Quarterly report pursuant to Section 13 or 15(d)

COMMITMENTS AND CONTINGENCIES

v3.23.4
COMMITMENTS AND CONTINGENCIES
6 Months Ended
Jun. 30, 2023
Commitments and Contingencies [Abstract]  
Commitments 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:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
June 30, 2023
December 31, 2022
(Dollars in Thousands)
Fixed
Variable
Total
Fixed
Variable
Total
Commitments to Extend Credit
 
(1)
$
206,057
$
569,036
$
775,093
$
243,614
$
531,873
$
775,487
Standby Letters of Credit
 
6,297
 
-
 
6,297
5,619
 
-
 
5,619
Total
$
212,354
$
569,036
$
781,390
$
249,233
$
531,873
$
781,106
(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 June 30,
Six Months Ended June 30,
(Dollars in Thousands)
2023
2022
2023
2022
Beginning Balance
$
2,833
$
2,976
$
2,989
$
2,897
Provision for Credit Losses
287
(123)
131
(44)
Ending Balance
$
3,120
$
2,853
$
3,120
$
2,853
Other Commitments.
In the normal course of business, the Company enters into lease commitments
 
which are classified as operating
leases. See Note 6 – Leases for additional information on the maturity of the
 
Company’s operating lease commitments.
 
Furthermore,
the Company has a commitment of up to $
1.0
 
million in a bank tech venture capital fund focused on finding and funding
 
technology
solutions for community banks and a commitment of up to $
7.4
 
million in a solar tax credit equity fund.
 
For the six months ended
June 30, 2023, the Company had contributed $
0.4
 
million of the bank tech commitment and $
2.9
 
million of the solar fund
commitment.
 
At December 31, 2022, the Company had contributed $
0.2
 
million of the bank tech commitment and $
1.0
 
million of the
solar fund commitment.
 
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.
 
Conversion ratio payments and ongoing fixed quarterly charges
 
are reflected in
earnings in the period incurred.
 
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 $
0.2
million.