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Capital Requirements

12 Months Ended

Dec. 31, 2021

(19) Capital Requirements

Bank regulatory agencies limit the amount of dividends, which the Subsidiary Banks can pay, without obtaining prior approval from such agencies. At December 31, 2021, the Subsidiary Banks could pay dividends of up to $1,066,000,000 without prior regulatory approval and without adversely affecting their “well-capitalized” status under regulatory capital rules in effect at December 31, 2021. In addition to legal requirements, regulatory authorities also consider the adequacy of the Subsidiary Banks’ total capital in relation to their deposits and other factors. These capital adequacy considerations also limit amounts available for payment of dividends. We historically have not allowed any Subsidiary Bank to pay dividends in such a manner as to impair its capital adequacy.

We and the Subsidiary Banks are subject to various regulatory capital requirements administered by the federal banking agencies. Failure to meet minimum capital requirements can initiate certain mandatory and possibly additional discretionary actions by regulators that, if undertaken, could have a direct material effect on our consolidated financial statements. Under capital adequacy guidelines and the regulatory framework for prompt corrective action, we must meet specific capital guidelines that involve quantitative measures of our assets, liabilities, and certain off-statement of condition items as calculated under regulatory accounting practices. Our capital amounts and classification are also subject to qualitative judgments by the regulators about components, risk weightings, and other factors.

Current quantitative measures established by regulation to ensure capital adequacy require us to maintain minimum amounts and ratios (set forth in the table on the following page) of Total and Tier 1 capital to risk-weighted assets and of Tier 1 capital to average assets. Management believes, as of December 31, 2021, that we met all capital adequacy requirements to which we are subject.

In July 2013, the FDIC and other regulatory bodies established a new, comprehensive capital framework for U.S. banking organizations, consisting of minimum requirements that increase both the quantity and quality of capital held by banking organizations. The final rules are a result of the implementation of the BASEL III capital reforms and various Dodd-Frank related capital provisions. Consistent with the Basel international framework, the rules include a new minimum ratio of Common Equity Tier 1 (“CET1”) to risk-weighted assets of 4.5% and a CET1 capital conservation buffer of 2.5% of risk-weighted assets. The capital conservation buffer began phasing-in on January 1, 2016 at .625% and increased each year until January 1, 2019, when we were required to have a 2.5% capital conservation buffer, effectively resulting in a minimum ratio of CET1 capital to risk-weighted assets of at least 7% upon full implementation. The rules also raised the minimum ratio of Tier 1 capital to risk-weighted assets from 4% to 6% and include a minimum leverage ratio of 4% for all banking organizations. Regarding the quality of capital, the rules emphasize CET1 capital and implements strict eligibility criteria for regulatory capital instruments. The rules also improve the methodology for calculating risk-weighted assets to enhance risk sensitivity. The rules were subject to a four-year phase-in period for mandatory compliance and we were required to begin to phase-in the new rules beginning on January 1, 2015. We believe that as of December 31, 2021, we meet all fully phased-in capital adequacy requirements.

On November 21, 2017, the OCC, the Federal Reserve and the FDIC finalized a proposed rule that extends the current treatment under the regulatory capital rules for certain regulatory capital deductions and risk weights and certain minority interest requirements, as they apply to banking organizations that are not subject to the advanced approaches

capital rules. Effective January 1, 2018, the rule also paused the full transition to the Basel III treatment of mortgage servicing assets, certain deferred tax assets, investments in the capital of unconsolidated financial institutions and minority interests. The agencies are also considering whether to make adjustments to the capital rules in response to CECL (the FASB Standard relating to current expected credit loss) and its potential impact on regulatory capital.

On December 7, 2017, the Basel Committee on Banking Supervision unveiled the latest round of its regulatory capital framework, commonly called “Basel IV.” The framework makes changes to the capital framework first introduced as “Basel III” in 2010. The committee targeted 2022-2027 as the timeframe for implementation by regulators in individual countries, including the U.S. federal bank regulatory agencies (after notice and comment).

The aforementioned capital conservation buffer is designed to absorb losses during periods of economic stress. Banking institutions with a ratio of CET1 capital to risk-weighted assets above the minimum but below the conservation buffer will face constraints on dividends, equity repurchases and compensation based on the amount of the shortfall.

As of December 31, 2021, our capital levels continue to exceed all capital adequacy requirements under the Basel III Capital Rules as currently applicable to us.

On May 24, 2018, the EGRRCPA was enacted and, among other things, it includes a simplified capital rule change which effectively exempts banks with assets of less than $10 billion that exceed the “community bank leverage ratio,” from all risk-based capital requirements, including Basel III and its predecessors. The federal banking agencies must establish the “community bank leverage ratio” (a ratio of tangible equity to average consolidated assets) between 8% and 10% before community banks can begin to take advantage of this regulatory relief provision. Some of the Subsidiary Banks, with assets of less than $10 billion, may qualify for this exemption. Additionally, under the EGRRCPA, qualified bank holding companies with assets of up to $3 billion (currently $1 billion) will be eligible for the Federal Reserve’s Small Bank Holding Company Policy Statement, which eases limitations on the issuance of debt by holding companies. On August 28, 2018, the Federal Reserve issued an interim final rule expanding the applicability of its Small Bank Holding Company Policy Statement. While holding companies that meet the conditions of the policy statement are excluded from consolidated capital requirements, their depository institutions continue to be subject to minimum capital requirements. Finally, for banks that continue to be subject to the risk-based capital rules of Basel III (e.g., 150%), certain commercial real estate loans that were formally classified as high volatility commercial real estate 31 (“HVCRE”) will not be subject to heightened risk weights if they meet certain criteria. Also, while acquisition, development, and construction (“ADC”) loans will generally be subject to heightened risk weights, certain exceptions will apply. On September 18, 2018, the federal banking agencies issued a proposed rule modifying the agencies’ capital rules for HVCRE.

As of December 31, 2021, the most recent notification from the FDIC categorized all the Subsidiary Banks as well-capitalized under the regulatory framework for prompt corrective action. To be categorized as “well-capitalized,” we must maintain minimum Total risk-based, Tier 1 risk based, and Tier 1 leverage ratios as set forth in the table. There are no conditions or events since that notification that management believes have changed our categorization as well-capitalized.

In December 2018, the federal bank regulators issued a final rule that would provide an optional three-year phase-in period for the day-one regulatory capital effects of the adoption of ASU 2016-13 to ASC 326 “Financial Instruments – Credit Losses,” as amended, on January 1, 2020. We did not elect to use the optional three-year phase-in period when we adopted ASU 2016-13 to ASC 326 “Financial Instruments – Credit Losses,” as amended, on January 1, 2020.

Our actual capital amounts and ratios for 2021 under current guidelines are presented in the following table:



					For Capital Adequacy				To Be Well-Capitalized
					Purposes				Under Prompt Corrective
	Actual				Phase In Schedule				Action Provisions
	Amount		Ratio		Amount		Ratio		Amount		Ratio
					(greater than		(greater than		(greater than		(greater than
					or equal to)		or equal to)		or equal to)		or equal to)
	(Dollars in Thousands)
As of December 31, 2021:
Common Equity Tier 1 (to Risk Weighted Assets):
Consolidated	$	2,057,928	20.47	%	$	703,710	7.000	%		N/A	N/A
International Bank of Commerce, Laredo		1,287,687	19.74			456,544	7.000		$	423,934	6.50	%
International Bank of Commerce, Brownsville		315,957	19.80			111,690	7.000			103,712	6.50
International Bank of Commerce, Oklahoma		221,567	18.59			83,452	7.000			77,491	6.50
Commerce Bank		102,375	46.06			15,559	7.000			14,448	6.50
International Bank of Commerce, Zapata		75,303	42.25			12,475	7.000			11,584	6.50
Total Capital (to Risk Weighted Assets):
Consolidated	$	2,284,579	22.73	%	$	1,055,565	10.500	%		N/A	N/A
International Bank of Commerce, Laredo		1,367,487	20.97			684,816	10.500		$	652,206	10.00	%
International Bank of Commerce, Brownsville		334,495	20.96			167,535	10.500			159,557	10.00
International Bank of Commerce, Oklahoma		232,454	19.50			125,178	10.500			119,217	10.00
Commerce Bank		104,996	47.24			23,339	10.500			22,227	10.00
International Bank of Commerce, Zapata		77,354	43.40			18,713	10.500			17,822	10.00
Tier 1 Capital (to Risk Weighted Assets):
Consolidated	$	2,170,682	21.59	%	$	854,505	8.500	%		N/A	N/A
International Bank of Commerce, Laredo		1,287,687	19.74			554,375	8.500		$	521,764	8.00	%
International Bank of Commerce, Brownsville		315,957	19.80			135,623	8.500			127,645	8.00
International Bank of Commerce, Oklahoma		221,567	18.59			101,334	8.500			95,374	8.00
Commerce Bank		102,375	46.06			18,893	8.500			17,782	8.00
International Bank of Commerce, Zapata		75,303	42.25			15,149	8.500			14,258	8.00
Tier 1 Capital (to Average Assets):
Consolidated	$	2,170,682	13.94	%	$	622,671	4.00	%	$	N/A	N/A
International Bank of Commerce, Laredo		1,287,687	11.14			462,225	4.00			577,781	5.00	%
International Bank of Commerce, Brownsville		315,957	20.17			62,663	4.00			78,329	5.00
International Bank of Commerce, Oklahoma		221,567	11.49			77,164	4.00			96,455	5.00
Commerce Bank		102,375	16.10			25,441	4.00			31,801	5.00
International Bank of Commerce, Zapata		75,303	16.15			18,651	4.00			23,314	5.00

Our actual capital amounts and ratios for 2020 are also presented in the following table:


										To Be Well-Capitalized
					For Capital Adequacy					Under Prompt Corrective
	Actual				Purposes					Action Provisions
	Amount		Ratio		Amount		Ratio			Amount	Ratio
					(greater than		(greater than		(greater than		(greater than
					or equal to)		or equal to)		or equal to)		or equal to)
	(Dollars in Thousands)
As of December 31, 2020:
Common Equity Tier 1 (to Risk Weighted Assets):
Consolidated	$	1,874,641	19.05	%	$	688,678	7.000	%		N/A	N/A
International Bank of Commerce, Laredo		1,295,437	18.19			498,492	7.000		$	462,885	6.50	%
International Bank of Commerce, Oklahoma		207,339	17.45			83,150	7.000			77,211	6.50
International Bank of Commerce, Brownsville		189,575	22.18			59,843	7.000			55,569	6.50
International Bank of Commerce, Zapata		71,369	34.51			14,476	7.000			13,442	6.50
Commerce Bank		93,426	35.64			18,347	7.000			17,037	6.50
Total Capital (to Risk Weighted Assets):
Consolidated	$	2,105,360	21.40	%	$	1,033,017	10.500	%		N/A	N/A	%
International Bank of Commerce, Laredo		1,380,685	19.39			747,737	10.500		$	712,131	10.00
International Bank of Commerce, Oklahoma		218,657	18.41			124,725	10.500			118,786	10.00
International Bank of Commerce, Brownsville		200,269	23.43			89,765	10.500			85,490	10.00
International Bank of Commerce, Zapata		73,510	35.55			21,714	10.500			20,680	10.00
Commerce Bank		96,240	36.72			27,521	10.500			26,210	10.00
Tier 1 Capital (to Risk Weighted Assets):												%
Consolidated	$	1,992,403	20.25	%	$	836,252	8.500	%		N/A	N/A
International Bank of Commerce, Laredo		1,295,437	18.19			605,311	8.500		$	569,705	8.00
International Bank of Commerce, Oklahoma		207,339	17.45			100,968	8.500			95,029	8.00
International Bank of Commerce, Brownsville		189,575	22.18			72,667	8.500			68,392	8.00
International Bank of Commerce, Zapata		71,369	34.51			17,578	8.500			16,544	8.00
Commerce Bank		93,426	35.64			22,279	8.500			20,968	8.00	%
Tier 1 Capital (to Average Assets):
Consolidated	$	1,992,403	14.92	%	$	534,228	4.00	%	$	N/A	N/A
International Bank of Commerce, Laredo		1,295,437	13.11			395,289	4.00			494,112	5.00
International Bank of Commerce, Oklahoma		207,339	12.98			63,879	4.00			79,848	5.00
International Bank of Commerce, Brownsville		189,575	14.55			52,101	4.00			65,127	5.00
International Bank of Commerce, Zapata		71,369	16.52			17,277	4.00			21,596	5.00
Commerce Bank		93,426	16.69			22,394	4.00			27,993	5.00

- Definition

The entire disclosure for regulatory capital requirement for depository and lending institutions. Institutions include, but not are not limited to, finance company, insured depository institution, bank holding company, savings and loan association holding company, bank and savings institution not federally insured, mortgage company, foreign financial institution and credit union.

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