Peoples Bancorp Of North Carolina Inc
Peoples Bancorp of North Carolina, Inc., was formed in 1999 to serve as the
holding company for Peoples Bank (the "Bank"). The Company is a bank
holding company registered with the Board of Governors of the Federal Reserve
System (the "Federal Reserve") under the Bank Holding Company Act
of 1956, as amended (the "BHCA"). The Companys principal source of
income is dividends declared and paid by the Bank on its capital stock, if any.
The Company has no operations and conducts no business of its own other than
owning the Bank and Community Bank Real Estate Solutions, LLC ("CBRES").
Accordingly, the discussion of the business which follows concerns the business
conducted by the Bank, unless otherwise indicated.
The Bank operates four banking offices focused on the Latino population under
the name Banco de la Gente ("Banco"). These offices are operated as
a division of the Bank. Banco offers normal and customary banking services as
are offered in the Banks other branches such as the taking of deposits and
the making of loans and therefore is not considered a reportable segment of
the Company. The Bank operates one Banco loan production office in Durham County
and one Banco loan production office in Forsyth County specifically designed
to serve the growing Latino market.
The Bank has a diversified loan portfolio, with no foreign loans and few agricultural
loans. Real estate loans are predominately variable rate and fixed rate commercial
property loans, which include residential development loans to commercial customers.
Commercial loans are spread throughout a variety of industries with no one particular
industry or group of related industries accounting for a significant portion
of the commercial loan portfolio. The majority of the Banks deposit and loan
customers are individuals and small to medium-sized businesses located in the
Banks market area. The Banks loan portfolio also includes Individual Taxpayer
Identification Number (ITIN) mortgage loans generated thorough the Banks Banco
offices.
Bank holding companies and commercial banks are extensively regulated under
both federal and state law. The following is a brief summary of certain statutes
and rules and regulations that affect or will affect the Company, the Bank and
any subsidiaries. This summary is qualified in its entirety by reference to
the particular statute and regulatory provisions referred to below and is not
intended to be an exhaustive description of the statutes or regulations applicable
to the business of the Company, the Bank and any subsidiaries. Supervision,
regulation and examination of the Company and the Bank by the regulatory agencies
are intended primarily for the protection of depositors rather than shareholders
of the Company. Statutes and regulations which contain wide-ranging proposals
for altering the structures, regulations and competitive relationship of financial
institutions are introduced regularly. The Company cannot predict whether or
in what form any proposed statute or regulation will be adopted or the extent
to which the business of the Company and the Bank may be affected by such statute
or regulation.
There are a number of obligations and restrictions imposed on bank holding
companies and their depository institution subsidiaries by law and regulatory
policy that are designed to minimize potential loss to the depositors of such
depository institutions and the FDIC insurance funds in the event the depository
institution becomes in danger of default or in default. For example, to mitigate
the risk of failure, bank holding companies are required to guarantee the compliance
of any insured depository institution subsidiary that may become "undercapitalized"
with the terms of the capital restoration plan filed by such subsidiary with
its appropriate federal banking agency up to the lesser of (i) an amount equal
to 5% of the banks total assets at the time the bank became undercapitalized
or (ii) the amount which is necessary (or would have been necessary) to bring
the bank into compliance with all capital standards as of the time the bank
fails to comply with such capital restoration plan. The Company, as a registered
bank holding company, is subject to the regulation of the Federal Reserve. Under
a policy of the Federal Reserve with respect to bank holding company operations,
a bank holding company is required to serve as a source of financial strength
to its subsidiary depository institutions and to commit resources to support
such institutions in circumstances where it might not do so absent such policy.
The Federal Reserve under the BHCA also has the authority to require a bank
holding company to terminate any activity or to relinquish control of a nonbank
subsidiary (other than a nonbank subsidiary of a bank) upon the Federal Reserves
determination that such activity or control constitutes a serious risk to the
financial soundness and stability of any bank subsidiary of the bank holding
company.