Quarterly report pursuant to Section 13 or 15(d)

COMMITMENTS AND CONTINGENCIES

v3.21.1
COMMITMENTS AND CONTINGENCIES
3 Months Ended
Mar. 31, 2021
Commitments and Contingencies [Abstract]  
Commitment and contingencies
NOTE 8 - COMMITMENTS AND CONTINGENCIES
 
Lending Commitments
.
 
The Company is a party to financial instruments with off
 
-balance sheet risks in the normal course of business
to meet the financing needs of its clients.
 
These financial instruments consist of commitments to extend
 
credit and standby letters of
credit.
 
 
The Company’s maximum
 
exposure to credit loss under standby letters of credit and
 
commitments to extend credit is represented by
the contractual amount of those instruments.
 
The Company uses the same credit policies in establishing commitments
 
and issuing
letters of credit as it does for on-balance sheet instruments.
 
The amounts associated with the Company’s
 
off-balance sheet
obligations were as follows:
March 31, 2021
December 31, 2020
(Dollars in Thousands)
Fixed
Variable
Total
Fixed
Variable
Total
Commitments to Extend Credit
 
(1)
$
 
170,898
$
 
599,387
$
 
770,285
$
160,372
$
 
596,572
$
 
756,944
Standby Letters of Credit
 
6,711
 
-
 
6,711
6,550
 
-
 
6,550
Total
$
 
177,609
$
599,387
$
776,996
$
166,922
$
596,572
$
763,494
(1)
 
Commitments include unfunded loans, revolving
 
lines of credit, and off-balance sheet
 
residential loan commitments.
Commitments to extend credit are agreements to lend
 
to a client so long as there is no violation of any condition established in
 
the
contract.
 
Commitments generally have fixed expiration dates or other
 
termination clauses and may require payment of a fee.
 
Since
many of the commitments are expected to expire without
 
being drawn upon, the total commitment amounts do not necessarily
represent future cash requirements.
 
Standby letters of credit are conditional commitments
 
issued by the Company to guarantee the performance
 
of a client to a third
party.
 
The credit risk involved in issuing letters of credit is essentially the
 
same as that involved in extending loan facilities. In
general, management does not anticipate any material
 
losses as a result of participating in these types of transactions.
 
However, any
potential losses arising from such transactions are reserved
 
for in the same manner as management reserves for its other
 
credit
facilities.
 
For both on-
 
and off-balance sheet financial instruments, the Company
 
requires collateral to support such instruments when it is
deemed necessary.
 
The Company evaluates each client’s
 
creditworthiness on a case-by-case basis.
 
The amount of collateral
obtained upon extension of credit is based on management’s
 
credit evaluation of the counterparty.
 
Collateral held varies, but may
include deposits held in financial institutions; U.S. Treasury
 
securities; other marketable securities; real estate; accounts receivable;
property, plant and
 
equipment; and inventory.
 
The allowance for credit losses for off-balance sheet
 
credit commitments that are not unconditionally cancellable
 
by the bank is
adjusted as a provision for credit loss expense and is recorded
 
in other liabilities.
 
The following table shows the activity in the
allowance.
Three Months Ended March 31,
(Dollars in Thousands)
2021
2020
Beginning Balance
$
 
1,644
$
 
157
Impact of Adoption of ASC 326
-
876
Provision for Credit Losses
1,330
-
Ending Balance
$
 
2,974
$
1,033
Contingencies
.
 
The Company is a party to lawsuits and claims arising out of
 
the normal course of business.
 
In management's opinion,
there are no known pending claims or litigation, the outcome
 
of which would, individually or in the aggregate, have a
 
material effect
on the consolidated results of operations, financial
 
position, or cash flows of the Company.
 
Indemnification Obligation
.
 
The Company is a member of the Visa
 
U.S.A. network.
 
Visa U.S.A member banks
 
are required to
indemnify the Visa U.S.A.
 
network for potential future settlement of certain litigation
 
(the “Covered Litigation”) that relates to several
antitrust lawsuits challenging the practices of Visa
 
and MasterCard International.
 
In 2008, the Company,
 
as a member of the Visa
U.S.A. network, obtained Class B shares of Visa,
 
Inc. upon its initial public offering.
 
Since its initial public offering, Visa,
 
Inc. has
funded a litigation reserve for the Covered Litigation resulting
 
in a reduction in the Class B shares held by the Company.
 
During the
first quarter of 2011, the Company
 
sold its remaining Class B shares.
 
Associated with this sale, the Company entered into a
 
swap
contract with the purchaser of the shares that requires
 
a payment to the counterparty in the event that Visa,
 
Inc. makes subsequent
revisions to the conversion ratio for its Class B shares.
 
 
Fixed charges included in the swap liability are payable
 
quarterly until the litigation reserve is fully liquidated
 
and at which time the
aforementioned swap contract will be terminated.
 
Quarterly fixed payments approximate $
200,000
.
 
Conversion ratio payments and
ongoing fixed quarterly charges are reflected
 
in earnings in the period incurred.