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EXHIBIT 10.3

UNITED STATES OF AMERICA
BEFORE THE
BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM
WASHINGTON, D.C.

 

 

 

 

 

 

 

Written Agreement by and between

 

 

 

 

 

 

          Docket No. 09-128-WA/RB-HC

UCBH HOLDINGS, INC.

 

 

 

San Francisco, California

 

 

 

 

 

 

 

and

 

 

 

 

 

 

 

FEDERAL RESERVE BANK OF
SAN FRANCISCO

 

 

 

San Francisco, California

 

 

 

 

 

 

 

 

 

 

          WHEREAS, UCBH Holdings, Inc., San Francisco, California (“UCBH”), a registered bank holding company, owns and controls United Commercial Bank, San Francisco, California (the “Bank”), a state chartered nonmember bank, and various nonbank subsidiaries;

          WHEREAS, it is the common goal of UCBH and the Federal Reserve Bank of San Francisco (the “Reserve Bank”) to maintain the financial soundness of UCBH so that UCBH may serve as a source of strength to the Bank;

          WHEREAS, UCBH and the Reserve Bank have mutually agreed to enter into this Written Agreement (the “Agreement”); and

          WHEREAS, on September 9, 2009, the board of directors of UCBH, at a duly constituted meeting, adopted a resolution authorizing and directing Joseph J. Jou to enter into this Agreement on behalf of UCBH, and consenting to compliance with each and every provision of this Agreement by UCBH and its institution-affiliated parties, as defined in sections 3(u) and

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8(b)(3) of the Federal Deposit Insurance Act, as amended (the “FDI Act”) (12 U.S.C. §§ 1813(u) and 1818(b)(3)).

          NOW, THEREFORE, UCBH and the Reserve Bank agree as follows:

Source of Strength

          1.      The board of directors of UCBH shall take appropriate steps to ensure that the Bank complies with any order, or other supervisory action, entered into with the Bank’s federal or state regulators.

Capital Plan

          2.      Within 60 days of this Agreement, UCBH shall submit to the Reserve Bank an acceptable written plan to maintain sufficient capital at UCBH, on a consolidated basis, and at the Bank, as a separate legal entity on a stand-alone basis. The plan shall, at a minimum, address, consider, and include:

                    (a)      The consolidated organization’s and the Bank’s current and future capital requirements, including compliance with the Capital Adequacy Guidelines for Bank Holding Companies: Risk-Based Measure and Tier 1 Leverage Measure, Appendices A and D of Regulation Y of the Board of Governors of the Federal Reserve System (the “Board of Governors”)(12 C.F.R. Part 225, App. A and D) and the applicable capital adequacy guidelines for the Bank issued by the Bank’s federal regulator;

                    (b)      the adequac


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