General
Webster Preferred Capital Corporation (the Company or WPCC) is a Connecticut corporation
incorporated in March 1997. The Company acquires, holds and manages real estate mortgage assets
(mortgage assets), including, but not limited to, residential mortgage loans, mortgage-backed
securities and commercial mortgage loans. At December 31, 2005 and 2004, the mortgage assets owned
by the Company were comprised of residential mortgage loans and mortgage-backed securities.
Although the Company may acquire and hold a variety of mortgage assets, its present intention is to
acquire only residential mortgage loans and mortgage-backed securities. The Company intends to
hold such assets to generate net income for distribution to its shareholders based on the spread
between the interest income earned on the mortgage assets and the cost of its capital and
operations. The Company may invest up to 5% of the total value of its portfolio in assets other
than residential mortgage loans and mortgage-backed securities eligible to be held by real estate
investment trusts (REITs).
All of the Companys common stock is owned by Webster Bank, National Association (Webster Bank).
Webster Bank has indicated to the Company that, for as long as any of the Companys preferred
shares are outstanding, Webster Bank intends to maintain direct ownership of 100% of the
outstanding common stock of the Company. Pursuant to the Companys Certificate of Incorporation,
the Company cannot redeem, or make any other payments or distributions with respect to shares of
its common stock to the extent such redemptions, payments or distributions would cause the
Companys total shareholders equity (as determined in accordance with U.S. generally accepted
accounting principles) to be less than 250% of the aggregate liquidation value of the issued and
outstanding preferred shares. The preferred shares are not exchangeable into capital stock or
other securities of the Company, Webster Bank or Webster Financial Corporation (Webster), the
parent company of Webster Bank, and do not constitute regulatory capital of either Webster Bank or
Webster. The Company has no subsidiaries.
The Company operates a single segment acquiring, holding and managing real estate mortgage
assets.
The Company has elected to be treated as a REIT under the Internal Revenue Code, as amended (the
Code). The Company generally will not be subject to federal and state income tax to the extent
that it distributes its earnings to its shareholders and maintains its qualification as a REIT.
Total assets of the Company were $511.8 million at December 31, 2005, a decrease of $25.5 million
from $537.3 million at December 31, 2004, primarily due a $25.0 million return-of-capital
distribution to Webster Bank. Reductions in cash of $6.9 million and residential mortgage loans of
$87.7 million were partly offset by increases in mortgage-backed securities of $20.6 million and
$48.0 million in interest-bearing deposits. There were $26.5 million of dividend payments to common
and preferred shareholders, which exceeded net income of $26.4 million. Shareholders equity was
$511.6 million at December 31, 2005 as compared to $537.2 million a year earlier.
Residential Mortgage Loans
The Company may, from time to time, acquire both conforming and nonconforming residential mortgage
loans. Conventional, conforming residential mortgage loans comply with the requirements for
inclusion in a loan guarantee program sponsored by either Freddie Mac or Fannie Mae. Nonconforming
residential mortgage loans do not qualify for these programs in one or more aspects. The
nonconforming residential mortgage loans that the Company purchases generally have original
principal balances which exceed the limits for these programs. The Companys nonconforming
residential mortgage loans are expected to meet the requirements for sale to national private
mortgage conduit programs or other investors in the secondary mortgage market. WPCC generally
purchases its mortgage loans from Webster Bank; there were no purchases in 2005 and $145.9 million
during 2004.
Residential mortgage loans are evidenced by a promissory note secured by a mortgage or deed of
trust or other similar security instrument creating a first lien on a single family (one-to-four
unit) residential property, including stock allocated to a dwelling unit in a residential
cooperative housing corporation. Residential real estate properties underlying residential
mortgage loans consist of individual dwelling units, individual cooperative apartment units,
individual condominium units, two- to four-family dwelling units, planned unit developments and
townhouses.
Investment Activities
Mortgage-backed securities . The Company may, from time to time, acquire fixed-rate or
adjustable-rate mortgage-backed securities representing interests in pools of residential mortgage
loans. A portion of any of the mortgage-backed securities that the Company purchases may have been
originated by Webster Bank by exchanging pools of mortgage loans for the mortgage-backed
securities. The mortgage loans underlying the mortgage-backed securities are secured by single
family residential properties located throughout the United States.
The Company intends to acquire only investment-grade mortgage-backed securities issued or
guaranteed by Fannie Mae, Freddie Mac and Government National Mortgage Association (GNMA). The
Company does not intend to acquire any interest-only, principal-only or high-risk mortgage-backed
securities. Further, the Company does not intend to acquire any residual interests in real estate
mortgage conduits or any interests, other than as a creditor, in any taxable mortgage pools.
Other real estate assets . Although the Company presently intends to invest only in residential
mortgage loans and mortgage-backed securities, the Company may invest up to 5% of the total value
of its portfolio in assets other than residential mortgage loans and mortgage-backed securities
eligible to be held by REITs. In addition to commercial mortgage loans, such assets could include
cash and cash equivalents. The Company does not intend to invest in securities or interests of
persons primarily engaged in real estate activities. At December 31, 2005 and 2004, the Company
did not hold any commercial mortgage loans.
Regulation
The Company is a wholly-owned subsidiary of Webster Bank, a wholly owned subsidiary of Webster.
Webster Bank is subject to extensive regulation, supervision and examination by the Office of the
Comptroller of the Currency (the OCC) as its primary federal regulator. Webster Bank also is
subject to regulation, supervision and examination by the Federal Deposit Insurance Corporation
(the FDIC) and Webster is subject to oversight by the Board of Governors of the Federal Reserve
System. These federal banking regulatory authorities have the right to examine the Company and its
activities as a subsidiary of Webster Bank.
If Webster Bank were to become undercapitalized under prompt corrective action initiatives, the
OCC has the authority to require, among other things, that Webster Bank or the Company alter,
reduce or terminate any activity that they determine poses an excessive risk to Webster Bank. The
Company does not believe that its activities currently pose, or in the future will pose, such a
risk to Webster Bank; however, there can be no assurance in that regard. The regulators also could
restrict transactions between Webster Bank and the Company, including the transfer of assets, or
require Webster Bank to divest or liquidate the Company. Webster Bank could further be directed to
take prompt corrective action if federal regulators determined that Webster Bank was in an unsafe
or unsound condition or engaging in an unsafe or unsound practice. In light of Webster Banks
control of the Company, as well as the Companys dependence and reliance upon the skills and
diligence of Webster Banks officers and employees, some or
all of the foregoing actions and restrictions could have an adverse effect on the operations of the
Company, including causing the Company to fail to qualify as a REIT.
Pursuant to OCC regulations and the Companys Certificate of Incorporation, the Company maintains a
separate corporate existence from Webster Bank. In the event Webster Bank should be placed into
receivership or conservatorship by federal bank regulators, such federal bank regulators would
control Webster Bank. There can be no assurance that these regulators would not cause Webster
Bank, as sole holder of the common stock of the Company, to take action adverse to the interest of
holders of the preferred shares of the Company.
Taxation
The Company has elected to be treated as a REIT under Sections 856 through 860 of the Code. As a
REIT, the Company generally will not be subject to federal and Connecticut income taxes on its net
income and capital gains that it distributes to the holders of its common stock and preferred
stock.
To maintain REIT status, an entity must meet a number of organizational and operational
requirements, including a requirement that it currently distribute to stockholders at least 90% of
its REIT taxable income (not including capital gains and certain items of non-cash income). If
the Company fails to qualify as a REIT in any taxable year, it will be subject to federal and
Connecticut state income tax at regular corporate rates. Notwithstanding qualification for
taxation as a REIT, the Company may be subject to federal, state and/or local tax, on undistributed
REIT taxable income and net income from prohibited transactions.
Employees
The Company has three officers. The executive officers are described further below in Item 10,
Directors and Officers of the Registrant. The Company does not anticipate that it will require
any additional employees because it has retained an advisor to administer the day-to-day activities
of the Company pursuant to an Advisory Agreement.
Competition
The Company does not engage in the business of originating mortgage loans. While the Company does
intend to acquire additional mortgage assets, it anticipates that these additional mortgage assets
will be acquired from Webster Bank. Accordingly, the Company does not compete or expect to compete
with mortgage conduit programs, investment banking firms, savings and loan associations, banks,
thrift and loan associations, finance companies, mortgage bankers or insurance companies in
acquiring our mortgage assets. Webster Bank, from which the Company expects to continue to
purchase most or all of its mortgage assets in the future, will face competition from these
organizations.
Item 1A. Risk Factors
The material risks and uncertainties that management believes affect the Company are described
below. Before making an investment decision, you should carefully consider the risks and
uncertainties described below together with all of the other information included or incorporated
by reference in this report. The risks and uncertainties described below are not the only ones
facing the Company. Additional risks and uncertainties that management is not aware of or focused
on or that management currently deems immaterial may also impair the Companys business operations.
This report is qualified in its entirety by these risk factors. If any of the following risks
actually occur, the Companys financial condition and results of operations could be materially and
adversely affected.
CONTROL BY WEBSTER BANK
The Company was organized as a wholly-owned subsidiary of Webster Bank, and will continue to be
controlled by and, through advisory and servicing agreements, thus totally reliant on Webster
Bank. The Companys Board of Directors consists entirely of Webster Bank employees and through
advisory and servicing agreements, Webster Bank and its affiliates are involved in every aspect of
the Companys existence. Webster Bank administers the day-to-day activities of the Company in
its role as (Advisor) under an (Advisory Agreement), and acts as (Servicer) of the Companys
mortgage loans under a (Servicing Agreement). In addition, all of the officers of the Company
are also officers of Webster Bank. As the holder of all of the outstanding voting stock of
the Company, Webster Bank generally will have the right to elect all of the directors of
the Company.
DEPENDENCE UPON WEBSTER BANK AS ADVISOR AND SERVICER
The Company is dependent on the diligence and skill of the officers and employees of Webster
Bank as its Advisor for the selection, structuring and monitoring of the Companys mortgage
assets. See Management. In addition, the Company is dependent upon the expertise of Webster Bank
as its Servicer for the servicing of the mortgage loans. The personnel deemed most essential to
the Companys operations are Webster Banks loan servicing and administration personnel, and the
staff of its finance department. The loan servicing and administration personnel will advise the
Company in the selection of mortgage assets, and provide loan servicing oversight. The finance
department will assist in the administrative operations of the Company. The Advisor may subcontract
all or a portion of its obligations under the Advisory Agreement to one or more affiliates, and
under certain conditions to non-affiliates, involved in the business of managing mortgage
assets. The Advisor may assign its rights or obligations under the Advisory Agreement, and the
Servicer may assign its rights and obligations under the Servicing Agreement, to any affiliate of
the Company involved in the business of managing real estate mortgage assets. Under the
Advisory Agreement, the Advisor may subcontract out its obligations to unrelated third parties with
the approval of the Board of Directors of the Company. In the event the Advisor or the Servicer
subcontracts or assigns its rights or obligations in such a manner, the Company will be
dependent upon the subcontractor or affiliate to provide services. Although Webster Bank has
indicated to the Company that it has no plans in this regard, if Webster Bank were to subcontract
all of its loan servicing to an outside third party, it also would do so with respect to mortgage
assets under the Servicing Agreement. Under such circumstances, there may be additional risks
as to the costs of such services and the ability to identify a subcontractor suitable to the
Company. The Servicer does not believe it would subcontract these duties unless it could not
perform such duties as efficiently and economically itself. See Item 13. Certain Relationships
and Related Transactions.
CONFLICTS OF INTEREST
Webster Bank and its affiliates may in the future have interests which are not necessarily
identical to those of the Company. Consequently, conflicts of interest may arise with respect to
transactions, including without limitation, future acquisitions of mortgage assets from Webster
Bank and/or affiliates of Webster Bank; servicing of mortgage loans; future dispositions of
mortgage loans to Webster Bank or affiliates of Webster Bank; and the modification of the
Advisory Agreement or the Servicing Agreement. Under each of the foregoing circumstances,
Webster Bank, as sole holder of the common stock, may, or may cause the directors and officers of
the Company (each of whom is an employee of Webster Bank) to, take actions adverse to the
interests of holders of Preferred Shares. It is the intention of the Company and Webster Bank that
any agreements and transactions between the Company, on the one hand, and Webster Bank and/or its
affiliates, on the other hand, are fair to all parties and consistent with market terms, including
the prices paid and received for mortgage assets on their acquisition or disposition by the
Company or in connection with the servicing of mortgage loans. Also, the Advisory Agreement
provides that nothing contained in such agreement shall prevent Webster Bank, its affiliates, or
an officer, director, employee or stockholder from engaging in any activity, including
without limitation, purchasing and managing real estate mortgage assets, rendering services
and investment advice with respect to real estate investment opportunities to any other
person (including other REITs) and managing other investments (including the investments of
Webster Bank and its affiliates). Although it is the intent of the Company and Webster Bank that
the dealings between the two be fair, there can be no assurance that agreements or transactions
will be on terms as favorable to the Company as those that could have been obtained from
unaffiliated third parties.
RISK OF FUTURE REVISIONS IN POLICIES AND STRATEGIES BY BOARD OF DIRECTORS
The Board of Directors of the Company has established the investment policies,
operating policies and strategies of the Company. These policies may be amended or revised from
time to time at the discretion of the Board of Directors without a vote of the Companys
stockholders, including holders of the preferred shares. The ultimate effect of any change in the
policies and strategies of the Company on a holder of Preferred Shares may be positive or
negative. For example, although the Company currently intends to maintain substantially all of
its assets in a combination of residential mortgage loans and mortgage-backed securities, the
Company may in the future acquire other mortgage assets, such as commercial mortgage loans, which
have a different and distinct risk profile.
REGULATORY IMPACT ON THE COMPANY
Webster Bank, which owns 100% of the Companys common stock, is subject to supervision and
regulation by, among others, the OCC and the FDIC. Because the Company is a subsidiary of Webster
Bank, such federal banking regulatory authorities will have the right to examine the Company and
its activities. If Webster Bank becomes undercapitalized under prompt corrective action
initiatives of the federal bank regulators, such regulatory authorities will have the authority to
require, among other things, Webster Bank or the Company to alter, reduce or terminate any activity
that the regulator determines poses an excessive risk to Webster Bank. The Company does not believe
that its activities presently do, or in the future will, pose a risk to Webster Bank; however
there can be no assurance in that regard. The regulators also could restrict transactions between
Webster Bank and the Company including the transfer of assets; require Webster Bank to divest or
liquidate the Company; or require that Webster Bank be sold. Webster Bank could further be directed
to take any other action that the regulatory agency determines will better carry out the purpose of
prompt corrective action. Webster Bank could be subject to these prompt corrective action
restrictions if federal regulators determined that Webster Bank was in an unsafe or unsound
condition or engaging in an unsafe or unsound practice. In light of Webster Banks control of the
Company, as well as the Companys dependence and reliance upon the skill and diligence of Webster
Bank officers and employees, some or all of the foregoing actions and restrictions could have an
adverse effect on the operations of the Company, including causing the Companys failure to qualify
as a REIT.
Pursuant to OCC regulations and the Companys Certificate of Incorporation, the Company is
required to maintain a separate corporate existence from Webster Bank, notwithstanding that
Webster Bank owns all of the common stock and that all of the directors and officers of the Company
are Webster Bank employees. In the event Webster Bank should be placed into receivership by
federal bank regulators, such federal bank regulators would be in control of Webster Bank.
There can be no assurance that they would not cause Webster Bank, as sole holder of the common
stock, to take action adverse to holders of preferred shares.
ADVERSE TAX CONSEQUENCES OF FAILURE TO QUALIFY AS A REIT
The Company intends to operate so as to qualify as a REIT under the Code. Although the
Company believes that it is owned, organized and operates in such a manner as to qualify as a REIT,
no assurance can be given as to the Companys ability to remain qualified as a REIT. Qualification
as a REIT involves the application of highly technical and complex Code provisions for which there
are only limited judicial or administrative interpretations. The determination of various factual
matters and circumstances, not entirely within the Companys control, may affect the Companys
ability to qualify as a REIT. Although the Company is not aware of any proposal in Congress to
amend the tax laws in a manner that would materially and adversely affect the Companys ability to
operate as a REIT, no assurance can be given that new legislation, regulations, administrative
interpretations or court decisions will not significantly change the tax laws in the future with
respect to qualification as a REIT or the federal income tax consequences of such qualification.
If, in any taxable year, the Company fails to qualify as a REIT, the Company would not be allowed a
deduction for distributions to shareholders in computing its federal taxable income and would be
subject to federal and Connecticut state income tax (including any applicable alternative minimum
tax) on its taxable income at regular corporate rates. As a result, the amount available for
distribution to the Companys stockholders would be reduced for the year or years involved. In
addition, unless entitled to relief under certain statutory provisions, the Company would also be
disqualified from treatment as a REIT for the four taxable years following the year during which
qualification was lost. A failure of the Company to qualify as a REIT would not by itself give the
Company the right to redeem the preferred shares, nor would it give the holders of the preferred
shares the right to have their shares redeemed.
Notwithstanding that the Company currently intends to operate in a manner designed to qualify as a
REIT, future economic, market, legal, tax or other considerations may cause the Company to
determine that it is in the best interest
of the Company and the holders of its common stock and preferred stock to revoke the REIT election.
The tax law prohibits the Company from electing treatment as a REIT for the four taxable years
following the year of such revocation.
In the event that the Company has insufficient available cash on hand or is otherwise precluded
from making dividend distributions in amounts sufficient to maintain its status as a REIT or to
avoid imposition of an excise tax, the Company may avail itself of consent dividend procedures. A
consent dividend is a hypothetical dividend, as opposed to an actual dividend, declared by the
Company and treated for U.S. federal tax purposes as though it had actually been paid to
stockholders who were the owners of shares on the last day of the year and who executed the
required consent form, and then recontributed the dividend to the Company. The Company would use
the consent dividend procedures only with respect to its common stock.
GEOGRAPHIC CONCENTRATION
Certain geographic regions of the United States may from time to time experience natural
disasters or weaker regional economic conditions and housing markets, and, consequently, may
experience higher rates of loss and delinquency on mortgage loans generally. Any concentration of
the mortgage loans in such a region may present risks in addition to those present with respect to
mortgage loans generally. Substantially all of the residential properties underlying the mortgage
assets presently are located in Connecticut. These mortgage assets may be subject to a greater risk
of default than other comparable mortgage assets in the event of adverse economic, political or
business developments or natural hazards that may affect such region and the ability of property
owners in such region to make payments of principal and interest on the underlying mortgages.
RISKS RELATED TO CHANGES IN INTEREST RATES
The results of the Companys operations will be affected by various factors, many of which
are beyond the control of management. Because the Company does not intend to incur any
borrowings, the Companys net income will be dependent primarily upon the yield on its mortgage
assets. Accordingly; income over time will vary as a result of changes in interest rates, the
behavior of which involve various risks and uncertainties, and the supply of and demand for
mortgage assets. Prepayment rates and interest rates depend upon the nature and terms of the
mortgage assets, the geographic location of the real estate securing the mortgage loans included
in or underlying the mortgage assets, conditions in financial markets, the fiscal and monetary
policies of the United States government and the Board of Governors of the Federal Reserve
System, competition and other factors, none of which can be predicted with any certainty. While
increases in interest rates will generally increase the yields on the Companys adjustable-rate
mortgage assets, decreasing rates typically would decrease such yields and also may result in
increased levels of prepayments. Under such circumstances, the Company may not be able to
reinvest at a favorable yield.
REAL ESTATE MARKET CONDITIONS
The results of the Companys operations will be affected by various factors, many of which are
beyond the control of the Company, such as local and other economic conditions affecting the values
of the properties underlying the mortgage assets and the ability of mortgagees to make payments of
principal and interest on their mortgage loans. A decline in the value of properties underlying
the mortgage assets may cause a higher level of defaults on mortgage loans. There can be no
assurance that a decline in local or other economic conditions will not adversely affect mortgage
assets currently owned by the Company or acquired by the Company in the future.
DELAYS IN LIQUIDATING DEFAULTED MORTGAGE LOANS
Even assuming that the mortgaged properties underlying the mortgage loans held by the Company
provide adequate security for such mortgage loans, substantial delays could be encountered in
connection with the liquidation of defaulted mortgage loans, with corresponding delays in the
receipt of related proceeds by the Company. An action to foreclose on a mortgaged property securing
a mortgage loan is regulated by state statutes and rules and is subject to many of the delays and
expenses of other lawsuits if defenses or counterclaims are interposed, sometimes requiring several
years to complete. In some states, an action to obtain a deficiency judgment is not permitted
following a non-judicial sale of a mortgaged property. In Connecticut, where substantially all of
the properties currently securing the Companys mortgage loans are located, foreclosures are
judicial and an action to obtain a deficiency judgment is only permitted following a judicial
foreclosure of a mortgaged property. In the event of a default by a mortgagor, these
restrictions, among other things, may impede the ability of the Company to foreclose on or sell
the mortgaged property or to obtain proceeds sufficient to repay all amounts due on the related
mortgage loan. In addition, the servicer of the Companys mortgage loans will be entitled to deduct
from collections received all expenses reasonably incurred in attempting to recover amounts due and
not yet repaid on liquidated mortgage loans, including legal fees and costs of legal action, real
estate taxes and maintenance and preservation expenses, thereby reducing amounts available to the
Company.
NO CREDIT ENHANCEMENT OR SPECIAL HAZARD INSURANCE
The Company generally does not intend to obtain credit enhancements such as mortgagor
bankruptcy insurance or to obtain special hazard insurance for its mortgage loans, other than
standard hazard insurance, which will in each case
only relate to individual mortgage loans. Accordingly, during the time it holds mortgage loans for
which third party insurance is not obtained, the Company will be subject to risks of borrower
defaults and bankruptcies and special hazard losses that are not covered by standard hazard
insurance (such as those occurring from earthquakes or floods). In addition, in the event of a
default on any mortgage loan held by the Company resulting from declining property values or
worsening economic conditions, among other factors, the Company would bear the risk of loss of
principal to the extent of any deficiency between (i) the value of the related mortgaged property,
plus any payments from an insurer (or guarantor in the case of commercial mortgage loans) and (ii)
the amount owing on the mortgage loan.
RISK ASSOCIATED WITH LEVERAGE
Although the Company does not currently intend to incur any indebtedness in connection with
the acquisition and holding of mortgage assets, the Company may do so at any time. Under the
Companys Certificate of Incorporation and other corporate governance documents, there are no
limitations on the Companys ability to incur additional indebtedness. To the extent the Company
were to change its policy with respect to the incurrence of indebtedness, the Company would be
subject to risks associated with leverage, including, without limitation, changes in
interest rates and prepayment risk.
A leveraging strategy may create instability in the Companys operations and reduce income
under adverse market conditions. A decline in the market value of mortgage assets could limit the
Companys ability to borrow. The Company could be required to sell mortgage assets under adverse
market conditions in order to maintain liquidity. If these sales were made at prices lower than
the carrying value of the mortgage assets, the Company would experience losses. A default by the
Company under its collateralized borrowings could also result in a liquidation of the collateral,
resulting in a loss of the difference between the value of the collateral and the amount borrowed.
To the extent the Company is compelled to liquidate mortgage assets to repay borrowings, its
compliance with the REIT rules regarding asset and sources of income requirements could be
negatively affected, ultimately jeopardizing the Companys status as a REIT.
In addition, if the Company were to rely on short term borrowings, it also would be subject to
interest rate risk to the extent of a mismatch between the long term yield of its mortgage asset
portfolio and the short term costs of its borrowings. Developing an effective interest rate risk
management strategy is complex and no management strategy can completely insulate the Company
from risks associated with changes in interest rates. In addition, any hedges of interest rate risk
would involve transaction costs, which generally increase significantly as the period covered by
the hedge increases as well as during periods of volatile interest rates. To the extent the Company
hedges against interest rate risks, the Company may substantially reduce its net income.
Further, the federal tax laws applicable to REITs may limit the Companys ability to hedge fully
its interest rate risks. Such federal tax laws may prevent the Company from effectively
implementing hedging strategies that, absent such restrictions, would best insulate the Company
from the risks associated with changing interest rates.
Item 1B. Unresolved Staff Comments
The Company has no unresolved comments from the SEC staff.
I
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