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Bank segment
9 Months Ended
Sep. 30, 2014
Bank subsidiary  
Bank segment
Bank segment
Selected financial information
American Savings Bank, F.S.B.
Statements of Income Data
 
 
Three months  
 ended September 30
 
Nine months  
 ended September 30
(in thousands)
 
2014
 
2013
 
2014
 
2013
Interest and dividend income
 
 

 
 

 
 

 
 

Interest and fees on loans
 
$
45,532

 
$
43,337

 
$
133,065

 
$
129,564

Interest and dividends on investment and mortgage-related securities
 
2,773

 
3,025

 
8,758

 
9,723

Total interest and dividend income
 
48,305

 
46,362

 
141,823

 
139,287

Interest expense
 
 

 
 

 
 

 
 

Interest on deposit liabilities
 
1,312

 
1,262

 
3,774

 
3,870

Interest on other borrowings
 
1,438

 
1,206

 
4,263

 
3,548

Total interest expense
 
2,750

 
2,468

 
8,037

 
7,418

Net interest income
 
45,555

 
43,894

 
133,786

 
131,869

Provision for loan losses
 
1,550

 
54

 
3,566

 
953

Net interest income after provision for loan losses
 
44,005

 
43,840

 
130,220

 
130,916

Noninterest income
 
 

 
 

 
 

 
 

Fees from other financial services
 
5,642

 
5,728

 
15,987

 
21,367

Fee income on deposit liabilities
 
5,109

 
4,819

 
14,175

 
13,566

Fee income on other financial products
 
1,971

 
2,714

 
6,325

 
6,288

Mortgage banking income
 
875

 
1,547

 
1,749

 
6,896

Gain on sale of securities
 

 

 
2,847

 
1,226

Other income, net
 
1,634

 
3,888

 
4,865

 
7,211

Total noninterest income
 
15,231

 
18,696

 
45,948

 
56,554

Noninterest expense
 
 

 
 

 
 

 
 

Compensation and employee benefits
 
19,892

 
20,564

 
60,050

 
60,715

Occupancy
 
4,517

 
4,208

 
12,959

 
12,550

Data processing
 
2,684

 
2,168

 
8,715

 
7,982

Services
 
2,580

 
2,424

 
7,708

 
6,855

Equipment
 
1,672

 
1,825

 
4,926

 
5,469

Office supplies, printing and postage
 
1,415

 
907

 
4,487

 
2,806

Marketing
 
948

 
692

 
2,690

 
2,054

Communication
 
412

 
479

 
1,363

 
1,374

Other expense
 
5,544

 
6,461

 
15,026

 
18,400

Total noninterest expense
 
39,664

 
39,728

 
117,924

 
118,205

Income before income taxes
 
19,572

 
22,808

 
58,244

 
69,265

Income taxes
 
6,312

 
7,532

 
18,769

 
23,915

Net income
 
$
13,260

 
$
15,276

 
$
39,475

 
$
45,350

American Savings Bank, F.S.B.
Statements of Comprehensive Income Data
 
 
Three months  
 ended September 30
 
Nine months  
 ended September 30
(in thousands)
 
2014
 
2013
 
2014
 
2013
Net income
 
$
13,260

 
$
15,276

 
$
39,475

 
$
45,350

Other comprehensive income (loss), net of taxes:
 
 

 
 

 
 

 
 

Net unrealized gains (losses) on securities:
 
 

 
 

 
 

 
 

Net unrealized gains (losses) on securities arising during the period, net of (taxes) tax benefits of $1,094, $1,049, ($2,249) and $7,081 for the respective periods
 
(1,657
)
 
(1,589
)
 
3,406

 
(10,724
)
Less: reclassification adjustment for net realized gains included in net income, net of taxes of nil, nil, $1,132 and $488 for the respective periods
 

 

 
(1,715
)
 
(738
)
Retirement benefit plans:
 
 

 
 

 
 

 
 

Less: amortization of prior service credit and net losses recognized during the period in net periodic benefit cost, net of tax benefits of $138, $278, $424 and $2,010 for the respective periods
 
208

 
420

 
642

 
3,043

Other comprehensive income (loss), net of taxes
 
(1,449
)
 
(1,169
)
 
2,333

 
(8,419
)
Comprehensive income
 
$
11,811

 
$
14,107

 
$
41,808

 
$
36,931



American Savings Bank, F.S.B.
Balance Sheets Data
(in thousands)
 
September 30, 2014
 
December 31, 2013
Assets
 
 

 
 

 
 

 
 

Cash and due from banks
 
 

 
$
98,879

 
 

 
$
108,998

Interest-bearing deposits
 
 
 
74,654

 
 
 
47,605

Available-for-sale investment and mortgage-related securities
 
 

 
531,603

 
 

 
529,007

Investment in stock of Federal Home Loan Bank of Seattle
 
 

 
75,063

 
 

 
92,546

Loans receivable held for investment
 
 

 
4,335,421

 
 

 
4,150,229

Allowance for loan losses
 
 

 
(43,461
)
 
 

 
(40,116
)
Loans receivable held for investment, net
 
 

 
4,291,960

 
 

 
4,110,113

Loans held for sale, at lower of cost or fair value
 
 

 
2,328

 
 

 
5,302

Other
 
 

 
285,659

 
 

 
268,063

Goodwill
 
 

 
82,190

 
 

 
82,190

Total assets
 
 

 
$
5,442,336

 
 

 
$
5,243,824

 
 
 
 
 
 
 
 
 
Liabilities and shareholder’s equity
 
 

 
 

 
 

 
 

Deposit liabilities—noninterest-bearing
 
 

 
$
1,298,726

 
 

 
$
1,214,418

Deposit liabilities—interest-bearing
 
 

 
3,235,071

 
 

 
3,158,059

Other borrowings
 
 

 
263,204

 
 

 
244,514

Other
 
 

 
107,814

 
 

 
105,679

Total liabilities
 
 

 
4,904,815

 
 

 
4,722,670

Commitments and contingencies (see “Litigation” section)
 
 

 
 

 
 

 
 

Common stock
 
 

 
1

 
 

 
1

Additional paid in capital
 
 
 
337,862

 
 
 
336,053

Retained earnings
 
 

 
209,522

 
 

 
197,297

Accumulated other comprehensive loss, net of tax benefits
 
 

 
 

 
 

 
 

Net unrealized losses on securities
 
$
(1,972
)
 
 

 
$
(3,663
)
 
 

Retirement benefit plans
 
(7,892
)
 
(9,864
)
 
(8,534
)
 
(12,197
)
Total shareholder’s equity
 
 

 
537,521

 
 

 
521,154

Total liabilities and shareholder’s equity
 
 

 
$
5,442,336

 
 

 
$
5,243,824

 
 
 
 
 
 
 
 
 
Other assets
 
 

 
 

 
 

 
 

Bank-owned life insurance
 
 

 
$
133,066

 
 

 
$
129,963

Premises and equipment, net
 
 

 
70,105

 
 

 
67,766

Prepaid expenses
 
 

 
3,941

 
 

 
3,616

Accrued interest receivable
 
 

 
13,436

 
 

 
13,133

Mortgage-servicing rights
 
 

 
11,524

 
 

 
11,687

Low-income housing equity investments
 
 
 
22,825

 
 
 
14,543

Real estate acquired in settlement of loans, net
 
 

 
580

 
 

 
1,205

Other
 
 

 
30,182

 
 

 
26,150

 
 
 

 
$
285,659

 
 

 
$
268,063

Other liabilities
 
 

 
 

 
 

 
 

Accrued expenses
 
 

 
$
24,733

 
 

 
$
19,989

Federal and state income taxes payable
 
 

 
35,096

 
 

 
37,807

Cashier’s checks
 
 

 
23,754

 
 

 
21,110

Advance payments by borrowers
 
 

 
5,013

 
 

 
9,647

Other
 
 

 
19,218

 
 

 
17,126

 
 
 

 
$
107,814

 
 

 
$
105,679


 
Bank-owned life insurance is life insurance purchased by ASB on the lives of certain key employees, with ASB as the beneficiary. The insurance is used to fund employee benefits through tax-free income from increases in the cash value of the policies and insurance proceeds paid to ASB upon an insured’s death.
ASB invests, as a limited partner, in Low-Income Housing Tax Credit (LIHTC) investment partnerships formed for the purpose of providing funding for affordable multifamily rental properties. These properties are rented to qualified low-income tenants, pursuant to Section 42 of the Internal Revenue Code, allowing the properties to be eligible for federal and, for some properties, state tax credits. ASB realizes a return on its investment through reductions in income tax expense that result from tax credits and the deductibility of the operating losses of these partnerships. The partnership agreements are typically structured to meet a required 15-year period of occupancy by qualified low-income tenants. ASB’s maximum exposure to loss is equal to its legally binding equity commitments adjusted for recorded impairment, partnership results, and/or proportional amortization for qualifying low income housing tax credit investments, where applicable.
Other borrowings consisted of securities sold under agreements to repurchase and advances from the Federal Home Loan Bank (FHLB) of Seattle of $153 million and $110 million, respectively, as of September 30, 2014 and $145 million and $100 million, respectively, as of December 31, 2013.
Investment and mortgage-related securities portfolio.
Available-for-sale securities.  The book value (amortized cost), gross unrealized gains and losses, estimated fair value and gross unrealized losses (fair value and amount by duration of time in which positions have been held in a continuous loss position) for securities held in ASB’s “available-for-sale” portfolio by major security type were as follows:
 
 
Amortized cost
 
Gross unrealized gains
 
Gross unrealized losses
 
Estimated fair
value
 
Gross unrealized losses
 
 
 
 
 
 
Less than 12 months
 
12 months or longer
(in thousands)
 
 
 
 
 
Fair value
 
Amount
 
Fair value
 
Amount
September 30, 2014
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

U.S. Treasury and federal agency obligations
 
$
107,072

 
$
631

 
$
(1,407
)
 
$
106,296

 
$
29,628

 
$
(137
)
 
$
29,168

 
$
(1,270
)
Mortgage-related securities- FNMA, FHLMC and GNMA
 
427,804

 
5,327

 
(7,824
)
 
425,307

 
89,402

 
(910
)
 
148,544

 
(6,914
)
Municipal bonds
 

 

 

 

 

 

 

 

 
 
$
534,876

 
$
5,958

 
$
(9,231
)
 
$
531,603

 
$
119,030

 
$
(1,047
)
 
$
177,712

 
$
(8,184
)
December 31, 2013
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Federal agency obligations
 
$
83,193

 
$
174

 
$
(2,394
)
 
$
80,973

 
$
70,799

 
$
(2,394
)
 
$

 
$

Mortgage-related securities- FNMA, FHLMC and GNMA
 
374,993

 
4,911

 
(10,460
)
 
369,444

 
228,543

 
(8,819
)
 
19,655

 
(1,641
)
Municipal bonds
 
76,904

 
1,826

 
(140
)
 
78,590

 
14,478

 
(140
)
 

 

 
 
$
535,090

 
$
6,911

 
$
(12,994
)
 
$
529,007

 
$
313,820

 
$
(11,353
)
 
$
19,655

 
$
(1,641
)

The unrealized losses on ASB’s investments in mortgage-related securities and obligations issued by federal agencies were caused by interest rate movements. Because ASB does not intend to sell the securities and has determined it is more likely than not that it will not be required to sell the investments before recovery of their amortized cost basis, which may be at maturity, ASB did not consider these investments to be other-than-temporarily impaired at September 30, 2014.
The fair values of ASB’s investment securities could decline if interest rates rise or spreads widen.
The following table details the contractual maturities of available-for-sale securities. All positions with variable maturities (e.g. callable debentures and mortgage-related securities) are disclosed based upon the bond’s contractual maturity. Actual maturities will likely differ from these contractual maturities because borrowers have the right to prepay obligations with or without prepayment penalties.
September 30, 2014
 
Amortized cost
 
Fair value
(in thousands)
 
 
 
 
Due in one year or less
 
$

 
$

Due after one year through five years
 
44,498

 
44,419

Due after five years through ten years
 
37,332

 
37,641

Due after ten years
 
25,242

 
24,236

 
 
107,072

 
106,296

Mortgage-related securities-FNMA,FHLMC and GNMA
 
427,804

 
425,307

Total available-for-sale securities
 
$
534,876

 
$
531,603


Allowance for loan losses.  ASB maintains an allowance for loan losses that it believes is adequate to absorb losses inherent in its loan portfolio. The level of allowance for loan losses is based on a continuing assessment of existing risks in the loan portfolio, historical loss experience, changes in collateral values and current conditions (e.g., economic conditions, real estate market conditions and interest rate environment). The allowance for loan losses is allocated to loan types using both a formula-based approach applied to groups of loans and an analysis of certain individual loans for impairment. The formula-based approach emphasizes loss factors primarily derived from actual historical default and loss rates, which are combined with an assessment of certain qualitative factors to determine the allowance amounts allocated to the various loan categories. Adverse changes in any of these factors could result in higher charge-offs and provision for loan losses.
ASB disaggregates its portfolio loans into portfolio segments for purposes of determining the allowance for loan losses. Commercial and commercial real estate loans are defined as non-homogeneous loans and ASB utilizes a risk rating system for evaluating the credit quality of the loans. Loans are rated based on the degree of risk at origination and periodically thereafter, as appropriate. Values are applied separately to the probability of default (borrower risk) and loss given default (transaction risk). ASB’s credit review department performs an evaluation of these loan portfolios to ensure compliance with the internal risk rating system and timeliness of rating changes. Non-homogeneous loans are categorized into the regulatory asset quality classificationsPass, Special Mention, Substandard, Doubtful, and Loss based on credit quality. For loans classified as substandard, an analysis is done to determine if the loan is impaired. A loan is deemed impaired when it is probable that ASB will be unable to collect all amounts due according to the contractual terms of the loan agreement. Once a loan is deemed impaired, ASB applies a valuation methodology to determine whether there is an impairment shortfall. The measurement of impairment may be based on (i) the present value of the expected future cash flows of the impaired loan discounted at the loan’s original effective interest rate, (ii) the observable market price of the impaired loan, or (iii) the fair value of the collateral, net of costs to sell. For all loans collateralized by real estate whose repayment is dependent on the sale of the underlying collateral property, ASB measures impairment by utilizing the fair value of the collateral, net of costs to sell; for other loans that are not considered collateral dependent, generally the discounted cash flow method is used to measure impairment. For loans collateralized by real estate that are classified as troubled debt restructured loans, the present value of the expected future cash flows of the loans may also be used to measure impairment as these loans are expected to perform according to their restructured terms. Impairment shortfalls are charged to the provision for loan losses and included in the allowance for loan losses. However, impairment shortfalls that are deemed to be confirmed losses (uncollectible) are charged off, with the loan written down by the amount of the confirmed loss.
Residential, consumer and credit scored business loans are considered homogeneous loans, which are typically underwritten based on common, uniform standards, and are generally classified as to the level of loss exposure based on delinquency status. The homogeneous loan portfolios are stratified into individual products with common risk characteristics and segmented into various secured and unsecured loan product types. For the homogeneous portfolio, the quality of the loan is best indicated by the repayment performance of an individual borrower. ASB does supplement performance data with an 11-risk rating retail credit model that assigns a probability of default to each borrower based primarily on the borrower's current Fair Isaac Corporation (FICO) score and for the home equity line of credit (HELOC) and unsecured consumer products, the bankruptcy score (BK).  Current FICO and BK data is purchased and appended to all homogeneous loans on a quarterly basis and used to estimate the borrower’s probability of default and the loss given default.
ASB also considers the following qualitative factors for all loans in estimating the allowance for loan losses:
changes in lending policies and procedures;
changes in economic and business conditions and developments that affect the collectability of the portfolio;
changes in the nature, volume and terms of the loan portfolio;
changes in lending management and other relevant staff;
changes in loan quality (past due, non-accrual, classified loans);
changes in the quality of the loan review system;
changes in the value of underlying collateral;
effect of, and changes in the level of, any concentrations of credit; and
effect of other external and internal factors.
ASB’s methodology for determining the allowance for loan losses was generally based on historic loss rates using various look-back periods. During the second quarter of 2014, ASB implemented enhancements to the loss rate calculation for estimating the allowance for loan losses that included several refinements to determining the probability of default and the loss given default for the various segments of the loan portfolio that are more statistically sound than those previously employed. The result is an estimated loss rate established for each borrower. ASB also updated its measurement of the loss emergence period in the calculation of the allowance for loan losses. The loss emergence period is broadly defined as the period that it takes, on average, for the lender to identify the specific borrower and amount of loss incurred by the bank for a loan that has suffered from a loss-causing event. In most cases, the loss emergence period was within a twelve month period; however, as credit quality and conditions improve, management has observed that the loss emergence period has extended and has incorporated this observed change in the estimate of the allowance for loan losses. Management believes these enhancements will improve the precision in estimating the allowance for loan losses. The enhancement did not have a material effect on the total allowance for loan losses or the provision for loan losses for the second quarter 2014. The enhancement did result in the full allocation of the previously unallocated portion of the allowance for loan losses.
In conjunction with the above enhancement, management also adopted an enhanced risk rating system for monitoring and managing credit risk in the non-homogenous loan portfolios, that measures general creditworthiness at the borrower level. The numerical-based, risk rating “PD Model” takes into consideration fiscal year-end financial information of the borrower and identified financial attributes including retained earnings, operating cash flows, interest coverage, liquidity and leverage that demonstrate a strong correlation with default to assign default probabilities at the borrower level. In addition, a loss given default (LGD) value is assigned to each loan to measure loss in the event of default based on loan specific features such as collateral that mitigates the amount of loss in the event of default. Together the PD Model and LGD construct provide a more quantitative, data driven and consistent framework for measuring risk within the portfolio, on a loan by loan basis and for the ultimate collectability of each loan. Management believes its allowance for loan losses adequately estimates actual loan losses that will ultimately be incurred. However, such estimates are based on currently available information and historical experience, and future adjustments may be required from time to time to the allowance for loan losses based on new information and changes that occur (e.g., due to changes in economic conditions, particularly in Hawaii). Actual losses could differ from management’s estimates, and these differences and subsequent adjustments could be material.
The allowance for loan losses (balances and changes) and financing receivables were as follows:
(in thousands)
 
Residential
1-4 family
 
Commercial real
estate
 
Home
equity line of credit
 
Residential land
 
Commercial construction
 
Residential construction
 
Commercial loans
 
Consumer loans
 
Unallocated
 
Total
Three months ended 
 September 30, 2014
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

Allowance for loan losses:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

Beginning balance
 
$
5,667

 
$
7,230

 
$
7,081

 
$
1,837

 
$
3,390

 
$
26

 
$
15,144

 
$
1,997

 
$

 
$
42,372

Charge-offs
 
(632
)
 

 
(46
)
 
(28
)
 

 

 
(886
)
 
(592
)
 

 
(2,184
)
Recoveries
 
160

 

 
299

 
90

 

 

 
952

 
222

 

 
1,723

Provision
 
670

 
3

 
(119
)
 
(92
)
 
1,724

 
3

 
(1,130
)
 
491

 

 
1,550

Ending balance
 
$
5,865

 
$
7,233

 
$
7,215

 
$
1,807

 
$
5,114

 
$
29

 
$
14,080

 
$
2,118

 
$

 
$
43,461

Three months ended 
 September 30, 2013
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

Allowance for loan losses:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

Beginning balance
 
$
6,357

 
$
4,117

 
$
5,009

 
$
2,187

 
$
2,305

 
$
14

 
$
16,307

 
$
2,399

 
$
2,309

 
$
41,004

Charge-offs
 
(106
)
 

 
(44
)
 
(3
)
 

 

 
(305
)
 
(407
)
 

 
(865
)
Recoveries
 
157

 

 
78

 
282

 

 

 
166

 
176

 

 
859

Provision
 
(604
)
 
204

 
12

 
(361
)
 
44

 
2

 
(361
)
 
42

 
1,076

 
54

Ending balance
 
$
5,804

 
$
4,321

 
$
5,055

 
$
2,105

 
$
2,349

 
$
16

 
$
15,807

 
$
2,210

 
$
3,385

 
$
41,052

Nine months ended 
 September 30, 2014
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

Allowance for loan losses:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

Beginning balance
 
$
5,534

 
$
5,059

 
$
5,229

 
$
1,817

 
$
2,397

 
$
19

 
$
15,803

 
$
2,367

 
$
1,891

 
$
40,116

Charge-offs
 
(992
)
 

 
(182
)
 
(81
)
 

 

 
(1,256
)
 
(1,614
)
 

 
(4,125
)
Recoveries
 
1,056

 

 
624

 
253

 

 

 
1,277

 
694

 

 
3,904

Provision
 
267

 
2,174

 
1,544

 
(182
)
 
2,717

 
10

 
(1,744
)
 
671

 
(1,891
)
 
3,566

Ending balance
 
$
5,865

 
$
7,233

 
$
7,215

 
$
1,807

 
$
5,114

 
$
29

 
$
14,080

 
$
2,118

 
$

 
$
43,461

Ending balance: individually evaluated for impairment
 
$
917

 
$
4

 
$
8

 
$
1,171

 
$

 
$

 
$
810

 
$
5

 
$

 
$
2,915

Ending balance: collectively evaluated for impairment
 
$
4,948

 
$
7,229

 
$
7,207

 
$
636

 
$
5,114

 
$
29

 
$
13,270

 
$
2,113

 
$

 
$
40,546

Financing Receivables:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

Ending balance
 
$
2,030,337

 
$
502,356

 
$
808,991

 
$
16,935

 
$
87,461

 
$
18,699

 
$
770,079

 
$
107,531

 
$

 
$
4,342,389

Ending balance: individually evaluated for impairment
 
$
20,015

 
$
754

 
$
392

 
$
8,872

 
$

 
$

 
$
15,058

 
$
16

 
$

 
$
45,107

Ending balance: collectively evaluated for impairment
 
$
2,010,322

 
$
501,602

 
$
808,599

 
$
8,063

 
$
87,461

 
$
18,699

 
$
755,021

 
$
107,515

 
$

 
$
4,297,282

Nine months ended 
 September 30, 2013
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

Allowance for loan losses:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

Beginning balance
 
$
6,068

 
$
2,965

 
$
4,493

 
$
4,275

 
$
2,023

 
$
9

 
$
15,931

 
$
4,019

 
$
2,202

 
$
41,985

Charge-offs
 
(1,162
)
 

 
(782
)
 
(238
)
 

 

 
(1,655
)
 
(1,811
)
 

 
(5,648
)
Recoveries
 
1,382

 

 
334

 
782

 

 

 
778

 
486

 

 
3,762

Provision
 
(484
)
 
1,356

 
1,010

 
(2,714
)
 
326

 
7

 
753

 
(484
)
 
1,183

 
953

Ending balance
 
$
5,804

 
$
4,321

 
$
5,055

 
$
2,105

 
$
2,349

 
$
16

 
$
15,807

 
$
2,210

 
$
3,385

 
$
41,052

Ending balance: individually evaluated for impairment
 
$
944

 
$
888

 
$

 
$
1,585

 
$

 
$

 
$
2,679

 
$

 
$

 
$
6,096

Ending balance: collectively evaluated for impairment
 
$
4,860

 
$
3,433

 
$
5,055

 
$
520

 
$
2,349

 
$
16

 
$
13,128

 
$
2,210

 
$
3,385

 
$
34,956

Financing Receivables:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
 

 
0

Ending balance
 
$
2,015,082

 
$
405,037

 
$
703,210

 
$
18,400

 
$
51,067

 
$
10,460

 
$
749,733

 
$
102,400

 
$

 
$
4,055,389

Ending balance: individually evaluated for impairment
 
$
22,123

 
$
4,484

 
$
960

 
$
12,747

 
$

 
$

 
$
22,777

 
$
19

 
$

 
$
63,110

Ending balance: collectively evaluated for impairment
 
$
1,992,959

 
$
400,553

 
$
702,250

 
$
5,653

 
$
51,067

 
$
10,460

 
$
726,956

 
$
102,381

 
$

 
$
3,992,279



Credit quality.  ASB performs an internal loan review and grading on an ongoing basis. The review provides management with periodic information as to the quality of the loan portfolio and effectiveness of its lending policies and procedures. The objectives of the loan review and grading procedures are to identify, in a timely manner, existing or emerging credit trends so that appropriate steps can be initiated to manage risk and avoid or minimize future losses. Loans subject to grading include commercial and industrial, commercial real estate and commercial construction loans.
Each loan is assigned an Asset Quality Rating (AQR) reflecting the likelihood of repayment or orderly liquidation of that loan transaction pursuant to regulatory credit classifications:  Pass, Special Mention, Substandard, Doubtful, and Loss. The AQR is a function of the PD Model rating, the LGD, and possible non-model factors which impact the ultimate collectability of the loan such as character of the business owner/guarantor, interim period performance, litigation, tax liens, and major changes in business and economic conditions. Pass exposures generally are well protected by the current net worth and paying capacity of the obligor or by the value of the asset or underlying collateral. Special Mention loans have potential weaknesses that, if left uncorrected, could jeopardize the liquidation of the debt.  Substandard loans have well-defined weaknesses that jeopardize the liquidation of the debt and are characterized by the distinct possibility that the Bank may sustain some loss. An asset classified Doubtful has the weaknesses of those classified Substandard, with the added characteristic that the weaknesses make collection or liquidation in full, on the basis of currently existing facts, conditions, and values, highly questionable and improbable. An asset classified Loss is considered uncollectible.
The credit risk profile by internally assigned grade for loans was as follows:
 
 
September 30, 2014
 
December 31, 2013
(in thousands)
 
Commercial
real estate
 
Commercial
construction
 
Commercial
 
Commercial
real estate
 
Commercial
construction
 
Commercial
Grade:
 
 

 
 

 
 

 
 

 
 

 
 

Pass
 
$
444,723

 
$
70,335

 
$
715,284

 
$
375,217

 
$
52,112

 
$
703,053

Special mention
 
18,199

 

 
8,500

 
33,436

 

 
17,634

Substandard
 
39,434

 
17,126

 
45,101

 
28,020

 

 
59,663

Doubtful
 

 

 
1,194

 
3,770

 

 
3,038

Loss
 

 

 

 

 

 

Total
 
$
502,356

 
$
87,461

 
$
770,079

 
$
440,443

 
$
52,112

 
$
783,388



The credit risk profile based on payment activity for loans was as follows:
(in thousands)
 
30-59
days
past due
 
60-89
days
past due
 
Greater
than
90 days
 
Total
past due
 
Current
 
Total
financing
receivables
 
Recorded
investment>
90 days and
accruing
September 30, 2014
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Real estate loans:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Residential 1-4 family
 
$
6,449

 
$
909

 
$
14,427

 
$
21,785

 
$
2,008,552

 
$
2,030,337

 
$

Commercial real estate
 

 

 

 

 
502,356

 
502,356

 

Home equity line of credit
 
578

 
166

 
143

 
887

 
808,104

 
808,991

 

Residential land
 
260

 

 
525

 
785

 
16,150

 
16,935

 
525

Commercial construction
 

 

 

 

 
87,461

 
87,461

 

Residential construction
 

 

 

 

 
18,699

 
18,699

 

Commercial loans
 
239

 
34

 
954

 
1,227

 
768,852

 
770,079

 

Consumer loans
 
781

 
377

 
293

 
1,451

 
106,080

 
107,531

 

Total loans
 
$
8,307

 
$
1,486

 
$
16,342

 
$
26,135

 
$
4,316,254

 
$
4,342,389

 
$
525

December 31, 2013
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Real estate loans:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Residential 1-4 family
 
$
2,728

 
$
622

 
$
15,411

 
$
18,761

 
$
1,987,246

 
$
2,006,007

 
$

Commercial real estate
 

 

 
3,770

 
3,770

 
436,673

 
440,443

 

Home equity line of credit
 
765

 
312

 
960

 
2,037

 
737,294

 
739,331

 

Residential land
 
184

 
48

 
2,756

 
2,988

 
13,188

 
16,176

 

Commercial construction
 

 

 

 

 
52,112

 
52,112

 

Residential construction
 

 

 

 

 
12,774

 
12,774

 

Commercial loans
 
1,668

 
612

 
3,026

 
5,306

 
778,082

 
783,388

 

Consumer loans
 
436

 
158

 
304

 
898

 
107,824

 
108,722

 

Total loans
 
$
5,781

 
$
1,752

 
$
26,227

 
$
33,760

 
$
4,125,193

 
$
4,158,953

 
$



The credit risk profile based on nonaccrual loans and accruing loans 90 days or more past due was as follows:
 
 
September 30, 2014
 
December 31, 2013
(in thousands)
 
Nonaccrual
loans
 
Accruing loans
90 days or
more past due
 
Nonaccrual
loans
 
Accruing loans
90 days or
more past due
Real estate loans:
 
 

 
 

 
 

 
 

Residential 1-4 family
 
$
20,499

 
$

 
$
19,679

 
$

Commercial real estate
 
596

 

 
4,439

 

Home equity line of credit
 
1,105

 

 
2,060

 

Residential land
 
2,798

 
525

 
3,161

 

Commercial construction
 

 

 

 

Residential construction
 

 

 

 

Commercial loans
 
11,414

 

 
18,781

 

Consumer loans
 
502

 

 
401

 

Total
 
$
36,914

 
$
525

 
$
48,521

 
$



The total carrying amount and the total unpaid principal balance of impaired loans, with and without recorded allowance for loan losses and combined, were as follows:
 
 
September 30, 2014
 
Three months ended 
 September 30, 2014
 
Nine months ended 
 September 30, 2014
(in thousands)
 
Recorded
investment
 
Unpaid
principal
balance
 
Related
Allowance
 
Average
recorded
investment
 
Interest
income
recognized*
 
Average
recorded
investment
 
Interest
income
recognized*
With no related allowance recorded
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Real estate loans:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Residential 1-4 family
 
$
8,718

 
$
10,398

 
$

 
$
8,519

 
$
30

 
$
9,077

 
$
189

Commercial real estate
 
596

 
642

 

 
199

 

 
66

 

Home equity line of credit
 
208

 
332

 

 
274

 

 
450

 
4

Residential land
 
2,500

 
3,356

 

 
2,610

 
40

 
2,823

 
138

Commercial construction
 

 

 

 

 

 

 

Residential construction
 

 

 

 

 

 

 

Commercial loans
 
8,858

 
14,147

 

 
6,152

 
6

 
4,145

 
22

Consumer loans
 

 

 

 

 

 
10

 

 
 
20,880

 
28,875

 

 
17,754

 
76

 
16,571

 
353

With an allowance recorded
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Real estate loans:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Residential 1-4 family
 
11,297

 
11,338

 
917

 
10,232

 
112

 
8,019

 
303

Commercial real estate
 
158

 
158

 
4

 
3,045

 
455

 
4,049

 
458

Home equity line of credit
 
184

 
212

 
8

 
198

 
1

 
89

 
2

Residential land
 
6,372

 
6,450

 
1,171

 
6,379

 
81

 
6,685

 
301

Commercial construction
 

 

 

 

 

 

 

Residential construction
 

 

 

 

 

 

 

Commercial loans
 
6,200

 
6,637

 
810

 
10,549

 
207

 
14,249

 
301

Consumer loans
 
16

 
16

 
5

 
17

 

 
8

 

 
 
24,227

 
24,811

 
2,915

 
30,420

 
856

 
33,099

 
1,365

Total
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Real estate loans:
 
 

 
 

 
 

 
 

 
 

 
 

 
 

Residential 1-4 family
 
20,015

 
21,736

 
917

 
18,751

 
142

 
17,096

 
492

Commercial real estate
 
754

 
800

 
4

 
3,244

 
455

 
4,115

 
458

Home equity line of credit
 
392

 
544

 
8

 
472

 
1

 
539

 
6

Residential land
 
8,872

 
9,806

 
1,171

 
8,989

 
121

 
9,508

 
439

Commercial construction
 

 

 

 

 

 

 

Residential construction
 

 

 

 

 

 

 

Commercial loans
 
15,058

 
20,784

 
810

 
16,701

 
213

 
18,394

 
323

Consumer loans
 
16

 
16

 
5

 
17

 

 
18

 

 
 
$
45,107

 
$
53,686

 
$
2,915

 
$
48,174

 
$
932

 
$
49,670

 
$
1,718


 
 
December 31, 2013
 
Year ended December 31, 2013
(in thousands)
 
Recorded
investment
 
Unpaid
principal
balance
 
Related
allowance
 
Average
recorded
investment
 
Interest
income
recognized*
With no related allowance recorded
 
 

 
 

 
 

 
 

 
 

Real estate loans:
 
 

 
 

 
 

 
 

 
 

Residential 1-4 family
 
$
9,708

 
$
12,144

 
$

 
$
11,674

 
$
386

Commercial real estate
 

 

 

 
802

 

Home equity line of credit
 
672

 
1,227

 

 
623

 
2

Residential land
 
2,622

 
3,612

 

 
6,675

 
482

Commercial construction
 

 

 

 

 

Residential construction
 

 

 

 

 

Commercial loans
 
3,466

 
4,715

 

 
4,837

 
12

Consumer loans
 
19

 
19

 

 
20

 

 
 
16,487

 
21,717

 

 
24,631

 
882

With an allowance recorded
 
 

 
 

 
 

 
 

 
 

Real estate loans:
 
 

 
 

 
 

 
 

 
 

Residential 1-4 family
 
6,216

 
6,236

 
642

 
6,455

 
372

Commercial real estate
 
4,604

 
4,686

 
1,118

 
5,745

 
152

Home equity line of credit
 

 

 

 

 

Residential land
 
7,452

 
7,623

 
1,332

 
6,844

 
409

Commercial construction
 

 

 

 

 

Residential construction
 

 

 

 

 

Commercial loans
 
17,759

 
20,640

 
2,246

 
15,635

 
139

Consumer loans
 

 

 

 

 

 
 
36,031

 
39,185

 
5,338

 
34,679

 
1,072

Total
 
 

 
 

 
 

 
 

 
 

Real estate loans:
 
 

 
 

 
 

 
 

 
 

Residential 1-4 family
 
15,924

 
18,380

 
642

 
18,129

 
758

Commercial real estate
 
4,604

 
4,686

 
1,118

 
6,547

 
152

Home equity line of credit
 
672

 
1,227

 

 
623

 
2

Residential land
 
10,074

 
11,235

 
1,332

 
13,519

 
891

Commercial construction
 

 

 

 

 

Residential construction
 

 

 

 

 

Commercial loans
 
21,225

 
25,355

 
2,246

 
20,472

 
151

Consumer loans
 
19

 
19

 

 
20

 

 
 
$
52,518

 
$
60,902

 
$
5,338

 
$
59,310

 
$
1,954

 
*
Since loan was classified as impaired.
 
Troubled debt restructurings.  A loan modification is deemed to be a troubled debt restructuring (TDR) when ASB grants a concession it would not otherwise consider were it not for the borrower’s financial difficulty. When a borrower experiencing financial difficulty fails to make a required payment on a loan or is in imminent default, ASB takes a number of steps to improve the collectability of the loan and maximize the likelihood of full repayment. At times, ASB may modify or restructure a loan to help a distressed borrower improve its financial position to eventually be able to fully repay the loan, provided the borrower has demonstrated both the willingness and the ability to fulfill the modified terms. TDR loans are considered an alternative to foreclosure or liquidation with the goal of minimizing losses to ASB and maximizing recovery.
ASB may consider various types of concessions in granting a TDR including maturity date extensions, extended amortization of principal, temporary deferral of principal payments, and temporary interest rate reductions. ASB rarely grants principal forgiveness in its TDR modifications. Residential loan modifications generally involve interest rate reduction, extending the amortization period, or capitalizing certain delinquent amounts owed not to exceed the original loan balance. Land loans at origination are typically structured as a three-year term, interest-only monthly payment with a balloon payment due at maturity. Land loan TDR modifications typically involve extending the maturity date up to five years and converting the payments from interest-only to principal and interest monthly, at the same or higher interest rate. Commercial loan modifications generally involve extensions of maturity dates, extending the amortization period, and temporary deferral of principal payments. ASB generally does not reduce the interest rate on commercial loan TDR modifications. Occasionally, additional collateral and/or guaranties are obtained.
All TDR loans are classified as impaired and are segregated and reviewed separately when assessing the adequacy of the allowance for loan losses based on the appropriate method of measuring impairment:  (1) present value of expected future cash flows discounted at the loan’s effective original contractual rate, (2) fair value of collateral less costs to sell, or (3) observable market price. The financial impact of the calculated impairment amount is an increase to the allowance associated with the modified loan. When available information confirms that specific loans or portions thereof are uncollectible (confirmed losses), these amounts are charged off against the allowance for loan losses.
Loan modifications that occurred were as follows for the indicated periods: 
 
 
Three months ended September 30, 2014
 
Nine months ended September 30, 2014
 
 
Number of
 
Outstanding recorded investment
 
Number of
 
Outstanding recorded investment
(dollars in thousands)
 
contracts
 
Pre-modification
 
Post-modification
 
contracts
 
Pre-modification
 
Post-modification
Troubled debt restructurings
 
 
 
 

 
 

 
 
 
 

 
 

Real estate loans:
 
 
 
 

 
 

 
 
 
 

 
 

Residential 1-4 family
 
6
 
$
1,800

 
$
1,825

 
18
 
$
4,915

 
$
4,972

Commercial real estate
 
 

 

 
 

 

Home equity line of credit
 
1
 
91

 
91

 
1
 
91

 
91

Residential land
 
2
 
256

 
256

 
18
 
4,304

 
4,304

Commercial loans
 
2
 
2,600

 
2,600

 
7
 
3,827

 
3,827

Consumer loans
 
 

 

 
 

 

 
 
11
 
$
4,747

 
$
4,772

 
44
 
$
13,137

 
$
13,194


 
 
Three months ended September 30, 2013
 
Nine months ended September 30, 2013
 
 
Number of
 
Outstanding recorded investment
 
Number of
 
Outstanding recorded investment
(dollars in thousands)
 
contracts
 
Pre-modification
 
Post-modification
 
contracts
 
Pre-modification
 
Post-modification
Troubled debt restructurings
 
 
 
 

 
 

 
 
 
 

 
 

Real estate loans:
 
 
 
 

 
 

 
 
 
 

 
 

Residential 1-4 family
 
14
 
$
2,864

 
$
2,874

 
32
 
$
8,631

 
$
8,712

Commercial real estate
 
 

 

 
 

 

Home equity line of credit
 
 

 

 
4
 
462

 
215

Residential land
 
9
 
2,943

 
2,943

 
16
 
4,983

 
4,974

Commercial loans
 
3
 
2,076

 
2,076

 
6
 
2,790

 
2,790

Consumer loans
 
 

 

 
 

 

 
 
26
 
$
7,883

 
$
7,893

 
58
 
$
16,866

 
$
16,691


Loans modified in TDRs that experienced a payment default of 90 days or more for the indicated periods, and for which the payment default occurred within one year of the modification, were as follows: 
 
 
Three months ended September 30, 2014
 
Nine months ended September 30, 2014
(dollars in thousands)
 
Number of contracts
 
Recorded investment
 
Number of contracts
 
Recorded investment
Troubled debt restructurings that
 subsequently defaulted
 
 
 
 
 
 
 
 
Real estate loans:
 
 
 
 

 
 
 
 

Residential 1-4 family
 
 
$

 
1
 
$
390

Commercial real estate
 
 

 
 

Home equity line of credit
 
 

 
 

Residential land
 
 

 
 

Commercial loans
 
 

 
 

Consumer loans
 
 

 
 

 
 
 
$

 
1
 
$
390



 
 
Three months ended September 30, 2013
 
Nine months ended September 30, 2013
(dollars in thousands)
 
Number of contracts
 
Recorded investment
 
Number of contracts
 
Recorded investment
Troubled debt restructurings that
 subsequently defaulted
 
 
 
 
 
 
 
 
Real estate loans:
 
 
 
 

 
 
 
 

Residential 1-4 family
 
 
$

 
 
$

Commercial real estate
 
 

 
 

Home equity line of credit
 
1
 
67

 
1
 
67

Residential land
 
 

 
 

Commercial loans
 
3
 
669

 
3
 
669

Consumer loans
 
 

 
 

 
 
4
 
$
736

 
4
 
$
736


If loans modified in a TDR subsequently default, ASB evaluates the loan for further impairment. Based on its evaluation, adjustments may be made in the allocation of the allowance or partial charge-offs may be taken to further write-down the carrying value of the loan. There were no commitments to lend additional funds to borrowers whose loans have been designated impaired or whose terms have been modified in TDRs as of September 30, 2014.

Other borrowings.  Securities sold under agreements to repurchase are accounted for as financing transactions and the obligations to repurchase these securities are recorded as liabilities in the balance sheet. All such agreements are subject to master netting arrangements, which provide for conditional right of set-off in case of default by either party; however, ASB presents securities sold under agreements to repurchase on a gross basis in the balance sheet. The following tables present information about the securities sold under agreements to repurchase, including the related collateral received from or pledged to counterparties:
(in millions)
 
Gross amount of
recognized liabilities
 
Gross amount offset in
the Balance Sheet
 
Net amount of liabilities presented
in the Balance Sheet
Repurchase agreements
 
 
 
 
 
 
September 30, 2014
 
$153
 
$—
 
$153
December 31, 2013
 
145
 
 
145
 
 
Gross amount not offset in the Balance Sheet
(in millions)
 
Net amount of 
liabilities presented
in the Balance Sheet
 
Financial
instruments
 
Cash
collateral
pledged
 
Net amount
September 30, 2014
 
 

 
 

 
 

 
 

Financial institution
 
$
50

 
$
50

 
$

 
$

Government entities
 
15

 
15

 

 

Commercial account holders
 
88

 
88

 

 

Total
 
$
153

 
$
153

 
$

 
$

 
 
 
 
 
 
 
 
 
December 31, 2013
 
 

 
 

 
 

 
 

Financial institution
 
$
51

 
$
51

 
$

 
$

Commercial account holders
 
94

 
94

 

 

Total
 
$
145

 
$
145

 
$

 
$


Amortized intangible assets. The table below presents the gross carrying amount, accumulated amortization, valuation allowance and net carrying amount of ASB’s mortgage servicing assets as of September 30, 2014 and 2013:
September 30
 
2014
 
2013
(in thousands)
 
Gross
carrying amount
 
Accumulated amortization
 
Valuation allowance
 
Net
carrying amount
 
Gross
carrying amount
 
Accumulated amortization
 
Valuation allowance
 
Net
carrying amount
Mortgage servicing assets
 
$
26,685

 
(15,003
)
 
(158
)
 
$
11,524

 
$
25,198

 
(13,265
)
 
(127
)
 
$
11,806

Changes in the valuation allowance for mortgage servicing assets were as follows:
(in thousands)
 
2014

 
2013

Valuation allowance, January 1
 
$
251

 
$
498

Provision (recovery)
 
(36
)
 
(215
)
Other-than-temporary impairment
 
(57
)
 
(156
)
Valuation allowance, September 30
 
$
158

 
$
127


ASB recognizes a mortgage servicing asset when a mortgage loan is sold with servicing rights retained. This mortgage servicing right (MSR) is initially capitalized at its presumed fair value based on market data at the time of sale and accounted for in subsequent periods at the lower of amortized cost or fair value. The MSR is amortized in proportion to and over the period of estimated net servicing income and assessed for impairment at each reporting date.
ASB stratifies the MSR based on predominant risk characteristics of the underlying loans including loan type and note rate. For each stratum, fair value is calculated by discounting expected net income streams using discount rates that reflect industry pricing for similar assets. Expected net income streams are estimated based on industry assumptions regarding prepayment expectations and income and expenses associated with servicing residential mortgage loans for others.

Impairment is recognized through a valuation allowance for each stratum when the carrying amount exceeds fair value, with any associated provision recorded as a component of loan servicing fees included in ASB’s noninterest income. A direct write-down is recorded when the recoverability of the valuation allowance is deemed to be unrecoverable.
Key assumptions used in estimating the fair value of the bank’s mortgage servicing rights were as follows:
(dollars in thousands)
 
September 30, 2014

 
September 30, 2013

Unpaid principal balance
 
$
1,380,299

 
$
1,329,815

Weighted average note rate
 
4.08
%
 
4.06
%
Weighted average discount rate
 
9.6
%
 
10.1
%
Weighted average prepayment speed
 
8.1
%
 
6.6
%

Derivative financial instruments. ASB enters into interest rate lock commitments with borrowers, and forward commitments to sell loans or to-be-announced mortgage-backed securities to investors to hedge against the inherent interest rate and pricing risk associated with selling loans.
ASB enters into interest rate lock commitments (IRLCs) for residential mortgage loans, which commit ASB to lend funds to a potential borrower at a specific interest rate and within a specified period of time. IRLCs that relate to the origination of mortgage loans that will be held for sale are considered derivative financial instruments under applicable accounting guidance. Outstanding IRLCs expose ASB to the risk that the price of the mortgage loans underlying the commitments may decline due to increases in mortgage interest rates from inception of the rate lock to the funding of the loan. The IRLCs are free-standing derivatives which are carried at fair value with changes recorded in mortgage banking income.
ASB enters into forward commitments to hedge the interest rate risk for rate locked mortgage applications in process and closed mortgage loans held for sale. These commitments are primarily forward sales of to-be-announced mortgage backed securities. Generally, when mortgage loans are closed, the forward commitment is liquidated and replaced with a mandatory delivery forward sale of the mortgage to a secondary market investor. In some cases, a best-efforts forward sale agreement is utilized as the forward commitment. These commitments are free-standing derivatives which are carried at fair value with changes recorded in mortgage banking income.
Changes in the fair value of IRLCs and forward commitments subsequent to inception are based on changes in the fair value of the underlying loan resulting from the fulfillment of the commitment and changes in the probability that the loan will fund within the terms of the commitment, which is affected primarily by changes in interest rates and the passage of time.
The notional amount and fair value of ASB’s derivative financial instruments as of September 30, 2014 and December 31, 2013 were as follows:
 
 
September 30, 2014
 
December 31, 2013
(dollars in thousands)
 
Notional amount
 
Fair value
 
Notional amount
 
Fair value
Interest rate lock commitments
 
$
14,511

 
$
215

 
$
25,070

 
$
464

Forward commitments
 
12,707

 
(25
)
 
26,018

 
139


The following table presents ASB’s derivative financial instruments, their fair values, and balance sheet location as of September 30, 2014 and December 31, 2013:
Derivative Financial Instruments Not Designated as Hedging Instruments 1
 
September 30, 2014
 
December 31, 2013
(dollars in thousands)
 
 Derivative asset
 
 Derivative liability
 
 Derivative asset
 
 Derivative liability
Interest rate lock commitments
 
$
216

 
$
1

 
$
488

 
$
24

Forward commitments
 
1

 
26

 
141

 
2

 
 
$
217

 
$
27

 
$
629

 
$
26

1 Derivative assets are included in other assets and derivative liabilities are included in other liabilities in the balance sheets.
The following table presents ASB’s derivative financial instruments and the amount and location of the net gains or losses recognized in the statements of income for the three and nine months ended September 30, 2014 and 2013.
Derivative Financial Instruments Not Designated as Hedging Instruments
Location of net gains (losses) recognized in the Statement of Income
 
Three months  
 ended September 30
 
Nine months  
 ended September 30
(dollars in thousands)
 
2014
 
2013
 
2014
 
2013
Interest rate lock commitments
Mortgage banking income
 
$
215

 
$
818

 
$
(249
)
 
$
556

Forward commitments
Mortgage banking income
 
(25
)
 
(1,173
)
 
(164
)
 
(273
)
 
 
 
$
190

 
$
(355
)
 
$
(413
)
 
$
283


Litigation.  In March 2011, a purported class action lawsuit was filed in the First Circuit Court of the state of Hawaii by a customer who claimed that ASB had improperly charged overdraft fees on debit card transactions. ASB filed a motion to dismiss the lawsuit on the basis that as a bank chartered under federal law, ASB believes its business practices are governed by federal regulations established for federal savings banks and not by state law. In July 2011, the Circuit Court denied ASB’s motion and ASB appealed that decision. ASB’s appeal is currently pending before the Hawaii Supreme Court. The probable outcome and range of reasonably possible loss remains indeterminable at this time.
ASB is subject in the normal course of business to pending and threatened legal proceedings. Management does not anticipate that the aggregate ultimate liability arising out of these pending or threatened legal proceedings will be material to its financial position. However, ASB cannot rule out the possibility that such outcomes could have a material adverse effect on the results of operations or liquidity for a particular reporting period in the future.