcement proceeding."

We will follow the matter and report on additional developments.

 

The Treasury Department announced the procedure for banks seeking to redeem stock warrants sold to the government under the Troubled Asset Relief Program.

As part of the $700 billion bailout program, hundreds of banks gave the Treasury stock and stock warrants in exchange for financial assistance. Over the last few months, an increasing number have repurchased the share and paid accrued dividends.

The banks see the repurchase of the warrants as the last step to get out from under the TARP program and an uncomfortable regulatory environment that includes restrictions on executive pay and the distribution of dividends. How to value the warrants, however, has proved a tricky question.

Under the announced terms of the Capital Purchase Program, a $250 billion endeavor under the TARP umbrella, banks that have already redeemed the stock they sold the government have 15n days to submit their own valuation of the warrants.

Treasury then has 10 days to accept the bank's valuation or initiate a cooperative appraisal process in which both the bank and Treasury name independent appraisers to evaluate the claim. If the two fail to agree, a third independent appraiser is to be named and "a composite valuation" of all three will determine the final value.

In a sign that Treasury is eager to get the warrants of its books, Treasury also laid out the procedure for selling the warrants if the banks do not want to buy them back. Under that scenario, the government will auction them off in a procedure to be announced soon.

According to Treasury, the department considered holding the warrants to attempt to realize greater profits, but "there was no certainty that we would realize higher values, and it was not appropriate for the government to be exercising discretionary judgment on timing market sales."

A big day for bank closings

Regulators closed five banks on Friday, the biggest single-day total since the economic crisis began. The biggest of the five was Mirae Bank, of Los Angeles, which had $456 million in assets.

 

The latest closings bring the total for the year to 45, compared with 25 for all of 2008.

 

The California Department of Financial Institutions seized the bank and appointed the Federal Deposit Insurance Corp. as receiver. It arranged for Wilshire State Bank, also of Los Angeles, to take over the failed bank's five branches and all of its $362 million in deposits.

 

Wilshire State Bank also bought roughly $449 million of Mirae's assets, with the FDIC agreeing a loss sharing arrangement on $341 million of that total.

 

Georgia regulators closed the Community Bank of West Georgia, in Villa Rica, Ga., and Neighborhood Community Bank, in Newman, Ga. Because nobody was willing to take over the Community Bank of West Georgia's operations, its $182.5 million in insured deposits will be paid out to customers.  

 

The FDIC arranged for CharterBank, of West Point, Ga., to take over the four branches and $191.3 million in deposits of Neighborhood Community Bank. CharterBank also agreed to buy $209.6 million in assets, with $178.5 million subject to loss-sharing arrangements.

 

The Minnesota Department of Commerce closed Horizon Bank, in Pine City, Minn., and appointed the FDIC as receiver. It arranged for Stearns Bank, of St. Cloud, Minn., to buy the bank's two offices and $69.4 million in deposits.

 

Stearns Bank paid a 0.75 percent premium for the deposits. It also agreed to buy $84.4 million of Horizon Bank's assets, with $65.1 million covered by a loss-sharing deal. Stearns previously took over another failed bank, Alpha Bank & Trust, in Georgia. That deal last October also was brokered by the FDIC.

 

The fifth bank to be closed Friday was MetroPacific Bank, of Irvine, Calif. California regulators seized that insititution and appointed the FDIC as receiver. It arranged for Sunwest Bank, of Tustin, Calif., to take over MetroPacific's single office, as well as all of its non-brokered deposits and nearly all of its $80 million in assets.

 

The FDIC said the latest found of bank closings will cost its insurance fund around $264.2 million.

 

 

A bank that received $300 million in bailout funding last year is considering asking for $290 million more as part of an aggressive drive to shore up its balance sheet.

Michigan-based Citizens Republic Bancorp announced that it was calling a special shareholders' meeting to consider "multiple capital raising alternatives" in response to deteriorating economic conditions.

The worries at Citizens Republic are the latest sign that not all of the banks that got taxpayer capital through the $700 billion Troubled Asset Relief Program were as solid as the Treasury Department represented.

Michigan, which is home to a large automobile sector, has been battered over the past year by rising unemployment and a depressed housing market. Citizens Republic lost $393.1 million last year, and also reported a $45.1 million loss for the first quarter of this year.

Citizens Republic said the options under consideration include asking the Treasury Department to buy an additional $190 million in preferred stock through TARP's Capital Purchase Program, and to provide $100 million through another initiative called the Capital Assistance Program.

Citizens Republic said it could use some of its Capital Assistance Program funds to buy back a portion of the preferred stock it sold the government when it received its first round of bailout funding

The bank is also considering another stock sale, offering debt holders the opportunity to convert debentures into common stock, and exchanging shares of common stock for outstanding trust preferred securities.

When the TARP program was first announced, officials said that only healthy banks could receive assistance, but Treasury refused to publish the criteria it used to make that determination.

Recent weeks have seen increased signs of bailed-out banks continuing to struggle with their balance sheets. BailoutSleuth previously reported that at least three banks have suspended dividend payments to the government in order to conserve cash.
The Hartford Financial Services Corp. completed its long-delayed purchase of Federal Trust Corp., calling it the "last significant step" in its bid to receive $3.4 billion in bailout funding.

The acquisition, for $10 million in cash, follows the Treasury Department's announcement earlier this month that Hartford and five other life insurance companies had been approved for the $700 billion Troubled Asset Relief Program.

When the program was first announced last year, 12 life insurers -- many of which had been battered by improvident investments in housing derivatives -- rushed to sign up for government funding. Under the terms of the program, however, insurers have to own a bank, sparking those that didn't already have one to try and buy one.

Hartford quickly struck a deal with Florida-based Federal Trust. But the bank was suffering significant capital losses and the subject of intense regulatory scrutiny. As BailoutSleuth reported, the deal was delayed at least twice as the Office of Thrift Supervision extended deadlines for Federal Trust to raise capital levels. At one point, Hartford lent Federal Trust $20 million to keep it afloat.

Such delays affected other banks as well, and in the end Hartford and Lincoln National Corp. were the only insurers among the six approved for TARP funds that actually accepted the money. Ameriprise Financial Group, Allstate Corp., Prudential Financial Inc., and Principal Financial Group all decided against participating.
Chris Carey, Editor
chris@sharesleuth.com

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