WESTAMERICA BANCORPORATION (the Company) is a bank holding company registered under
the Bank Holding Company Act of 1956, as amended (BHCA). Its legal headquarters are
located at 1108 Fifth Avenue, San Rafael, California 94901. Principal administrative
offices are located at 4550 Mangels Boulevard, Fairfield, California 94534 and its
telephone number is (707) 863-6000. The Company provides a full range of banking
services to individual and corporate customers in Northern and Central California
through its subsidiary bank, Westamerica Bank (WAB or the Bank). The principal
communities served are located in Northern and Central California, from Mendocino, Lake
and Nevada Counties in the North to Kern County in the South. The Companys strategic
focus is on the banking needs of ses. In addition, the Company also owns
100% of the capital stock of Community Banker Services Corporation, a company engaged in
providing the Company and its subsidiaries with data processing services and other
support functions.
The Company was incorporated under the laws of the State of California in 1972 as
Independent Bankshares Corporation pursuant to a plan of reorganization among three
previously unaffiliated Northern California banks. The Company operated as a multi-bank
holding company until mid-1983, at which time the then six subsidiary banks were merged
into a single bank named Westamerica Bank and the name of the holding company was
changed to Westamerica Bancorporation.
The Company acquired five additional banks within its immediate market area during the
early to mid 1990s. In April, 1997, the Company acquired ValliCorp Holdings, Inc.,
parent company of ValliWide Bank, the largest independent bank holding company
headquartered in Central California. Under the terms of all of the merger agreements,
the Company issued shares of its common stock in exchange for all of the outstanding
shares of the acquired institutions. The subsidiary banks acquired were merged with and
into WAB. These business combinations were accounted for as poolings-of-interests.
In August, 2000, the Company acquired First Counties Bank. The acquisition was valued at
approximately $19.7 million and was accounted for using the purchase accounting method.
The assets and liabilities of First Counties Bank were fully merged into WAB in
September 2000. First Counties Bank had $91 million in assets and offices in Lake, Napa, and Colusa counties.
In June of 2002 the Company acquired Kerman State Bank. The acquisition was valued at
approximately $14.6 million and was accounted for using the purchase accounting method.
The assets and liabilities of Kerman State Bank were fully merged into WAB immediately
upon consummation of the merger. Kerman State Bank had $95 million in assets and three
offices in Fresno county.
On March 1, 2005, the Company acquired Santa Rosa based Redwood Empire Bancorp, the
parent company of National Bank of the Redwoods (NBR). The acquisition was valued at
approximately $153 million and was accounted for using the purchase accounting method.
The assets and liabilities of NBR were fully merged into WAB as of close of business day
on March 11, 2005. As of March 1, 2005, NBR had approximately $440 million in loans and
$370 million in deposits.
At December 31, 2006, the Company had consolidated assets of approximately $4.8
billion, deposits of approximately $3.5 billion and shareholders equity of
approximately $424.2 million. The Company and its subsidiaries employed approximately
890 full-time equivalent staff as of December 31, 2006.
The Company makes available free of charge its annual report on Form 10-K, quarterly
reports on Form 10-Q, current reports on Form 8-K and any amendments to those reports
as well as beneficial ownership reports on Forms 3, 4 and 5 as soon as reasonably
practicable after they are electronically filed with or furnished to the Securities
and Exchange Commission (SEC) through its website (http://www.westamerica.com). Such
documents are also available through the SECs website (http://www.sec.gov). Requests
for the Form 10-K annual report, as well as the Companys director, officer and
employee Code of Conduct and Ethics, can also be submitted to:
Westamerica
Bancorporation
Corporate Secretary A-2M
Post Office Box 1200
Suisun City, California 94585-1200
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Supervision and Regulation
The following is not intended to be an exhaustive description of the statutes and
regulations applicable to the Companys or the Banks business. The description of
statutory and regulatory provisions is qualified in its entirety by reference to the
particular statutory or regulatory provisions. Moreover, major new legislation and other
regulatory changes affecting the Company, the Bank, banking, and the financial services
industry in general have occurred in the last several years and can be expected to occur
in the future. The nature, timing and impact of new and amended laws and regulations
cannot be accurately predicted.
Regulation and Supervision of Bank Holding Companies
The Company is a bank holding company subject to the BHCA. The Company reports to, is
registered with, and may be examined by, the Board of Governors of the Federal Reserve
System (FRB). The FRB also has the authority to examine the Companys subsidiaries. The
costs of any examination by the FRB are payable by the Company. The Company is a bank
holding company within the meaning of Section 3700 of the California Financial Code. As
such, the Company and the Bank are subject to examination by, and may be required to file
reports with, the California Commissioner of Financial Institutions (the Commissioner).
The FRB has significant supervisory and regulatory authority over the Company and its
affiliates. The FRB requires the Company to maintain certain levels of capital. See
Capital Standards. The FRB also has the authority to take enforcement action against
any bank holding company that commits any unsafe or unsound practice, or violates
certain laws, regulations or conditions imposed in writing by the FRB. Under the BHCA,
the Company is required to obtain the prior approval of the FRB before it acquires,
merges or consolidates with any bank or bank holding company. Any company seeking to
acquire, merge or consolidate with the Company also would be required to obtain the
prior approval of the FRB.
The Company is generally prohibited under the BHCA from acquiring ownership or control
of more than 5% of any class of voting shares of any company that is not a bank or bank
holding company and from engaging directly or indirectly in activities other than
banking, managing banks, or providing services to affiliates of the holding company.
However, a bank holding company, with the approval of the FRB, may engage, or acquire
the voting shares of companies engaged, in activities that the FRB has determined to be
closely related to banking or managing or controlling banks. A bank holding company must
demonstrate that the benefits to the public of the proposed activity will outweigh the
possible adverse effects associated with such activity.
The FRB generally prohibits a bank holding company from declaring or paying a cash
dividend that would impose undue pressure on the capital of subsidiary banks or would be
funded only through borrowing or other arrangements which might adversely affect a bank
holding companys financial position. Under the FRB policy, a bank holding company
should not continue its existing rate of cash dividends on its common stock unless its
net income is sufficient to fully fund each dividend and its prospective rate of
earnings retention appears consistent with its capital needs, asset quality and overall
financial condition. See the section entitled Restrictions on Dividends and Other
Distributions for additional restrictions on the ability of the Company and the Bank to
pay dividends.
Transactions between the Company and the Bank are restricted under Regulation W, which
became effective on April 1, 2003. The regulation codifies prior interpretations of the
FRB and its staff under Sections 23A and 23B of the Federal Reserve Act. In general,
subject to certain specified exemptions, a bank or its subsidiaries are limited in their
ability to engage in covered transactions with affiliates: (a) to an amount equal to
10% of the banks capital and surplus, in the case of covered transactions with any one
affiliate; and (b) to an amount equal to 20% of the banks capital and surplus, in the
case of covered transactions with all affiliates. The Company is considered to be an
affiliate of the Bank.
A covered transaction includes, among other things, a loan or extension of credit to
an affiliate; a purchase of securities issued by an affiliate; a purchase of assets
from an affiliate, with some exceptions; and the issuance of a guarantee, acceptance
or letter of credit on behalf of an affiliate.
Federal
regulations governing bank holding companies and change in bank control (Regulation Y) provide for a streamlined and expedited review process for bank acquisition proposals
submitted by well-run bank holding companies. These provisions of Regulation Y are
subject to numerous qualifications, limitations and restrictions. In order for a bank
holding company to qualify as well-run, both it and the insured depository
institutions which it controls must meet the well capitalized and well managed
criteria set forth in Regulation Y.
On March 11, 2000, the Gramm-Leach-Bliley Act (the GLBA), or the Financial Services
Act of 1999 became effective. The GLBA repealed provisions of the Glass-Steagall Act,
which had prohibited commercial banks and securities firms from affiliating with each
other and engaging in each others businesses. Thus, many of the barriers prohibiting
affiliations between commercial banks and securities firms have been eliminated.
The BHCA was also amended by the GLBA to allow new financial holding companies (FHCs)
to offer banking, insurance, securities and other financial products to consumers.
Specifically, the GLBA amended section 4 of the BHCA in order to provide for a framework
for the engagement in new financial activities. A bank holding company (BHC) may elect
to become an FHC if all its subsidiary depository institutions are well capitalized and
well managed. If these requirements are met, a BHC may file a certification to that
effect with the FRB and declare that it elects to become an FHC. After the certification
and declaration is filed, the FHC may engage either de novo or though an acquisition in
any activity that has been determined by the FRB to be financial in nature or incidental
to such financial activity. BHCs may engage in financial activities without prior notice
to the FRB if those activities qualify under the new list of permissible activities in
section 4(k) of the BHCA. However, notice must be given to the FRB within 30 days after
an FHC has commenced one or more of the financial activities. The Company has not elected
to become an FHC.
Under the GLBA, Federal Reserve member banks, subject to various requirements, as well as
national banks, are permitted to engage through financial subsidiaries in certain
financial activities permissible for affiliates of FHCs. However, to be able to engage in
such activities the Bank must also be well capitalized and well managed and have received
at least a satisfactory rating in its most recent Community Reinvestment Act
examination. The Company cannot be certain of the future effect of the foregoing
legislation on its business, although there is likely to be consolidation among financial
services institutions and increased competition for the Company.
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Regulation and Supervision of Banks
The Bank is a California state-chartered bank, is insured by the Federal Deposit
Insurance Corporation (the FDIC) and is a member bank of the Federal Reserve System.
As such, the Bank is subject to regulation, supervision and regular examination by the
California Department of Financial Institutions (DFI) and the FRB. As a member bank of
the Federal Reserve System, the Banks primary federal regulator is the FRB. The
regulations of these agencies affect most aspects of the Banks business and prescribe
permissible types of loans and investments, the amount of required reserves,
requirements for branch offices, the permissible scope of its activities and various
other requirements.
In addition to federal banking law, the Bank is also subject to applicable provisions
of California law. Under California law, the Bank is subject to various restrictions
on, and requirements regarding, its operations and administration including the
maintenance of branch offices and automated teller machines, capital requirements,
deposits and borrowings, shareholder rights and duties, and investment and lending
activities.
California law permits a state-chartered bank to invest in the stock and securities of
other corporations, subject to a state-chartered bank receiving either general
authorization or, depending on the amount of the proposed investment, specific
authorization from the Commissioner. However, because the Bank is a member of the
Federal Reserve System, its investment authority is limited by regulations promulgated
by the FRB. In addition, the Federal Deposit Insurance Corporation Improvement Act
(FDICIA) imposes limitations on the activities and equity investments of state
chartered, federally insured banks. FDICIA also prohibits a state bank from making an
investment or engaging in any activity as a principal that is not permissible for a
national bank, unless the Bank is adequately capitalized and the FDIC approves the
investment or activity after determining that such investment or activity does not pose
a significant risk to the deposit insurance fund.
Capital Standards
The federal banking agencies have risk-based capital adequacy guidelines intended to
provide a measure of capital adequacy that reflects the degree of risk associated with
a banking organizations operations for both transactions reported on the balance sheet
as assets, and transactions
such as letters of credit and recourse arrangements, which are recorded as off balance
sheet items. Under these guidelines, nominal dollar amounts of assets and credit
equivalent amounts of off balance sheet items are multiplied by one of several risk
adjustment percentages, which range from 0% for assets with low credit risk, such as
certain U.S. government securities, to 100% for assets with relatively higher credit
risk, such as certain loans.
A banking organizations risk-based capital ratios are obtained by dividing its
qualifying capital by its total risk-adjusted assets and off balance sheet items.
The federal banking agencies take into consideration concentrations of credit risk and
risks from nontraditional activities, as well as an institutions ability to manage those
risks, when determining the adequacy of an institutions capital. This evaluation is made
as a part of the institutions regular safety and soundness examination. The federal
banking agencies also consider interest rate risk (related to the interest rate
sensitivity of an institutions assets and liabilities, and its off balance sheet
financial instruments) in the evaluation of a banks capital adequacy.
As of December 31, 2006, the Companys and the Banks respective ratios exceeded
applicable regulatory requirements. See Note 10 to the consolidated financial statements
for capital ratios of the Company and the Bank, compared to the standards for well
capitalized depository institutions and for minimum capital requirements.
Prompt Corrective Action and Other Enforcement Mechanisms
FDICIA requires each federal banking agency to take prompt corrective action to
resolve the problems of insured depository institutions, including but not limited to
those that fall below one or more prescribed minimum capital ratios.
An
institution that, based upon its capital levels, is classified as well capitalized, adequately capitalized or undercapitalized may be treated as though it were in the
next lower capital category if the appropriate federal banking agency, after notice and
opportunity for hearing, determines that an unsafe or unsound condition or an unsafe or
unsound practice warrants such treatment. At each successive lower capital category, an
insured depository institution is subject to more restrictions. In addition to measures
taken under the prompt corrective action provisions, commercial banking organizations
may be subject to potential enforcement actions by the federal banking agencies for
unsafe or unsound practices in conducting their businesses or for violations of any law,
rule, regulation or any condition imposed in writing by the agency or any written
agreement with the agency.
- 5 -
Safety and Soundness Standards
FDICIA also implemented certain specific restrictions on transactions and required
federal banking regulators to adopt overall safety and soundness standards for
depository institutions related to internal control, loan underwriting and documentation
and asset growth. Among other things, FDICIA limits the interest rates paid on deposits
by undercapitalized institutions, restricts the use of brokered deposits, limits the
aggregate extensions of credit by a depository institution to an executive officer,
director, principal shareholder or related interest, and reduces deposit insurance
coverage for deposits offered by undercapitalized institutions for deposits by certain
employee benefits accounts. The federal banking agencies may require an institution to
submit to an acceptable compliance plan as well as have the flexibility to pursue other
more appropriate or effective courses of action given the specific circumstances and
severity of an institutions noncompliance with one or more standards.
Federal banking agencies require banks to maintain adequate valuation allowances for
potential credit losses. The Company has an internal staff that continually reviews
loan quality and ultimately reports to the Board of Directors. This analysis includes
a detailed review of the classification and categorization of problem loans,
assessment of the overall quality and collectibility of the loan portfolio,
consideration of loan loss experience, trends in problem loans, concentration of
credit risk, and current economic conditions, particularly in the Banks market areas.
Based on this analysis, management, with the review and approval of the Board,
determines the adequate level of allowance required. The allowance is allocated to
different segments of the loan portfolio, but the entire allowance is available for
the loan portfolio in its entirety.
Restrictions on Dividends and Other Distributions
The power of the board of directors of an insured depository institution to declare a
cash dividend or other distribution with respect to capital is subject to statutory
and regulatory restrictions which limit the amount available for such distribution
depending upon the earnings, financial condition and cash needs of the institution, as
well as general business conditions. FDICIA prohibits insured depository institutions
from paying management fees to any controlling persons or, with certain limited
exceptions, making capital distributions, including dividends, if, after such
transaction, the institution would be undercapitalized.
In addition to the restrictions imposed under federal law, banks chartered under
California law generally may only pay cash dividends to the extent such payments do
not exceed the lesser of retained earnings of the bank or the banks net income for
its last three fiscal years (less any distributions to shareholders during this
period). In the event a bank desires to pay cash dividends in excess of such amount,
the bank may pay a cash dividend with the prior approval of the Commissioner in an
amount not exceeding the greatest of the banks retained earnings, the banks net
income for its last fiscal year or the banks net income for its current fiscal year.
The federal banking agencies also have the authority to prohibit a depository
institution from engaging in business practices which are considered to be unsafe or
unsound, possibly including payment of dividends or other payments under certain
circumstances even if such payments are not expressly prohibited by statute.
Premiums for Deposit Insurance and Assessments for Examinations
The Banks deposits are insured by the Bank Insurance Fund (BIF) administered by the
FDIC. FDICIA established several mechanisms to increase funds to protect deposits
insured by the BIF administered by the FDIC. The FDIC is authorized to borrow up to $30
billion from the United States Treasury; up to 90% of the fair market value of assets of
institutions acquired by the FDIC as receiver from the Federal Financing Bank; and from
depository institutions which are members of the BIF. Any borrowings not repaid by asset
sales are to be repaid through insurance premiums assessed to member institutions. Such
premiums must be sufficient to repay any borrowed funds within 15 years and provide
insurance fund reserves of $1.25 for each $100 of insured deposits. FDICIA also provides
authority for special assessments against insured deposits.
- 6 -
Congress adopted the Federal Deposit Insurance Reform Act of 2005 as part of the Deficit
Reduction Act of 2005 and President Bush signed it on February 8, 2006 and a companion
bill, the Federal Deposit Insurance Reform Conforming Amendments Act of 2005, on
February 15, 2006. This legislation provides for:
- merging the BIF and SAIF deposit insurance funds;
- annually adjusting the minimum insurance fund reserve ratio between $1.15 and $1.50
per $100 of insured deposits;
- increasing deposit coverage for retirement accounts to
$250,000,
- indexing the insurance level for inflation, with any increases approved by
the FDIC and National Credit Union
Administration on a five-year cycle beginning in 2010 after review of the state of the
deposit insurance fund and related factors;
- credits of up to $4.7 billion to offset
premiums for banks that capitalized the FDIC by 1996; and
- an historical basis concept
for distributing credits and dividends to reflect past contributions to the insurance
funds.
In the fourth quarter of 2006, the FDIC adopted two final rules implementing the Federal
Deposit Insurance Reform Act of 2005. One rule creates a new system for risk- based
assessments and sets assessment rates beginning January 1, 2007. Assessment rates are
three basis points above the base rates, ranging from 5 to 7 basis for Risk Category I
institutions, 10 basis points for Risk Category II institutions, 28 basis points for
Risk Category III institutions, and 43 basis points for Risk Category IV institutions.
The Bank is categorized as a Risk Category I institution. The other rule sets the designated reserve ratio at 1.25 percent. In October of 2006,
FDICs Board adopted a final rule governing the distribution and use of the $4.7
billion one-time assessment credit and a temporary final rule that expires at the end
of 2009 governing dividends from the insurance fund. The Bank had assessment credits
of approximately $5 million as of December 31, 2006.
Community Reinvestment Act and Fair Lending Developments
The Bank is subject to certain fair lending requirements and reporting obligations
involving home mortgage lending operations and Community Reinvestment Act (CRA)
activities. The CRA generally requires the federal banking agencies to evaluate the
record of financial institutions in meeting the credit needs of their local communities,
including low and moderate income neighborhoods. In addition to substantive penalties
and corrective measures that may be required for a violation of certain fair lending
laws, the federal banking agencies may take compliance with such laws and CRA into
account when regulating and supervising other activities.
Financial Privacy Legislation
The GLBA, in addition to the previously described changes in permissible nonbanking
activities permitted to banks, BHCs and FHCs, also required the federal banking
agencies, among other federal regulatory agencies, to adopt regulations governing the
privacy of consumer financial information. The FRB adopted such regulations with an
effective date of November 13, 2000, and a date of full compliance with the regulations
on July 1, 2001. The Bank is subject to the FRBs regulations.
Customer Information Security
The federal bank regulatory agencies have established standards for safeguarding
nonpublic personal information about customers that implement provisions of the GLBA
(the Guidelines). Among other things, the Guidelines require each financial
institution, under the supervision and ongoing oversight of its Board of Directors or an
appropriate committee thereof, to develop, implement and maintain a comprehensive
written information security program designed to ensure the security and confidentiality
of customer information, to protect against any anticipated threats or hazards to the
security or integrity of such information, and to protect against unauthorized access to
or use of such information that could result in substantial harm or inconvenience to any
customer.
U.S.A. PATRIOT Act
On October 26, 2001, the President signed into law the Uniting and Strengthening America
by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001
or the USA Patriot Act. Title III of the Act is the International Money Laundering
Abatement and Anti-Terrorist Financing Act of 2001. It includes numerous provisions for
fighting international money laundering and blocking terrorist access to the U.S.
financial system. The goal of Title III is to prevent the U.S. financial system and the
U.S. clearing mechanisms from being used by parties suspected of terrorism, terrorist
financing and money laundering.
- 7 -
The provisions of Title III of the USA Patriot Act which affect banking organizations,
including the Bank, are generally set forth as amendments to the Bank Secrecy Act. These
provisions relate principally to U.S. banking organizations relationships with foreign
banks and with persons who are resident outside the United States. The USA Patriot Act
does not immediately impose any new filing or reporting obligations for banking
organizations, but does require certain additional due diligence and recordkeeping
practices. Some requirements take effect without the issuance of regulations. Other
provisions were implemented through regulations promulgated by the
U.S. Department of the Treasury, in consultation with the FRB and other federal financial
institutions regulators.
Sarbanes-Oxley Act of 2002
On July 30, 2002, the U.S. Congress enacted the Sarbanes-Oxley Act of 2002
(Sarbanes-Oxley). The stated goals of Sarbanes-Oxley are to increase corporate
responsibility, to provide for enhanced penalties for accounting and auditing
improprieties at publicly traded companies and to protect investors by improving the
accuracy and reliability of corporate disclosures pursuant to the securities laws.
Sarbanes-Oxley generally applies to all companies, both U.S. and non-U.S., that file or
are required to file periodic reports under the Securities Exchange Act of 1934 (the
Exchange Act).
Sarbanes-Oxley includes very specific additional disclosure requirements and new
corporate governance rules, requires the SEC and securities exchanges to adopt extensive
additional disclosure, corporate governance and other related rules and mandates further
studies of certain issues. Sarbanes-Oxley represents significant federal involvement in
matters traditionally left to state regulatory systems, such as the regulation of the
accounting profession, and to state corporate law, such as the relationship between a
board of directors and management and between a board of directors and its committees
and public company shareholders.
Sarbanes-Oxley addresses, among other matters: (i) independent audit committees for
reporting companies whose securities are listed on national exchanges or automated
quotation systems (the Exchanges) and expanded duties and responsibilities for audit
committees; (ii) certification of financial statements by the chief executive officer
and the chief financial officer; (iii) the forfeiture of bonuses or other
incentive-based compensation and profits from the sale of an issuers securities by
directors and senior officers in the twelve month period following initial publication
of any financial statements that later require restatement; (iv) a prohibition on
insider trading during pension plan black out periods; (v) disclosure of off-balance
sheet transactions; (vi) a prohibition on personal loans to directors and officers under
most circumstances with exceptions for certain normal course transactions by regulated
financial institutions; (vii) expedited electronic filing requirements related to
trading by insiders in an issuers securities on Form 4; (viii) disclosure of a code of
ethics and filing a Form 8-K for a change or waiver of such code; (ix) accelerated
filing of periodic reports; (x) the formation of the Public Company Accounting Oversight
Board (PCAOB) to oversee public accounting firms and the audit of public companies
that are subject to the securities laws; (xi) auditor independence; (xii) internal
control evaluation and reporting; and (xiii) various increased criminal penalties for
violations of securities laws.
Given the extensive role of the SEC, the PCAOB and the Exchanges in implementing rules
relating to Sarbanes-Oxleys new requirements, the federalization of certain elements
traditionally within the
sphere of state corporate law, the impact of Sarbanes-Oxley on reporting companies
have been and will continue to be significant.
Pending Legislation
Changes to state laws and regulations (including changes in interpretation or
enforcement) can affect the operating environment of BHCs and their subsidiaries in
substantial and unpredictable ways. From time to time, various legislative and
regulatory proposals are introduced. These proposals, if codified, may change banking
statutes and regulations and the Companys operating environment in substantial and
unpredictable ways. If codified, these proposals could increase or decrease the cost of
doing business, limit or expand permissible activities or affect the competitive
balance among banks, savings associations, credit unions and other financial
institutions. The Company cannot accurately predict whether those changes in laws and
regulations will occur, and, if those changes occur, the ultimate effect they would
have upon our financial condition or results of operations. It is likely, however, that
the current high level of enforcement and compliance-related activities of federal and
state authorities will continue and potentially increase.
Competition
In the past, WABs principal competitors for deposits and loans have been other banks
(particularly major banks), savings and loan associations and credit unions. To a
lesser extent, competition was also provided by thrift and loans, mortgage brokerage
companies and insurance companies. Other institutions, such as brokerage houses,
mutual fund companies, credit card companies, and certain retail establishments have
offered investment vehicles which also compete with banks for deposit business.
Federal legislation in recent years has encouraged competition between different types
of financial institutions and fostered new entrants into the financial services
market, and it is anticipated that this trend will continue.
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The enactment of the Interstate Banking and Branching Act in 1994 and the California
Interstate Banking and Branching Act of 1995 have increased competition within California.
Regulatory reform, as well as other changes in federal and California law will also affect
competition. While the future impact of these changes, and of other proposed changes,
cannot be predicted with certainty, it is clear that the business of banking in California
will remain highly competitive.
Legislative changes, as well as technological and economic factors, can be expected
to have an ongoing impact on competitive conditions within the financial services
industry. As an active participant in the financial markets, the Company believes
that it continually adapts to these changing competitive conditions.
ITEM 1A. RISK FACTORS
Readers and prospective investors in the Companys securities should carefully consider
the following risk factors as well as the other information contained 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. If this were to
happen, the value of the companys securities could decline significantly, and
investors could lose all or part of their investment in the Companys common stock.
Market and Interest Rate Risk
Changes in interest rates could reduce income and cash flow.
The discussion in this report under Item 7 Managements Discussion and Analysis of
Financial Condition and Results of Operations Asset and Liability Management and -
Liquidity and Item 7A Quantitative and Qualitative Disclosures About Market Risk is
incorporated by reference in this paragraph. The Banks income and cash flow depend to a
great extent on the difference between the interest earned on loans and investment
securities, the interest paid on deposits and other borrowings and the Companys success
in competing for deposits. The Company cannot control or prevent changes in the level of
interest rates. They fluctuate in response to general economic conditions and the
policies of various governmental and regulatory agencies, in particular, the FRB. Changes
in monetary policy, including changes in interest rates, will influence the origination
of loans, the purchase of investments, the generation of deposits and the rates received
on loans and investment securities and paid on deposits and other liabilities.
Risks Related to the Nature and Geographical Location of the Companys Business
The Bank invests in loans that contain inherent credit risks that may cause the
Company to incur losses.
The Company can provide no assurance that the credit quality of the loan portfolio
will not deteriorate in the future and that such deterioration will not adversely
affect the Company.
The Companys operations are concentrated geographically in California, and poor economic
conditions may cause the Company to incur losses.
Substantially all of the Banks business is located in California. A portion of the loan
portfolio of the Company is dependent on real estate. At December 31, 2006, real estate
served as the principal source of collateral with respect to approximately 59% of the
Banks loan portfolio. The Banks financial condition and operating results will be
subject to changes in economic conditions in California. In the early to mid-1990s,
California experienced a significant and prolonged downturn in its economy, which
adversely affected financial institutions. Economic conditions in California are subject
to various uncertainties at this time, including the decline in the technology sector,
the California state governments budgetary difficulties and continuing fiscal
difficulties. The Company can provide no assurance that conditions in the California
economy will not deteriorate in the future and that such deterioration will not
adversely effect the Bank.
- 9 -
The markets in which the Company operates are subject to the risk of earthquakes and
other natural disasters.
Most of the properties of the Company are located in California. Also most of the real
and personal properties which currently secure some of the Banks loans are located in
California. California is a state which is prone to earthquakes, brush fires, flooding
and other natural disasters. In addition to possibly sustaining damage to its own
properties, if there is a major earthquake, flood, fire or other natural disaster, the
Bank faces the risk that many of its borrowers may experience uninsured property losses,
or sustained job interruption and/or loss which may materially impair their ability to
meet the terms of their loan obligations. A major earthquake, flood, fire or other
natural disaster in California could have a material adverse effect on the Banks
business, financial condition, results of operations and cash flows.
Regulatory Risks
Restrictions on dividends and other distributions could limit amounts payable to the Company.
As a holding company, a substantial portion of the Companys cash flow typically comes
from dividends paid by its bank and nonbank subsidiaries. Various statutory provisions
restrict the amount of dividends the Companys subsidiaries can pay to the Company
without regulatory approval. In addition, if any of the Companys subsidiaries were to
liquidate, that subsidiarys creditors will be entitled to receive distributions from
the assets of that subsidiary to satisfy their claims against it before the Company, as
a holder of an equity interest in the subsidiary, will be entitled to receive any of the
assets of the subsidiary.
Adverse effects of changes in banking or other laws and regulations or governmental
fiscal or monetary policies could adversely affect the Company.
The Company is subject to significant federal and state regulation and supervision,
which is primarily for the benefit and protection of the Banks customers and not for
the benefit of investors. In the past, the Banks business has been materially affected
by these regulations. This trend is likely to continue in the future. Laws, regulations
or policies, including accounting standards and interpretations currently affecting the
Company and the Companys subsidiaries, may change at any time. Regulatory authorities
may also change their interpretation of these statutes and regulations. Therefore, the
Companys business may be adversely affected by any future changes in laws, regulations,
policies or interpretations or regulatory approaches to compliance and enforcement,
including legislative and regulatory reactions to the terrorist attack on September 11,
2001 and future acts of terrorism, and major U.S. corporate bankruptcies and reports of
accounting irregularities at U.S. public companies.
Additionally, the Banks business is affected significantly by the fiscal and monetary
policies of the federal government and its agencies. The Company is particularly affected
by the policies of the FRB, which regulates the supply of money and credit in the United
States of America. Under long- standing policy of the FRB, a BHC is expected to act as a
source of financial strength for its subsidiary banks. As a result of that policy, the
Company may be required to commit financial and other resources to its subsidiary bank in
circumstances where the Company might not otherwise do so. Among the instruments of
monetary policy available to the FRB are (a) conducting open market operations in U.S.
government securities, (b) changing the discount rates of borrowings by depository
institutions, and (c) imposing or changing reserve requirements against certain
borrowings by banks and their affiliates. These methods are used in varying degrees and
combinations to directly affect the availability of bank loans and deposits, as well as
the interest rates charged on loans and paid on deposits. The policies of the FRB may
have a material effect on the Companys business, results of operations and financial
condition.
Systems, Accounting and Internal Control Risks
The accuracy of the Companys judgments and estimates about financial and accounting
matters will impact operating results and financial condition.
The discussion under Item 7 Managements Discussion and Analysis of Financial
Condition and Results of Operations Critical Accounting Policies in this report and
the information referred to in that discussion is incorporated by reference in this
paragraph. The Company makes certain estimates and judgments in preparing its financial
statements. The quality and accuracy of those estimates and judgments will have an
impact on the Companys operating results and financial condition.
- 10 -
The Companys information systems may experience an interruption or breach in security.
The Company relies heavily on communications and information systems to conduct its
business. Any failure, interruption or breach in security of these systems could result
in failures or disruptions in the Companys customer relationship management and
systems. There can be no assurance that any such failures, interruptions or security
breaches will not occur or, if they do occur, that they will be adequately corrected by
the Company. The occurrence of any such failures, interruptions or security breaches
could damage the Companys reputation, result in a loss of customer business, subject
the Company to additional regulatory scrutiny, or expose the Company to litigation and
possible financial liability, any of which could have a material adverse effect on the
Companys financial condition and results of operations.
The Companys controls and procedures may fail or be circumvented.
Management regularly reviews and updates the Companys internal control over financial
reporting, disclosure controls and procedures, and corporate governance policies and
procedures. The Company maintains controls and procedures to mitigate against risks such
as processing system failures and errors, and customer or employee fraud, and maintains
insurance coverage for certain of these risks. Any system of controls and procedures,
however well designed and operated, is based in part on certain assumptions and can
provide only reasonable, not absolute, assurances that the objectives of the system are
met. Events could occur which are not prevented or detected by the Companys internal
controls or are not insured against or are in excess of the Companys insurance limits.
Any failure or circumvention of the Companys controls and procedures or failure to
comply with regulations related to controls and procedures could have a material adverse
effect on the Companys business, results of operations and financial condition.
Shares of Company common stock eligible for future sale could have a dilutive effect on
the market for Company common stock and could adversely affect the market price.
The Articles of Incorporation of the Company authorize the issuance of 150 million
shares of common stock (and two additional classes of 1 million shares each,
denominated Class B Common Stock and Preferred Stock, respectively) of which
approximately 30.5 million were outstanding at December 31, 2006. Pursuant to its
stock option plans, at December 31, 2006, the Company had exercisable options
outstanding of 3.1 million. As of December 31, 2006, 1.4 million shares of Company
common stock remained available for grants under the Companys stock option plans (and
stock purchase plan). Sales of substantial amounts of Company common stock in the
public market could adversely affect the market price of its common stock.
ITEM 1B. UNRESOLVED STAFF COMMENTS
None
Westamerica Bancorp (WABC) - Description of business
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Research Report
Description
Level 2 quotes
Charts
News
Profile
Balance Sheet
Income Statement
Cash Flow Statement
Insiders
SEC Filings
Analyst Recommendation
Earnings Report
Historical Prices
Recent Material Events
Key executives
Comments


