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pab bankshares, inc. - SNL Financial

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NOTES TO CONSOLIDATED FINANCIAL STATEMENTS<br />

NOTE 1.<br />

SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued)<br />

measurements and disclosures. When measuring the fair value of liabilities, this guidance reiterates that companies should<br />

apply valuation techniques that maximize the use of relevant observable inputs, which is consistent with existing<br />

accounting provisions for fair value measurements. In addition, this guidance clarifies when an entity should adjust quoted<br />

prices of identical or similar assets that are used to estimate the fair value of liabilities. This guidance is effective for the<br />

Company as of December 31, 2009 with adoption applied prospectively.<br />

In addition, the following accounting pronouncements were issued by FASB, but are not yet effective:<br />

FASB issued accounting guidance (FASB Statement No. 166) which modifies certain guidance contained in the Transfers<br />

and Servicing topic of FASB ASC (FASB ASC 860). This standard eliminates the concept of qualifying special purpose<br />

entities, provides guidance as to when a portion of a transferred financial asset can be evaluated for sale accounting,<br />

provides additional guidance with regard to accounting for transfers of financial assets, and requires additional disclosures.<br />

This guidance is effective for the Company as of January 1, 2010, with adoption applied prospectively for transfers that<br />

occur on or after the effective date.<br />

NOTE 2. REGULATORY OVERSIGHT, CAPITAL ADEQUACY, OPERATING LOSSES, LIQUIDITY AND<br />

MANAGEMENT’S PLANS<br />

Regulatory Oversight<br />

The Company and the Bank are currently operating under heightened regulatory scrutiny and have entered into a Written<br />

Agreement with the Federal Reserve Bank of Atlanta and the Georgia Department of Banking and Finance on July 14,<br />

2009. The Written Agreement places certain requirements and restrictions on the Bank. Under the terms of the Written<br />

Agreement, the Bank is required to prepare and submit written plans and reports to the regulators that address<br />

strengthening the Bank’s credit risk management practices, improving loan underwriting and loan administration,<br />

improving asset quality, <strong>inc</strong>luding improving the Bank’s position on problem loans through repayment, additional<br />

collateral or other means; reviewing and revising as necessary the Bank’s allowance for loan and lease losses policy;<br />

maintaining sufficient capital at the Bank; revising and implementing a profitability plan and comprehensive budget to<br />

improve and sustain the Bank’s earnings; and improving the Bank’s liquidity position and funds management practices.<br />

The Company submitted the requested plans to the regulators for their review on August 26, 2009. The Company may<br />

supplement these plans and reports in the future in response to comments and requests from our regulators. While the<br />

Written Agreement remains in place, the Company may not pay dividends and may not <strong>inc</strong>rease debt or redeem any shares<br />

of our stock without the prior written consent of the regulators.<br />

S<strong>inc</strong>e the Bank entered into the Written Agreement, it has aggressively taken steps to address the components of the<br />

Written Agreement. The Bank has taken an active role in working with the Federal Reserve and the Georgia Department<br />

to improve its financial condition and are addressing the items <strong>inc</strong>luded in the Written Agreement on a continuing basis,<br />

<strong>inc</strong>luding establishing new commercial real estate loan concentration limits, new policies on the use of interest reserves,<br />

and comprehensive underwriting criteria for commercial credit analysis. The Bank has also developed plans to strengthen<br />

its problem asset management function and to reduce the level of problem assets on its balance sheet over a period of time.<br />

The Bank is in ongoing dialogue with its regulators to remain in compliance with the terms of the Written Agreement.<br />

Failure to adequately address the Written Agreement may result in actions by the banking regulators <strong>inc</strong>luding, the<br />

eventual appointment of a receiver or conservator of the Bank’s assets.<br />

Capital Adequacy<br />

As of December 31, 2009, the Bank was considered “adequately capitalized,” not “well capitalized,” under regulatory<br />

guidelines. Management is pursuing a number of strategic alternatives to improve the capital ratios of the Bank and to<br />

reduce the level of classified assets. Current market conditions for banking institutions, the overall uncertainty in<br />

financial markets and the Bank’s high level of non-performing assets are potential barriers to the success of these<br />

strategies. If current adverse market factors continue for a prolonged period of time, new adverse market factors emerge,<br />

and/or the Bank is unable to successfully execute its plans or adequately address regulatory concerns in a sufficiently<br />

timely manner, it could have a material adverse effect on the Bank’s business, results of operations and financial position.<br />

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