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FDIC Enforcement Decisions and Orders |
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FDIC ordered a bank to cease and desist from unsafe or unsound banking practices, and to take affirmative action to correct such practices. The unsafe or unsound banking practices included operating with inadequate documentation; operating with ineffective loan collection practices; refinancing credits to borrowers in weak financial positions without improving collateral margins or establishing structured repayment programs; renewing or extending the due dates of loans without collection of interest due or obtaining adequate additional collateral to secure credit advanced for the purpose of paying interest; operating with an excessive volume of poor quality loans; failing to provide an adequate reserve for loan losses; failing to reflect accurately the bank's condition in published statements and other reports; operating without adequate liquidity and proper regard for funds management. (This order was terminated by order of the FDIC dated 1-30-92 see ¶ 9006.)
[.1] Examination of Banks "" Purpose
[.2] Examiners Weight Given to Opinion
[.3] Unsafe or Unsound Practices Statutory Standard
[.1] Examiners Weight Given to Opinion
[.5] Directors Duties and Responsibilities "" Delegation to Officers
[.6] Cease and Desist Orders Defenses Cessation of Violation
[.7] Cease and Desist Orders Affirmative Remedies Unsafe or Unsound Practice
{{4-1-90 p.A-643}}
In the Matter of * * * BANK * * *
[.1] 2. The purpose of an examination of a bank by the FDIC is to determine the safety and soundness of the institution, to assess the financial condition of the bank, and its compliance with applicable law and regulations.
CONCLUSIONS OF LAW
[.3] Also as noted by the FDIC, the courts have accepted the comptroller of the Treasury's definition of the phrase "unsafe and unsound".
[.4] As noted, In re Utica Bankshares Corp., Exchange Act Release No. 20,702, Fed. Sec. L. Rep (CCH) Para. 73,424, at 63,098 (Feb. 29, 1984). One obviously relevant factor to consider in determining an adequate reserve is the opinion of federal bank examiners.
Whether a cease and desist order should be issued.
[.7] Since the evidence clearly demonstrates that * * * Bank engaged in unsafe or unsound bank practices, it must next be decided whether the issuance of a cease and desist order is appropriate. Section 8(b)(1) of the Federal Deposit Insurance Act, 12 U.S.C. Section 1818(b)(1978), provides in pertinent part that a cease and desist order may be issued against any bank:
PROPOSED ORDER TO CEASE AND DESIST
IT IS HEREBY ORDERED, that * * * Bank, * * * , its directors, officers, employees, agents, successors, assigns, and other persons participating in the conduct of the affairs of the Bank, CEASE AND DESIST from the following unsafe or unsound banking practices: |
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Last Updated 6/6/2003 | legal@fdic.gov |