Trust, in which the Company owns all of the
common equity as a result of the acquisition of Chester Valley. The Trust
issued $10.0 million of Trust Preferred Securities to investors, which are
secured by the Junior Subordinated Debentures and the guarantee of the Company.
The Junior Subordinated Debentures are treated as debt of the Company but they
qualify as Tier I capital, subject to certain limitations under the risk-based
capital guidelines of the OTS. The Trust Preferred Securities are callable by
the Company on or after March 26, 2007, or at any time in the event the
deduction of related interest expense for federal income taxes is prohibited,
the treatment as Tier I capital is no longer permitted or under certain other
circumstances. The Trust Preferred Securities must be redeemed by the Company
upon their maturity in the year 2032.
On March 31, 2006,
the Company issued $25.8 million of Junior Subordinated Debentures to Willow
Grove Statutory Trust I, a Connecticut Statutory Trust, in which the Company
owns all of the common equity. The Trust then issued $25.0 million of Trust
Preferred Securities, which pay interest quarterly at three-month Libor plus
1.31% to investors, which are secured by the Junior Subordinated Debentures and
the guarantee of the Company. The Junior Subordinated Debentures are treated as
debt of the Company but qualify as Tier I capital of the Bank to the extent of
the amount of the proceeds, which are invested in the Bank. The Trust Preferred
Securities are callable by the Company on or after June 15, 2011. The Trust
Preferred Securities must be redeemed by the Company upon their maturity in the
year 2036.
Accounting for
Derivative Instruments and Hedging
The Company may from time to time utilize derivative
instruments such as interest rate swaps, interest rate collars, interest rate
floors, interest rate swaptions or combinations thereof to assist in its
asset/liability management. In accordance with SFAS No. 133, Accounting
for Derivative Instruments, the Company formally documents its hedge
relationships, including identification of the hedging instruments and the
hedged items, as well as its risk management objectives and strategies for
undertaking the hedge. The Company also formally assesses, both at inception
and at least quarterly thereafter, whether the derivative instruments that are
used in hedging transactions are highly effective in offsetting the changes in
either the fair value or cash flows of the hedged item. For fair value hedges,
both the effective and ineffective portions of the changes in the fair value of
the derivative, along with the gain or loss on the hedged item that is
attributable to the hedged risk, are recorded in the statement of operations
within interest income or interest expense. For cash flow hedges, the effective
portion of the change in the fair value of the derivative is recorded in
accumulated other comprehensive income. When the hedged item impacts the
statement of operations, the gain or loss included in accumulated other
comprehensive income is reported on the same line in the statement of
operations as the hedged item. In addition, the ineffective portion of the
changes in the fair value of derivatives used as cash flow hedges is reported
in the statement of operations.
As part of the Merger, the Company assumed the
responsibility for a $20 million notional interest rate swap whereby the
Company paid a variable rate and received a fixed rate. The interest rate swap
had been used to hedge certain Federal Home Loan Bank borrowings of the former
Chester Valley. On the date of the Merger, the interest rate swap and the
hedged borrowings were marked to fair value in purchase accounting. In September 2005,
the hedged borrowings were repaid and $10 million notional amount of the
interest rate swap was unwound with the counter-party. After performing the
appropriate
documentation of the
derivative instrument, the Company designated the remaining $10 million
notional amount interest rate swap as a fair value hedge of certain existing
borrowings of Willow Financial Bank. The swap had the effect of converting a
fixed rate borrowing to an adjustable rate borrowing. During the quarter ended December 31,
2005, the derivative instrument ceased to be a highly effective hedge;
therefore, the Company discontinued hedge accounting resulting in a pre-tax
charge to the statement of operations of $47 thousand. The interest rate swap
was unwound in February 2006 without resulting in any additional impact to
the statement of operations. The basis adjustment that was previously recorded
on the hedged borrowing that is recorded in the statement of financial
condition is amortized as a reduction in interest expense over the remaining
life of the borrowing using the interest method.
Additionally, in August 2003,
Chester Valley had purchased a $30.0
million notional amount 3.50% Three Month LIBOR interest rate cap while
simultaneously selling a $30.0 million notional amount 6.00% Three Month LIBOR
interest rate cap (Interest Rate Corridor) that expires in August 2008. The
Company paid a net premium, which entitles it to receive the difference between
Three Month LIBOR from 3.50% up to 6.00% times the $30.0 million notional
amount. The Company performed the appropriate analysis and documentation at
inception and designated the interest rate corridor to hedge certain borrowings
of Willow Financial Bank, which were variable in nature and indexed to Three
Month LIBOR. The Interest Rate Corridor is being used to hedge the cash flows
of this borrowing. The Interest Rate Corridor could potentially reduce the
negative impact on earnings of the borrowings in a rising interest rate
environment. The fair market value of the Interest Rate Corridor has two
components: the intrinsic value and the time value of the option. The Interest
Rate Corridor is marked-to-market quarterly, with changes in the intrinsic
value of the Interest Rate Corridor, net of tax, included as a separate
component of other comprehensive income and changes in the time value of the
option included directly as interest expense as required under SFAS 133. In
addition, the ineffective portion, if any, would have been expensed in the
period in which ineffectiveness was determined. The fair value of the Interest
Rate Corridor at June 30, 2006 was $1.2 million.
REGULATION
Set forth below is a brief
description of certain laws and regulations, which are applicable to Willow Financial
Bancorp and Willow Financial Bank, including our business segment, PCIS. The
description of these laws and regulations, as well as descriptions of laws and
regulations contained elsewhere herein, does not purport to be complete and is
qualified in its entirety by reference to the applicable laws and regulations.
General
Willow Financial Bank, as a federally chartered
savings institution, is subject to federal regulation and oversight by the
Office of Thrift Supervision extending to all aspects of its operations. Willow
Financial Bank also is subject to regulation and examination by the Federal
Deposit Insurance Corporation, which insures the deposits of Willow FinancialBank
to the maximum extent permitted by law, and requirements established by the
Federal Reserve Board. Federally chartered savings institutions are required to
file periodic reports with the Office of Thrift Supervision and are subject to
periodic examinations by the Office of Thrift Supervision and the Federal
Deposit Insurance Corporation. Federal laws and regulations determine the
investment and lending authority of savings institutions, and such institutions
are prohibited from engaging in any activities not permitted by such laws and
regulations. Such regulation and supervision primarily is intended for the
protection of depositors and not for the purpose of protecting stockholders.
The Office of Thrift
Supervision regularly examines Willow Financial Bank and prepares reports for
consideration by its Board of Directors on any deficiencies that it may find in
the Banks operations. The Federal Deposit Insurance Corporation also has the
authority to examine Willow Financial Bank in its role as the administrator of
the Deposit Insurance Fund. Willow Financial Banks relationship with its
depositors
and borrowers also is regulated to a great extent by both federal and, to a
lesser extent, state laws, especially in such matters as the ownership of
savings accounts and the form and content of Willow Financial Banks mortgage
requirements. The Office of Thrift Supervisions enforcement authority over all
savings institutions and their holding companies includes, among other things,
the ability to assess civil money penalties, to issue cease and desist or
removal orders and to initiate injunctive actions. In general, these
enforcement actions may be initiated for violations of laws and regulations and
unsafe or unsound practices. Other actions or inactions may provide the basis
for enforcement action, including misleading or untimely reports filed with the
Office of Thrift Supervision. Any change in such laws or regulations, whether
by the Federal Deposit Insurance Corporation, Office of Thrift Supervision or
Congress, could have a material adverse impact on us and Willow Financial Bank
and our operations.
Willow Financial
Bancorp, Inc.
Willow Financial Bancorp is a registered savings and
loan holding company under Section 10 of the Home Owners Loan Act, as
amended and subject to Office of Thrift Supervision examination and supervision
as well as certain reporting requirements. In addition, because Willow Financial
Banks deposits are insured by the Deposit Insurance Fund maintained by the
Federal Deposit Insurance Corporation. Willow Financial Bank is subject to
certain restrictions in dealing with Willow Financial Bancorp and with other
persons affiliated with the Bank.
Generally, the Home Owners
Loan Act prohibits a savings and loan holding company, such as us, directly or
indirectly, from (1) acquiring control (as defined) of a savings
institution (or holding company thereof) without prior Office of Thrift
Supervision approval, (2) acquiring more than 5% of the voting shares of a
savings institution (or holding company thereof) which is not a subsidiary,
subject to certain exceptions, without prior Office of Thrift Supervision
approval, or (3) acquiring through a merger, consolidation or purchase of
assets of another savings institution (or holding company thereof) or acquiring
all or substantially all of the assets of another savings institution (or
holding company thereof) without prior Office of Thrift Supervision approval or
(4) acquiring control of an uninsured institution. A savings and loan
holding company may not acquire as a separate subsidiary a savings institution
which has its principal offices outside of the state where the principal
offices of its subsidiary institution is located, except (a) in the case
of certain emergency acquisitions approved by the Federal Deposit Insurance
Corporation, (b) if the holding company controlled (as defined) such
savings institution as of March 5, 1987 or (c) when the laws of the
state in which the savings institution to be acquired is located specifically
authorize such an acquisition. No director or officer of a savings and loan
holding company or person owning or controlling more than 25% of such holding
companys voting shares may, except with the prior approval of the Office of
Thrift Supervision, acquire control of any savings institution which is not a
subsidiary of such holding company.
Willow Financial
Bank
Insurance
of Accounts. The
deposits of Willow Financial Bank are insured to the maximum extent permitted
by the Deposit Insurance Fund, which is administered by the Federal Deposit
Insurance Corporation, and are backed by the full faith and credit of the U.S.
Government. As insurer, the Federal Deposit Insurance Corporation is authorized
to conduct examinations of, and to require reporting by, insured institutions.
It also may prohibit any insured institution from engaging in any activity the
Federal Deposit Insurance Corporation determines by regulation or order to pose
a serious threat to the Federal Deposit Insurance Corporation. The Federal
Deposit Insurance Corporation also has the authority to initiate enforcement
actions against savings institutions, after giving the Office of Thrift
Supervision an opportunity to take such action.
Under current Federal
Deposit Insurance Corporation regulations, insured institutions are assigned to
one of three capital groups which are based solely on the level of an
institutions capitalwell
capitalized,
adequately capitalized, and undercapitalizedwhich are defined in the same
manner as the regulations establishing the prompt corrective action system
discussed below. These three groups are then divided into three subgroups, which
reflect varying levels of supervisory concern, from those, which are considered
to be healthy to those, which are considered to be of substantial supervisory
concern. The matrix so created results in nine assessment risk classifications,
with rates during the last six months of 2006 ranging from zero for well
capitalized, healthy institutions, such as Willow Financial Bank, to 27 basis
points for undercapitalized institutions with substantial supervisory concerns.
In addition, all
institutions with deposits insured by the Federal Deposit Insurance Corporation
are required to pay assessments to fund interest payments on bonds issued by
the Financing Corporation, a mixed-ownership government corporation
established to recapitalize the predecessor to the Savings Association
Insurance Fund. The assessment rate for the second quarter of 2006 was .00315%
of insured deposits and is adjusted quarterly. These assessments will continue
until the Financing Corporation bonds mature in 2019.
The Federal Deposit Insurance
Corporation may terminate the deposit insurance of any insured depository
institution, including Willow Financial Bank, if it determines after a hearing
that the institution has engaged or is engaging in unsafe or unsound practices,
is in an unsafe or unsound condition to continue operations, or has violated
any applicable law, regulation, order or any condition imposed by an agreement
with the Federal Deposit Insurance Corporation. It also may suspend deposit
insurance temporarily during the hearing process for the permanent termination
of insurance, if the institution has no tangible capital. If insurance of
accounts is terminated, the accounts at the institution at the time of the
termination, less subsequent withdrawals, shall continue to be insured for a
period of six months to two years, as determined by the Federal Deposit
Insurance Corporation. Management is aware of no existing circumstances, which
would result in termination of Willow Financial Banks deposit insurance.
Deposit Insurance Reform. On
February 8, 2006, President George W. Bush signed into law legislation
that merged the Bank Insurance Fund and the Savings Association Insurance Fund
to form the Deposit Insurance Fund, eliminated any disparities in bank and
thrift risk-based premium assessments, reduced the administrative burden of
maintaining and operating two separate funds and established certain new
insurance coverage limits and a mechanism for possible periodic increases. The
legislation also gave the Federal Deposit Insurance Corporation greater
discretion to identify the relative risks all institutions present to the
Deposit Insurance Fund and set risk-based premiums.
Major
provisions in the legislation include:
· merging
the Savings Association Insurance Fund and Bank Insurance Fund, which became
effective March 31, 2006;
· maintaining
basic deposit and municipal account insurance coverage at $100,000 but
providing for a new basic insurance coverage for retirement accounts of
$250,000. Insurance coverage for basic deposit and retirement accounts could be
increased for inflation every five years in $10,000 increments beginning
in 2011;
· providing the Federal
Deposit Insurance Corporation with the ability to set the designated reserve
ratio within a range of between 1.15% and 1.50%, rather than maintaining 1.25%
at all times regardless of prevailing economic conditions;
· providing a one-time
assessment credit of $4.7 billion to banks and savings associations in
existence on December 31, 1996, which may be used to offset future
premiums with certain limitations; and
· requiring the payment of dividends of 100% of
the amount that the insurance fund exceeds 1.5% of the estimated insured
deposits and the payment of 50% of the amount that the insurance fund exceeds
1.35% of the estimated insured deposits (when the reserve is greater than 1.35%
but no more than 1.5%).
Regulatory Capital
Requirements. The
Office of Thrift Supervision capital requirements consist of a tangible
capital requirement, a leverage capital requirement and a risk-based
capital requirement. The Office of Thrift Supervision is authorized to impose
capital requirements in excess of those standards on individual institutions on
a case-by-case basis.
Under the tangible capital
requirement, a savings bank must maintain tangible capital in an amount equal
to at least 1.5% of adjusted total assets. Tangible capital is defined as core
capital less all intangible assets (including supervisory goodwill), plus a
specified amount of purchased mortgage-servicing rights.
Under the leverage capital
requirement adopted by the Office of Thrift Supervision, savings banks must
maintain core capital in an amount equal to at least 3.0% of adjusted total
assets. Core capital is defined as common stockholders equity (including
retained earnings), non-cumulative perpetual preferred stock, and minority
interests in the equity accounts of consolidated subsidiaries, plus purchased
mortgage servicing rights valued at the lower of 90% of fair market value, 90%
of original cost or the current amortized book value as determined under
generally accepted accounting principles, and qualifying supervisory goodwill,
less non-qualifying intangible assets.
Under the risk-based
capital requirement, a savings bank must maintain total capital (which is
defined as core capital plus supplementary capital) equal to at least 8.0% of
risk-weighted assets. A savings bank must calculate its risk-weighted assets by
multiplying each asset and off-balance sheet item by various risk factors,
which range from 0% for cash and securities issued by the United States
Government or its agencies to 100% for repossessed assets or loans more than
90 days past due. Qualifying one- to-four family residential real estate
loans and qualifying multi-family residential real estate loans (not more
than 90 days delinquent and having an 80% or lower loan-to-value ratio)
are weighted at a 50% risk factor. Supplementary capital may include, among
other items, cumulative perpetual preferred stock, perpetual subordinated debt,
mandatory convertible subordinated debt, intermediate-term preferred stock, and
general allowances for loan losses. The allowance for loan losses includable in
supplementary capital is limited to 1.25% of risk-weighted assets. The amount
of supplementary capital that can be included is limited to 100% of core
capital.
Certain exclusions from
capital and assets are required for the purpose of calculating total capital,
in addition to the adjustments required for calculating core capital. Such
exclusions consist of equity investments (as defined by regulation) and that
portion of land loans and non-residential construction loans in excess of an
80% loan-to-value ratio and reciprocal holdings of qualifying capital
instruments. However, in calculating regulatory capital, institutions must
exclude unrealized losses and gains on securities available for sale, net of
taxes, reported as a separate component of capital calculated according to U.S.
generally accepted accounting principles.
In its letter approving the
merger of Willow Financial Bank and Chester Valley, the Office of Thrift
Supervision, as one of its conditions for approval, indicated that, for the
periods ending December 31, 2005, 2006 and 2007, Willow Financial Bank
must have tier one core capital ratios at least equal to 6.50%, 6.75%, and
7.25%, respectively, and total risk-based capital ratios at least equal to
11.97%, 12.02% and 12.40%, respectively. Willow Financial Bank also must submit
to the Office of Thrift Supervision, quarterly status reports detailing its
compliance with the conditions on regulatory capital outlined in its approval
letter. The Office of Thrift Supervisions conditions for approval of the Bank
Merger also indicated that, for the periods ending December 31, 2005, 2006
and 2007, Willow Financial Bancorp must have consolidated tangible capital
ratios at least equal to 5.14%, 5.59% and 6.12%, respectively. Willow Financial
Bancorp also must submit to the Office of Thrift Supervision quarterly status
reports. We are in compliance with these regulatory capital ratios.
Office of Thrift
Supervision regulations establish special capitalization requirements for
savings banks that own service corporations and other subsidiaries, including
subsidiary savings banks. According to these regulations, certain subsidiaries
are consolidated for capital purposes and others are excluded from
assets
and capital. In determining compliance with the capital requirements, all
subsidiaries engaged solely in activities permissible for national banks,
engaged solely in mortgage-banking activities, or engaged in certain
other activities solely as agent for its customers are includable
subsidiaries that are consolidated for capital purposes in proportion to Willow
Financial Banks level of ownership, including the assets of includable
subsidiaries in which Willow Financial Bank has a minority interest that is not
consolidated for generally accepted accounting principles purposes. For
excludable subsidiaries, the debt and equity investments in such subsidiaries
are deducted from assets and capital. At June 30, 2006, Willow Financial
Bank had no investments subject to a deduction from tangible capital.
Under currently applicable
Office of Thrift Supervision policy, savings institutions must value securities
available for sale at amortized cost for regulatory capital purposes. This
means that in computing regulatory capital, savings institutions should add
back any unrealized losses and deduct any unrealized gains, net of income
taxes, on debt securities reported as a separate component of capital
calculated according to U.S. generally accepted accounting principles.
At June 30, 2006,
Willow Financial Bank exceeded all of its regulatory capital requirements, with
tangible, core and risk-based capital ratios of 7.8%, 7.8% and 13.2%,
respectively.
The Office of Thrift
Supervision and the Federal Deposit Insurance Corporation generally are
authorized to take enforcement action against a savings bank that fails to meet
its capital requirements, which action may include restrictions on operations
and banking activities, the imposition of a capital directive, a
cease-and-desist order, civil money penalties or harsher measures such as the
appointment of a receiver or conservator or a forced merger into another
institution. In addition, under current regulatory policy, a savings bank that
fails to meet its capital requirements is prohibited from paying any dividends.
Prompt Corrective Action. Under the Federal Deposit Insurance
Corporation Improvement Act of 1991, the federal banking regulators are
required to take prompt corrective action if an insured depository institution
fails to satisfy certain minimum capital requirements, including a leverage
limit, a risk-based capital requirement, and any other measure of capital
deemed appropriate by the federal banking regulator for measuring the capital
adequacy of an insured depository institution. All institutions, regardless of
their capital levels, are restricted from making any capital distribution or
paying management fees if the institution would thereafter fail to satisfy the
minimum levels for any of its capital requirements.
Under the Federal Deposit
Insurance Corporation Improvement Act an institution is deemed to be (a) well
capitalized if it has total risk-based capital of 10.0% or more, has a Tier 1
risk-based capital ratio of 6.0% or more, has a Tier 1 leverage capital ratio
of 5.0% or more and is not subject to any order or final capital directive to
meet and maintain a specific capital level for any capital measure, (b) adequately
capitalized if it has a total risk-based capital ratio of 8.0% or more, a Tier
1 risk-based capital ratio of 4.0% or more and a Tier 1 leverage capital ratio
of 4.0% or more (3.0% under certain circumstances) and does not meet the
definition of well capitalized, (c) undercapitalized if it has a total
risk-based capital ratio that is less than 8.0%, a Tier 1 risk-based capital
ratio that is less than 4.0% or a Tier 1 leverage capital ratio that is less
than 4.0% (3.0% under certain circumstances), (d) significantly
undercapitalized if it has a total risk-based capital ratio that is less than
6.0%, a Tier 1 risk-based capital ratio that is less than 3.0% or a Tier 1
leverage capital ratio that is less than 3.0%, and (e) critically
undercapitalized if it has a ratio of tangible equity to total assets that is
equal to or less than 2.0%. Under specified circumstances, a federal banking
agency may reclassify a well capitalized institution as adequately capitalized
and may require an adequately capitalized institution or an undercapitalized
institution to comply with supervisory actions as if it were in the next lower
category (except that the Federal Deposit Insurance Corporation may not
reclassify a significantly undercapitalized institution as critically undercapitalized).
An institution generally
must file a written capital restoration plan which meets specified
requirements with its appropriate federal banking agency within 45 days of
the date that the institution
receives
notice or is deemed to have notice that it is undercapitalized, significantly
undercapitalized or critically undercapitalized. A federal banking agency must
provide the institution with written notice of approval or disapproval within
60 days after receiving a capital restoration plan, subject to extensions
by the agency. An institution that is required to submit a capital restoration
plan must concurrently submit a performance guaranty by each company that
controls the institution. In addition, undercapitalized institutions are
subject to various regulatory restrictions, and the appropriate federal banking
agency also may take any number of discretionary supervisory actions.
At June 30, 2006,
Willow Financial Bank was in the well capitalized category for purposes of
the above regulations.
Safety and Soundness
Guidelines. The
Office of Thrift Supervision and the other federal bank regulatory agencies
have established guidelines for safety and soundness, addressing operational
and managerial standards, as well as compensation matters for insured financial
institutions. Institutions failing to meet these standards may be required to
submit compliance plans to their appropriate federal regulators. The Office of
Thrift Supervision and the other agencies have also established guidelines
regarding asset quality and earnings standards for insured institutions. Willow
Financial Bank believes that it is in compliance with these guidelines and
standards.
Capital Distributions. Office of Thrift Supervision
regulations govern capital distributions by savings institutions, which include
cash dividends, stock repurchases and other transactions charged to the capital
account of a savings institution to make capital distributions. A savings
institution must file an application for Office of Thrift Supervision approval
of the capital distribution if any of the following occur or would occur as a
result of the capital distribution (1) the total capital distributions for
the applicable calendar year exceed the sum of the institutions net income for
that year to date plus the institutions retained net income for the preceding
two years, (2) the institution would not be at least adequately capitalized
following the distribution, (3) the distribution would violate any
applicable statute, regulation, agreement or Office of Thrift Supervision-imposed
condition, or (4) the institution is not eligible for expedited treatment
of its filings. If the filing of an application is not required, savings
institutions that are a subsidiary of a holding company (as well as certain
other institutions) must still file a notice with the Office of Thrift
Supervision at least 30 days before the board of directors declares a
dividend or approves a capital distribution.
Branching by Federal
Savings Institutions. Office
of Thrift Supervision policy permits interstate branching to the full extent
permitted by statute (which is essentially unlimited). Generally, federal law
prohibits federal savings institutions from establishing, retaining or
operating a branch outside the state in which the federal institution has its
home office unless the institution meets the IRS domestic building and loan
test (generally, 60% of a thrifts assets must be housing-related) (IRS
Test). The IRS Test requirement does not apply if: (a) the branch(es)
result(s) from an emergency acquisition of a troubled savings institution
(however, if the troubled savings institution is acquired by a bank holding
company, does not have its home office in the state of the bank holding company
bank subsidiary and does not qualify under the IRS Test, its branching is
limited to the branching laws for state-chartered banks in the state
where the savings institution is located); (b) the law of the state where
the branch would be located would permit the branch to be established if the
federal savings institution were chartered by the state in which its home
office is located; or (c) the branch was operated lawfully as a branch
under state law prior to the savings institutions reorganization to a federal
charter.
Furthermore, the Office of
Thrift Supervision will evaluate a branching applicants record of compliance
with the Community Reinvestment Act of 1977. An unsatisfactory Community
Reinvestment Act record may be the basis for denial of a branching application.
Community Reinvestment Act
and the Fair Lending Laws. Savings institutions have a responsibility under the
Community Reinvestment Act and related regulations of the Office of Thrift
Supervision to help
meet the credit
needs of their communities, including low- and moderate-income
neighborhoods. In addition, the Equal Credit Opportunity Act and the Fair
Housing Act prohibit lenders from discriminating in their lending practices on
the basis of characteristics specified in those statutes. An institutions
failure to comply with the provisions of the Community Reinvestment Act could,
at a minimum, result in regulatory restrictions on its activities, and failure
to comply with the fair lending laws could result in enforcement actions by the
Office of Thrift Supervision, as well as other federal regulatory agencies and
the Department of Justice.
Qualified Thrift Lender
Test. All
savings institutions are required to meet a qualified thrift lender test to
avoid certain restrictions on their operations. Under Section 2303 of the
Economic Growth and Regulatory Paperwork Reduction Act of 1996, a savings
institution can comply with the qualified thrift lender test by either
qualifying as a domestic building and loan bank as defined in Section 7701(a)(19)
of the Internal Revenue Code or by meeting the second prong of the qualified
thrift lender test set forth in Section 10(m) of the Home Owners
Loan Act. A savings institution that does not meet the qualified thrift lender
test must either convert to a bank charter or comply with the following
restrictions on its operations: (a) the institution may not engage in any
new activity or make any new investment, directly or indirectly, unless such
activity or investment is permissible for a national bank; (b) the
branching powers of the institution shall be restricted to those of a national
bank; (c) the institution shall not be eligible to obtain any new advances
from its Federal Home Loan Bank, other than special liquidity advances with the
approval of the Office of Thrift Supervision; and (d) payment of dividends
by the institution shall be subject to the rules regarding payment of
dividends by a national bank. Upon the expiration of three years from the date
the savings institution ceases to be a qualified thrift lender, it must cease
any activity and not retain any investment not permissible for a national bank
and immediately repay any outstanding Federal Home Loan Bank advances (subject
to safety and soundness considerations).
Currently, the portion of
the qualified thrift lender test that is based on Section 10(m) of
the Home Owners Loan Act rather than the Internal Revenue Code requires that
65% of an institutions portfolio assets (as defined) consist of certain
housing and consumer-related assets on a monthly average basis in nine
out of every 12 months. Assets that qualify without limit for inclusion as
part of the 65% requirement are loans made to purchase, refinance, construct,
improve or repair domestic residential housing and manufactured housing; home
equity loans; mortgage-backed securities (where the mortgages are secured
by domestic residential housing or manufactured housing); stock issued by the
Federal Home Loan Bank of Pittsburgh; and direct or indirect obligations of the
Federal Deposit Insurance Corporation. S loans, credit card loans
and student loans are also included without limitation as qualified
investments. In addition, the following assets, among others, may be included
in meeting the test subject to an overall limit of 20% of the savings
institutions portfolio assets: 50% of residential mortgage loans originated
and sold within 90 days of origination; 100% of loans for personal, family
and household purposes (other than credit card loans and educational loans);
and stock issued by Fannie Mae or Freddie Mac. Portfolio assets consist of
total assets minus the sum of (a) goodwill and other intangible assets, (b) property
used by the savings institution to conduct its business, and (c) liquid
assets up to 20% of the institutions total assets. At June 30, 2006,
approximately 71.9% of the portfolio assets of Willow Financial Bank were
qualified thrift investments.
Federal Home Loan Bank
System. Willow
Financial Bank is a member of the Federal Home Loan Bank of Pittsburgh, which
is one of 12 regional Federal Home Loan Banks that administer the home
financing credit function of savings institutions. Each Federal Home Loan Bank
serves as a reserve or central bank for its members within its assigned region.
It is funded primarily from proceeds derived from the sale of consolidated
obligations of the Federal Home Loan Bank System. It makes loans to members
(i.e., advances) in accordance with policies and procedures established by its
board of directors. At June 30, 2006, Willow Financial Bank had
$282.7 million of Federal Home Loan Bank advances.
As a member, Willow Financial Bank is required to
purchase and maintain stock in the Federal Home Loan Bank of Pittsburgh in an
amount equal to at least 1% of its aggregate unpaid residential mortgage loans,
home purchase contracts or similar obligations at the beginning of each year or
5% of the members aggregate amount of outstanding advances and 0.7% of the
members unused borrowing capacity. At June 30, 2006, Willow Financial
Bank had $16.9 million in stock of the Federal Home Loan Bank of Pittsburgh,
which was in compliance with this requirement.
The Federal Home Loan Banks are required to provide
funds for the resolution of troubled savings institutions and to contribute to
affordable housing programs through direct loans or interest subsidies on
advances targeted for community investment and low- and moderate-income
housing projects. These contributions have adversely affected the level of
Federal Home Loan Bank dividends paid and could continue to do so in the future
and could also result in the Federal Home Loan Banks imposing higher interest
rates on advances to members. These contributions also could have an adverse
effect on the value of Federal Home Loan Bank stock in the future.
Federal
Reserve System. Federal
Reserve Board regulations require all depository institutions to maintain
non-interest earning reserves against their transaction accounts (primarily NOW
and Super NOW checking accounts) and non-personal time deposits. At June 30,
2006, Willow Financial Bank was in compliance with these reserve requirements.
The balances maintained to meet the reserve requirements imposed by the Federal
Reserve Board may be used to satisfy liquidity requirements that may be imposed
by the Office of Thrift Supervision.
Savings banks are authorized to borrow from a Federal
Reserve Bank discount window, but Federal Reserve Board regulations require
savings banks to exhaust other reasonable alternative sources of funds,
including Federal Home Loan Bank advances, before borrowing from a Federal Reserve
Bank.
Affiliate
Restrictions. Section 11
of the Home Owners Loan Act provides that transactions between an insured
subsidiary of a holding company and an affiliate thereof will be subject to the
restrictions that apply to transactions between banks that are members of the
Federal Reserve System and their affiliates pursuant to Sections 23A and 23B of
the Federal Reserve Act.
Generally, Sections 23A and 23B and Office of Thrift
Supervision regulations issued in connection therewith limit the extent to
which a savings institution or its subsidiaries may engage in certain covered
transactions with affiliates to an amount equal to 10% of the institutions
capital and surplus, in the case of covered transactions with any one
affiliate, and to an amount equal to 20% of such capital and surplus, in the
case of covered transactions with all affiliates. Section 23B applies to covered
transactions and certain other transactions and requires that all such
transactions be on terms and under circumstances that are substantially the
same, or at least as favorable to the savings institution or its subsidiary, as
those prevailing at the time for comparable transactions with nonaffiliated
companies. A covered transaction is defined to include a loan or extension of
credit to an affiliate; a purchase of investment securities issued by an
affiliate; a purchase of assets from an affiliate, with certain exceptions; the
acceptance of securities issued by an affiliate as collateral for a loan or
extension of credit to any party; or the issuance of a guarantee, acceptance or
letter of credit on behalf of an affiliate. Section 23B transactions also
apply to the provision of services and the sale of assets by a savings
association to an affiliate.
In addition, under Office of Thrift Supervision
regulations, a savings institution may not make a loan or extension of credit
to an affiliate unless the affiliate is engaged only in activities permissible
for bank holding companies; a savings institution may not purchase or invest in
securities of an affiliate other than shares of a subsidiary; a savings
institution and its subsidiaries may not purchase a low-quality asset from an
affiliate; and covered transactions and certain other transactions between a
savings institution or its subsidiaries and an affiliate must be on terms and
conditions that are consistent with safe and sound banking practices. With
certain exceptions, each loan or extension of credit by a savings institution
to an
affiliate must be secured
by collateral with a market value ranging from 100% to 130% (depending on the
type of collateral) of the amount of the loan or extension of credit.
The Office of Thrift
Supervision regulation generally excludes all non-bank and non-savings
institution subsidiaries of savings institutions from treatment as affiliates,
except to the extent that the Office of Thrift Supervision or the Federal
Reserve Board decides to treat such subsidiaries as affiliates. The regulation
also requires savings institutions to make and retain records that reflect
affiliate transactions in reasonable detail, and provides that certain classes
of savings institutions may be required to give the Office of Thrift
Supervision prior notice of affiliate transactions.
Federal Securities
Law
The Companys common stock
is registered with the SEC under the Securities Exchange Act of 1934, as
amended. It is therefore subject to the information, proxy solicitation,
insider trading restrictions and other requirements of the Securities Exchange
Act of 1934, as amended.
Sarbanes-Oxley
Act of 2002
On July 30, 2002, the President signed into law
the Sarbanes-Oxley Act of 2002 implementing legislative reforms intended
to address corporate and accounting fraud. In addition to the establishment of
a new accounting oversight board which enforces auditing, quality control and
independence standards and is funded by fees from all publicly traded
companies, the Sarbanes-Oxley Act restricts provision of both auditing
and consulting services by accounting firms. To ensure auditor independence,
any non-audit services being provided require pre-approval by the Companys
audit committee. In addition, the audit partners must be rotated. The Sarbanes-Oxley
Act requires chief executive officers and chief financial officers, or their
equivalent, to certify to the accuracy of periodic reports filed with the SEC,
subject to civil and criminal penalties if they knowingly or willfully violate
this certification requirement. In addition, under the Sarbanes-Oxley
Act, counsel will be required to report evidence of a material violation of the
securities laws or a breach of fiduciary duty by a company to its chief
executive officer or its chief legal officer, and, if such officer does not
appropriately respond, to report such evidence to the audit committee or other
similar committee of the board of directors or the board itself.
Longer prison terms will also be applied to corporate
executives who violate federal securities laws, the period during which certain
types of suits can be brought against a company or its officers has been extended,
and bonuses issued to top executives prior to restatement of a companys
financial statements are subject to disgorgement if such restatement was due to
corporate misconduct. Executives are also prohibited from insider trading
during retirement plan blackout periods, and loans to company executives are
restricted. In addition, a provision directs that civil penalties levied by the
SEC as a result of any judicial or administrative action under the Act be
deposited to a fund for the benefit of harmed investors. The Federal Accounts
for Investor Restitution (FAIR) provision also requires the SEC to develop
methods of improving collection rates. The legislation accelerated the time
frame for disclosures by public companies, as they must immediately disclose
any material changes in their financial condition or operations. Directors and
executive officers must also provide information for most changes in ownership
in a companys securities within two business days of the change.
The Sarbanes-Oxley
Act increased the oversight of, and codified certain requirements relating to
audit committees of public companies and how they interact with the Companys registered
public accounting firm (RPAF). Audit committee members must be independent
and are barred from accepting consulting, advisory or other compensatory fees
from the issuer. In addition, companies must disclose whether at least one
member of the committee is a financial expert (as such term is defined by the
SEC) and if not, why not. Under the Sarbanes-Oxley Act, a RPAF is
prohibited from performing statutorily mandated audit services for a company if
such companys chief executive officer, chief financial
officer,
comptroller, chief accounting officer or any person serving in equivalent
positions has been employed by such firm and participated in the audit of such
company during the one-year period preceding the audit initiation date. The
Sarbanes-Oxley Act also prohibits any officer or director of a company or
any other person acting under their direction from taking any action to
fraudulently influence, coerce, manipulate or mislead any independent public or
certified accountant engaged in the audit of a companys financial statements
for the purpose of rendering the financial statements materially misleading.
The Sarbanes-Oxley Act also required the SEC to prescribe rules requiring
inclusion of an internal control report and assessment by management in the
annual report to shareholders, which became effective for the Company for the
fiscal year ended June 30, 2005. The Sarbanes-Oxley Act requires the
RPAF that issues the audit report to attest to and report on managements
assessment of the companys internal controls. In addition, the Sarbanes-Oxley
Act requires that each financial report required to be prepared in accordance
with (or reconciled to) U.S. generally accepted accounting principles and filed
with the SEC reflect all material correcting adjustments that are identified by
a RPAF in accordance with U.S. generally accepted accounting principles and the
rules and regulations of the SEC.
Regulation of PCIS
General
As noted above, while PCIS is no longer a subsidiary
of the Company, it operates as a business segment of the Company, and its
results continue to be included in the Companys consolidated financial
statements. PCIS is subject to regulation by a number of federal regulatory
agencies that are charged with safeguarding the integrity of the securities and
other financial markets and with protecting the interests of customers participating
in those markets. The SEC is the federal agency that is primarily responsible
for the regulation of broker-dealers and investment advisers doing
business in the United States. The Federal Reserve Board promulgates
regulations applicable to securities credit transactions involving broker-dealers
and certain other institutions. Much of the regulation of broker-dealers,
however, has been delegated to self-regulatory organizations (SROs),
principally the NASD (and its subsidiaries NASD Regulation, Inc.), and the
other national securities exchanges. These SROs, which are subject to oversight
by the SEC, adopt rules (which are subject to approval by the SEC) that
govern the industry, monitor daily activity and conduct periodic examinations
of member broker-dealers.
PCIS is also subject to the Uniting and Strengthening
America by Providing Appropriate Tools Required to Intercept and Obstruct
Terrorism Act of 2001 (the USA Patriot Act), signed into law on October 26,
2001. The USA Patriot Act requires financial institutions to adopt and
implement policies and procedures designed to prevent and defeat money
laundering. PCIS believes it is in compliance with the USA Patriot Act.
Securities firms are also subject to regulation by
state securities commissions in the states in which they are required to be
registered. PCIS is registered as a broker-dealer with the SEC and in all
50 states and in the District of Columbia, and is a member of, and subject to
regulation by, a number of SROs, including the NASD.
As a result of federal and state registration and SRO
memberships, PCIS is subject to overlapping schemes of regulation that cover
all aspects of its securities business. Such regulations cover matters
including capital requirements, uses and safe-keeping of clients funds,
conduct of directors, officers and employees, record-keeping and
reporting requirements, supervisory and organizational procedures intended to
assure compliance with securities laws and to prevent improper trading on
material nonpublic information, employee-related matters, including
qualification and licensing of supervisory and sales personnel, limitations on
extensions of credit in securities transactions, clearance and settlement
procedures, requirements for the registration, underwriting, sale and
distribution of securities, and rules of the SROs designed to promote high
standards of commercial honor and just and equitable principles of
trade. A particular focus
of the applicable regulations concerns the relationship between broker-dealers
and their customers. As a result, the many aspects of the broker-dealer
customer relationship are subject to regulation including, in some instances, suitability
determinations as to certain customer transactions, limitations on the amounts
that may be charged to customers, timing of proprietary trading in relation to
customers trades and disclosures to customers.
PCIS also is subject to Risk Assessment Rules
imposed by the SEC which require, among other things, that certain broker-dealers
maintain and preserve certain information, describe risk management policies
and procedures and report on the financial condition of certain affiliates
whose financial and securities activities are reasonably likely to have a
material impact on the financial and operational condition of the broker-dealers.
Certain Material Associated Persons (as defined in the Risk Assessment Rules)
of the broker-dealers and the activities conducted by such Material
Associated Persons may also be subject to regulation by the SEC.
PCIS is registered as an investment adviser with the
SEC. As an investment adviser registered with the SEC, it is subject to the
requirements of the Investment Advisers Act of 1940 and the SECs regulations
thereunder, as well as certain state securities laws and regulations. Such
requirements relate to, among other things, limitations on the ability of an
investment adviser to charge performance-based or non-refundable fees to
clients, record-keeping and reporting requirements, disclosure
requirements, limitations on principal transactions between an adviser or its
affiliates and advisory clients, as well as general anti-fraud prohibitions.
The state securities law requirements applicable to registered investment
advisers are in certain cases more comprehensive than those imposed under the
federal securities laws.
In the event of
non-compliance with an applicable regulation, governmental regulators and the
NASD may institute administrative or judicial proceedings that may result in
censure, fine, civil penalties (including treble damages in the case of insider
trading violations), the issuance of cease-and-desist orders, the
deregistration or suspension of the non-compliant broker-dealer or
investment adviser, the suspension or disqualification of the broker-dealers
officers or employees or other adverse consequences. With the sale of PCIS to
Uvest, Uvest is now responsible for any such penalties or orders imposed on
PCIS subsequent to effective date of the sale, which was February 28,
2006.
TAXATION
Federal Taxation
General. The Company is subject to federal
income taxation in the same general manner as other corporations with some
exceptions listed below. The following discussion of federal taxation is only
intended to summarize certain pertinent federal income tax matters and is not a
comprehensive description of the applicable tax rules. Tax years 2003, 2004 and
2005 are open under the statute of limitations and subject to review by the
Internal Revenue Service.
The Company files a consolidated federal income tax
return, which includes the Bank. Accordingly, it is anticipated that any cash
distributions made by it would be treated as cash dividends, and not as a non-taxable
return of capital to stockholders for federal and state tax purposes.
Method
of Accounting. For
federal income tax purposes, income and expenses are reported on the accrual
method of accounting and the Company files its federal income tax return using
a June 30 fiscal year end.
Bad
Debt Reserves. The
S Job Protection Act of 1996 (the 1996 Act) eliminated the use
of the reserve method of accounting for bad debt reserves by savings
institutions, effective for taxable years beginning after 1995. Prior to the
1996 Act, the Bank was permitted to establish a reserve for bad debts and to make
additions to the reserve. These additions could, within specified formula
limits, be deducted in arriving at taxable income. As a result of the 1996 Act,
savings associations must use the
specific charge-off method
in computing their bad debt deduction beginning with their 1996 federal tax
return. In addition, federal legislation requires the recapture (over a six
year period) of the excess of tax bad debt reserves at December 31, 1995
over those established as of December 31, 1987. The Bank has no reserve
subject to recapture as of June 30, 2006.
Taxable
Distributions and Recapture. Prior to the 1996 Act, bad debt reserves created prior
to January 1, 1988 were subject to recapture into taxable income if the
Bank failed to meet certain thrift asset and definitional tests. New federal
legislation eliminated these thrift related recapture rules. However, under
current law, pre-1988 reserves remain subject to recapture should the Bank make
certain non-dividend distributions or ceases to maintain a bank charter.
At June 30, 2006, the Banks total federal
pre-1988 reserve was approximately $8.9 million. The reserve reflects the
cumulative effects of federal tax deductions for which no federal income tax
provisions have been made.
Minimum
Tax. The
Code imposes an alternative minimum tax (AMT) at a rate of 20% on a base of
regular taxable income plus certain tax preferences (alternative minimum
taxable income or AMTI). The AMT is payable to the extent such AMTI is in
excess of regular income tax. Net operating losses can offset no more than 90%
of AMTI. Certain payments of alternative minimum tax may be used as credits
against regular tax liabilities in future years. The Company has not been
subject to the AMT nor do we have any such amounts available as credits for
carryover.
Net
Operating Loss Carryovers. Net operating losses may be carried back to the three
preceding taxable years and forward to the succeeding 15 taxable years. This
provision applies to losses incurred in taxable years beginning before August 6,
1997. For net operating losses in years beginning after August 5, 1997,
net operating losses can be carried back to the two preceding taxable years and
forward to the succeeding 20 taxable years with some exceptions. At June 30,
2006, the Company had $559 thousand in net operating loss carry-forwards for
federal income tax purposes as a result of its acquisition of Chester Valley.
The net operating loss carry-forwards will expire in June 2025.
Corporate DividendsReceived
Deduction. The
Company may exclude from income 100% of dividends received from a member of the
same affiliated group of corporations. The corporate dividends received
deduction is 80% in the case of dividends received from corporations, which a
corporate recipient owns less than 80%, but at least 20% of the distribution
corporation. Corporations, which own less than 20% of the stock of a
corporation distributing a dividend, may deduct only 70% of dividends received.
State and Local
Taxation
Pennsylvania
Taxation. Willow
Financial Bancorp is subject to the Pennsylvania Corporate Net Income Tax and
Capital Stock and Franchise Tax. The Corporation Net Income Tax rate for fiscal
2006 is 9.99% and is imposed on the Companys unconsolidated taxable income for
federal purposes with certain adjustments. In general, the Capital Stock Tax is
a property tax imposed at the rate of approximately 0.599% of a corporations
capital stock value, which is determined in accordance with a fixed formula
based upon average net income and net worth.
The Bank is subject to tax
under the Pennsylvania Mutual Thrift Institutions Tax Act (the MTIT), as
amended to include thrift institutions having capital stock. Pursuant to the
MTIT, the tax rate is 11.5%. The MTIT exempts the Bank from other taxes imposed
by the Commonwealth of Pennsylvania for state income tax purposes and from all
local taxation imposed by political subdivisions, except taxes on real estate
and real estate transfers. The MTIT is a tax upon net earnings, determined in
accordance with U.S. generally accepted accounting principles (GAAP)
with certain adjustments. The MTIT, in computing GAAP income, allows for the
deduction of interest earned on state and federal obligations, while
disallowing a percentage of a thrifts interest expense deduction in the
proportion of interest income
on those
securities to the overall interest income of the Bank. Net operating losses, if
any, thereafter can be carried forward three years for MTIT purposes.
Subsidiaries
As of June 30, 2006, the Companys sole direct
subsidiary was Willow Financial Bank. At such date Willow Financial Bank had
four direct subsidiaries, Willow Grove Investment Corporation, a Delaware
corporation which holds and manages certain securities investments, and Willow
Grove Insurance Agency, LLC, a Pennsylvania limited liability company formed to
conduct permitted fixed-rate annuity sales. As of June 30, 2006, Willow Financial
Banks aggregate investment in these subsidiaries was $265.2 million. As a
result of the Merger on August 31, 2005, D&S Service Corporation (D&S
Service) and First Financial Investments (FFI), which previously were
subsidiaries of Chester Valley, are now operating as active subsidiaries of
Willow Financial Bank. D&S Service has participated in the development for
sale of residential properties, in particular condominium conversions, and
development of commercial properties located in or within close proximity of
Chester Valleys market area and FFI conducts retail investment service
activities. D&S Service also operates two wholly owned subsidiaries,
Wildman Projects and D&F Projects, Inc. As of June 30, 2006, the
Bank had $1.7 million invested in D&S Service and its subsidiaries.
Effective February 28,
2006, the Company completed the sale of all outstanding shares of capital stock
of PCIS to Uvest BD-A, Inc., a North Carolina Corporation and registered
broker-dealer (Uvest), for consideration of $100 but providing that such shares
may be repurchased for $100 at any time after the closing date of the stock
sale. Concurrently with the execution of the sale of PCIS, the Bank and Uvest
entered into a related Sub-Clearing and Brokerage Services Agreement, which
provides that an affiliate of Uvest will provide securities clearing and
certain supervisory and compliance services for the Bank, and a Financial
Services Agreement between PCIS and the Bank which provides that the Bank will
be entitled to 92% of the revenue generated by the securities brokerage and
investment advisory activities conducted at the PCIS office and will bear
substantially all operational and overhead expenses. Upon consummation of the
sale of PCIS stock to Uvest, PCIS is no longer a subsidiary of the Company. However,
under the provisions of FIN 46R, Consolidation of Variable Interest Entities,
the results of PCIS will continue to be consolidated in the Companys financial
statements. The affiliation agreement with Uvest has the primary effect of
relieving PCIS of direct responsibility for securities clearing and certain
back-office and oversight obligations.
Item 1A. Risk
Factors
Our operations are
subject to interest rate risk and variations in interest rates may negatively
affect financial performance.
Our
earnings and cash flows are largely dependent upon our net interest income. Net
interest income is the difference between interest income earned on
interest-earning assets such as loans and securities and interest expense paid
on interest-bearing liabilities such as deposits and borrowed money. Changes in
the general level of interest rates may have an adverse effect on our business,
financial condition and result of operations. Interest rates are highly
sensitive to many factors that are beyond our control, including general
economic conditions and policies of various governmental and regulatory
agencies and, in particular, the Federal Reserve Board. Changes in monetary
policy, including changes in interest rates, influence the amount of interest
income that we receive on loans and securities and the amount of interest that
we pay on deposits and borrowings. Changes in monetary policy and interest
rates also can adversely affect:
· our
ability to originate loans and obtain deposits;
· the
fair value of our financial assets and liabilities; and
· the
average duration of our securities portfolio.
If the interest rates paid
on deposits and other borrowings increase at a faster rate than the interest
rates received on loans and other investments, our net interest income, and
therefore earnings, could be adversely affected. Earnings could also be adversely
affected if the interest rates received on loans and other investments fall
more quickly than the interest rates paid on deposits and other borrowings. We
measure interest rate risk under various rate scenarios using specific criteria
and assumptions. A summary of this process, along with the results of our net
portfolio value simulations and gap analysis is presented within Quantitative
and Qualitative Disclosures About Market Risk in Item 7A of this Annual Report
on Form 10-K.
We may be unable to successfully implement our
business strategy.
In recent years, our
business plan has focused on the goals of changing the Banks operations to a
full-service community bank model, growing our franchise and maintaining a high
level of asset quality. Our acquisition of Chester Valley Bancorp in August 2005
significantly advanced our progress in achieving our goals relative to changing
the Bank to a full-service community bank and growing our franchise. We expect
to continue to build and fill-in our existing Bank branch network through
acquisitions, if prudently available, and additional de novo branch offices. No
assurance can be given that we will ultimately succeed in our business plan. Our
efforts will depend upon, among other factors, (i) our ability to retain
and grow our existing base of deposits in an efficient manner, (ii) maintaining
and expanding our commercial and consumer banking relationships in order to
grow our loan portfolio, (iii) attracting and retaining experienced
commercial lenders and managerial employees, (iv) maintaining an efficient
cost structure for our operations, (v) maintaining asset quality and (vi) effectively
expanding our branch network in southeastern Pennsylvania. The failure to
achieve any of these factors could limit the implementations of our businesses
strongly and adversely affect our financial condition and results of
operations.
We are subject to lending risk and could suffer losses
in our loan portfolio despite our underwriting practices.
There are inherent risks
associated with our lending activities. There are risks inherent in making any
loan, including those related to dealing with individual borrowers, nonpayment,
uncertainties as to the future value of collateral and changes in economic and
industry conditions. We attempt to closely manage our credit risk through loan
underwriting and application approval procedures, monitoring of large loan
relationship and periodic independent reviews of outstanding loans by our
lending department and third party loan review specialists. We cannot assure
that such approval and monitoring procedures will reduce these credit risks.
Our loan portfolio includes commercial and
multi-family real estate, commercial business and construction loans, which
generally have a higher degree of risk of loss than single-family residential
loans.
As of June 30, 2006,
approximately 40.6% of our total loan portfolio consisted of commercial real
estate and multi-family real estate loans and construction loans. In addition,
7.5% of our loan portfolio at June 30, 2006 consisted of commercial
business loans. We are focused on increasing these types of loans in the future.
These types of loans involve increased risks because the borrowers ability to
repay the loan typically depends on the successful operation of the business or
the property securing the loan. Additionally, these loans are made to small or
middle-market business customers who may be more vulnerable to economic
conditions and who may not have experienced a complete business or economic cycle.
These types of loans are also typically larger than single-family residential
mortgage loans or consumer loans. Furthermore, since these types of loans
frequently have relatively large balances, the deterioration of one or more of
these loans could cause a significant increase in non-performing loans and or
non-performing assets. An increase in non-performing loans would result in a
reduction in interest income recognized on loans. An increase in non-performing
loans also could require us to increase the
provision
for losses on loans and increase loan charge-offs, both of which would reduce
our net income. All of these could have a material adverse effect on our
financial condition and results of operations.
Adverse economic and business conditions in our
primary market area could cause an increase in loan delinquencies and
non-performing assets which could adversely affect our financial condition and
results of operations.
The substantial majority
of our real estate loans are secured by properties located in Bucks, Montgomery
and Chester Counties, Pennsylvania, and Philadelphia and its suburbs in
southeastern Pennsylvania, central and southern New Jersey and Delaware. The
Companys results of operations and financial condition may be adversely
affected by changes in prevailing economic conditions, particularly in the
Philadelphia metropolitan area, including decreases in real estate values,
adverse local employment conditions, and other significant local events. Any
deterioration in the local economy could result in borrowers not being able to
repay their loans, the value of the collateral securing the Companys loans to
borrowers declining and the quality of the loan portfolio deteriorating. This
could result in an increase in delinquencies and non-performing assets or
require the Company to record loan charge-offs and/or increase the Companys
provisions for loan losses, which would reduce the Companys earnings.
Our allowance for losses on loans may be insufficient
to cover actual losses on loans.
We maintain an allowance
for losses on loans at a level believed adequate by us to absorb credit losses
inherent in the loan portfolio. The allowance for losses on loans is a reserve
established through a provision for losses on loans charged to expense that represents
our estimate of probable incurred losses within the loan portfolio at each
statement of condition date and is based on the review of available and
relevant information. The level of the allowance for losses on loans reflects,
among other things, our consideration of the Companys historical experience,
levels of and trends in delinquencies, the amount of classified assets, the
volume and type of lending, and current and anticipated economic conditions,
especially as they relate to the Companys primary market area. The
determination of the appropriate level of the allowance for losses on loans
inherently involves a high degree of subjectivity and requires us to make
significant estimates of current credit risks and future trends. Our allowance
for loan losses may be insufficient to cover actual losses experienced on
loans. Changes in economic conditions affecting borrowers, new information
regarding existing loans, identification of additional problem loans and other
factors, both within and outside of our control, may require an increase in the
allowance for losses on loans. In addition, bank regulatory agencies
periodically review our allowance for losses on loans and may require an
increase in the provision for losses on loans or the recognition of further
loan charge offs, based on judgments different from ours. Also, if charge offs
in future periods exceed the allowance for losses on loans, we will need
additional provisions to increase our allowance for losses on loans. Any
increases in the allowance for losses on loans will result in a decrease in net
income and possibly capital, and may have a material adverse effect on our
financial condition and results of operations.
We operate in a highly competitive industry and market
area with other financial institutions offering products and services similar
to those we offer.
We compete with savings
associations, national banks, regional banks and other community banks in
making loans, attracting deposits and recruiting and retaining talented
employees, many of which have greater financial and technical resources than us.
We also compete with securities and brokerage companies, mortgage companies,
insurance companies, finance companies, money market mutual funds, credit
unions and other non-bank financial service providers. Many of these
competitors are not subject to the same regulatory restrictions to which we are
subject, yet are able to provide customers with a feasible alternative to
traditional banking services. The competition in our market for making
commercial and construction loans has resulted in more competitive pricing as
well as intense competition for skilled
commercial
lending officers. These trends could have a material adverse effect on our
ability to grow (irrespective of the limitations imposed by the supervisory
agreements) and remain profitable. In addition, if we experience an inability
to recruit and retain skilled commercial lending officers, including
experienced construction lenders, it could pose a significant barrier to
retaining and growing our customer base. The competition in our market for
attracting deposits also has resulted in more competitive pricing.
We depend on the skills and performance of management.
We depend heavily on our management team to provide
leadership and to implement our strategic plan. Our senior management team
provides valuable financial expertise and administrative guidance. The loss of
any member of our senior management team could impair our ability to succeed. We
can give no assurances, however, that these executive officers will continue in
their capacities for any specific periods of time. The loss of services of any
member of our senior management team may make it difficult for us to implement
our business strategy and obtain and retain customers. In addition, if any of
our executive officers decides to leave, it may be difficult to replace him or
her, and we would lose the benefit of the knowledge he or she gained during his
or her tenure with us.
Our future success depends
largely on our ability to identify, attract, hire, train, retain and motivate
other highly skilled technical, managerial, lending and professional personnel.
Competition for such employees is intense and there is a risk that we will not
be able to successfully attract, assimilate or retain sufficiently qualified
personnel. If we fail to attract and retain the necessary technical,
managerial, sales and marketing, customer service personnel and experienced
professionals our ability to successfully implement our business strategy as well
as our results of operations and financial condition could be adversely
affected.
We are subject to extensive government regulation and
supervision which could adversely affect our operations.
We are subject to
extensive federal and state regulations and supervision. Banking regulations
are primarily intended to protect depositors funds, federal deposit insurance
funds and the banking system as a whole, not stockholders. These regulations
affect our lending practices, capital structure, investment practices, dividend
policy and growth, among other things. Congress and federal agencies
continually review banking laws, regulations and policies for possible changes.
Changes to statutes, regulations or regulatory policies, including changes in
interpretation or implementation of statutes, regulations or policies, could
affect us in substantial and unpredictable ways. Such changes could subject us
to additional costs, limit the types of financial services and products we may
offer and/or increase the ability of non-banks to offer competing financial
services and products, among other things. Failure to comply with law,
regulations or policies could result in sanctions by regulatory agencies, civil
money penalties and/or reputation damage, which could have a material adverse
effect on our business, financial condition and results of operations.
Item 1B. Unresolved
Staff Comments
Not applicable.
Willow Fincl (WFBC) - Description of business
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