August 01, 2017
Federal Reserve Board issues enforcement actions with Mesquite Financial Services, Inc., Federal One Holdings, LLC, and Admirals Bancorp, Inc. and announces termination of enforcement action with First St. Charles Bancshares, Inc.
For release at 11:00 a.m. EDT
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The Federal Reserve Board on Tuesday announced the execution of the enforcement actions listed below:
Mesquite Financial Services, Inc., Alice, Texas
Written Agreement dated July 6, 2017
Federal One Holdings, LLC, Milton, Massachusetts and
Admirals Bancorp, Inc., Boston, Massachusetts
Written Agreement dated July 28, 2017
The Federal Reserve Board also announced the termination of the enforcement action listed below:
First St. Charles Bancshares, Inc., Boutte, Louisiana
Written Agreement issued December 21, 2011
Terminated July 24, 2017
The enforcement action from December 2011 can be found here and other enforcement actions can be searched for here.
For media inquiries, call 202-452-2955.
百度翻译：
八月01, 2017
美国联邦储备委员会问题的执法行动和牧豆树的金融服务，公司控股的LLC联邦，提督Bancorp公司，公司宣布第一BANCSHARES圣查尔斯执法行动终止，Inc.
美国东部时间上午11点发布
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联邦储备委员会星期二宣布执行下列执法行动：
牧豆树的金融服务，公司，爱丽丝，德克萨斯
2017年7月6日书面协议
联邦一控股，LLC，密尔顿，马萨诸塞州和
提督Bancorp公司，公司，波士顿，马萨诸塞州
2017年7月28日书面协议
联邦储备委员会还宣布终止下列执法行动：
第一BANCSHARES公司，圣查尔斯，Boutte，路易斯安那
2011年12月21日签署的书面协议
终止2017年7月24日
从2011年12月起的执法行动可以在这里找到，其他执法行动可以在这里搜索。
传媒查询，电话202-452-2955。
UNITED STATES OF AMERICA
BEFORE THE
BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
WASHINGTON, D.C.
TEXAS DEPARTMENT OF BANKING
AUSTIN, TEXAS
Written Agreement by and among
MESQUITE FINANCIAL SERVICES, INC.
Alice, Texas
FEDERAL RESERVE BANK OF DALLAS
Dallas, Texas
and
TEXAS DEPARTMENT OF BANKING
Austin, Texas
Docket No. 17-014-WA/RB-HC
Commissioner Order 2017-005
WHEREAS, Mesquite Financial Services, Inc., Alice, Texas (“Mesquite”), a registered bank holding company, owns and controls Texas Champion Bank, Corpus Christi, Texas (“Bank”), a state-chartered, nonmember bank, and various nonbank subsidiaries;
WHEREAS, it is the common goal of Mesquite, the Federal Reserve Bank of Dallas (the “Reserve Bank”), and the Texas Department of Banking (the “Department”) to maintain the financial soundness of Mesquite so that Mesquite may serve as a source of strength to the Bank;
WHEREAS, Mesquite, the Reserve Bank, and the Department have mutually agreed to enter into this Written Agreement (the “Agreement”); and
WHEREAS, on July 6, 2017, the board of directors of Mesquite, at a duly constituted meeting, adopted a resolution authorizing and directing Travis H. Burris, Chief Executive
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Officer, to enter into this Agreement on behalf of Mesquite, and consenting to compliance with each and every provision of this Agreement by Mesquite.
NOW, THEREFORE, Mesquite, the Reserve Bank, and the Department agree as follows:
Source of Strength
1. The board of directors of Mesquite shall take appropriate steps to fully utilize Mesquite’s financial and managerial resources, pursuant to section 38A of the Federal Deposit Insurance Act, as amended (“the FDI Act”) (12 U.S.C. § 1831o-1) and section 225.4(a) of Regulation Y of the Board of Governors of the Federal Reserve System (the “Board of Governors”) (12 C.F.R. § 225.4 (a)), to serve as a source of strength to the Bank, including, but not limited to, taking steps to ensure that the Bank complies with the Consent Order entered into by the Federal Deposit Insurance Corporation (the “FDIC”) and the Department on February 13, 2017, and any other supervisory action taken by the Bank’s federal or state regulator.
Dividends and Distributions
2. (a) Mesquite shall not declare or pay any dividends without the prior written approval of the Reserve Bank, the Director of the Division of Supervision and Regulation of the Board of Governors (the “Director”), and the Department.
(b) Mesquite shall not, directly or indirectly, take dividends or any other form of payment representing a reduction in capital from the Bank without the prior written approval of the Reserve Bank and the Department.
(c) Mesquite and its nonbank subsidiaries shall not make any distributions of interest, principal, or other sums on subordinated debentures or trust preferred securities without the prior written approval of the Reserve Bank, the Director, and the Department.
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(d) All requests for prior approval shall be received by the Reserve Bank and the Department at least 30 days prior to the proposed dividend declaration date, proposed distribution on subordinated debentures, and required notice of deferral on trust preferred securities. All requests shall contain, at a minimum, current and projected information on Mesquite’s capital, earnings, and cash flow; the Bank’s capital, asset quality, earnings, and allowance for loan and lease losses; and identification of the sources of funds for the proposed payment or distribution. For requests to declare or pay dividends, Mesquite must also demonstrate that the requested declaration or payment of dividends is consistent with the Board of Governors’ Policy Statement on the Payment of Cash Dividends by State Member Banks and Bank Holding Companies, dated November 14, 1985 (Federal Reserve Regulatory Service, 4-877 at page 4-323).
Debt and Stock Redemption
3. (a) Mesquite and its nonbank subsidiaries shall not, directly or indirectly, incur, increase, or guarantee any debt without the prior written approval of the Reserve Bank and the Department. All requests for prior written approval shall contain, but not be limited to, a statement regarding the purpose of the debt, the terms of the debt, and the planned source(s) for debt repayment, and an analysis of the cash flow resources available to meet such debt repayment.
(b) Mesquite shall not, directly or indirectly, purchase or redeem any shares of its stock without the prior written approval of the Reserve Bank and the Department.
Compliance with Laws and Regulations
4. (a) In appointing any new director or senior executive officer, or changing the responsibilities of any senior executive officer so that the officer would assume a different senior
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executive officer position, Mesquite shall comply with the notice provisions of section 32 of the FDI Act (12 U.S.C. § 1831i) and Subpart H of Regulation Y of the Board of Governors (12 C.F.R. §§ 225.71 et seq.), and Mesquite shall also obtain the prior approval of the Department.
(b) Mesquite shall comply with the restrictions on indemnification and severance payments of section 18(k) of the FDI Act (12 U.S.C. § 1828(k)) and Part 359 of the FDIC’s regulations (12 C.F.R. Part 359).
Progress Reports
5. Within 45 days after the end of each calendar quarter following the date of this Agreement, Mesquite shall submit to the Reserve Bank and the Department written progress reports detailing the form and manner of all actions taken to secure compliance with the provisions of this Agreement and the results thereof, and a parent company only balance sheet, income statement, and, as applicable, reports of changes in stockholders’ equity.
Communications
6. All communications regarding this Agreement shall be sent to:
(a) Mr. John S. Insley, Jr.
Vice President
Federal Reserve Bank of Dallas
2200 North Pearl Street
Dallas, Texas 75201
(b) Mr. Charles G. Cooper
Commissioner
Texas Department of Banking
2601 North Lamar Boulevard
Austin, Texas 78705
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(c) Mr. Travis H. Burris
Chief Executive Officer
Mesquite Financial Services, Inc.
801 North Texas Boulevard
Alice, Texas 78332
7. Notwithstanding any provision of this Agreement, the Reserve Bank and the Department may, in their sole discretion, grant written extensions of time to Mesquite to comply with any provision of this Agreement.
8. The provisions of this Agreement shall be binding upon Mesquite and its institution-affiliated parties, as defined in sections 3(u) and 8(b)(3) of the FDI Act (12 U.S.C. §§ 1813(u) and 1818(b)(3)), in their capacities as such, and their successors and assigns.
9. Each provision of this Agreement shall remain effective and enforceable until stayed, modified, terminated, or suspended in writing by the Reserve Bank and the Department.
10. The provisions of this Agreement shall not bar, estop, or otherwise prevent the Board of Governors, the Reserve Bank, the Department, or any other federal or state agency from taking any other action affecting Mesquite, the Bank, any nonbank subsidiary of Mesquite, or any of their current or former institution-affiliated parties and their successors and assigns.
11. The Department having determined that the requirements for issuance of an order under Texas Finance Code § 35.002 have been met, this Agreement is deemed to be a consent order issued by the Department under Texas Finance Code §§ 35.002, 201.009(a) and 202.005(a)(2). Without admitting or denying any charges of unsafe and unsound banking practices, or violation of applicable Texas law, Mesquite consents to deeming this Agreement to be a consent order for the purposes of Texas law. Mesquite hereby waives all its rights regarding an order under Texas Finance Code §§ 35.002, 35.004, 35.009, and 201.009, including
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requirements for issuance and service of an order under Texas Finance Code § 35.002, its right to a hearing under Texas Finance Code § 35.004, all defenses, and review of such order by a state agency, commission, or state or federal court.
12. Pursuant to section 50 of the FDI Act (12 U.S.C. § 1831aa), this Agreement is enforceable by the Board of Governors under section 8 of the FDI Act (12 U.S.C. § 1818). This Agreement is enforceable by the Department as a final, non-appealable, and immediately enforceable order pursuant to the provisions of Texas Finance Code § 35.009 and other provisions of Texas law.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the 6th day of July, 2017.
MESQUITE FINANCIAL SERVICES, INC. FEDERAL RESERVE BANK OF
DALLAS
By: /s/ Travis H. Burris By: /s/ John S. Insley, Jr. x
Travis H. Burris John S. Insley, Jr.
Chief Executive Officer Vice President
TEXAS DEPARTMENT OF
BANKING
By: /s/ Charles G. Cooper x
Charles G. Cooper
Commissioner
UNITED STATES OF AMERICA
BEFORE THE
BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
WASHINGTON, D.C.
Written Agreement by and between
Docket No. 17-024-WA/RB-HC
FEDERAL ONE HOLDINGS, LLC
Milton, Massachusetts
ADMIRALS BANCORP, INC.
Boston, Massachusetts
and
FEDERAL RESERVE BANK OF
BOSTON
Boston, Massachusetts
WHEREAS, Federal One Holdings, LLC, Milton, Massachusetts (“Federal One”), is a registered savings and loan holding company that owns and controls Admirals Bancorp, Inc., Boston, Massachusetts (“Admirals”); and Admirals is a registered savings and loan holding company that owns and controls Admirals Bank, Boston, Massachusetts (the “Savings Bank”), a federal savings bank, Sargent Statutory Trust I, Georgetown, Cayman Islands (“Trust I”), and another nonbank subsidiary;
WHEREAS, it is the common goal of Federal One, Admirals (collectively, the “Companies”), and the Federal Reserve Bank of Boston (the “Reserve Bank”) to maintain the financial soundness of the Companies so that the Companies may serve as a source of strength to the Savings Bank;
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WHEREAS, the Companies and the Reserve Bank have mutually agreed to enter into this Written Agreement (the “Agreement”);
WHEREAS, on July 27, 2017, the boards of directors of the Companies, at duly constituted meetings, adopted resolutions authorizing and directing Susan Dufresne to enter into this Agreement on behalf of each of the Companies, and consenting to compliance with each and every provision of this Agreement by the Companies.
NOW, THEREFORE, Federal One, Admirals, and the Reserve Bank agree as follows:
Source of Strength
1. The boards of directors of the Companies shall take appropriate steps to fully utilize the Companies’ financial and managerial resources, pursuant to section 38A of the Federal Deposit Insurance Act, as amended (the “FDI Act”) (12 U.S.C. § 1831o-1) and section 238.8(a) of Regulation LL of the Board of Governors of the Federal Reserve System (the “Board of Governors”) (12 C.F.R. § 238.8(a)), to serve as a source of strength to the Savings Bank, including, but not limited to, taking steps to ensure that the Savings Bank complies with the Consent Order entered into with the Office of the Comptroller of the Currency on March 30, 2017, and any other supervisory action taken by the Savings Bank’s federal regulator.
Dividends and Distributions
2. (a) The Companies shall not declare or pay any dividends without the prior written approval of the Reserve Bank and the Director of the Division of Supervision and Regulation (the “Director”) of the Board of Governors.
(b) The Companies shall not directly or indirectly take dividends or any other form of payment representing a reduction in capital from the Savings Bank without the prior written approval of the Reserve Bank.
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(c) The Companies and Trust I shall not make any distributions of interest, principal, or other sums on subordinated debentures or trust preferred securities without the prior written approval of the Reserve Bank and the Director.
(d) All requests for prior approval shall be received by the Reserve Bank at least 30 days prior to the proposed dividend declaration date, proposed distribution on subordinated debentures, and required notice of deferral on trust preferred securities. All requests shall contain, at a minimum, current and projected information on the Companies’ capital, earnings, and cash flow; the Savings Bank’s capital, asset quality, earnings, and allowance for loan and lease losses; and identification of the sources of funds for the proposed payment or distribution. For requests to declare or pay dividends, the Companies must also demonstrate that the requested declaration or payment of dividends is consistent with the Board of Governors’ Policy Statement on the Payment of Cash Dividends by State Member Banks and Bank Holding Companies, dated November 14, 1985 (Federal Reserve Regulatory Service, 4-877 at page 4-323).
Debt and Stock Redemption
3. (a) The Companies and Trust I shall not, directly or indirectly, incur, increase, or guarantee any debt without the prior written approval of the Reserve Bank. All requests for prior written approval shall contain, but not be limited to, a statement regarding the purpose of the debt, the terms of the debt, and the planned source(s) for debt repayment, and an analysis of the cash flow resources available to meet such debt repayment.
(b) The Companies shall not, directly or indirectly, purchase or redeem any shares of their stock without the prior written approval of the Reserve Bank.
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Conflicts of Interest Policy
4. Within 90 days of this Agreement, each of the Companies shall develop a written conflicts of interests policy that shall, at a minimum, apply to all directors, officers or employees of the Companies and address the responsibilities for conduct and the avoidance of conflicts of interest, and the appearance thereof, in transactions involving affiliates.
Cash Flow Projections
5. Within 60 days of this Agreement, each of the Companies shall submit to the Reserve Bank a written statement of their planned sources and uses of cash for debt service, operating expenses, and other purposes (“Cash Flow Projection”) for the remainder of 2017. Each of the Companies shall submit to the Reserve Bank Cash Flow Projections for each calendar year subsequent to 2017 at least one month prior to the beginning of that calendar year.
Compliance with Laws and Regulations
6. (a) In appointing any new director or senior executive officer, or changing the responsibilities of any senior executive officer so that the officer would assume a different senior executive officer position, the Companies shall comply with the notice provisions of section 32 of the FDI Act (12 U.S.C. § 1831i) and Subpart H of Regulation LL of the Board of Governors (12 C.F.R. §§ 238.71 et seq.).
(b) The Companies shall comply with the restrictions on indemnification and severance payments of section 18(k) of the FDI Act (12 U.S.C. § 1828(k)) and Part 359 of the
Federal Deposit Insurance Corporation’s regulations (12 C.F.R. Part 359).
Progress Reports
7. Within 45 days after the end of each calendar quarter following the date of this Agreement, the boards of directors shall submit to the Reserve Bank written progress reports
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detailing the form and manner of all actions taken to secure compliance with the provisions of this Agreement and the results thereof, and a parent company only balance sheet, income statement, and, as applicable, report of changes in stockholders’ equity.
Communications
8. All communications regarding this Agreement shall be sent to:
(a) Mr. Ronald J. Adams
Assistant Vice President
Federal Reserve Bank of Boston
600 Atlantic Avenue
Boston, Massachusetts 02210
(b) Ms. Susan Dufresne
Manager
Federal One Holdings, LLC
c/o Admirals Bank
200 Clarendon Street, 22nd Floor
Boston, Massachusetts 02116
(c) Ms. Susan Dufresne
Director
Admirals Bancorp, Inc.
c/o Admirals Bank
200 Clarendon Street, 22nd Floor
Boston, Massachusetts 02116
Miscellaneous
9. Notwithstanding any provision of this Agreement, the Reserve Bank may, in its sole discretion, grant written extensions of time to the Companies to comply with any provision of this Agreement.
10. The provisions of this Agreement shall be binding upon the Companies and their institution-affiliated parties, as defined in sections 3(u) and 8(b)(3) of the FDI Act (12 U.S.C. §§ 1813(u) and 1818(b)(3)), in their capacities as such, and their successors and assigns.
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11. Each provision of this Agreement shall remain effective and enforceable until stayed, modified, terminated, or suspended in writing by the Reserve Bank.
12. The provisions of this Agreement shall not bar, estop, or otherwise prevent the Board of Governors, the Reserve Bank, or any other federal or state agency from taking any other action affecting the Companies, the Bank, any nonbank subsidiary of the Companies, or any of their current or former institution-affiliated parties and their successors and assigns.
13. Pursuant to section 50 of the FDI Act (12 U.S.C. § 1831aa), this Agreement is enforceable by the Board of Governors under section 8 of the FDI Act (12 U.S.C. § 1818).
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the 28th day of July, 2017.
FEDERAL ONE HOLDINGS, LLC FEDERAL RESERVE BANK
OF BOSTON
By: /s/ Susan Dufresne By: /s/ Ronald J. Adams
Susan Dufresne Ronald J. Adams
Manager Assistant Vice President
ADMIRALS BANCORP, INC.
By: /s/ Susan Dufresne
Susan Dufresne
Director
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