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{{11-30-97 p.TC-342}}
[¶16,080] Docket No. FDIC-95-13b (3-7-96)
(This order was terminated by order of the FDIC dated 9-12-97. See ¶16,181.)
In the Matter of
SUNNILAND BANK
FORT LAUDERDALE, FLORIDA
(Insured State Nonmember Bank)
AMENDMENT AND REVISION OF
ORDER TO CEASE AND DESIST
Board of Directors
Sunniland Bank
424 W. Sunrise Boulevard
Fort Lauderdale, Florida
33311-6286
Dear Members of the Board:
As you are aware, on January 24, 1995, the Bank's board of directors entered into a Stipulation and Consent to the Issuance of an Order to Cease and Desist ("Order") with a representative of the FDIC's Legal Division consenting to the issuance of the Order by the FDIC on January 30, 1995, Docket No. FDIC-95-13b. Subsequent to the issuance of the Order by the FDIC, the Federal bank regulatory agencies amended and revised the Federal regulations which implement the Community Reinvestment Act, 12 U.S.C. §§ 2901 et seq. In this regard, the FDIC amended Part 345 of its Rules and Regulations, 12 C.F.R. Part 345, which seeks, as its primary goals, to emphasize performance rather than process, to promote consistency in evaluations and to eliminate unnecessary burden to the banks by reducing recordkeeping and reporting requirements. With these amendments, many of the provisions in the Order which refer to the Bank's obligations under the Community Reinvestment Act are no longer applicable.
Accordingly, the FDIC proposes to amend and revise those provisions of the Order which address the Bank's responsibilities and obligations under the Community Reinvestment Act and Part 345 of the FDIC's Rules and Regulations, as amended, in the following respects: Specifically, the existing terms and provisions of paragraph 5 of the Order, together with subparagraphs (a) - (h) thereof, shall be deleted in their entirety. The terms and provisions of paragraph 5 of the order are revised and restated as following:
The Bank shall take all steps required to meet its obligations under the Community Reinvestment Act, 12 U.S.C. §§ 2901 et seq., and with Part 345 of the FDIC's Rules and Regulation, 12 C.F.R. Part 345, as amended. Such steps shall include, but are not necessarily limited to, developing a system for the regular analysis of the geographic distribution of the Bank's loans to ensure that all income segments of individuals are being reached and for the monitoring of the lending-related activities in the assessment area.
Except as amended and revised herein, all provisions of the original Order dated January 30, 1995, Docket No. FDIC-95-13b, issued by the FDIC against the Bank shall remain in full force and effect. Moreover, the Order, including the amendments and revisions authorized herein, shall be binding upon the Bank, its institution-affiliated parties and its successors and assigns except to the extent that, and until such time as, any provision of the amended Order shall be modified, terminated, suspended or set aside by the FDIC.
The Bank's authorization and agreement with the referenced amendments and revisions to the Order should be signified by execution and delivery to the FDIC's Atlanta Regional Office, Division of Compliance and Consumer Affairs, of a signed copy of this letter (in the space indicated), to-
{{5-31-96 p.TC-343}}gether with the enclosed Certificate of Adoption of Resolution.
Your attention is directed to the FDIC bulletin entitled "Community Reinvestment Act," dated May 17, 1995, FIL-35-95, for details of the principles and structure of the current performance based process of evaluating whether banks are meeting the credit needs of their respective communities, including low- and moderate-income neighborhoods.
If you have any questions concerning this matter please contact James E. Deen, Jr., Counsel, in writing at the above address or by telephone at (404) 817-1530.
CERTIFICATE OF ADOPTION OF
RESOLUTION
I, Harry Carratt, do hereby certify that I am the Secretary of Sunniland Bank, Fort Lauderdale, Florida ("Bank"); that the following Resolution was duly adopted by the Board of Directors of the Bank on March 7, 1996; and that this Resolution has not been modified or rescinded and is in full force and effect as of the date of this Certificate:
RESOLVED, that the Bank enter into a Stipulation and Consent to the Issuance of an Order to Cease and Desist ("Consent Agreement") on January 24, 1995, thereby consenting to the issuance by the Federal Deposit Insurance Corporation on January 30, 1995, of the Order to Cease and Desist ("Order"), Docket No. FDIC-95-13b, in the form attached to the Consent Agreement; that the Bank and the FDIC hereby acknowledge and agree to amend the Order in the specifics and for the reasons set forth in the attached letter amendment; and that the board of directors of the Bank hereby authorize and direct the president of the Bank to sign the letter amendment to the Order with the Federal Deposit Insurance Corporation on behalf of the Bank.
IN WITNESS WHEREOF, I have executed this Certificate on this 7th day of March, 1996.
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