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Current Banking Issues in California A DFI Perspective

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Title: Current Banking Issues in California A DFI Perspective


1
Current Banking Issues in California A DFI
Perspective
  • By
  • John T. Ross
  • Deputy Commissioner
  • Southern California Region
  • Department of Financial Institutions
  • Scott D. Cameron
  • Deputy Commissioner
  • Northern California Region
  • Department of Financial Institutions

2
The Department has four office locations
San Francisco 111 Pine Street, Suite 1100 San Francisco, CA 94111 (415) 263-8500 Sacramento 1810 13th Street Sacramento, CA 95814 (916) 322-5966
Los Angeles 300 South Spring Street, Suite 15513 Los Angeles, CA 90013 (213) 897-2085 San Diego 7575 Metropolitan Drive, Suite 108 San Diego, CA 92108 (619) 682-7227
  • Total number of employees 219
  • Total number of examiners in all divisions and
    offices 130
  • Number of Bank Examiners 92

3
Department History In 1909, the Bank Act was
passed in California, creating the State Banking
Department. On July 1, 1997, the DFI was formed
to combine the responsibility for the safety and
soundness of Californias depository institutions
under one roof. DFI is better able to reduce
unneeded regulations and costs for
state-chartered commercial banks, trust
companies, and other licensees formerly regulated
by the State Banking Department, as well as
savings and loan associations formerly regulated
by the Department of Savings and Loans, and
industrial loan companies and credit unions
formerly regulated by the Department of
Corporations.
4
Licensee Services
The Department currently grants licenses to
conduct financial services business in California
under nine different sets of statutes bank and
trust, savings associations, credit union,
industrial loan, foreign banks, business and
industrial loan, transmitters of money abroad,
payment instruments, and travelers checks.
No. of licensees as of 4/30/07 No. of licensees as of 4/30/07
Banks 206 Premium Finance Companies 109
Industrial Banks 14 Transmitters of Money Abroad 61
Foreign Banks 54 Issuers of Payment Instruments 10
Trust Companies 9 Issuers of Travelers Checks 3
Credit Unions 203 Business and Industrial Development Corp. 1
5
DFI Top Priorities 2007-2010
  • Performance Management and Information System
    Improvements
  • The Department actively manages its performance
    improvement initiatives, and evaluates its staff
    pursuant to these objectives.
  • The Department is currently working on certain
    information system improvement initiatives, such
    as the capability of electronic filing of
    applications, in order to provide better service
    to our licensees.
  • The Department has recently developed a new
    financial institutions management information
    system (FIMIS), a major database improvement
    initiative that provides
  • Enhanced ability to track and deploy our
    examination resources.
  • An early warning system that enhances our ability
    to evaluate the risks of our licensees.
  • These initiatives enhance our effective
    deployment of resources and increase our ability
    to efficiently meet our mission of ensuring the
    safety and soundness of state chartered financial
    institutions.

6
DFI Top Priorities 2007-2010
  • Recruitment and Retention
  • The Department needs to continue to attract,
    train and retain highly qualified financial
    institutions examiners.
  • The Department needs to enhance the level of our
    examiner compensation in order to narrow the pay
    gap between our examiners and their Federal
    counterparts in order to facilitate the retention
    of trained and experienced staff.
  • The Department will be submitting pay enhancement
    proposals to the California Department of
    Personnel Administration in order to establish
    pay differentials for competency certifications
    and to establish additional classifications based
    on experience and expertise.

7
DFI Top Priorities 2007-2010
  • Regulatory Streamlining
  • The Department has two bills pending in order to
    streamline and relieve regulatory burdens on our
    licensees and provide for flexibility in the
    examination process.
  • AB 1301 would eliminate certain applications that
    are no longer deemed necessary, or that are more
    suitable for notification only as opposed to
    approval. This bill can also be used to
    facilitate the electronic filing of applications.
  • SB 1037 makes changes to the definition of what
    constitutes engaging in trust activities, as well
    as other technical clarifications.

8
DFI Top Priorities 2007-2010
  • Succession Planning
  • Establish a robust plan for developing the future
    leaders of the Department in order to ensure a
    succession plan with qualified individuals to
    eventually become the Departments future
    executive management team. This succession
    planning will include training in following
    areas
  • Leadership skills,
  • Employee supervision,
  • Interpersonal skills,
  • Teamwork and integrity,
  • Openness in communication, and
  • Technical skills.

9
DFI Top Priorities 2007-2010
  • Promote the State Charter as a Viable Alternative
  • Continue to improve our efforts to be the
    regulator of choice for California financial
    institutions by providing open communication,
    appropriate guidance, timely responses, and
    quality supervision of our licensees.
  • Develop a state-wide campaign to educate the
    public about the role of the Department and the
    importance of the states role in supervising
    financial institutions.
  • A part of this education campaign would focus on
    the importance of, and the advantages of, the
    dual banking system, including the flexibility
    and the strength that it provides.

10
De Novo Banking Activity
New State Chartered Banks opened in California
between 2003 and 2006
11
De Novo Banks Opened in Past Four Years
Year No. of banks opened
2003 15
2004 9
2005 22
2006 Apr. 2007 21 8
11 banks opened for business in 2004, but two
of them have merged with other banks since then.
12
Percentage of Banks Chartered in Past Four Years
As of 4/30/07, there were 206 state-chartered
banks in California. 75 of them have opened just
in the past four years (over 1/3 of our current
bank licensees).
13
New Bank Opening Activity
Year No. of new banks opened Minimum Initial Capitalization Maximum Initial Capitalization Median Initial Capitalization Average Initial Capitalization
2000 5 5.1MM 11.5MM 7.0MM 7.7MM
2001 8 5.7MM 11.0MM 8.0MM 8.1MM
2002 5 8.5MM 10.1MM 9.6MM 9.4MM
2003 15 7.7MM 27.4MM 12.0MM 13.8MM
2004 11 8.0MM 17.6MM 12.2MM 12.4MM
2005 22 8.0MM 36.3MM 16.5MM 17.5MM
2006 21 9.5MM 40.0MM 20.3MM 21.0MM
Apr. 2007 8 8.0MM 31.6MM 20.0MM 20.3MM
14
New Bank Opening Activity
15
De Novo Bank Activity
  • As of 4/30/07, ten (10) new commercial banks were
    in the process of organizing, and six (6) new
    bank applications were pending.
  • It appears that the peak activity in de novo bank
    formation is likely behind us. However, we are
    still getting inquiries. We are still having
    pre-filing meetings, and receiving applications,
    but not at the level that it reached in the past
    two years.

16
Factors that DFI is required to investigate and
consider pursuant to the California Financial
Code
  • Public convenience and advantage will be promoted
    by the establishment of the proposed bank.
  • The proposed bank will have a reasonable promise
    of successful operation.
  • The proposed capital structure is adequate.
  • The proposed officers and directors have
    sufficient banking experience, ability and
    standing.
  • The character, reputation, and financial standing
    of the organizers and incorporators, and their
    motives in organizing the proposed bank, must
    also be considered.

17
New Bank Application Process
  • Initial inquiry/meeting
  • Pre-file meeting
  • Application Review Process
  • Each step, we try to be proactive in providing
    feedback, discussing concerns, asking questions,
    and seeking clarification.

18
Issues and Concerns in de novo banks
  • Qualifications and abilities of management and
    the Board
  • Difficulty locating and recruiting qualified
    management.
  • New and inexperienced executive management teams.
    Sometimes executive officers may not have had
    prior experience in their respective positions.

19
Issues and Concerns in de novo banks
  • Qualifications and abilities of management and
    the Board
  • Mentor program has been used on occasion to
    compensate for an inexperienced executive
    officer.
  • New and inexperienced Board
  • Lack of breadth and diversity in Directorates
  • High turnover rate at the senior management level
  • Some dysfunctional Boards of Directors

20
Issues and Concerns in de novo banks
  • Difficulty implementing the banks business plan
  • Lack of success in originating loans and raising
    core deposits
  • Lack of prudent diversification in the loan
    portfolio
  • Deposit and loan pricing and market competition
  • Have been some recent examples of difficulty in
    raising minimum initial capital

21
Issues and Concerns in de novo banks
  • Pressure to rapidly deploy the banks capital in
    order to achieve profitability and a return for
    shareholders.
  • Asset growth (quantity vs. quality)
  • Unacceptably high level of adversely classified
    assets due to underwriting and credit
    administration weaknesses
  • Increasing competition, particularly in certain
    geographic and target markets
  • Inadequate risk assessment and internal controls
  • Poor funds management practices
  • High pre-opening expenses
  • Processes for insider loans and insider
    transactions

22
Lessons Learned in de novo activity
  • Re-emphasized the importance of a strong
    management team
  • Importance of a qualified CEO
  • Importance of a qualified CFO
  • Proper internal controls must be established
  • Importance of qualified lending personnel
  • Credit Administration
  • Business Development
  • Re-emphasized the importance of a qualified
    directorate
  • Importance of proper Board oversight
  • Importance of a Board with prior banking
    experience
  • Importance of a Board with diverse breadth of
    experience
  • When we approved applications where we had some
    concerns, the concerns more often than not have
    turned out to have been well founded.

23
DFIs Supervisory Goals
  • Maintain a conservative approach to the issue of
    approving new charters
  • Insist that the board and management team of new
    banks are sufficiently qualified for their
    proposed positions
  • Maintain open communication with the applicants
    and consultants
  • Identify and address concerns and issues at the
    earliest possible stage
  • Provide appropriate feedback and guidance
  • Provide a genuine service to the public and to
    our licensees by promoting the integrity and
    stability of Californias financial services
    system through the appropriate regulation and
    supervision of state chartered financial
    institutions

24
The Department Policy on Chartering New Banks
We recognize the fact that the current
prosperity and expansion of business has been
accompanied by a substantial increase in
applications for the establishment of new
banks The proper administration of this phase
of supervising requires the highest type of
judgment, discretion and administrative
teamwork. Accompanying the rise in the
national economy, the number of newly chartered
and opened banks has continued to rise in the
United States as a whole.
25
The Department Policy on Chartering New Banks
In arriving at a decision as to whether or not
the charter should be issued, we must give
careful consideration to the many factors we are
required to investigate by the provisions of the
Banking Law. We are particularly concerned
that public convenience and advantage will be
promoted and that the community in which the
bank will operate shall afford reasonable
promise of successful operation. The proposed
capital structure must be adequate, and the
proposed officers and directors must have
sufficient banking experience, ability and
standing, to afford reasonable promise of
successful operation. we must also consider
the character, reputation, and financial standing
of the organizers and their motives in
organizing the proposed bank. It is only after
full and complete analysis is madethat we take
final action either in the negative or
affirmative on any application.
26
The Department Policy on Chartering New Banks
The policy of this department concerning the
chartering of new banks will continue to be
conservative. We believe in competition in the
banking business and stand ready to establish a
new bank where there is room for another
institution, but our conclusion and policy is
that overbanking in any community makes for
unsoundness in banking operations, particularly
in the making of bad loans which later develop
into losses that imperil the safety of the
bank By following a conservative policy in
the establishment of new banks , by insisting
that the founders of new banks shall be of
highest integrity and sound financial standing
and ability, the Banking Department will render
a genuine service to the public, the importance
of which will be recognized in the years that
follow.
27
The Department Policy on Chartering New Banks
Excerpts from a speech given by William A.
Burkett Superintendent of Banks to a conference
of the State Banking Department January 16, 1956
28
QUESTIONS
29
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