The following discussion and analysis of our financial condition and results of operations should be read in conjunction with our audited consolidated financial statements and related notes included elsewhere in this Form 10-K. This discussion and analysis contains forward-looking statements that involve risks, uncertainties and assumptions. Certain risks, uncertainties and other factors, including but not limited to those set forth under "Cautionary Note Regarding Forward-Looking Statements," "Risk Factors" and elsewhere in this Form 10-K, may cause actual results to differ materially from those projected in the forward looking statements. The emphasis of this discussion will be on changes in the year endedDecember 31, 2022 with respect to 2021. See our Annual Report on Form 10-K for the year endedDecember 31, 2021 for additional details on the Company's financial condition and results of operations in 2021 and changes in the Company's financial condition and results of operations from 2020 to 2021. Overview Our Company We are a bank holding company headquartered inCoral Gables, Florida . We provide individuals and businesses a comprehensive array of deposit, credit, investment, wealth management, retail banking, mortgage services, and fiduciary services. We serve customers in ourUnited States markets and select international customers. These services are offered through the Bank, which is also headquartered inCoral Gables, Florida , and its subsidiaries. Fiduciary, investment, wealth management and mortgage lending services are provided by the Bank's securities broker-dealer, Amerant Investments, the Bank'sGrand-Cayman based trust company, theCayman Bank , and the mortgage company, Amerant Mortgage. The Bank's primary markets areSouth Florida , where we are headquartered and operate sixteen banking centers inMiami-Dade ,Broward andPalm Beach counties, andHouston, Texas , where we operate seven banking centers that serve the nearby areas ofHarris ,Montgomery ,Fort Bend andWaller counties. In addition, we have a loan production office ("LPO") inTampa, Florida . See "Item1-Business" for recent developments. Emerging Growth Company Prior toDecember 31, 2022 , we were an EGC, as defined in the JOBS Act. As such, we were eligible to take advantage of certain exemptions from various reporting requirements that are applicable to other public companies that are not "emerging growth companies," including, but not limited to, not being required to comply with the auditor attestation requirements of Section 404 of the Sarbanes-Oxley Act, or SOX Act, reduced disclosure obligations regarding executive compensation in our periodic reports and proxy statements, and exemptions from the requirements of holding a non-binding advisory vote on executive compensation and shareholder approval of any golden parachute payments not previously approved. In addition, Section 107 of the JOBS Act also provides that an EGC can take advantage of the extended transition period provided in Section 7(a)(2)(B) of the Securities Act of 1933, as amended (the "Securities Act"), for complying with new or revised accounting standards. In other words, an EGC can delay the adoption of certain accounting standards until those standards would otherwise apply to private companies. The Company benefited from the reporting exemptions and benefits mentioned above since it became a publicly traded company. As ofDecember 31, 2022 , the Company determined that it was deemed a large accelerated filer effective as of that date, based on the aggregate worldwide market value of its voting and non-voting common stock held by the Company's non-affiliates as of the last business day of the second quarter of 2022. Consequently, the Company determined that it no longer qualified as an EGC as ofDecember 31, 2022 and, therefore, was unable to continue to take advantage of reporting exemptions and other benefits for an EGC under the JOBS Act. 62 --------------------------------------------------------------------------------
Primary Factors Used to Evaluate Our Business
Results of Operations. In addition to net income or loss, the primary factors we use to evaluate and manage our results of operations include net interest income, noninterest income and expenses, and indicators of financial performance including return on assets ("ROA") and return on equity ("ROE"). We also use certain non-GAAP financial measures in the internal evaluation and management of our businesses. Net Interest Income. Net interest income represents interest income less interest expense. We generate interest income from interest, dividends and fees received on interest-earning assets, including loans and investment securities we own. We incur interest expense from interest paid on interest-bearing liabilities, including interest-bearing deposits, and borrowings such as FHLB advances and other borrowings such as repurchase agreements, notes, debentures and other funding sources we may have from time to time. Net interest income typically is the most significant contributor to our revenues and net income. To evaluate net interest income, we measure and monitor: (i) yields on our loans and other interest-earning assets; (ii) the costs of our deposits and other funding sources; (iii) our net interest spread; (iv) our net interest margin, or NIM; and (v) our provisions for loan losses. Net interest spread is the difference between rates earned on interest-earning assets and rates paid on interest-bearing liabilities. NIM is calculated by dividing net interest income for the period by average interest-earning assets during that same period. Because noninterest-bearing sources of funds, such as noninterest-bearing deposits and stockholders' equity, also fund interest-earning assets, NIM includes the benefit of these noninterest-bearing sources of funds. Non-refundable loan origination fees, net of direct costs of originating loans, as well as premiums or discounts paid on loan purchases, are deferred and recognized over the life of the related loan as an adjustment to interest income in accordance with generally accepted accounting principles ("GAAP"). Changes in market interest rates and the interest we earn on interest-earning assets, or which we pay on interest-bearing liabilities, as well as the volumes and the types of interest-earning assets, interest-bearing and noninterest-bearing liabilities and stockholders' equity, usually have the largest impact on periodic changes in our net interest spread, NIM and net interest income. We measure net interest income before and after the provision for credit losses. Noninterest Income. Noninterest income consists of, among other revenue streams: (i) service fees on deposit accounts; (ii) income from brokerage, advisory and fiduciary activities; (iii) benefits from and changes in cash surrender value of bank-owned life insurance, or BOLI, policies; (iv) card and trade finance servicing fees; (v) securities gains or losses; (vi) net gains and losses on early extinguishment of FHLB advances; (vii) income from derivative transaction with customers; (viii) derivative gains or losses, and (ix) other noninterest income. In addition, noninterest income in 2021 included a gain of$62.4 million on the sale of theCompany's Headquarters Building which is presented separately in the Company's consolidated statement of operations and comprehensive income. See "Item 1- Business" for more details. Our income from service fees on deposit accounts is affected primarily by the volume, growth and mix of deposits we hold and volume of transactions initiated by customers (i.e. wire transfers). These are affected by prevailing market pricing of deposit services, interest rates, our marketing efforts and other factors. Our income from brokerage, advisory and fiduciary activities consists of brokerage commissions related to our customers' trading volume, fiduciary and investment advisory fees generally based on a percentage of the average value of assets under management and custody ("AUM"), and account administrative services and ancillary fees during the contractual period.
Income from changes in the cash surrender value of our BOLI policies represents the amounts that may be realized under the contracts with the insurance carriers, which are nontaxable.
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Interchange fees, other fees and revenue sharing are recognized when earned. Trade finance servicing fees, which primarily include commissions on letters of credit, are generally recognized over the service period on a straight line basis. Card servicing fees include credit and debit card interchange fees and other fees. We have also entered into referral arrangements with recognizedU.S. -based card issuers, which permit us to serve our customers and earn referral fees and share interchange revenue without exposure to credit risk. Our gains and losses on sales of securities are derived from sales from our securities portfolio and are primarily dependent on changes inU.S. Treasury interest rates and asset liability management activities. Generally, asU.S. Treasury rates increase, our securities portfolio decreases in market value, and asU.S. Treasury rates decrease, our securities portfolio increases in value.We also recognize unrealized gains or losses on changes in the valuation of marketable equity securities not held for trading. Our gains or losses on sales of property and equipment are recorded at the date of the sale and presented as other noninterest income or expense in the period they occur. Our fee income generated on customer interest rate swaps and other loan level derivatives are primarily dependent on volume of transactions completed with customers and are included in noninterest income.
In 2022, derivatives unrealized net gains of
Other noninterest income includes mortgage banking income related to Amerant Mortgage, and consists of gain on sale of loans, gain on loans market valuation, other fees and smaller sources of income. Mortgage banking income was$3.4 million and$1.7 million in 2022 and 2021, respectively. Amerant Mortgage commenced operations inMay 2021 . Noninterest Expense. Noninterest expenses generally increase as our business grows and whenever necessary to implement or enhance policies and procedures for regulatory compliance, and other purposes. Noninterest expense consists of: (i) salaries and employee benefits; (ii) occupancy and equipment expenses; (iii) professional and other services fees; (iv) loan-level derivative expenses; (v)FDIC deposit and business insurance assessments and premiums; (vi) telecommunication and data processing expenses; (vii) depreciation and amortization; (viii) advertising and marketing expenses, and (ix) other operating expenses. In addition, in 2022 noninterest expenses included: (i) estimated contract termination costs associated with third party vendors resulting from the Company's transition to our new technology provider, and (ii) a non-routine charge of$3.4 million resulting from changes in the estimated fair value and related disposition costs of one OREO property inNew York . Salaries and employee benefits include compensation (including severance expenses), employee benefits and employer tax expenses for our personnel. Salaries and employee benefits are partially offset by costs directly related to the origination of loans, which are deferred and amortized over the life of the related loans as adjustments to interest income in accordance with GAAP. Occupancy expense includes lease expense on our leased properties and other occupancy-related expenses. Equipment expense includes furniture, fixtures and equipment related expenses. In 2022, rental income associated with the subleasing of portions of the Company's headquarters building is included as a reduction to rent expense under lease agreements under occupancy and equipment cost. Prior to 2022, rental income primarily in connection with the previously-owned headquarters building is included as part of other noninterest income. 64
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Professional and other services fees include legal, accounting and consulting fees, card processing fees, director's fees, regulatory agency fees, such as OCC examination fees, and other fees related to our business operations. In 2022 and 2021, professional fees include expenses associated with the outsourcing of our internal audit function which began in the second quarter of 2021. Loan-level derivative expenses are incurred in back-to-back derivative transactions with commercial loan clients and with brokers. The Company pays a fee upon inception of the back-to-back derivative transactions, corresponding to the spread between a wholesale rate and a retail rate. Contract termination costs represent estimated expenses to terminate contracts before the end of their terms, and are recognized when the Company terminates a contract in accordance with its terms, generally considered the time when the Company gives written notice to the counterparty within the notification period contractually established. Contract termination costs also include expenses associated with the abandonment of existing capitalized projects which are no longer expected to be completed as a result of a contract termination. Changes to initial estimated expenses to terminate contracts resulting from revisions to timing or the amount of estimated cash flows are recognized in the period of the changes. Advertising expenses include the costs of promoting the Amerant brand, as well as the costs associated with promoting the Company's products and services to create positive awareness, or consideration to buy the Company's products and services. These costs include expenses to produce, deliver and communicate advertisements using available media and technologies, primarily streaming and other digital advertising platforms. Advertising expenses are expensed as incurred, except for media production costs which are expensed upon the first airing of the advertisement.
Telecommunication and data processing expenses include expenses paid to our third-party data processing system providers and other telecommunication and data service providers.
Depreciation and amortization expense includes the value associated with the depletion of the value on our owned properties and equipment, including leasehold improvements made to our leased properties.
Other operating expenses include community engagement, and other operational expenses. Other operating expenses are partially offset by other operating expenses directly related to the origination of loans, which are deferred and amortized over the life of the related loans as adjustments to interest income in accordance with GAAP. Noninterest expenses in 2022 and 2021 include salaries and employee benefits, mortgage lending costs and professional and other service fees in connection with Amerant Mortgage's ongoing business. 65
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Non-routine noninterest expense items include restructuring expenses and other non-routine noninterest expenses. Restructuring expenses are those incurred for actions designed to implement the Company's strategic initiatives. These actions include, but are not limited to reductions in workforce, streamlining operational processes, promoting the Amerant brand, implementation of new technology system applications, enhanced sales tools and training, expanded product offerings and improved customer analytics to identify opportunities. Other non-routine noninterest expenses include the effect of non-core banking activities such as the valuation of OREO and loans held for sale. The table below shows a detail of non-routine noninterest expenses for the periods presented. Years Ended December 31, (in thousands) 2022 2021 2020 Non-routine noninterest expense items Restructuring costs: Staff reduction costs (1)$ 3,018 $ 3,604 $ 6,405 Contract termination costs (2) 7,103 - - Legal and Consulting fees (3) 3,625 1,689 - Digital transformation expenses 45 412 3,116 Lease impairment charge (4) 1,579 810 - Branch closure expenses (5) 33 542 2,404 Total restructuring costs$ 15,403 $ 7,057 $ 11,925 Other non-routine noninterest expense items: Other real estate owned valuation expense (6) 3,408 - - Loans held for sale valuation (reversal) expense (7) 159 - - Total non-routine noninterest expense items$ 18,970
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(1) Include severance expense of$3.0 million ,$3.6 million and$6.4 million in 2022, 2021 and 2020, respectively. Severance expenses in 2022 were primarily related to the elimination of certain support functions due to the restructuring of business lines, as well severance expenses in connection with changes in certain positions. Severance expenses in 2021 were mainly in connection with the departure of the Company's COO, the elimination of various support function positions, and other actions. In 2020, severance expenses were primarily in connection with a voluntary early retirement plan for certain eligible long-term employees ( the "2020 Voluntary Plan") and an involuntary severance plan for certain other positions (the "2020 Involuntary Plan"). See Note 1 to our audited annual consolidated financial statements in this Form 10-K for more details on the 2020 Voluntary Plan and the 2020 Involuntary Plan. (2) Contract termination and related costs associated with third party vendors resulting from the engagement of our new technology provider. (3) In 2022, includes: (i)$2.9 million resulting from the Company's transition to our new technology provider; (ii)$0.2 million in connection with certain search and recruitment expenses; (iii)$0.1 million of costs associated with the subleasing of theNew York office space, and (iv) an aggregate of$0.4 million in other non-routine expenses. In 2021, includes additional expenses of$1.5 million , including: (i)$0.8 million of expenses in connection with the merger and related transactions, and (ii)$0.7 million resulting from the Company's transition to our new technology provider. (4) In 2022, includes$1.6 million of Right-of-Use ("ROU") asset impairment associated with the closure of a branch inPembroke Pines, Florida in 2022. In 2021, includes$0.8 million of ROU asset impairment associated with the lease of the NY loan production office. (5) In 2022 and 2021, includes lease termination expenses associated with the closure of a branch inFort Lauderdale, Florida in 2021. (6) Fair value adjustment related to one OREO property inNew York . (7) Valuation allowance as a result of changes in the fair value of loans held for sale carried at the lower of cost or fair value. 66
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Primary Factors Used to Evaluate Our Financial Condition
The primary factors we use to evaluate and manage our financial condition include asset quality, capital and liquidity.
Asset Quality. We manage the diversification and quality of our assets based upon factors that include the level, distribution and risks in each category of assets. Problem assets may be categorized as classified, delinquent, nonaccrual, nonperforming and restructured assets. We also manage the adequacy of our allowance for credit losses, or the allowance, the diversification and quality of loan and investment portfolios, the extent of counterparty risks, credit risk concentrations and other factors. OnJanuary 1, 2022 , the Company adopted ASC Topic 326 - Financial Instruments - Credit Losses, which replaced the incurred loss methodology with an expected loss methodology that is referred to as the current expected credit loss ("CECL") methodology. See Note 1 to the audited consolidated financial statements in this Form 10-K for more details on the adoption of CECL by the Company. We review and update our allowance for expected credit losses periodically to calibrate loss estimation models based on our loan volumes, and credit and economic conditions in our markets. The models may differ among our loan segments to reflect their different asset types, and includes qualitative factors, which are updated periodically based on the type of loan and other factors. Capital. Financial institution regulators have established minimum capital ratios for banks and bank holding companies. We manage capital based upon factors that include: (i) the level and quality of capital and our overall financial condition; (ii) the trend and volume of problem assets; (iii) the adequacy of reserves; (iv) the level and quality of earnings; (v) the risk exposures in our balance sheet under various scenarios, including stressed conditions; (vi) the Tier 1 capital ratio, the total capital ratio, the Tier 1 leverage ratio, and the CET1 capital ratio; (vii) the tangible equity ratio, and (viii) other factors, including market conditions. Liquidity. Our deposit base consists primarily of personal and commercial accounts maintained by individuals and businesses in our primary markets and select international core depositors. The Company is focused on relationship-driven core deposits. The Company may also use third party providers of domestic sources of deposits as part of its balance sheet management strategies. In 2021, we changed our definition of core deposits to better align our presentation with the Company's internal monitoring and overall liquidity strategy. Under this new definition, core deposits consist of total deposits excluding all time deposits. In prior periods, the Company used the FFIEC Uniform Bank Performance Report (the "UBPR") definition of "core deposits," which exclude brokered time deposits and retail time deposits of more than$250,000 . See "Core Deposits" discussion for more details. We manage liquidity based upon factors that include the amount of core deposit relationships as a percentage of total deposits, the level of diversification of our funding sources, the allocation and amount of our deposits among deposit types, the short-term funding sources used to fund assets, the amount of non-deposit funding used to fund assets, the availability of unused funding sources, off-balance sheet obligations, the amount of cash and liquid securities we hold, the availability of assets readily convertible into cash without undue loss, the characteristics and maturities of our assets when compared to the characteristics of our liabilities and other factors.
Seasonality. Our loan production, generally, is subject to seasonality, with the lowest volume typically in the first quarter of each year.
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Summary Results
Results for the year ended
•Total assets were
•Total gross loans, which include loans held for sale, were
•Average yield on loans in 2022 was 4.92%, up compared to 3.92% in 2021.
•Total deposits were
•Core deposits were
•Average cost of total deposits in 2022 was 0.80% compared to 0.49% in 2021.
•Net income attributable to the Company was
•Net interest income was
•Net interest margin was 3.53% in 2022, up 63 basis points from 2.90% in 2021.
•The Company recorded a provision for credit losses of$13.9 million in 2022, compared to a release from the allowance for credit losses ("ACL") of$16.5 million in 2021. The ratio of allowance for credit losses to total loans held for investment was 1.22% as ofDecember 31, 2022 , compared to 1.29% as ofDecember 31, 2021 . The ratio of net charge-offs to average total loans held for investment in the year endedDecember 31, 2022 was 0.32%, compared to 0.44% in the year endedDecember 31, 2021 . The ACL coverage of non-performing loans increased to 2.2x atDecember 31, 2022 , from 1.4x atDecember 31, 2021 .
•Loan to deposit ratio was 98.23% as of
•Assets Under Management and custody ("AUM") totaled
•Pre-provision net revenue ("PPNR")1 was
•Noninterest income was
•Noninterest expense was
•The efficiency ratio was 72.3% in 2022, compared to 60.9% in 2021.
68 -------------------------------------------------------------------------------- •Stockholders' book value per common share attributable to the Company was$20.87 atDecember 31, 2022 , compared to$23.18 atDecember 31, 2021 . Tangible book value per common share1 was$20.19 as ofDecember 31, 2022 , compared to$22.55 atDecember 31, 2021 .
1 Non-GAAP measure, see "Non-GAAP Financial Measures" for a reconciliation to GAAP.
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Results of Operations - Comparison of Results of Operations for the Years Ended
Net income (loss)
The table below sets forth certain results of operations data for the years
ended
(in thousands, except per share Years Ended December 31, Change amounts and percentages) 2022 2021 2020 2022 vs 2021 2021 vs 2020 Net interest income$ 266,665 $ 205,141 $ 189,552 $ 61,524 30.0 %$ 15,589 8.2 % Provision for (reversal of) credit losses 13,945 (16,500) 88,620 30,445 (184.5) % (105,120) (118.6) % Net interest income after provision for (reversal of) credit losses 252,720 221,641 100,932 31,079 14.0 % 120,709 119.6 % Noninterest income 67,277 120,621 73,470 (53,344) (44.2) % 47,151 64.2 % Noninterest expense 241,413 198,242 178,736 43,171 21.8 % 19,506 10.9 % Income (loss) before income tax (expense) benefit 78,584 144,020 (4,334) (65,436) (45.4) % 148,354 NM Income tax (expense) benefit (16,621) (33,709) 2,612 17,088 50.7 % (36,321) NM Net income (loss) before attribution of noncontrolling interest 61,963 110,311 (1,722) (48,348) (43.8) % 112,033 NM Less: noncontrolling interest (1,347) (2,610) - 1,263 48.4 % (2,610) NM Net income attributable to Amerant Bancorp Inc.$ 63,310 $ 112,921 $ (1,722) $ (49,611) (43.9) %$ 114,643 NM Basic earnings (loss) per common share$ 1.87 $ 3.04 $ (0.04) $ (1.17) (38.5) %$ 3.08 NM Diluted earnings (loss) per common share (1)$ 1.85 $ 3.01 $ (0.04) $ (1.16) (38.5) %$ 3.05 NM
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(1) AtDecember 31, 2022 and 2021, potential dilutive instruments consist of unvested shares of restricted stock, restricted stock units and performance stock units (consisted of unvested shares of restricted stock and restricted stock units atDecember 31, 2020 ). See Note 23 to our audited annual consolidated financial statements in this Form 10-K for details on the dilutive effects of the issuance of restricted stock, restricted stock units and performance stock units on earnings per share in 2022, 2021 and 2020. NM - means not meaningful 2022 compared to 2021 In 2022, net income attributable to the Company was$63.3 million , or$1.85 per diluted share, compared to net income of$112.9 million , or$3.01 per diluted share, in 2021. The decrease of$49.6 million , or 43.93% , in 2022 compared to 2021 was primarily due to: (i) lower noninterest income mainly driven by the absence of a$62.4 million gain on the sale of the Company's headquarters building in 2021; (ii) higher noninterest expenses, and (iii) the$13.9 million provision for credit losses in 2022, compared to a$16.5 million reversal from the allowance for credit losses in 2021. These results were partially offset by higher net interest income in 2022 compared to 2021. In 2022 and 2021, net income attributable to the Company excludes a net loss of$1.3 million and$2.6 million , respectively, attributable to the non-controlling interest of Amerant Mortgage, which commenced operations inMay 2021 . These losses were calculated on the basis of a net loss from operations for Amerant Mortgage (including transactions with affiliates such as broker fees, interest expense and other operating expenses) of$3.3 million and$5.3 million , respectively. In the first quarter of 2022, the minority interest share in Amerant Mortgage changed from 49% to 42.6%. In addition, in the second quarter of 2022, the minority interest share in Amerant Mortgage changed from 42.6% to 20%. See "Item 1 - Business Developments" in this Form 10-K for more details on these changes with respect to our subsidiary Amerant Mortgage. 70
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Net interest income was$266.7 million in 2022, an increase of$61.5 million , or 30.0%, from$205.1 million in 2021. This was primarily the result of: (i) higher average yields on loans, debt securities available for sale and held to maturity and interest earning deposits with banks; (ii) higher average balance of loans and debt securities held to maturity, and (iii) lower average balances of time deposits. These results were partially offset by: (i) higher cost of total deposits, FHLB advances and junior subordinated debentures; (ii) higher average balance of FHLB advances; (iii) lower average balance of debt securities available for sale, and (iv) the cost of the subordinated debt issued inMarch 2022 . The increase in average yields on interest earning assets includes the effect of theFederal Reserve's actions to manage inflation in 2022 which consisted of raising its benchmark rate by a total of 425 basis points during 2022. See "-Net interest Income" for more details. Noninterest income was$67.3 million in 2022, a decrease of$53.3 million , or 44.2%, compared to$120.6 million in 2021. These results were mainly due to: (i) the absence of a gain on the sale of the Company's headquarters building in 2021 of$62.4 million ; (ii) lower net gains on securities of$7.4 million , primarily due to lower gains on sale of debt securities available for sale; (iii) the absence of a gain of$3.8 million on the sale of$95.1 million of loans under the SBA's Pay Check Protection Program ("PPP") in 2021, and (iv) lower total brokerage, advisory and fiduciary activities. These results were partially offset by: (i) higher net gains on the early extinguishment of FHLB advances; (ii) higher loan-level derivative income; (iii) higher mortgage banking income; (iv) higher deposit and service fees; (v) net unrealized derivative gains of$0.5 million in 2022 related to interest rate caps with clients, and (vi) higher cards and trade finance servicing fees. In 2022, the Company recorded total net gains of$10.7 million on the early extinguishment of approximately$355 million of FHLB advances. In 2021, the Company recorded a loss of$2.5 million on the early extinguishment of approximately$235 million of FHLB advances. See "-Noninterest Income" for more details. Noninterest expense was$241.4 million in 2022, an increase of$43.2 million , or 21.8%, from$198.2 million in 2021. This was primarily driven by higher advertising expenses, loan-level derivative expenses, occupancy and equipment costs, salaries and employee benefits, professional and other services fees and other operating expenses. Also, in 2022, noninterest expenses include: (i)$7.1 million of estimated contract termination costs associated with third party vendors resulting from the Company's transition to our new technology provider; (ii) a non-routine charge of$3.4 million resulting from changes in the estimated fair value and related disposition costs of one OREO property inNew York , and (iii) a valuation allowance of$0.2 million related to the change in fair value ofNew York loans held for sale. These increases were partially offset by lower depreciation and amortization expenses.See "-Noninterest Expense" for more details. In 2022, noninterest expense included non-routine items of$19.0 million , compared to$7.1 million in 2021. Non-routine items in noninterest expense include restructuring costs of$15.4 million and$7.1 million in 2022 and 2021, respectively. In addition, in 2022, non-routine items in noninterest expense include: (i) a non-routine charge of$3.4 million resulting from the changes in the estimated fair value and related disposition costs of an OREO property inNew York , and (ii) a valuation allowance of$0.2 million related to the change in fair value ofNew York loans held for sale. See "Our Company - Primary Factors Used to Evaluate Our Business" for detailed information on non-routine items in noninterest expense. In 2022 and 2021, we incurred$12.5 million and$7.1 million , respectively, in noninterest expenses related to Amerant Mortgage, which commenced operations inMay 2021 . These expenses included: (i)$8.9 million and$5.5 million in 2022 and 2021, respectively, related to salaries and employee benefits expenses, and (ii)$3.6 million and$1.6 million in 2022 and 2021, respectively, related to mortgage lending costs, professional fees and other noninterest expenses. Amerant Mortgage had 68 FTEs atDecember 31, 2022 compared to 72 FTEs atDecember 31, 2021 . 71
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Average Balance Sheet, Interest and Yield/Rate Analysis
The following tables present average balance sheet information, interest income, interest expense and the corresponding average yields earned and rates paid for the years endedDecember 31, 2022 , 2021 and 2020. The average balances for loans include both performing and nonperforming balances. Interest income on loans includes the effects of discount accretion and the amortization of non-refundable loan origination fees, net of direct loan origination costs, accounted for as yield adjustments. Average balances represent the daily average balances for the periods presented. Years Ended December 31, 2022 2021 2020 (in thousands, except Average Income/ Yield/ Average Income/ Yield/ Average Income/ Yield/ percentages) Balances Expense Rates Balances Expense Rates Balances Expense Rates Interest-earning assets: Loan portfolio, net (1) (2) $ 5,963,190$ 293,210 4.92 %$ 5,514,110 $ 216,097 3.92 %$ 5,716,371 $ 220,898 3.86 % Debt securities available for sale (3)(4) 1,112,590 33,187 2.98 % 1,194,505 26,953 2.26 % 1,444,213 34,001 2.35 % Debt securities held to maturity (5) 192,397 5,657 2.94 % 97,501 2,036 2.09 % 66,136 1,343 2.03 % Debt securities held for trading 64 4 6.25 % 165 5 3.03 % - - - % Equity securities with readily determinable fair value not held for trading 9,560 - - % 22,332 284 1.27 % 24,290 452 1.86 %Federal Reserve Bank and FHLB stock 51,496 2,565 4.98 % 53,106 2,222 4.18 % 67,840 3,227 4.76 % Deposits with banks 231,402 4,153 1.79 % 201,950 247 0.12 % 202,026 633 0.31 % Total interest-earning assets 7,560,699 338,776 4.48 % 7,083,669 247,844 3.50 % 7,520,876 260,554 3.46 % Total non-interest-earning assets (6) 626,989 449,347 510,673 Total assets $ 8,187,688$ 7,533,016 $ 8,031,549 72
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Table of Contents Years Ended December 31, 2022 2021 2020 (in thousands, except Average Income/
Yield/ Average Income/ Yield/ Average Income/ Yield/ percentages) Balances Expense Rates Balances Expense Rates Balances Expense Rates Interest-bearing liabilities: Checking and saving accounts: Interest bearing DDA 1,872,100 15,118 0.81 % 1,309,699 591 0.05 % 1,154,166 439 0.04 % Money market 1,323,563 11,673 0.88 % 1,311,278 3,483 0.27 % 1,165,447 7,070 0.61 % Savings 319,631 135 0.04 % 324,618 50 0.02 % 321,766 58 0.02 % Total checking and saving accounts 3,515,294 26,926 0.77 % 2,945,595 4,124 0.14 % 2,641,379 7,567 0.29 % Time deposits 1,334,605 22,124 1.66 % 1,668,459 23,766 1.42 % 2,360,367 45,765 1.94 % Total deposits 4,849,899 49,050 1.01 % 4,614,054 27,890 0.60 % 5,001,746 53,332 1.07 % Securities sold under agreements to repurchase 32 1 3.13 % 123 1 0.81 % 252 1 0.40 % Advances from the FHLB and other borrowings (7) 911,448 15,092 1.66 % 822,769 8,595 1.04 % 1,116,899 13,168 1.18 % Senior notes 59,054 3,766 6.38 % 58,737 3,768 6.42 % 30,686 1,968 6.41 % Subordinated notes 23,853 1,172 4.91 % - - - % - - - % Junior subordinated debentures 64,178 3,030 4.72 % 64,178 2,449 3.82 % 66,402 2,533 3.81 % Total interest-bearing liabilities 5,908,464 72,111 1.22 % 5,559,861 42,703 0.77 % 6,215,985 71,002 1.14 %
Non-interest-bearing
liabilities:
Non-interest bearing demand deposits 1,286,570 1,046,766
876,393
Accounts payable, accrued liabilities and other liabilities 243,105 130,548
100,932
Total non-interest-bearing liabilities 1,529,675 1,177,314
977,325
Total liabilities 7,438,139 6,737,175
7,193,310
Stockholders' equity 749,549 795,841
838,239
Total liabilities and stockholders' equity$ 8,187,688 $ 7,533,016 $
8,031,549
Excess of average interest-earning assets over average interest-bearing liabilities$ 1,652,235 $ 1,523,808 $
1,304,891
Net interest income$ 266,665 $ 205,141 $ 189,552 Net interest rate spread 3.26 % 2.73 % 2.32 % Net interest margin (8) 3.53 % 2.90 % 2.52 % Cost of total deposits (9) 0.80 % 0.49 % 0.91 % Ratio of average interest-earning assets to average interest-bearing liabilities 127.96 % 127.41 % 120.99 % Average non-performing loans/ average total loans 0.51 % 1.61 % 1.12 % __________________ (1) Includes loans held for investment net of the allowance for credit losses, and loans held for sale. The average balance of the allowance for credit losses was$57.5 million ,$101.1 million and$91.5 million in the years endedDecember 31, 2022 , 2021 and 2020, respectively. The average balance of total loans held for sale was$117.6 million ,$72.7 million and$37 thousand in the years endedDecember 31, 2022 , 2021 and 2020, respectively. (2) Includes average non-performing loans of$90.6 million ,$90.6 million and$64.8 million for the years endedDecember 31, 2022 , 2021 and 2020, respectively. Interest income that would have been recognized on outstanding non-performing loans atDecember 31, 2022 , 2021 and 2020 was$0.8 million ,$6.2 million and$2.7 million in 2022, 2021 and 2020, respectively. 73
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(3) Includes the average balance of net unrealized gains and losses in the fair value of debt securities available for sale. The average balance includes includes average net unrealized losses of$62.3 million in 2022 and average net unrealized gains of$26.6 million and$35.5 million in 2021 and 2020, respectively. (4) Includes nontaxable securities with average balances of$18.4 million ,$46.2 million and$72.2 million for the years endedDecember 31, 2022 , 2021 and 2020, respectively. The tax equivalent yield for these nontaxable securities was 3.00%, 1.76% and 2.94% for the years endedDecember 31, 2022 , 2021 and 2020, respectively. In 2022, 2021 and 2020, the tax equivalent yield was calculated by assuming a 21% tax rate and dividing the actual yield by 0.79. (5) Includes nontaxable securities with average balances of$43.6 million ,$50.2 million and$66.1 million for the years endedDecember 31, 2022 , 2021 and 2020, respectively. The tax equivalent yield for these nontaxable securities was 3.46%, 2.58% and 2.57% for the years endedDecember 31, 2022 , 2021 and 2020, respectively. In 2022, 2021 and 2020, the tax equivalent yield was calculated assuming a 21% tax rate and dividing the actual yield by 0.79. (6) Excludes the allowance for credit losses. (7) The terms of the advance agreement require the Bank to maintain certain investment securities or loans as collateral for these advances. (8) Net interest margin is defined as net interest income divided by average interest-earning assets, which are loans, securities, deposits with banks and other financial assets, which yield interest or similar income. (9) Calculated based upon the average balance of total noninterest bearing and interest bearing deposits. 74
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Interest Rates and Operating Interest Differential
Increases and decreases in interest income and interest expense result from changes in average balances (volume) of interest-earning assets and interest-bearing liabilities, as well as changes in average interest rates. In this table, we present for the periods indicated, the changes in interest income and the changes in interest expense attributable to the changes in interest rates and the changes in the volume of interest-earning assets and interest-bearing liabilities. For each category of assets and liabilities, information is provided on changes attributable to: (i) change in volume (change in volume multiplied by prior year rate); (ii) change in rate (change in rate multiplied by prior year volume); and (iii) change in both volume and rate which is allocated to rate. See "Risk Factors- Our profitability is subject to interest rate risk."
Increase in Net Interest Income
2022 vs 2021 2021 vs 2020 Attributable to Attributable to (in thousands) Volume Rate Total Volume Rate Total Interest income attributable to: Loan portfolio, net$ 17,604 $ 59,509 $
77,113
8,085 6,234 (5,868) (1,180) (7,048) Debt securities held to maturity 1,983 1,638 3,621 637 56 693 Debt securities held for trading (3) 2 (1) 5 - 5 Equity securities with readily determinable fair value not held for trading (162) (122) (284) (36) (132) (168) Federal Reserve Bank and FHLB stock (67) 410 343 (701) (304) (1,005) Deposits with banks 35 3,871 3,906 - (386) (386) Total interest-earning assets$ 17,539 $ 73,393 $ 90,932 $ (13,770) $ 1,060 $ (12,710) Interest expense attributable to: Checking and saving accounts: Interest bearing demand$ 281 $ 14,246 $ 14,527 $ 62 $ 90 $ 152 Money market 33 8,157 8,190 890 (4,477) (3,587) Savings (1) 86 85 1 (9) (8) Total checking and saving accounts 313 22,489 22,802 953 (4,396) (3,443) Time deposits (4,741) 3,099 (1,642) (13,423) (8,576) (21,999) Total deposits (4,428) 25,588 21,160 (12,470) (12,972) (25,442) Securities sold under agreements to repurchase (1) 1 - (1) 1 - Advances from the FHLB and other borrowings 922 5,575 6,497 (3,471) (1,102) (4,573) Senior notes 20 (22) (2) 1,798 2 1,800 Subordinated notes 1,172 - 1,172 - - - Junior subordinated debentures - 581 581 (85) 1 (84)
Total interest-bearing liabilities
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InMarch 2022 , theFederal Reserve increased its benchmark interest rate by 25 basis points as a key tool to help reduce inflationary pressures. This first increase was followed by 6 additional increases in theFederal Reserve's benchmark interest rates in 2022 (50 basis points inMay 2022 , 75 basis points in eachJune 2022 ,July 2022 ,September 2022 andNovember 2022 , and 50 basis points inDecember 2022 ) which resulted in a total increase of 425 basis points year-to- date. This accumulated increase of 425 basis point in theFederal Reserve's benchmark interest rates in 2022 contributed to the increase in net interest income the Company experienced in 2022. In 2022, the Company continued seeking opportunities to improve NIM through: (i) purchases of single-family residential loans through Amerant Mortgage; (ii) continued purchases of consumer loans under indirect lending programs; (iii) originations of commercial loans and leases under a new white label equipment finance solution launched in the second quarter of 2022, and (iv) originations of consumer loans under a separate white label program. In addition, in 2022 we believe that changes in deposit rates managed on a case-by-case-basis, curtailed increase in deposit costs during the period. Furthermore, in 2022, in light of the rising rate environment, the Company actively managed the duration of FHLB advances by: (i) repaying$530.0 million in callable FHLB advances, and (ii) borrowing$550.0 million in longer-term advances to extend the duration of this portfolio and lock-in fixed interest rates. Lastly, in the first quarter of 2022, we completed a private placement of$30 million of 4.25% fixed-to-floating rate subordinated notes due 2032. See discussions further below for more details on the subordinated notes. Net interest income 2022 compared to 2021 In 2022, net interest income was$266.7 million , an increase of$61.5 million , or 30.0%, from$205.1 million in 2021. This was mainly driven by: (i) an increase of 98 basis points in the yield on total interest earning assets, mainly loans, debt securities available for sale and held to maturity and interest earnings deposits with banks; (ii) higher average balance of loans and debt securities held to maturity, and (iii) lower average balance of time deposits. The increase in net interest income was partially offset by: (i) higher cost of total deposits, FHLB advances and junior subordinated debentures; (ii) higher average balance of FHLB advances, and (iii) a decrease of$81.9 million , or 6.9% in the average balance of debt securities available for sale. In addition, 2022 includes the additional interest expense associated with subordinated notes issued inMarch 2022 . The increase in average yields on interest earning assets includes the effect of theFederal Reserve's actions to manage inflation in 2022, which consisted of raising its benchmark rate by a total of 425 basis points in 2022. Net interest margin was 3.53% in 2022, an increase of 63 basis points from 2.9% in 2021. See discussions further below for more details. Interest Income. Total interest income was$338.8 million in 2022, an increase of$90.9 million , or 36.7% compared to$247.8 million in 2021. This was primarily driven by a 98 basis points increase in the average yield on total interest earning assets, mainly driven by higher market rates on loans, debt securities available for sale and held to maturity and interest earning deposits with banks. In addition, there were increases of$449.1 million , or 8.1%, and$94.9 million , or 97.3%, in the average balance of loans and debt securities held to maturity, respectively. These increases were partially offset by a decrease of$81.9 million , or 6.9%, in the average balance of debt securities available for sale. See "-Average Balance Sheet, Interest and Yield/Rate Analysis" for detailed information. 76
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Interest income on loans in 2022 was$293.2 million , an increase of$77.1 million , or 35.7%, compared to$216.1 million in 2021. This result was primarily due to a 100 basis points increase in average yields, mainly attributable to higher market rates as well as higher-yielding consumer loans purchased throughout 2021 and 2022. Also, in 2022, there was an increase of$449.1 million , or 8.1%, in the average balance of loans compared to 2021, mainly attributable to: (i) purchases of consumer loans under indirect lending programs as discussed above; (ii) higher volumes of single-family residential loans; (iii) higher volumes of commercial loans primarily driven by our loan origination and cross-sale efforts in 2022, including, among other things, loans originated under a white-label equipment financing solution launched in 2022, and (iv) consumer loans originated under a white-label program launched in 2022. The increase in the average balance of loans was partially offset by: (i) a lower average balance of CRE loans, mainly driven by prepayments during the period; (ii) the sale of approximately$57.3 million and$49.4 million in the first quarter of 2022 and the fourth quarter of 2021, respectively, ofNew York real estate loans, and (iii) the sale of and forgiveness of PPP loans in 2021. See "-Average Balance Sheet, Interest and Yield/Rate Analysis" for detailed information. See "Loans" for more detailed on the sale of NY real estate loans. Interest income on debt securities available for sale was$33.2 million in 2022, an increase of$6.2 million , or 23.1%, compared to$27.0 million in 2021. This was mainly due to an increase of 72 basis points in average yields, primarily on lower prepayments and higher market rates. This was partially offset by a decrease of$81.9 million , or 6.9%, in the average balance of these securities. The decline in the average balance was primarily due to prepayments and a decrease in carrying value due to market rates increasing throughout 2022. In 2022, the average balance of accumulated net unrealized loss included in the carrying value of these securities was$62.3 million compared to accumulated net unrealized gain of$26.6 million in 2021. As ofDecember 31, 2022 , corporate debt securities comprised 26.5% of the available-for-sale portfolio, down from 30.4% atDecember 31, 2021 . We continue with our strategy to insulate the investment portfolio from prepayment risk. As ofDecember 31, 2022 , floating rate investments represent 13.2% of our total investment portfolio compared to 10.6% atDecember 31, 2021 . In addition, the overall duration increased to 4.9 years atDecember 31, 2022 from 3.6 years atDecember 31, 2021 , which was primarily due to lower expected and actual mortgage-backed securities prepayments resulting from increased market interest rates. See "-Average Balance Sheet, Interest and Yield/Rate Analysis" for detailed information. Interest income on debt securities held to maturity was$5.7 million in 2022, an increase of$3.6 million , or 177.8%, compared to$2.0 million in 2021. This was mainly due to an increase of 85 basis points in average yields, primarily driven by higher market rates. In addition, there was an increase of$94.9 million , or 97.3% in the average balance of these securities. Interest Expense. Interest expense was$72.1 million in 2022, an increase of$29.4 million , or 68.9%, compared to$42.7 million in 2021. This was primarily due to: (i) higher cost of total deposits, FHLB advances and junior subordinated debentures; (ii) higher average balance of FHLB advances, and (iii) the additional interest expense associated with the subordinated notes issued inMarch 2022 . This was partially offset by: (i) a decrease of$333.9 million , or 20.0%, in the average balance of time deposits. 77
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Interest expense on interest-bearing deposits was$49.1 million in 2022, an increase of$21.2 million or 75.9%, compared to$27.9 million in 2021. This increase was mainly driven by: (i) higher cost of total deposits, and (ii) an increase of$569.7 million , or 19.3%, in the average balance on interest bearing checking and savings accounts. This increase was partially offset by: (i) a decrease of$333.9 million , or 20.0%, in the average balance of total time deposits. See below for a detailed explanation of changes by major deposit category: •Time deposits. Interest expense on total time deposits decreased$1.6 million , or 6.9%, in 2022 compared to 2021. This was mainly driven by a decrease of$333.9 million , or 20.0%, in the average balance, including a decrease of$90.4 million in the average balance of international time deposits. These declines were partially offset by an increase of 24 basis points in the average cost of total time deposits. The decline in the average balance of total time deposits include decreases of$218.9 million ,$54.7 million and$60.3 million , in customer certificate of deposits ("CDs"), brokered deposits and online deposits, respectively. The decline in customer CDs reflects the Company's continued efforts to aggressively lower CD rates and focus on increasing core deposits and emphasizing multiproduct relationships versus single product higher-cost CDs. •Interest bearing checking and savings accounts. Interest expense on total interest bearing checking and savings accounts increased$22.8 million , or 552.9%, in 2022 compared to 2021, mainly due to an increase of 63 basis points in the average costs of these instruments. In addition, there was an increase of$569.7 million , or 19.3% in the average balance of total interest bearing checking and savings accounts in 2022 compared to 2021, mainly driven by: (i) higher average domestic personal accounts; (ii) new domestic deposits from escrow accounts, municipalities, and from domestic individuals and businesses through large fund providers as well as new large customer relationships in 2022, and (iii) an increase of$53.5 million , or 2.6%, in the average balance of international accounts, including increases of$26.2 million or 1.5%, and$27.3 million , or 7.5%, in personal and commercial accounts, respectively. These increases in average balances were partially offset by a decline of$75.3 million in the average balance of third-party interest-bearing domestic brokered deposits in 2022 compared to 2021, as the Company continued to focus on reducing reliance on this source of funding. Interest expense on FHLB advances increased$6.5 million , or 75.6%, in 2022 compared to 2021, mainly due to an increase of 62 basis points in the average rate paid on these borrowings. In addition, there was an increase of$88.7 million or 10.8%, in the average balance on this funding source. In 2022 and 2021, interest expense on FHLB advances includes$1.9 million and$1.2 million , respectively, related to the amortization of a$6.6 million penalty fee as result of the restructuring of$285 million in fixed-rate FHLB advances inMay 2021 . In the first half of 2022, the Company borrowed$550 million in longer-term fixed FHLB advances and repaid$530 million in FHLB callable advances to extend the duration of this portfolio and lock-in fixed interest rates. In addition, in the third quarter of 2022, the Company borrowed$150.0 million in fixed-rate FHLB advances to support loan growth. Lastly, in the fourth quarter of 2022, the Company repaid approximately$175.0 million of FHLB advances as we took advantage of the increased market valuation of these instruments at the time of repayment. See discussions further below for more details on the$285 million FHLB advances restructuring completed inMay 2021 .
Interest expense on subordinated notes was
Interest expense on junior subordinated debentures increased$0.6 million , or 23.7%, in 2022 compared to 2021, mainly driven by (i) the maturity of existing cash flow hedges and (ii) new cash flow hedge agreements in place related to the subordinated debentures. See Note 12 "Derivative Instruments" in our audited annual consolidated financial statements in this Form 10-K for more details regarding this activity. The combined impact of the maturation of existing and new agreements in place resulted in an increase of 90 basis points in the average rate paid on these instruments. 78
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Analysis of the Allowance for Credit Losses
Set forth in the table below are the changes in the allowance for loan losses for each of the periods presented.
Years Ended December 31, (in thousands) 2022 2021 2020 2019 2018
Balance at the beginning of the period
$ 52,223 $ 61,762 $ 72,000 Cumulative effect of adoption of accounting principle (1) 18,674 - - - - Charge-offs Domestic Loans: Real estate loans Commercial real estate (CRE) Nonowner occupied$ (3,852) $ (11,062) $ - $ -$ (5,839) Single-family residential (10) (218) (27) (136) (27) Owner occupied - - (75) - - (3,862) (11,280) (102) (136) (5,866) Commercial (9,114) (13,227) (29,883) (2,970) (3,662) Consumer and others (9,122) (3,273) (573) (638) (167) (22,098) (27,780) (30,558) (3,744) (9,695) International Loans (2): Commercial - - (34) (62) (1,473) Single-family residential (4) - - - - Consumer and others (4) - (269) (5,033) (1,392) (8) - (303) (5,095) (2,865) Total Charge-offs$ (22,106) $ (27,780) $ (30,861) $ (8,839) $ (12,560) Recoveries Domestic Loans: Real estate loans Commercial real estate (CRE) Nonowner occupied $ - $ - $ - $ -$ 39 Multi-family residential - - - - - Land development and construction loans 47 125 - 190 173 47 125 - 190 212 Single-family residential 199 131 120 230 176 Owner occupied - - - 19 891 246 256 120 439 1,279 Commercial 1,714 1,825 319 1,207 435 Consumer and others 134 345 58 13 46 2,094 2,426 497 1,659 1,760 International Loans (2): Real Estate Single-family residential - - - - 4 Commercial 971 788 124 485 41 Consumer and others 23 63 299 306 142 994 851 423 791 187 Total Recoveries$ 3,088 $ 3,277 $ 920 $ 2,450 $ 1,947 Net charge-offs (19,018) (24,503) (29,941) (6,389) (10,613) Provision for (reversal of) credit losses 13,945 (16,500) 88,620 (3,150) 375
Balance at the end of the period
$ 110,902 $ 52,223 $ 61,762 79
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______________
(1) See Note 1 to our audited annual consolidated financial statements in this
Form 10-K for details on the adoption of the new accounting standard on
estimating expected credit losses on financial instruments (CECL).
(2) Includes transactions in which the debtor or the customer is domiciled
outside the
2022 compared to 2021
The Company adopted CECL in 2022 using a modified retrospective approach. As a result of the CECL adoption, the ACL increased$18.9 million as ofJanuary 1, 2022 . The Company recorded a provision for credit losses of$13.9 million in 2022, compared to a release from the ACL of$16.5 million in 2021. Also the company recorded$19.0 million in net charge-offs, a decrease compare to $24MM in 2021. The$13.9 million provision for credit losses in 2022 includes$17.7 million for loan growth and$15.2 million in additional reserves requirements for charge-off on loans which had no reserves from previous periods. These results were partially offset by releases from the ACL in 2022, including: (i)$15.9 million as a result of loss factor updates; and (ii) 3.1 million due to recoveries. While most of the measures and restrictions enacted during the COVID-19 pandemic have been lifted, and businesses have reopened, generally, the Company cannot predict when circumstances may change and whether restrictions that have been lifted will need to be imposed or tightened in the future if viewed as necessary due to public health concerns. Given the uncertainty regarding the spread and severity of the COVID-19 pandemic and its adverse effects on theU.S. and global economies, the impact to the Company's loan portfolio cannot be accurately predicted at this time. Additionally, in lateSeptember 2022 , the Hurricane impacted several countries in theCaribbean , and theU.S. , causing significant damage, and disrupting businesses in several regions, including several South andCentral Florida counties in which the Company does business, including theTampa Bay ,Port Charlotte ,Naples andOrlando markets and their surrounding areas. See - "Hurricane Ian" in "Item1- Business" for more information about the Hurricane. The Company has not identified any significant impacts to the loan portfolio of the Company deemed to be located in the areas that may have been meaningfully impacted by the Hurricane, and the Company has not identified any immediate significant impact to the collateral securing the loans in the exposed loan portfolio in the region. The Company has been in contact with the impacted borrowers and has been performing site visits as well. Since there is significant uncertainty with respect to the full extent of the negative impacts due to the unprecedented nature of the Hurricane, the Company's estimates with respect to the loan portfolio potentially impacted and the ACL are based on judgment and subject to change as conditions evolve. The Company will continue to carefully assess and review the exposure of the portfolios to hurricane-related factors, economic trends and their effect on credit quality and that assessment and review could result in further loan loss provisions in future periods. There was no impact to ourTampa, FL operation as a result of the Hurricane. 80
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During 2022, charge-offs decreased$5.7 million , or 20.4%, compared to 2021. In 2022, charge-offs included: (i)$6.1 million related to two commercial nonaccrual loans paid off during the period, including$3.6 million related to aMiami -basedU.S. coffee trader ("the Coffee Trader") and$2.5 million related to other loan; (ii)$3.9 million related to aNew York based non-owner occupied loan; (iii)$3.0 million related to multiple commercial loans, and (iv) an aggregate$9.1 million related to multiple consumer loans. In 2022, the Company changed its policy for charging off unsecured consumer loans when balances are past-due 90 days or more. Previously, the Company charged-off these loan types when balances were 120 days past due. The Company believes this change is in line with prevalent practices in the marketplace. As a result of the change in policy, charge-offs in 2022 include$3.4 million from this policy change. In 2021, charge-offs included: (i)$11.1 million related to two non-owner occupied loans, including$7.9 million related to a single-tenant loan inNew York which was sold in the fourth quarter of 2021, and$3.2 million related to a loan inNew York transferred to OREO in the third quarter of 2021; (ii)$13.2 million primarily related to commercial loans, mainly comprised of$5.7 million in connection with the Coffee Trader, and a total of$5.6 million related to four commercial loans over$1 million each, and (iii) an aggregate of$3.1 million of charge-offs related to consumer loans purchased under indirect lending programs. The ratio of net charge-offs over the average total loan portfolio held for investment was 0.32% in 2022 compared to 0.44% in 2021. In the fourth quarter of 2022, the Company placed in nonaccrual status aNew York -based non-owner occupied loan in the retail industry with a carrying amount of$24.0 million . The Company had charged-off$3.9 million in the fourth quarter of 2022. The Company is in the process of obtaining title to the property and expects to complete the transfer to OREO in the first quarter of 2023. As ofDecember 31, 2021 , the Coffee Trader had an outstanding balance of approximately$9.1 million . In the second quarter of 2022, the Company collected a partial principal payment of$5.5 million and charged off the remaining balance of$3.6 million against the ACL. Therefore, as ofDecember 31, 2022 , there were no outstanding balances associated with this loan relationship. During 2022, consistent with the Company's applicable policy, the Company obtained independent third-party collateral valuations on all real estate securing non-performing loans with existing valuations older than 12-months, to support current ACL levels. No additional provision for credit loss was deemed necessary as a result of these valuations. We continue to proactively and carefully monitor the Company's credit quality practices, including examining and responding to patterns or trends that may arise across certain industries or regions. 81
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Noninterest Income
The table below sets forth a comparison for each of the categories of noninterest income for the periods presented.
Years Ended December 31, Change (in thousands, except 2022 2021 2020 2022 vs 2021 2021 vs 2020 percentages) Amount % Amount % Amount % Amount % Amount % Deposits and service fees$ 18,592 27.6 %$ 17,214 14.3 %$ 15,838 21.6 %$ 1,378 8.0 %$ 1,376 8.7 % Brokerage, advisory and fiduciary activities 17,708 26.3 % 18,616 15.4 % 16,949 23.1 % (908) (4.9) % 1,667 9.8 % Loan-level derivative income (1) 10,360 15.4 % 3,951 3.3 % 3,173 4.3 % 6,409 162.2 % 778 24.5 % Change in cash surrender value of bank owned life insurance (BOLI)(2) 5,406 8.0 % 5,459 4.5 % 5,695 7.8 % (53) (1.0) % (236) (4.1) % Cards and trade finance servicing fees 2,276 3.4 % 1,771 1.5 % 1,346 1.8 % 505 28.5 % 425 31.6 % Gain on sale of sale ofHeadquarters Building (3) - - % 62,387 51.7 % - - % (62,387) - % 62,387 N/M Securities (losses) gains, net (4) (3,689) (5.5) % 3,740 3.1 % 26,990 36.7 % (7,429) (198.6) % (23,250) (86.1) % Gain (loss) on early extinguishment of FHLB advances, net 10,678 15.9 % (2,488) (2.1) % (73) (0.1) % 13,166 N/M (2,415) N/M Derivatives gains (losses,) net (5) 455 1 % - - % - - % 455 N/M - - % Other noninterest income (6)(7) 5,491 8.2 % 9,971 8.3 % 3,552 4.8 % (4,480) (44.9) % 6,419 180.7 % Total noninterest income$ 67,277 100.0 %$ 120,621 100.0 %$ 73,470 100.0 %$ (53,344) (44.2) %$ 47,151 64.2 % __________________ (1) Income from interest rate swaps and other derivative transactions with customers. The Company incurred expenses related to derivative transactions with customers of$8.1 million ,$0.8 million and$0.3 million in 2022, 2021 and 2020, respectively, which are included in noninterest expenses. (2) Changes in cash surrender value of BOLI are not taxable. (3) The Company sold itsCoral Gables headquarters for$135.0 million , with an approximate carrying value of$69.9 million at the time of sale and transaction costs of$2.6 million . The Company leased-back the property for an 18-year term. (4) Includes: (i) net loss on sale of debt securities of$2.4 million in the 2022 and net gains on sale of debt securities of$4.3 million and$26.5 million in 2021 and 2020, respectively, and (ii) and unrealized losses of$1.3 million and$0.6 million in 2022 and 2021, respectively and unrealized gains of$0.5 million in 2020 related to the change in fair value of marketable equity securities not held for trading. In addition, includes realized losses of$42 thousand on the sale of a mutual fund with a fair value of$23.4 million at the time of the sale in 2021. (5) Net unrealized gains and losses related to uncovered interest rate caps with clients. (6) Includes: (i) mortgage banking income of$3.4 million and$1.7 million in 2022 and 2021, respectively, primarily consisting of gain on sale of loans, gain on loans market valuation, other fees and smaller sources of income; (ii) a gain of$3.8 million on the sale of PPP loans in 2021, and (iii) a loss of$1.7 million on the sale of theBeacon Operations Center in 2020. Other sources of income in the periods shown include income from foreign currency exchange transactions with customers and valuation income on the investment balances held in the non-qualified deferred compensation plan. (7) Beginning in 2022, rental income associated with the subleasing of portions of the Company's headquarters building is presented as a reduction to rent expense under lease agreements under occupancy and equipment cost (included as part of other noninterest income in 2021 in connection with the previously-owned headquarters building). In addition, in 2022, we had additional rental income in connection with the sublease of the NYC office space. Total rental income from subleases was$3.3 million ,$2.9 million and$3.0 million , in 2022, 2021 and 2020, respectively. N/M Means not meaningful 2022 compared to 2021 Total noninterest income decreased$53.3 million , or 44.2%, in 2022 compared to 2021. These results were mainly due to: (i) the absence of a gain of$62.4 million on the sale of the Company's headquarters building in 2021 further described below; (ii) lower net gains on securities of$7.4 million , primarily due to lower gains on sale of debt securities available for sale and a loss of$2.5 million on the sale of corporate securities, mainly private-label commercial mortgage-backed securities; (iii) lower other noninterest income, and (iv) lower total brokerage, advisory and fiduciary activities. These results were partially offset by: (i) higher net gains on the early extinguishment of FHLB advances; (ii) higher loan-level derivative income; (iii) higher deposit and service fees; (iv) net unrealized gains on derivative valuation of$0.5 million in 2022 related to interest rate caps with clients, and (v) higher cards and trade finance servicing fees. 82
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In 2022, the Company recorded total net gains of
Other noninterest income decreased$4.5 million , or 44.9%, in 2022 compared to 2021, mainly due to the absence of a gain of$3.8 million on the sale of$95.1 million of PPP loans in 2021. This was partially offset by: (i) an increase in mortgage banking income of$1.7 million in 2022 compared to 2021, and (ii) higher income from foreign currency exchange transactions with customers. Beginning in 2022, rental income associated with the subleasing of portions of the Company's headquarters building is presented as a reduction to rent expense under lease agreements under occupancy and equipment cost (included as part of other noninterest income in 2021 in connection with the previously-owned headquarters building). Rental income from this source was$2.9 million in each 2022 and 2021. In addition, 2022 includes additional rental income of$0.4 million associated with the sublease of NY office space.
Brokerage, advisory and fiduciary activity fees decreased
Our AUM totaled$2.0 billion atDecember 31, 2022 , a decrease of$225.4 million , or 10.1%, from$2.22 billion atDecember 31, 2021 , primarily driven by lower market valuations, due to decreased valuations in equity and fixed income markets. Loan-level derivative income increased$6.4 million , or 162.2%, in 2022 compared to 2021, mainly driven by a higher volume of interest rate swap transactions with clients. Deposits and service fees increased$1.4 million , or 8.0%, in 2022 compared to 2021, mainly driven by higher service charge fee income and higher wire transfer fees from increased activity.
Cards and trade finance servicing fees increased
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Noninterest Expense
The table below presents a comparison for each of the categories of noninterest expense for the periods presented.
Years Ended December 31, Change (in thousands, except 2022 2021 2020 2022 vs 2021 2021 vs 2020 percentages) Amount % Amount % Amount % Amount % Amount % Salaries and employee benefits (1)$ 123,510 51.2 %$ 117,585 59.3 %$ 111,469 62.4 %$ 5,925 5.0 %$ 6,116 5.5 % Occupancy and equipment (2)(3) 27,393 11.3 % 20,364 10.3 % 17,624 9.9 % 7,029 34.5 % 2,740 15.5 % Professional and other services fees (4) 22,142 9.2 % 19,096 9.6 % 13,129 7.3 % 3,046 16.0 % 5,967 45.4 % Telecommunications and data processing 14,735 6.1 % 14,949 7.5 % 12,931 7.2 % (214) (1.4) % 2,018 15.6 % Loan-level derivative expense(5) 8,146 3.4 % 815 0.4 % 330 0.2 % 7,331 899.5 % 485 147.0 % Depreciation and amortization(6) 5,883 2.4 % 7,269 3.7 % 9,385 5.3 % (1,386) (19.1) % (2,116) (22.5) %FDIC assessments and insurance 6,598 2.7 % 6,423 3.2 % 6,141 3.4 % 175 2.7 % 282 4.6 % Loans held for sale valuation expense (7) 159 0.1 % - - % - - % 159 N/M - - % Other real estate owned valuation expense (8) 3,408 1.4 % - - % - - % 3,408 N/M - - % Contract termination costs (9) 7,103 2.9 % - - % - - % 7,103 N/M - - % Advertising expenses 11,620 4.8 % 3,382 1.7 % 1,600 0.9 % 8,238 243.6 % 1,782 111.4 % Other operating expenses (10) 10,716 4.5 % 8,359 4.3 % 6,127 3.4 % 2,357 28.2 % 2,232 36.4 % Total noninterest expenses (11)$ 241,413 100.0 %$ 198,242 100.0 %$ 178,736 100.0 %$ 43,171 21.8 %$ 19,506 10.9 % ____________ (1) Include severance expense of$3.0 million ,$3.6 million and$6.4 million in 2022, 2021 and 2020, respectively. Severance expenses in 2022 were primarily related to the elimination of certain support functions due to the restructuring of business lines, as well severance expenses in connection with changes in certain positions. Severance expenses in 2021 were mainly in connection with the departure of the Company's COO, the elimination of various support function positions, and other actions. In 2020, severance expenses were primarily in connection with a voluntary early retirement plan for certain eligible long-term employees ( the "2020 Voluntary Plan") and an involuntary severance plan for certain other positions (the "2020 Involuntary Plan"). See Note 1 to our audited annual consolidated financial statements in this Form 10-K for more details on the 2020 Voluntary Plan and the 2020 Involuntary Plan. (2) In 2022 and 2021, includes ROU asset impairment charges of$1.6 million and$0.8 million , respectively, in connection with the closure of a branch inPembroke Pines, Florida in 2022, and the close of our NY loan production office in 2021. In addition, in 2022 and 2021, includes lease termination expenses associated with the closure of a branch inFort Lauderdale, Florida in 2021. (3) Beginning in the three months endedMarch 31, 2022 , rental income associated with the subleasing of portions of the Company's headquarters building is presented as a reduction to rent expense under lease agreements under occupancy and equipment cost (included as part of other noninterest income in 2021 in connection with the previously-owned headquarters building). In addition, in 2022, we had additional rental income in connection with the sublease of the NYC office space. Total rental income from subleases was$3.3 million ,$2.9 million and$3.0 million , in 2022, 2021 and 2020, respectively. (4) In 2022, includes additional expenses of$3.6 million , including: (i)$2.9 million resulting from the Company's transition to our new technology provider; (ii)$0.2 million in connection with certain search and recruitment expenses; (iii)$0.1 million of costs associated with the subleasing of theNew York office space, and (iv) an aggregate of$0.4 million in other non-routine expenses. In 2021, includes additional expenses of$1.5 million , including: (i)$0.8 million of expenses in connection with the merger and related transactions, and (ii)$0.7 million resulting from the Company's transition to our new technology provider. (5) Includes service fees in connection with our loan-level derivative income generation activities. (6) In 2021 and 2020, includes$1.8 million and$2.1 million , respectively, of depreciation expense associated with the Company's previously owned headquarters building. No depreciation expense related to the headquarters building was recorded in 2022 as this property was sold and leased-back in the fourth quarter of 2021. (7) Valuation allowance as a result of changes in the fair value of loans held for sale carried at the lower of cost or fair value. (8) Fair value adjustment related to one OREO property inNew York . (9) Estimated contract terminations and related costs associated with third party vendors resulting from the Company's transition to our new technology provider. (10) Includes charitable contributions, community engagement, postage and courier expenses, provisions for estimated credit losses on contingent loans, and debits which mirror the valuation income on the investment balances held in the non-qualified deferred compensation plan in order to adjust our liability to participants of the deferred compensation plan. (11) Includes$12.5 million and$7.1 million in 2022 and 2021, respectively, related to mortgage banking activities, primarily consisting of salaries and employee benefits, mortgage lending costs and professional and other services fees. NM Means not meaningful 84
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2022 compared to 2021
Noninterest expense increased$43.2 million , or 21.8%, in 2022 compared to 2021, mainly driven by advertising expenses, loan-level derivative expenses, occupancy and equipment costs, salaries and employee benefits, professional and other services fees and other operating expenses. Also, in 2022, the Company incurred additional expenses, including: (i)$7.1 million of estimated contract termination costs associated with third party vendors resulting from the Company's transition to our new technology provider; (ii) a non-routine charge of$3.4 million resulting from changes in the estimated fair value and related disposition costs of one OREO property inNew York , and (iii) a valuation allowance of$0.2 million related to the change in fair value ofNew York loans held for sale. These increases were partially offset by lower depreciation and amortization expenses. Advertising expenses increased$8.2 million , or 243.6%, in 2022 compared to 2021, mainly as a result of the Company's efforts to build brand awareness as well as account opening campaigns and different market efforts to drive or increase digital and branch traffic. These impactful campaigns include out-of-home advertising and various campaigns via social media and public relations. In addition, inJuly 2022 , we entered into a new multi-year agreement to become the official bank of the NBA'sMiami Heat and we also entered into a new multi-year agreement as a proud partner of the NHL'sFlorida Panthers (the "Florida Panthers"). Also, inNovember 2022 , the Company expanded its partnership with theFlorida Panthers by entering into a multi-year agreement to become the official bank of the sport team. Furthermore, we continue to leverage other local partnerships with theUniversity of Miami Athletics ,United Way andHabitat for Humanity .
Loan-level derivative expense increased
Occupancy and equipment expenses increased$7.0 million , or 34.5%, in 2022 compared to 2021, mainly driven by additional rent expense of$10.1 million associated with the previously-owned headquarters building, as this property was sold and leased-back in the fourth quarter of 2021. In addition, in 2022, the Company recorded a lease impairment charge of$1.6 million related to the closure of a branch, inPembroke Pines, Florida . These increases were partially offset by the absence of a lease impairment of$0.8 million in 2021 in connection with the closing of the New York LPO. Additionally, beginning in the three months endedMarch 31, 2022 , rental income associated with the subleasing of portions of the Company's headquarters building is presented as a reduction to rent expense under lease agreements under occupancy and equipment cost (included as part of other noninterest income in 2021 in connection with the previously-owned headquarters building). Rental income from this source was$2.9 million in each 2022 and 2021. In addition, 2022 includes additional rental income of$0.4 million associated with the sublease of NY office space. Salaries and employment benefits increased$5.9 million , or 5.0%, in 2022 compared to 2021, mainly due to: (i) higher non-equity variable compensation; (ii) higher equity variable compensation in connection with the long term incentive program; (iii) commissions paid primarily related to loan origination efforts in the mortgage banking area, and (iv) additional compensation expenses in connection with a new employee stock repurchase plan launched in 2022. These results were partially offset by: (i) lower severance expenses, and (ii) decreases in salaries and employee benefits related to staff reductions resulting from our ongoing transformation and efficiency improvement efforts. AtDecember 31, 2022 , our FTEs were 692, a net decrease of 71 FTEs, or 9.3% compared to 763 FTEs atDecember 31, 2021 . In the second quarter of 2022, the company rebalanced its workforce in the mortgage banking business in light of current market conditions. In addition, as a result of the Company's agreement with our new technology provider there were 80 FTEs who were moved to FIS® at the beginning of 2022, reducing the Company's total FTEs to 683 effectiveJanuary 1, 2022 . Professional and other services fees increased$3.0 million , or 16.0%, in 2022 compared to 2021, mainly driven by: (i) an increase of$2.2 million in consulting fees resulting from the Company's transition to our new technology provider; (ii) higher expenses related to the onboarding of a new firm as a result of the outsourcing of the Company's internal audit function late in the third quarter of 2021; (iii) higher search and recruitment expenses, and (iv) higher accounting fees in connection with the CECL adoption in 2022. 85
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Other operating expenses increased$2.4 million , or 28.2%, in 2022 compared to 2021. This includes increases in indirect loan costs, contributions and donations, public relations expenses, OREO real estate taxes, other smaller expenses. In addition, in 2022 the Company had no provision or reversals for estimated expected credit losses on contingent loans, compared to a reversal of$0.3 million in 2021. Depreciation and amortization expense decreased$1.4 million , or 19.1%, in 2022 compared to 2021.This was mainly due to the absence of depreciation expense related to the Company's previously-owned headquarters building, as this property was sold and leased-back in the fourth quarter of 2021. In 2021, the Company recorded$1.8 million of depreciation expense associated with the headquarters building. In 2022 and 2021, there were expenses in connection with our mortgage banking operation of$12.5 million and$7.1 million , respectively. These expenses included: (i)$8.9 million and$5.5 million in 2022 and 2021, respectively, related to salaries and employee benefits expenses, and (ii)$3.6 million and$1.6 million in 2022 and 2021, respectively, related to mortgage lending costs, professional fees and other noninterest expenses. We commenced our mortgage banking operation inMay 2021 . 86
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Income Taxes
The table below sets forth information related to our income taxes for the periods presented. (in thousands, except Years Ended December 31, Change percentages) 2022 2021 2020 2022 vs 2021 2021 vs 2020 Income (loss) before income tax expense (benefit)$ 78,584 $ 144,020 $ (4,334) (65,436) (45.4) %$ 148,354 NM Current tax expense: Federal 15,609 23,225 7,401 (7,616) (32.8) % 15,824 213.8 % State 1,116 4,681 2,163 (3,565) (76.2) % 2,518 116.4 % 16,725 27,906 9,564 (11,181) (40.1) % 18,342 191.8 % Deferred tax expense (benefit) (104) 5,803 (12,176) (5,907) (101.8) % 17,979 (147.7) % Income tax expense (benefit)$ 16,621 $ 33,709 $ (2,612) $ (17,088) (50.7) %$ 36,321 NM Effective income tax rate 21.15 % 23.41 % 60.27 % (2.26) % (9.7) % (36.86) % (61.2) % ______________
NM - means not meaningful
2022 compared to 2021
We recorded an income tax expense of$16.6 million in 2022 compared to$33.7 million in 2021. The decrease in income tax expense in 2022 was mainly driven by lower income before income taxes in 2022 compared to 2021, as prior year included a$62.4 million gain on sale of the Company's headquarters building in 2021.In addition, there was a lower effective income tax rate in 2022 compared to the prior year, primarily due to lower state income tax and the rate differential on deferred items. As ofDecember 31, 2022 , the Company's net deferred tax asset was$48.7 million , an increase of$37.4 million , or 331.0% compared to$11.3 million as ofDecember 31, 2021 . This increase is primarily due to the tax effect of: (i)$32.4 million increase in connection with$127.7 million in net unrealized holding losses on debt securities available for sale in 2022, and (ii)$4.8 million increase in connection with the adoption of the CECL accounting standard in 2022. 87
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Non-GAAP Financial Measures The Company supplements its financial results that are determined in accordance with GAAP with non-GAAP financial measures, such as "pre-provision net revenue (PPNR)", "core pre-provision net revenue (Core PPNR),"and "tangible stockholders' equity book value per common share". This supplemental information is not required by or is not presented in accordance with GAAP. The Company refers to these financial measures and ratios as "non-GAAP financial measures" and they should not be considered in isolation or as a substitute for the GAAP measures presented herein. We use certain non-GAAP financial measures, including those mentioned above, both to explain our results to shareholders and the investment community and in the internal evaluation and management of our businesses. Our management believes that these non-GAAP financial measures and the information they provide are useful to investors since these measures permit investors to view our performance using the same tools that our management uses to evaluate our past performance and prospects for future performance, especially in light of the Company's adoption of CECL in the year endedDecember 31, 2022 , as well as the additional costs we have incurred in connection with the Company's restructuring activities that began in 2018 and continued in 2022, including the effect of non-core banking activities such as the sale of loans and securities, the valuation of securities, derivatives, loans held for sale and other real estate owned, the sale of our corporate headquarters in the fourth quarter of 2021, and other non-routine actions intended to improve customer service and operating performance. While we believe that these non-GAAP financial measures are useful in evaluating our performance, this information should be considered as supplemental and not as a substitute for or superior to the related financial information prepared in accordance with GAAP. Additionally, these non-GAAP financial measures may differ from similar measures presented by other companies. 88
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The following table is a reconciliation of the Company's PPNR and Core PPNR, non GAAP financial measures, as of the dates presented:
December 31, (in thousands) 2022 2021 Net income attributable to Amerant Bancorp Inc.$ 63,310 $ 112,921 Plus: provision for (reversal of) credit losses (1) 13,945
(16,500)
Plus: provision for income tax expense (2) 16,621
33,709
Pre-provision net revenue (PPNR)$ 93,876 $ 130,130 Plus: non-routine noninterest expense items 18,970
7,057
Less: non-routine noninterest income items (7,367)
(67,280)
Core pre-provision net revenue (Core PPNR)$ 105,479
Non-routine noninterest income items: Gain on sale of Headquarters building (2) - 62,387 Derivative gains, net 455 - Securities (loss) gains, net (3,689) 3,740
Gain (loss) on early extinguishment of FHLB advances, net 10,678
(2,488)
(Loss) gain on sale of loans (77)
3,641
Total non-routine noninterest income items$ 7,367
Non-routine noninterest expense items Restructuring costs (3) Staff reduction costs (4) 3,018
3,604
Contract termination costs (5) 7,103
-
Legal and Consulting fees (6) 3,625
1,689
Digital transformation expenses 45 412 Lease impairment charge (7) 1,579 810 Branch closure expenses (8) 33 542 Total restructuring costs$ 15,403 $ 7,057 Other non-routine noninterest expense items: Other real estate owned valuation expense (9) 3,408
-
Loans held for sale valuation (reversal) expense (10) 159
-
Total non-routine noninterest expense items$ 18,970
(1) The Company adopted CECL onJanuary 1, 2022 . See Note 1 to our audited annual consolidated financial statements in this Form 10-K for details on the adoption of the new accounting standard on estimating expected credit losses on financial instruments (CECL). (2) The Company sold itsCoral Gables headquarters for$135 million , with an approximate carrying value of$69.9 million at the time of sale and transaction costs of$2.6 million . The Company leased-back the property for an 18-year term. The provision for income tax expense includes approximately$16.1 million related to this transaction in the year endedDecember 31, 2021 . (3) Expenses incurred for actions designed to implement the Company's strategy. These actions include, but are not limited to, reductions in workforce, streamlining operational processes, rolling out the Amerant brand, implementation of new technology system applications, enhanced sales tools and training, expanded product offerings and improved customer analytics to identify opportunities. (4) In 2022, includes expenses primarily in connection with changes in certain positions within our business units, restructuring of business lines and the outsourcing of certain support functions. In 2021, includes expenses in connection with the departure of the Company's Chief Operating Officer and the elimination of various other support function positions, including the NYC LPO. (5) Contract termination and related costs associated with third party vendors resulting from the Company's engagement of FIS. (6) In the year endedDecember 31, 2022 , includes: (i)$2.9 million in connection with the engagement of FIS; (ii)$0.2 million in connection with certain search and recruitment expenses; (iii)$0.1 million of costs associated with the subleasing of theNew York office space, and (iv) an aggregate of$0.4 million in other expenses. In the year endedDecember 31, 2021 , includes: (i) expenses in connection with the engagement of FIS of$0.7 million , and (ii) expenses in connection with the Merger and related transactions of$0.8 million . (7) In the year endedDecember 31, 2022 and 2021, includes$1.6 million and$0.8 million , respectively, of ROU asset impairment associated with the closure of a banking center inPembroke Pines, Florida in 2022, and in connection with the closure of the NYC loan production office in 2021. (8) Expenses related to the banking center lease termination inWellington ,Florida in 2022, the lease termination of theFort Lauderdale banking center in 2021. (9) Fair value adjustment related to one OREO property inNew York . (10) Fair value adjustment related to theNew York loan portfolio held for sale carried at the lower of cost or fair value. 89
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The following table is a reconciliation of the Company's tangible common equity and tangible assets, non GAAP financial measures, to total equity and total assets, respectively, as of the dates presented:
(in thousands, except percentages and per share amounts) December 31, 2022 December 31, 2021 Stockholders' equity $ 705,726 $ 831,873 Less: goodwill and other intangibles (1) (23,161) (22,528) Tangible common stockholders' equity $ 682,565 $ 809,345 Total assets 9,127,804 7,638,399 Less: goodwill and other intangibles (1) (23,161) (22,528) Tangible assets$ 9,104,643 $ 7,615,871 Common shares outstanding 33,815,161 35,883,320 Tangible common equity ratio 7.50 % 10.63 % Stockholders' book value per common share $ 20.87 $ 23.18 Tangible stockholders' book value per common share $ 20.19 $ 22.55 (1) Other intangible assets primarily consist of mortgage servicing rights ("MSRs") of$1.3 million and$0.6 million atDecember 31, 2022 and 2021, respectively, and are included in other assets in the Company's consolidated balance sheets. 90
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Financial Condition - Comparison of Financial Condition as of
Assets. Total assets were$9.1 billion as ofDecember 31, 2022 , an increase of$1.5 billion , or 19.5%, compared to$7.6 billion atDecember 31, 2021 . This result was primarily driven by increases of: (i)$1.3 billion , or 24.3% in total loans held for investment, net of the allowance for credit losses, and loans held for sale; (ii)$123.9 million , or 104.9% in debt securities held to maturity, and (iii)$63.5 million , or 68.7%, in other assets. These increases were partially offset by a decrease of$117.7 million , or 10.0% in debt securities available for sale. See "-Average Balance Sheet, Interest and Yield/Rate Analysis" for detailed information, including changes in the composition of our interest-earning assets. Other assets were$156.0 million as ofDecember 31, 2022 , an increase of$63.5 million , or 68.7%, compared to$92.5 million atDecember 31, 2021 , primarily driven by changes in the estimated fair value of derivative instruments as a result of changes in market interest rates during the period. See Note 12 to our audited annual consolidated financial statements in this Form 10-K for more details on derivative instruments. Total assets were$7.6 billion as ofDecember 31, 2021 , a decline of$132.5 million , or 1.7%, compared to$7.8 billion atDecember 31, 2020 . The decrease in total assets in 2021 compared to 2020 includes$233.8 million , or 4.1% in lower total loans, including loans held for sale, and net of the allowance for loan losses. This decrease in total loans was partially offset by: (i) an increase of$59.8 million , or 27.9% in cash and cash equivalents, and (ii) an increase of$(1.3) million , or (1.4)% in other assets mainly driven by the adoption of the new accounting guidance on leases. See "-Average Balance Sheet, Interest and Yield/Rate Analysis" for detailed information, including changes in the composition of our interest-earning assets, and Note 1 to our consolidated audited financial statements in this Form 10-K for more details on the new guidance on leases. Cash and Cash Equivalents 2022 compared to 2021 Cash and cash equivalents totaled$290.6 million atDecember 31, 2022 , an increase of$16.4 million , or 6.0%, from$274.2 million atDecember 31, 2021 . This was primarily due to new restricted cash balances in 2022. AtDecember 31, 2022 , the Company's cash and cash equivalents included restricted cash of$42.2 million , which was held primarily to cover margin calls on derivative transactions with certain brokers. These balances primarily increased due to cash collateral held in response to the change in fair value of derivative instruments. There were no restricted cash balances atDecember 31, 2021 . Cash flows used in operating activities was$49.2 million in the year endedDecember 31, 2022 , primarily driven by higher volume of originations of mortgage loans held for sale during the period. This was partially by: (i) higher volume of sales of mortgage loans held for sale during the period, and (ii) the net income before attribution of non-controlling interest of$62.0 million in 2022. Net cash used in investing activities was$1.4 billion during the year endedDecember 31, 2022 , mainly driven by: (i) a net increase in loans of$1.3 billion , and (ii) purchases of investment securities totaling$457.4 million . These disbursements were partially offset by: (i) maturities, sales, calls and paydowns of investment securities totaling$292.0 million , and (ii) proceeds from loan sales of$84.0 million . 91
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In the year endedDecember 31, 2022 , net cash provided by financing activities was$1.5 billion . These activities included: (i) a net increase of$1.0 billion in total demand, savings and money market deposit balances; (ii) a net increase of$390.4 million in time deposits; (iii) net proceeds from FHLB advances of$105.7 million , and (iv) net proceeds from the issuance of subordinated notes of$29.1 million . These proceeds were partially offset by: (i) an aggregate$72.1 million in connection with the repurchase of shares of Class A common stock under stock repurchase programs launched in 2021 and in 2022, and (ii)$12.2 million of dividends declared and paid by the Company in 2022. See "-Capital Resources and Liquidity Management" for more details on changes in FHLB advances, issuance of subordinated notes and the stock repurchase programs launched in 2021 and 2022. Loans Loans are our largest component of interest-earning assets. The table below depicts the trend of loans as a percentage of total assets and the allowance for loan losses as a percentage of total loans held for investment for the periods presented. December 31, (in thousands, except percentages) 2022 2021 2020 Total loans, gross (1)$ 6,919,632 $ 5,567,540 $ 5,842,337 Total loans, gross (1) / Total assets 75.8 % 72.9 % 75.2 % Allowance for credit losses (2)$ 83,500
1.22 % 1.29 % 1.90 % Total loans, net (3)$ 6,836,132 $ 5,497,641 $ 5,731,435 Total loans, net (3) / Total assets 74.9 % 72.0 % 73.8 % _______________ (1) Total loans, gross is the principal balance of outstanding loans, including loans held for investment and loans held for sale, net of unamortized deferred nonrefundable loan origination fees and loan origination costs, and unamortized premiums paid on purchased loans, excluding the allowance credit loan losses. AtDecember 31, 2021 , the Company had$143.2 million in loans held for sale carried at the lower of cost or estimated fair value. In the third quarter of 2022, these loans held for sale were transferred to the loans held for investment category, therefore, there were no loans held for sale carried at the lower of cost or estimated fair value atDecember 31, 2022 . In addition, atDecember 31, 2022 and 2021, there were$62.4 million and$14.9 million , respectively, in loans held for sale carried at fair value in connection with the Company's mortgage banking activities through its subsidiary Amerant Mortgage. (2) In 2022, the Company adopted a new accounting standard on estimating expected credit losses, or CECL. In 2022, the Company recorded an increase to its ACL of$18.7 million as ofJanuary 1, 2022 , with a corresponding after-tax cumulative effect adjustment to retained earnings of$13.9 million . See Note 1 to our audited consolidated financial statements on this Form 10-K for more details on the adoption of this new accounting standard.. (3) Total loans, net is the principal balance of outstanding loans, including loans held for investment and held for sale, net of unamortized deferred nonrefundable loan origination fees and loan origination costs, and unamortized premiums paid on purchased loans, excluding the allowance for credit losses. 92
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The table below summarizes the composition of loans held for investment by type of loan as of the end of each period presented. International loans include transactions in which the debtor or customer is domiciled outside theU.S. , even when the collateral isU.S. property. All international loans are denominated and payable inU.S. Dollars. December 31, (in thousands) 2022 2021 2020 2019 2018 Domestic Loans: Real estate loans Commercial real estate (CRE) Nonowner occupied$ 1,615,716 $ 1,540,590
820,023 514,679 737,696 801,626 909,439 Land development and construction loans 273,174 327,246 349,800 278,688 326,644 2,708,913 2,382,515 2,837,335 2,972,116 3,045,439 Single-family residential (1) 1,048,396 586,783 543,076 427,431 398,043 Owner occupied 1,046,450 962,538 947,127 894,060 777,022 4,803,759 3,931,836 4,327,538 4,293,607 4,220,504 Commercial loans (2) 1,338,157 942,781 1,103,501 1,190,193 1,306,792 Loans to depository institutions and acceptances (3) 13,292 13,710 16,629 16,547 19,965 Consumer loans and overdrafts (4)(5)(6) 602,793 421,471 241,771 72,555 73,155 Total Domestic Loans 6,758,001 5,309,798 5,689,439 5,572,902 5,620,416 International Loans: Real estate loans Single-family residential (7) 54,449 74,556 96,493 111,671 135,438 Commercial loans 43,077 22,892 51,049 43,850 73,636 Loans to depository institutions and acceptances - - 7 5 49,000 Consumer loans and overdrafts (8) 1,667 2,194 5,349 15,911 41,685 Total International Loans 99,193 99,642 152,898 171,437 299,759
$ 5,842,337 $ 5,744,339 $ 5,920,175 __________________ (1) As of December 31, 2022 and 2021, includes approximately$230.3 million and$23.9 million , respectively, in single-family residential loans purchased by the Company through Amerant Mortgage. (2) As of December 31, 2022, includes approximately$45.3 million in commercial loans and leases originated under a white-label equipment financing solution launched in the second quarter of 2022. (3) Mostly comprised of loans secured by cash or U.S. Government securities. (4) Includes customers' overdraft balances totaling$4.7 million ,$0.6 million ,$0.7 million ,$1.3 million and$1.0 million at each of the dates presented. (5) Includes indirect consumer lending loans purchased with an outstanding balance of$433.3 million and$297.0 million as ofDecember 31, 2022 and 2021, respectively, net of unamortized premium paid of$10.9 million and$9.1 million as ofDecember 31, 2022 and 2021, respectively. There were no indirect consumer lending loans at any of the other periods shown. In addition, as ofDecember 31, 2022 , includes$43.8 million in consumer loans originated under a white-label program launched in the third quarter of 2022. (6) There were no outstanding credit card balances as ofDecember 31, 2022 , 2021 and 2020. AtDecember 31, 2019 , 2018, balances are mostly comprised of credit card extensions of credit to customers with deposits with the Bank. The Company phased out its legacy credit card products in the first quarter of 2020 to further strengthen its credit quality. (7) Secured by real estate properties located in theU.S. (8) International customers' overdraft balances were de minimis at each of the dates presented. 93
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The composition of our CRE loan portfolio held for investment by industry segment atDecember 31, 2022 , 2021 and 2020 is depicted in the following table: December 31, (in thousands) 2022 2021 2020 2019 2018 Retail (1)$ 731,229 $ 751,202 $ 1,062,119 $ 1,143,565 $ 1,081,143 Multifamily 820,023 514,679 737,696 801,626 909,439 Office space 342,248 361,921 390,295 453,328 441,712 Specialty(2) 84,791 86,130 35,210 - - Land and construction 273,174 327,246 349,800 278,688 326,644 Hospitality 324,881 241,336 191,750 198,807 166,415 Industrial and warehouse 132,567 100,001 70,465 96,102 120,086
_______________
(1) Includes loans generally granted to finance the acquisition or operation of non-owner occupied properties such as retail shopping centers, free-standing single-tenant properties, and mixed-use properties primarily dedicated to retail, where the primary source of repayment is derived from the rental income generated from the use of the property by its tenants. As ofDecember 31, 2021 and 2020, these balances were revised to exclude the Specialty industry segment which is now disclosed separately. (2) Includes marinas, nursing and residential care facilities, and other specialty type CRE properties. There were no loans in the Specialty industry segment as ofDecember 31, 2019 and 2018. (3) Includes loans held for investment in the NY loan portfolio, which were$330 million atDecember 31, 2022 and$346.3 million atDecember 31, 2021 . In 2022, the Company reclassified all loans in the NY loans portfolio previously classified as loans held for sale at the lower of cost or fair value, to loans held for investment.
The table below summarizes the composition of our loans held for sale by type of loan as of the end of each period presented
December 31, December 31, December 31, December 31, December 31, (in thousands) 2022 2021 2020 2019 2018 Loans held for sale at the lower of fair value or cost Real estate loans Commercial real estate Non-owner occupied $ -$ 110,271 $ - $ - $ - Multi-family residential - 31,606 - - - - 141,877 - - - Owner occupied - 1,318 - - - Total loans held for sale at the lower of fair value or cost - 143,195 - - - Loans held for sale at fair value (1) Land development and construction loans 9,424 - - - - Single family residential 53,014 14,905 - - - Total loans held for sale at fair value 62,438 14,905 - - - Total loans held for sale (2)$ 62,438 $ 158,100 $ - $ - $ - ______________
(1)Loans held for sale in connection with the Company's mortgage banking
activities through its subsidiary Amerant Mortgage.
(2)Remained current and in accrual status as of
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AtDecember 31, 2022 , there were no loans held for sale carried at the lower of cost or estimated fair value compared to$143.2 million atDecember 31, 2021 . In the years endedDecember 31, 2022 and 2021, the Company sold$57.3 million and$49.4 million , respectively, of these loans at their par value, and collected approximately$20 million and$46 million in full or partial satisfaction of these loans, respectively. In the third quarter of 2022, the Company transferred the remaining balance of these loans held for sale of approximately$66 million to the loans held for investment portfolio, as we now have the intent and ability to hold these loans until maturity or repayment. In 2021, in connection with the closing of our former NYC LPO, the Company elected to market and sell a portion of the loan portfolio held for investment to shorten duration and significantly reduce the number of loans being serviced. Therefore, in 2021, the Company classified certainNew York real estate loans as held for sale carried at the lower of cost or estimated fair value. These loans had been previously carried at their original amortized cost. AtDecember 31, 2022 , there were no CRE loans carried at the lower of cost or estimated fair value. As ofDecember 31, 2021 , CRE loans held for sale carried at the lower of cost or estimated fair value include$85.4 million in the retail segment,$31.6 million in the multifamily segment, and$25.0 million in the office segment. AtDecember 31, 2022 andDecember 31, 2021 , there were$62.4 million and$14.9 million , respectively, of primarily single-family residential loans held for sale carried at their estimated fair value. In 2022, in connection with mortgage loans held for sale, we originated and purchased approximately$286.7 million , and had proceeds of approximately$143.1 million , mainly from the sale of these loans. As ofDecember 31, 2022 , total loans held for investment were$6.9 billion , up$1.4 billion , or 26.8%, compared to$5.4 billion atDecember 31, 2021 . Domestic loans held for investment increased$1.4 billion , or 27.3%, as ofDecember 31, 2022 , compared toDecember 31, 2021 . The increase in total domestic loans held for investment includes net increases of$461.6 million , or 78.7%,$395.4 million , or 41.9%,$326.4 million , or 13.7%,$181.3 million , or 43.0%, and$83.9 million , or 8.7%, in domestic single-family residential loans, commercial loans, CRE loans, consumer loans and owner occupied loans, respectively. The increase in our domestic loan portfolio held for investment in 2022 includes the effect of: (i) originations of CRE and single-family residential loans (ii) origination and cross-sale efforts of commercial loans; (ii) loan purchases of approximately$385.8 million under indirect consumer lending programs; (iii) approximately$173.1 million of single-family residential loans purchased by the Company through its subsidiary Amerant Mortgage; (iv)$47 million of commercial loans originations through a new white label equipment financing solution launched in the second quarter of 2022; and (v) originations of consumer loans of approximately$45 million through a new white-label program launched in the third quarter of 2022. These results were partially offset by loan prepayments during the period.
In 2022, the Company added approximately
As ofDecember 31, 2022 , loans under syndication facilities were$367.0 million , a decline of$22.0 million , or 5.7%, compared to$389.0 million atDecember 31, 2021 . This was primarily driven by payoffs totaling$118.3 million , including$54.2 million in connection with two CRE construction loans, and paydowns of$11 million . This was partially offset by an aggregate of$99.2 million in new loans, including$92.9 million of commercial loans primarily in the specialty finance industry. As ofDecember 31, 2022 , syndicated loans that financed "highly leveraged transactions", or HLT, were$8.5 million , or 0.1% of total loans, compared to$17.1 million , or 0.3% of total loans, as ofDecember 31, 2021 . Loans to international customers, primarily fromLatin America , declined$0.4 million , or 0.5%, as ofDecember 31, 2022 , compared toDecember 31, 2021 . This was mainly driven by loan payoffs, including$20.1 million in residential loans from Venezuelan borrowers and$0.5 million in consumer loans. These decreases were partially offset by a$20.2 million increase in commercial loans. 95
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The following is a brief description of the composition of our loan classes:
Commercial Real Estate (CRE) loans. We provide a mix of variable and fixed rate CRE loans. These are loans secured by non-owner occupied real estate properties and land development and construction loans. Loans secured by non-owner occupied real estate properties are generally granted to finance the acquisition or operation of CRE properties. The main source of repayment of these real estate loans is derived from cash flows or conversion of productive assets and not from the income generated by the disposition of the property held as collateral. These mainly include rental apartment (multifamily) properties, office, retail, warehouses and industrial facilities, and hospitality (hotels and motels) properties mainly inSouth Florida , the greaterHouston, Texas area and the greaterNew York City area, especially the fiveNew York City boroughs. Concentrations in these non-owner occupied CRE loans are subject to heightened regulatory scrutiny. See "Risk Factors- Our concentration of CRE loans could result in further increased loan losses, and adversely affect our business, earnings, and financial condition." Land development and construction loans includes loans for land acquisition, land development, and construction (single or multiple-phase development) of single residential or commercial buildings, loans to reposition or rehabilitate commercial properties, and bridge loans mainly in theSouth Florida , the greaterHouston, Texas area and the greaterNew York City area, especially the fiveNew York City boroughs. Typically, construction lines of credit are funded based on construction progress and generally have a maturity of three years or less. Owner-occupied. Loans secured by owner-occupied properties are typically working capital loans made to businesses in theSouth Florida and the greaterHouston, Texas markets. The source of repayment of these commercial owner-occupied loans primarily comes from the cash flow generated by the occupying business and the real estate collateral serves as an additional source of repayment. These loans are assessed, analyzed, and structured essentially in the same manner as commercial loans. Single-Family Residential. These loans include loans to domestic and foreign individuals primarily secured by their personal residence in theU.S. , including first mortgages on properties mainly located inFlorida , home equity and home improvement loans, mainly inSouth Florida and the greaterHouston, Texas markets. These loans have terms common in the industry. However, loans to foreign clients have more conservative underwriting criteria and terms. 96
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Commercial loans. We provide a mix of variable and fixed rate C&I loans. These loans are made to a diverse range of business sizes, from the small-to-medium-sized to middle market and large companies. These businesses cover a diverse range of economic sectors, including manufacturing, wholesale, retail, primary products and services. We provide loans and lines of credit for working capital needs, business expansions and for international trade financing. These loans include working capital loans, asset-based lending, participations in Shared National Credit facilities, or SNCs (loans of$100 million or more that are shared by two or more institutions), purchased receivables and SBA loans, among others. The tenors may be either short term (one year or less) or long term, and they may be secured, unsecured, or partially secured. Typically, lines of credit have a maturity of one year or less, and term loans have maturities of five years or less. In 2020, the Company began participating in the SBA's PPP, by providing loans to businesses to cover payroll, rent, mortgage, healthcare, and utilities costs, among other essential expenses. In earlyJanuary 2021 , a third round of PPP loans provided additional stimulus relief to small businesses and individuals who were self-employed or independent contractors. In addition, the Company originates equipment loan and leases through a white-label equipment financing solution launched in the second quarter of 2022. Commercial loans to borrowers in similar businesses or products with similar characteristics or specific credit requirements are generally evaluated under a standardized commercial credit program. Commercial loans outside the scope of those programs are evaluated on a case-by-case basis, with consideration of any exposure under an existing commercial credit program. The Bank maintains several commercial credit programs designed to standardize underwriting guidelines, and risk acceptance criteria, in order to streamline the granting of credits to businesses with similar characteristics and common needs. Some programs also allow loans that deviate from credit policy underwriting requirements and allocate maximum exposure buckets to those loans. Loans originated through a program are monitored regularly for performance over time and to address any necessary modifications. Loans to financial institutions and acceptances. These loans primarily include trade financing facilities through letters of credits, bankers' acceptances, pre and post-export financing, and working capital loans, among others. These loans are generally granted for terms not exceeding one year. Since 2019, we have substantially reduced this activity. Consumer loans and overdrafts. These loans include open and closed-end loans extended to domestic and foreign individuals for household, family and other personal expenditures. These loans include automobile loans, personal loans, or loans secured by cash or securities and revolving credit card agreements. These loans have terms common in the industry for these types of loans, except that loans to foreign clients have more conservative underwriting criteria and terms. Beginning in 2020, consumer loans include indirect unsecured personal loans to well qualified individuals we purchase from recognized third parties personal loan originators. All consumer loans are denominated and payable inU.S. Dollars. In 2020, we wound down our credit card program to further strengthen the Company's credit quality and, as a result, there are no credit card receivables outstanding afterDecember 31, 2019 . 97
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The tables below set forth the unpaid principal balance of loans held for
investment by type, by interest rate type (fixed-rate and variable-rate) and by
original contractual loan maturities as of
Due in Due after Due after one year one year five (in thousands) or less through five years (1) Total Fixed-Rate Real estate loans Commercial real estate (CRE) Nonowner occupied$ 99,843 $ 615,444 $ 92,441 $ 807,728 Multi-family residential 27,384 198,663 28,750 254,797 Land development and construction loans - 4,350 - 4,350 127,227 818,457 121,191 1,066,875 Single-family residential 514,591 78,065 112,348 705,004 Owner occupied 24,270 164,702 341,483 530,455 666,088 1,061,224 575,022 2,302,334 Commercial loans 176,642 198,409 123,209 498,260 Loans to financial institutions and acceptances - - - - Consumer loans and overdrafts 46,080 26,916 415,236 488,232$ 888,810 $ 1,286,549 $ 1,113,467 $ 3,288,826 Variable-Rate Real estate loans Commercial real estate (CRE) Nonowner occupied$ 112,842 $ 408,560 $ 286,586 $ 807,988 Multi-family residential 33,263 401,915 130,048 565,226 Land development and construction loans 100,029 165,426 3,369 268,824 246,134 975,901 420,003 1,642,038 Single-family residential 10,793 87,161 299,887 397,841 Owner occupied 44,706 182,452 288,837 515,995 301,633 1,245,514 1,008,727 2,555,874 Commercial loans 452,757 363,082 67,135 882,974 Loans to financial institutions and acceptances - 13,292 - 13,292 Consumer loans and overdrafts 116,228 - - 116,228$ 870,618 $
1,621,888
Total Loans Held For Investment Real estate loans Commercial real estate (CRE) Nonowner occupied$ 212,685 $
1,024,004
60,647 600,578 158,798 820,023 Land development and construction loans 100,029 169,776 3,369 273,174 373,361 1,794,358 541,194 2,708,913 Single-family residential 525,384 165,226 412,235 1,102,845 Owner occupied 68,976 347,154 630,320 1,046,450 967,721 2,306,738 1,583,749 4,858,208 Commercial loans 629,399 561,491 190,344 1,381,234 Loans to financial institutions and acceptances - 13,292 - 13,292 Consumer loans and overdrafts 162,308 26,916 415,236 604,460$ 1,759,428 $ 2,908,437 $ 2,189,329 $ 6,857,194
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(1) Includes a total of$181.1 million of fixed-rate loans (mainly comprised of 53% single-family residential and 40% owner occupied), and$319.3 million of variable-rate loans (mainly comprised of 90% single-family residential and 9% owner occupied), maturing in 10 years or more. Fixed-rate and variable-rate loans maturing in 15 years or more represent 62.3% of total fixed-rate and 72.9% of total variable-rate loans maturing in 10 years or more, respectively, and correspond primarily to single-family residential loans. 98
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As ofDecember 31, 2022 , total loans held for investment include approximately$1.1 billion , or 15.5% of total loans held for investment, of loans that are priced based on variable interest rates tied to the LIBOR, including: (i)$0.3 million that mature in six months or less, and (ii)$0.8 million that mature in more than six months. In December of 2019, the Company appointed a management team charged with the responsibility of monitoring developments related to the proposed alternative reference interest rates to replace LIBOR, and guide the Company through the potential discontinuation of LIBOR. In 2020, the Company launched the LIBOR cessation project to identify and quantify LIBOR exposure in all product categories and lines of business, both on- and off-balance-sheet. During 2021, the Company completed its assessment of all third party-provided products, services, and systems that would be affected by any changes to references to LIBOR, including changes to all relevant systems. Beginning inJanuary 2022 , the Company started referencing new loans and other products, including loan-level derivatives, to the Secured Overnight Financing Rate ("SOFR"). The Company began migrating identified existing loans and derivative contracts from LIBOR to SOFR gradually during 2022.
The tables below set forth the unpaid principal balance of total loans held for
sale by type, by interest rate type (fixed-rate and variable-rate) and by
original contractual loan maturities as of
Due in Due after Due after one year one year five (in thousands) or less through five years Total Fixed-Rate Real estate loans Commercial real estate (CRE) Nonowner occupied $ - $ - $ - $ - Multi-family residential - - - - Land development and construction loans - - 9,424 9,424 - - 9,424 9,424 Single-family residential (1) - - 53,014 53,014 Owner occupied - - - - $ - $ -$ 62,438 $ 62,438 Variable-Rate Real estate loans Commercial real estate (CRE) Nonowner occupied $ - $ - $ - $ - Multi-family residential - - - - $ - $ - $ - $ - Total Loans Held For Sale Real estate loans Commercial real estate (CRE) Nonowner occupied $ - $ - $ - $ - Multi-family residential - - - - Land development and construction loans - - 9,424 9,424 - - 9,424 9,424 Single-family residential (1) - - 53,014 53,014 Owner occupied - - - - Total loans held for sale (2) $ - $ -$ 62,438 $ 62,438 __________________ (1) Loans held for sale carried at their estimated fair value originated by Amerant Mortgage. (2) Remained current and in accrual status as ofDecember 31, 2022 . 99
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Foreign Outstanding
The table below summarizes the composition of our international loan portfolio by country of risk for the periods presented. All of our foreign loans are denominated inU.S. dollars, and bear fixed or variable rates of interest based upon different market benchmarks plus a spread. December 31, 2022 2021 2020 (in thousands, except Net Exposure % Net Exposure % Net Exposure % percentages) (1) Total Assets (1) Total Assets (1) Total Assets Venezuela (2)(3)$ 47,037 0.5 %$ 64,636 0.9 %$ 86,930 1.1 % Other (4) 52,156 0.6 % 35,006 0.4 % 65,968 0.9 % Total$ 99,193 1.1 %$ 99,642 1.3 %$ 152,898 2.0 % _________________ (1) Consists of outstanding principal amounts, net of collateral of cash, cash equivalents or other financial instruments totaling$6.3 million ,$21.1 million and$13.3 million as ofDecember 31, 2022 , 2021 and 2020 respectively. (2) Includes mortgage loans for single-family residential properties located in theU.S. totaling 47.0 million,$64.6 million and$86.7 million as ofDecember 31, 2022 , 2021 and 2020, respectively. (3) There were no outstanding credit card balances as ofDecember 31, 2022 , 2021 and 2020. (4) Includes loans to borrowers in other countries which do not individually exceed one percent of total assets in 2022, 2021 and 2020. As ofDecember 31, 2022 , the maturities of our outstanding international loans were as follows: (in thousands) Less than 1 year(1) 1-3 Years(1) More than 3 years(1) Total(1) Venezuela(2) $ 3,507 $ 295 $ 43,235$ 47,037 Other(3) 13,221 13,647 25,288 52,156 Total $ 16,728$ 13,942 $ 68,523$ 99,193 _________________ (1) Consists of outstanding principal amounts, net of collateral of cash, cash equivalents or other financial instruments totaling$6.3 million . (2) Includes mortgage loans for single-family residential properties located in theU.S. (3) Includes loans to borrowers in other countries which do not individually exceed one percent of total assets in 2022. 100
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Loans by Economic Sector
The table below summarizes the concentration in our loans held for investment by economic sector as of the end of the periods presented.
December 31, (in thousands, except percentages) 2022 2021 2020 Amount % of Total Amount % of Total Amount % of Total Financial Sector (1)$ 190,934 2.8 %$ 78,168 1.5 %$ 89,187 1.5 % Construction and real estate (2) 2,378,081 34.7 % 2,314,281 42.8 % 2,844,094 48.7 % Manufacturing: Foodstuffs, apparel 87,198 1.3 % 87,006 1.6 % 108,312 1.9 % Metals, computer, transportation and other 52,160 0.8 % 101,807 1.9 % 129,705 2.2 % Chemicals, oil, plastics, cement and wood/paper 22,929 0.3 % 34,133 0.6 % 41,451 0.7 % Total manufacturing 162,287 2.4 % 222,946 4.1 % 279,468 4.8 % Wholesale 614,971 8.9 % 572,109 10.6 % 609,318 10.4 % Retail trade (3) 424,894 6.2 % 380,545 7.0 % 423,260 7.2 % Services: Non-financial public sector 1,300 - % 1 - % 472 - % Communication, transportation, health and other 487,842 7.1 % 375,973 7.0 % 394,479 6.8 % Accommodation, restaurants, entertainment 602,877 8.8 % 508,615 9.4 % 445,763 7.6 % Electricity, gas, water, supply and sewage 24,908 0.4 % 19,309 0.4 % 34,677 0.6 % Total services 1,116,927 16.3 % 903,898 16.7 % 875,391 15.0 % Other loans (4) 1,969,100 28.7 % 937,493 17.3 % 721,619 12.4 %$ 6,857,194 100.0 %$ 5,409,440 100.0 %$ 5,842,337 100.0 % _________________ (1) Consists mainly of domestic non-bank financial services companies. (2) Comprised mostly of CRE loans throughoutSouth Florida , the greaterHouston, Texas area, andNew York . (3) Gasoline stations represented approximately 57%, 59% and 60% of the retail trade sector at year-end 2022, 2021 and 2020, respectively. (4) Primarily loans belonging to industrial sectors not included in the above sectors, which do not individually represent more than 1 percent of the total loan portfolio, and consumer loans which represented approximately 28.6%, 17.2% and 12.6% of the total in 2022, 2021 and 2020, respectively.
As of
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Loan Quality
We use what we believe is a comprehensive methodology to monitor credit quality and manage credit concentrations within our loan portfolio. Our underwriting policies and practices govern the risk profile and credit and geographic concentrations of our loan portfolio. We also believe we employ a comprehensive methodology to monitor our intrinsic credit quality metrics, including a risk classification system that identifies possible problem loans based on risk characteristics by loan type, as well as the early identification of deterioration at the individual loan level. We also consider the evaluation of loan quality by the OCC, our primary regulator.
Analysis of the Allowance for Credit Losses
In 2022, the Company adopted Accounting Standards Codification Topic 326 - Financial Instruments - Credit Losses (ASC Topic 326), which replaced the incurred loss methodology for estimated probable loan losses with an expected credit loss methodology that is referred to as the current expected credit loss ("CECL") methodology. The Company adopted the CECL guidance as of the beginning of the reporting period of adoption,January 1, 2022 , using a modified retrospective approach for all its financial assets measured at amortized cost and off-balance sheet credit exposures. See "Critical Accounting Policies and Estimates" later in this document for more details on the methodology for measuring credit losses under the CECL guidance. The allowance for credit losses, or ACL, is a valuation account that is deducted from the amortized cost basis of loans held for investment to present the net that is expected to be collected throughout the life of the loan. The estimated ACL is recorded through a provision for credit losses charged against income. Management periodically evaluates the adequacy of the ACL to maintain it at a level it believes to be reasonable. The Company develops and documents its methodology to determine the ACL at the portfolio segment level. The Company determines its loan portfolio segments based on the type of loans it carries and their associated risk characteristics. The measurement of expected credit losses considers information about historical events, current conditions, reasonable and supportable forecasts and other relevant information. Determining the amount of the ACL is complex and requires extensive judgment by management about matters that are inherently uncertain. Re-evaluation of the ACL estimate in future periods, in light of changes in composition and characteristics of the loan portfolio, changes in the reasonable and supportable forecast and other factors then prevailing may result in material changes in the amount of the ACL and credit loss expense in those future periods. Expected credit losses are estimated on a collective basis for groups of loans that share similar risk characteristics. Factors that may be considered in aggregating loans for this purpose include but are not necessarily limited to, product or collateral type, industry, geography, internal risk rating, credit characteristics such as credit scores or collateral values, and historical or expected credit loss patterns. For loans that do not share similar risk characteristics with other loans such as collateral dependent loans and modifications to borrowers experiencing financial difficulties, expected credit losses are estimated on an individual basis. With respect to modifications made to borrowers experiencing financial difficulty, a change to the ACL is generally not recorded upon modification since the effect of these modifications is already included in the ACL given the measurement methodologies used to estimate the ACL. From time to time, the Company modifies loans by providing principal forgiveness on certain of its real estate loans. When principal forgiveness is provided, the amortized cost basis of the asset is written off against the ACL. The amount of the principal forgiveness is deemed to be uncollectible; therefore, that portion of the loan is written off, resulting in a reduction of the amortized cost basis and a corresponding adjustment to the ACL. 102
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Problem Loans. Loans are considered delinquent when principal or interest payments are past due 30 days or more. Loans on which the accrual of interest has been discontinued are designated as nonaccrual loans. Once a loan to a single borrower has been placed in nonaccrual status, management reviews all loans to the same borrower to determine their appropriate accrual status. When a loan is placed in nonaccrual status, accrual of interest and amortization of net deferred loan fees or costs are discontinued, and any accrued interest receivable is reversed against interest income. Typically, the accrual of interest on loans is discontinued when principal or interest payments are past due 90 days or when, in the opinion of management, there is a reasonable doubt as to collectability in the normal course of business. When loans are placed on nonaccrual status, all interest previously accrued but not collected is reversed against current period interest income. Income on nonaccrual loans is subsequently recognized only to the extent that cash is received and the loan's principal balance is deemed collectible. Loans are restored to accrual status when loans become well-secured and management believes full collectability of principal and interest is probable. 103
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Allocation of Allowance for Credit Losses
In the following table, we present the allocation of the ACL by loan segment at the end of the periods presented. The amounts shown in this table should not be interpreted as an indication that charge-offs in future periods will occur in these amounts or percentages. These amounts represent our best estimates of expected credit losses to be collected throughout the life of the loans, at the reported dates, derived from historical events, current conditions and reasonable and supportable forecasts at the dates reported. Our allowance for credit losses is established using estimates and judgments, which consider the views of our regulators in their periodic examinations. Re-evaluation of the ACL estimate in future periods, in light of changes in composition and characteristics of the loan portfolio, changes in the reasonable and supportable forecast and other factors then prevailing may result in material changes in the amount of the ACL and credit loss expense in those future periods. We also show the percentage of each loan class, which includes loans in nonaccrual status. December 31, 2022 2021 2020 2019 2018 % of Loans in % of Loans in % of Loans in % of Loans in % of Loans in (in thousands, except Each Category Each Category Each Category Each Category Each Category percentages) Allowance to Total Loans Allowance
to Total Loans Allowance to Total Loans Allowance to Total Loans Allowance to Total Loans
Domestic Loans Real estate 25,237 42.2 %$ 17,952 43.5 %$ 50,227 48.2 %$ 25,040 51.7 %$ 22,778 51.3 % Commercial 25,483 34.7 % 38,616 38.7 % 48,035 38.0 % 22,132 38.1 % 29,278 37.0 % Financial institutions - 0.2 % 41 0.3 % - 0.3 % 42 0.3 % 41 0.3 % Consumer and others (1) 31,569 21.5 % 11,762 15.7 % 10,729 10.9 % 1,677 6.9 % 1,985 6.3 % 82,289 98.6 % 68,371 98.2 % 108,991 97.4 % 48,891 97.0 % 54,082 94.9 % International Loans (2) Commercial 405 0.6 % 363 0.4 % 95 0.9 % 350 0.8 % 740 1.2 % Financial institutions - - % 1 - % 1 - % - - % 404 0.8 % Consumer and others (1) 806 0.8 % 1,164 1.4 % 1,815 1.7 % 2,982 2.2 % 6,536 3.1 % 1,211 1.5 % 1,528 1.8 % 1,911 2.6 % 3,332 3.0 % 7,680 5.1 % Total Allowance for Loan Losses$ 83,500 100.0 %$ 69,899 100.0 %$ 110,902 100.0 %$ 52,223 100.0 %$ 61,762 100.0 % % Total Loans held for investment 1.22 % 1.29 % 1.90 % 0.91 % 1.04 % __________________ (1) Includes (i) indirect consumer loans purchased in 2022, 2021 and 2020; (ii) mortgage loans secured by single-family residential properties located in theU.S in all years presented; and (iii) credit card receivables to cardholders for whom charge privileges have been stopped as ofDecember 31, 2019 . The total allowance for credit losses for credit card receivables, after charge-offs, was at$1.8 million atDecember 31, 2019 . We discontinued or credit card programs in 2020 and the outstanding credit card balances at the close of 2019 were repaid during the first quarter of 2020. There are no credit card balances or allowance for credit losses on the credit card product in 2022, 2021 and 2020. (2) Includes transactions in which the debtor or customer is domiciled outside theU.S. despite all collateral being located in theU.S. 104
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In 2022, the changes in the allocation of the ACL were primarily attributed to improved macro-economic conditions, criticized loans upgrades, payoffs and pay-downs, sales of non-performing loans and recoveries. This was partially offset by reserve requirements for loan charge-offs, commercial, CRE and consumer loan growth and loans downgrades during the period.
While most of the measures and restrictions enacted during the COVID-19 pandemic have been lifted, and many businesses reopened, the Company cannot predict when circumstances may change and whether restrictions that have been lifted will need to be imposed or tightened in the future if viewed as necessary due to public health concerns. Given the uncertainty regarding the spread and severity of the COVID-19 pandemic and its adverse effects on theU.S. and global economies, the impact to the Company's loan portfolio cannot be accurately predicted at this time. Additionally, in lateSeptember 2022 , the Hurricane impacted several countries in theCaribbean , and theU.S. , causing significant damage, and disrupting businesses in several regions, including several South andCentral Florida counties in which the Company does business, including theTampa Bay ,Port Charlotte ,Naples andOrlando markets and their surrounding areas. See - "Hurricane Ian" in "Item1- Business" for more information about the Hurricane. The Company has not identified any significant impacts to the loan portfolio of the Company deemed to be located in the areas that may have been meaningfully impacted by the Hurricane, and the Company has not identified any significant impact to the collateral securing the loans in the exposed loan portfolio in the region. The Company has been in contact with the impacted borrowers and has been performing site visits as well. Since there is significant uncertainty with respect to the full extent of the negative impacts due to the unprecedented nature of the Hurricane, the Company's estimates with respect to the loan portfolio potentially impacted and the ACL, are based on judgment and subject to change as conditions evolve. The Company will continue to carefully assess and review the exposure of the portfolios to hurricane-related factors, economic trends and their effect on credit quality and that assessment and review could result in further provision for credit losses in future periods. 105
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Non-Performing Assets
In the following table, we present a summary of our non-performing assets by loan class, which includes non-performing loans by portfolio segment, both domestic and international, and OREO, at the dates presented. Non-performing loans consist of (1) nonaccrual loans where the accrual of interest has been discontinued; (2) accruing loans ninety days or more contractually past due as to interest or principal; and (3) restructured loans that are considered Troubled Debt Restructurings, or TDR.. December 31, (in thousands) 2022 2021 2020 2019 2018 Non-Accrual Loans(1) Domestic Loans: Real estate loans Commercial real estate (CRE) Nonowner occupied$ 20,057 $ 7,285 $ 8,219 $ 1,936 $ - Multifamily residential - - 11,340 - - 20,057 7,285 19,559 1,936 - Single-family residential 1,307 3,349 8,778 5,431 5,198 Owner occupied 6,270 8,665 12,815 14,130 4,983 27,634 19,299 41,152 21,497 10,181 Commercial loans (2)(3) 9,271 28,440 44,205 9,149 4,772 Consumer loans and overdrafts(4) 1 251 219 390 11 Total Domestic 36,906 47,990 85,576 31,036 14,964 International Loans: (5) Real estate loans Single-family residential 219 1,777 1,889 1,860 1,491 Commercial loans - - - - - Consumer loans and overdrafts 3 6 14 26 24Total International 222 1,783 1,903 1,886 1,515 Total-Non-Accrual Loans$ 37,128 $ 49,773 $ 87,479 $ 32,922 $ 16,479 Past Due Accruing Loans(6) Domestic Loans: Real estate loans Single-family residential$ 253 $ - $ - $ -$ 54 Owner occupied - - 220 - - Commercial loans 183 - - - - Consumer loans and overdrafts 35 8 1 - - Total Domestic 471 8 221 - 54 International Loans (5): Real estate loans Single-family residential - - - - 365 Consumer loans and overdrafts - - - 5 884Total International - - - 5 1,249 Total Past Due Accruing Loans 471 8 221 5 1,303 Total Non-Performing Loans 37,599 49,781 87,700 32,927 17,782 Other real estate owned - 9,720 427 42 367 Total Non-Performing Assets$ 37,599 $ 59,501 $ 88,127 $ 32,969 $ 18,149 106
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__________________
(1) Includes loan modifications that meet the definition of TDRs, which may be performing in accordance with their modified loan terms. As ofDecember 31, 2021 and 2020, non-performing TDRs include$9.1 million and$8.4 million , respectively, in a multiple loan relationship to aSouth Florida borrower. In the third quarter of 2022, this loan relationship was upgraded and placed back in accrual status. (2) As ofDecember 31, 2021 and 2020, includes$9.1 million and$19.6 million , respectively, in a commercial relationship placed in nonaccrual status during the second quarter of 2020. During the third quarters of 2021 and 2020, the Company charged off$5.7 million and$19.3 million , respectively, against the allowance for credit losses as result of the deterioration of this commercial relationship. In addition, in connection with this loan relationship, the Company collected a partial principal payment of$4.8 million in the fourth quarter of 2021. Furthermore, in the second quarter of 2022, the Company collected an additional partial principal payment of$5.5 million and charged off the remaining balance of$3.6 million against the ACL. Therefore, as ofDecember 31, 2022 , there were no outstanding balances associated with this loan relationship. (3) In the first quarter of 2022, the Company collected a partial payment of approximately$9.8 million on one commercial nonaccrual loan of$12.4 million . Also, in the first quarter of 2022, the Company charged-off the remaining balance of this loan of$2.5 million . (4) In the fourth quarter of 2022, the Company changed its charge-off policy for unsecured consumer loans from 120 to 90 days past due. This change resulted in an additional$3.4 million in charge-off for unsecured consumer loans in 2022. (5) Includes transactions in which the debtor or customer is domiciled outside theU.S. , despite all collateral being located in theU.S. (6) Loans past due 90 days or more but still accruing.
The following table presents the activity of non-performing assets in 2022:
(in thousands) Year EndedDecember 31 ,
2022
Balance at beginning of the year $
59,501
Plus:
Loans placed in nonaccrual status (1)
55,103
Less:
Nonaccrual loan charge-offs (2)
(22,106)
Nonaccrual loans sold, net of charge offs (3)
(12,879)
Other real estate owned sold
(9,720)
Nonaccrual loan collections and others (4)
(23,828)
Loans returned to accrual status (5) (8,472) Balances at end of the year $ 37,599 _________ (1) Includes: (i) aNew York based non-owner occupied loan of$24.0 million which was among the loans charged-off in 2022: (ii) a commercial loan relationship with aSouth Florida borrower in the construction industry totaling$11.2 million ; (iii) one non-owner occupied loan of$5.7 million which was among the loans sold during the period; (iii) one commercial loan of$2.9 million , and (iv) an aggregate of$11.3 million in smaller loans, mainly consumer loans. (2) Includes:$6.1 million related to two commercial nonaccrual loans paid off during the period; (ii)$3.9 million related to aNew York based non-owner occupied loan; (iii)$3.0 million related to multiple commercial loans, and (iv) an aggregate$9.1 million related to multiple consumer loans (3) InApril 2022 , the Company completed the sale of two non-owner occupied nonaccrual loan of approximately$11.6 million , at its par value. In addition, inJanuary 2022 , the Company completed the sale of multiple single-family residential nonaccrual loans of approximately$1.3 million at its par value. (4) Includes: (i)$16.2 million related to three commercial loans; (ii)$2.4 million related to two owner occupied loans; (iii)$1.8 million related to two consumer loans included in a loan relationship with aSouth Florida borrower in the construction industry; (iv)$0.9 million related to one single-family residential loan, and (v) a total of$2.5 million related to smaller loans. (5) Primarily mainly related to a multiple loan relationship with aSouth Florida borrower. 107
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In the fourth quarter of 2022, the Company placed in nonaccrual status aNew York based non-owner occupied loan in the retail industry of$24.0 million , gross of a$3.9 million charge off recorded in the fourth quarter of 2022. The Company expects to transfer this loan into OREO during the first quarter of 2023, once we finalize obtaining ownership. InJanuary 2022 , the Company collected a partial payment of approximately$9.8 million on one commercial nonaccrual loan of$12.4 million . Also, inJanuary 2022 , the Company charged-off the remaining balance of this loan of$2.5 million . InApril 2022 , the Company completed the sale of two non-owner occupied nonaccrual loan of approximately$11.6 million , at its par value. In addition inJanuary 2022 , the Company completed the sale of multiple single-family residential nonaccrual loans of approximately$1.3 million at its par value. In the second quarter of 2022, in connection with the loan relationship with the Coffee Trader, the Company collected an additional partial principal payment of$5.5 million and charged off the remaining balance of$3.6 million . Therefore, as ofDecember 31, 2022 there were no outstanding balances associated with this loan relationship. InOctober 2022 , the Company sold an OREO property inNew York (the "NY OREO property") at its carrying value of$6.1 million . Also, inNovember 2022 , the Company sold the remaining OREO property at its carrying value of$0.3 million . These transactions had no impact on the Company's consolidated result of operations. In 2022, we recorded an expense of$3.4 million in connection with changes in the estimated fair value and related disposition costs of its OREO property inNew York . See "Item 7. Management's Discussion and Analysis Of Financial Condition And Results Of Operations" included in the Form 10-K for the year endedDecember 31, 2021 for more details on this OREO property. There were$8.5 million in loans which were placed back in accrual status in 2022, mainly in connection with a multiple loan relationship with aSouth Florida borrower totaling$8.1 million at the time of transfer from nonaccrual to accrual status. As a result, the Company will recognize, as an adjustment to the yield,$1.5 million for the remaining average maturity of these loans of 8 years.We recognized no interest income on nonaccrual loans during 2022, 2021 and 2020.We recognized interest income on loans modified under troubled debt restructurings of$0.3 million ,$0.1 million and$36 thousand during the years endedDecember 31, 2022 , 2021 and 2020, respectively. AtDecember 31, 2022 and 2021 , there were$10.1 million and$2.9 million , respectively of TDRs which were all accruing interest at these dates. We utilize an asset risk classification system in compliance with guidelines established by theU.S. federal banking regulators as part of our efforts to monitor and improve asset quality. In connection with examinations of insured institutions, examiners have the authority to identify problem assets and, if appropriate, classify them or require a change to the rating assigned by our risk classification system. There are four classifications for problem assets: "special mention," "substandard," "doubtful," and "loss." Special mention loans are loans identified as having potential weakness that deserve management's close attention. If left uncorrected, these potential weaknesses may, at some future date, result in the deterioration of the repayment prospects of the loan. Substandard assets have one or more defined weaknesses and are characterized by the distinct possibility that the insured institution will sustain some loss if the deficiencies are not corrected. Doubtful assets have the weaknesses of substandard assets with the additional characteristic that the weaknesses make collection or liquidation in full questionable and there is a high probability of loss based on currently existing facts, conditions and values. An asset classified as loss is not considered collectable and is of such little value that the continuance of carrying a value on the books is not warranted. 108
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We use the term "classified loans" to describe loans that are substandard and doubtful, and we use the term "criticized loans" to describe loans that are special mention and classified loans.
The Company's loans by credit quality indicators atDecember 31, 2022 , 2021 and 2020 are summarized in the following table. We have no purchased credit-impaired loans. 2022 2021 2020 Special Special Special (in thousands) Mention Substandard Doubtful Total(1) Mention Substandard Doubtful Total(1) Mention Substandard Doubtful Total(1) Real estate loans Commercial real estate (CRE) Nonowner occupied$ 8,378 $ 20,113 $ -$ 28,491 $ 34,205 $ 5,890 $ 1,395 $ 41,490 $ 46,872 $ 4,994 $ 3,969 $ 55,835 Multi-family residential - - - - - - - - - 11,340 - 11,340 Land development and construction loans - - - - - - - - 7,164 - - 7,164 8,378 20,113 - 28,491 34,205 5,890 1,395 41,490
54,036 16,334 3,969 74,339 Single-family residential -
1,930 - 1,930 - 5,221 - 5,221 - 10,667 - 10,667 Owner occupied - 6,356 - 6,356 7,429 8,759 - 16,188 22,343 12,917 - 35,260 8,378 28,399 - 36,777 41,634 19,870 1,395 62,899
76,379 39,918 3,969 120,266 Commercial loans (2) 1,749 10,446
3 12,198 32,452 20,324 9,497 62,273
42,434 21,152 23,256 86,842
Consumer loans and overdrafts - 230 - 230 - 270 - 270 - 238 - 238$ 10,127 $ 39,075 $ 3 $ 49,205 $ 74,086 $ 40,464 $ 10,892 $ 125,442 $ 118,813 $ 61,308 $ 27,225 $ 207,346 _________ (1) There were no loans categorized as "Loss" as of the dates presented. (2) As ofDecember 31, 2021 and 2020, Substandard loans included$4.9 million and$7.3 million , respectively, and doubtful loans included$4.2 million and$12.3 million , respectively, related to a commercial relationship placed in nonaccrual status and downgraded in the second quarter of 2020. During the third quarters of 2021 and 2020, the Company charged off$5.7 million and$19.3 million against the allowance for credit losses as result of the deterioration of this commercial relationship. In addition, in connection wit this loan relationship, the Company collected a partial principal payment of$4.8 million in the fourth quarter of 2021. Furthermore, in the second quarter of 2022, the Company collected an additional partial principal payment of$5.5 million and charged off the remaining balance of$3.6 million against the allowance for credit losses. Therefore, as ofDecember 31, 2022 , there were no outstanding balances associated with this loan relationship. 109
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2022 compared to 2021
Classified Loans. Classified loans includes substandard and doubtful loans. The following table presents the activity of classified loans in 2022:
(in thousands) Year EndedDecember 31 ,
2022
Balance at beginning of the year $
51,356
Plus:
Loans downgraded to substandard and doubtful (1)
55,103
Less:
Classified loan charge-offs (2)
(22,106)
Classified loans sold, net of charge offs (3)
(12,879)
Classified loan collections and others (4) (23,924) Loans upgraded (5) (8,472) Balances at end of the year $ 39,078 _________ (1) Includes: (i) aNew York based non-owner occupied loan of$24.0 million . We charged-off$3.9 million in 2022; (ii) a commercial loan relationship with aSouth Florida borrower in the construction industry totaling$11.2 million ; (iii) one non-owner occupied loan of$5.7 million which was among the loans sold during the period; (iii) one commercial loan of$2.9 million , and (iv) an aggregate of$11.3 million in smaller loans, mainly consumer loans. (2) Includes:$6.1 million related to two commercial nonaccrual loans paid off during the period; (ii)$3.9 million related to aNew York based non-owner occupied loan; (iii)$3.0 million related to multiple commercial loans, and (iv) an aggregate$9.1 million related to multiple consumer loans (3) InApril 2022 , the Company completed the sale of two non-owner occupied nonaccrual loan of approximately$11.6 million , at its par value. In addition, inJanuary 2022 , the Company completed the sale of multiple single-family residential nonaccrual loans of approximately$1.3 million at its par value. (4) Includes: (i)$16.2 million related to three commercial loans; (ii)$2.4 million related to two owner occupied loans; (iii)$1.8 million related to two consumer loans included in a loan relationship with aSouth Florida borrower in the construction industry; (iv)$0.9 million related to one single-family residential loan, and (v) a total of$2.6 million related to smaller loans. (5) Primarily mainly related to a multiple loan relationship with aSouth Florida borrower. Special Mention Loans. Special mention loans as ofDecember 31, 2022 totaled$10.1 million , a decrease of$64.0 million , or 86.3%, from$74.1 million as ofDecember 31, 2021 . This decrease was primarily due to upgrades totaling$42.2 million , including: (i) one non-owner occupied loan of$24.9 million ; (ii) one commercial loan of$13.2 million that was subsequently paid off, and (iii) multiple commercial loans totaling$4.1 million . In addition, there were total paydowns/payoffs of$24.4 million , including: (i)$13.2 million related to one commercial loan; (ii)$7.4 million related to one owner occupied loan: (iii)$3.5 million related to two non-owner occupied loans, and (iv) a total of$0.2 million in other smaller paydowns. Also, there were loans further downgraded to classified totaling$37.1 million , including: (i) aNew York based non-owner occupied loan of$29.0 million ; (ii) a non-owner occupied loan of$5.7 million which was subsequently sold during the period, and (iii) an owner-occupied loan of$2.3 million , initially classified as special mention during the period. The decrease in special mention loans was partially offset by downgrades to special mention totaling$31.3 million , including the aforementionedNew York based non-owner occupied loan of$29.0 million and the owner occupied loan of$2.3 million . Also, there was an increase related to a non-owner occupied loan of$8.4 million that had been identified as a loan with potential weakness since 2021.This loan was presented as part of loans held for sale carried at the lower of cost or fair value atDecember 31, 2021 , and subsequently reclassified to loans held for investment during the third quarter of 2022.
All special mention loans remained current at
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OnMarch 26, 2020 , the Company began offering loan payment relief options to customers impacted by the COVID-19 pandemic, including interest only and/or forbearance options. These programs continued throughout 2020 and in the first nine months of 2021. In the third quarter of 2021, the Company ceased to offer these loan payment relief options, including interest-only and/or forbearance options. As ofDecember 31, 2022 , there were no loans under the deferral and/or forbearance periods. AtDecember 31, 2021 , there were$37.1 million of loans under the deferral and/or forbearance periods consisting of two CRE retail loans inNew York . During the first quarter of 2022, the renewal of those two CRE retail loans inNew York was completed. All loans that have moved out of forbearance status have resumed regular payments, except for one CRE loan of$12.1 million that was transferred to OREO during the third quarter of 2021. In accordance with accounting and regulatory guidance, loans to borrowers benefiting from these measures were not considered TDRs. See "Item 7. Management's Discussion and Analysis Of Financial Condition And Results Of Operations" included in the Form 10-K for the year endedDecember 31, 2021 for more details on the$12.1 million loan transferred to OREO in 2021. While it is difficult to estimate the extent of the impact of the COVID-19 pandemic on the Company's credit quality, we continue to proactively and carefully monitor the Company's credit quality practices, including examining and responding to patterns or trends that may arise across certain industries or regions.
Potential problem loans at
(in thousands) 2022
2021 2020
Real estate loans
Commercial real estate (CRE)
Nonowner occupied $ - $
-
Multi-family residential - - - Land development and construction loans - 94 - - 94 744 Single-family residential 150 95 - Owner occupied 86 - 102 236 189 846 Commercial loans 1,178 1,380 198
Loans to depository institutions and acceptances - - - Consumer loans and overdrafts (1) 226 13 -$ 1,640 $ 1,582 $ 1,044
________
(1) Corresponds to international consumer loans.
AtDecember 31, 2022 , total potential problem loans increased$0.1 million , or 3.7%, compared toDecember 31, 2021 . This was mainly due to the addition of one single-family residential loan of$0.2 million and multiple purchased consumer loans totaling$0.2 million . These increases were partially offset by an aggregate of$0.3 million in paydowns/payoffs of existing potential problem loans. 111
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Securities
Our investment decision process is based on an approved investment policy and several investment programs. We seek a consistent risk adjusted return through consideration of the following four principles:
•investment quality;
•liquidity requirements;
•interest-rate risk sensitivity; and
•potential returns on investment
The Bank's Board of Directors approves the Bank's and related companies ALCO investment policy and programs which govern the investment process. The ALCO oversees the investment process monitoring compliance to approved limits and targets. The Company's investment decisions are based on the above-mentioned four principles, other factors considered relevant to particular investments and strategies, market conditions and the Company's overall balance sheet position. ALCO regularly evaluates the investments' performance within the approved limits and targets. The Company proactively manages its investment securities portfolio as a source of liquidity and as an economic hedge against declining interest rates whenever appropriate. 112
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The following table sets forth the book value and percentage of each category of securities atDecember 31, 2022 , 2021 and 2020. The book value for debt securities classified as available for sale and equity securities with readily determinable fair value not held for trading represents fair value. The book value for debt securities classified as held to maturity represents amortized cost less an allowance for credit losses ("ACL") in 2022 if required. The Company adopted CECL in 2022 and determined that an ACL on its debt securities held to maturity as ofDecember 31, 2022 was not required. 2022 2021 2020 Amount % Amount % Amount % (in thousands, except percentages) Debt securities available for sale:U.S. government sponsored enterprise debt 437,674 32.0 % 450,773 33.6 % 661,335 48.1 % Corporate debt (1) (2) 280,700 20.6 % 357,790 26.7 % 301,714 22.0 % U.S. government agency debt 330,821 24.2 % 361,906 27.0 % 204,578 14.9 % Municipal bonds 1,656 0.1 % 2,348 0.2 % 54,944 4.0 % Collateralized loan obligations 4,774 0.4 % - - % - - % U.S. Treasury debt 1,996 0.1 % 2,502 0.2 % 2,512 0.2 % 1,057,621 77.4 % 1,175,319 87.7 % 1,225,083 89.2 % Debt securities held to maturity (3) 242,101 17.7 % 118,175 8.8 % 58,127 4.2 % Equity securities with readily determinable fair value not held for trading(4) 11,383 0.8 % 252 - % 24,342 1.8 % Other securities (5): 55,575 4.1 % 47,495 3.5 % 65,015 4.8 %$ 1,366,680 100.0 %$ 1,341,241 100.0 %$ 1,372,567 100.0 % _________________ (1) As of December 31, 2022, 2021 and 2020 corporate debt securities include$9.7 million ,$12.5 million and$17.1 million , respectively, in "investment-grade" quality securities issued by foreign corporate entities. The securities issuers were fromCanada in 2022, and fromJapan andCanada in three different sectors in 2021 and 2020. The Company limits exposure to foreign investments based on cross border exposure by country, risk appetite and policy. All foreign investments are denominated inU.S. Dollars. (2) As ofDecember 31, 2022 , 2021 and 2020, debt securities in the financial services sector issued by domestic corporate entities represent 2.3% , 3.1% and 2.7% of our total assets, respectively. (3) Includes securities issued byU.S. government andU.S. government sponsored agencies. (4) InFebruary 2023 , the Company sold off all of its equity securities with readily available fair value not held for trading and realized a loss on sale of approximately$0.2 million . As ofDecember 31, 2020 , the balance shown in this table included an open-end fund incorporated in theU.S. The Fund's objective is to provide a high level of current income consistent with the preservation of capital and investments deemed to be qualified under the Community Reinvestment Act. During the fourth quarter of 2021, the Company sold this mutual fund which had a fair value of$23.4 million at the time of the sale. (5) Includes investments inFHLB andFederal Reserve Bank stock. Amounts correspond to original cost at the date presented. Original cost approximates fair value because of the nature of these investments. As ofDecember 31, 2022 , total securities increased$25.4 million , or 1.9%, to$1.4 billion compared to$1.3 billion as ofDecember 31, 2021 . The increase in 2022 was mainly driven by purchases of$457.4 million , primarily debt securities available for sale and held to maturity. This was partially offset by: (i) maturities, sales and calls totaling$292.0 million , primarily debt securities available for sale, and (ii) net unrealized holding losses on debt securities available for sale of$127.7 million attributable to increases in market interest rates during the period. 113
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Debt securities available for sale had net unrealized holding losses of$113.0 million and net unrealized holding gains of$1.0 million atDecember 31, 2022 (December 31, 2021 - net unrealized holding losses$5.7 million and net unrealized holding gains of$21.5 million ). In 2022, the Company recorded net unrealized holding losses of$127.7 million which are included in accumulated other comprehensive (loss) income for the period. This was mainly attributable to increases in market interest rates during the period which translated into a decline in the estimated fair value of debt securities markets. The Company considers these securities are not credit-impaired because the decline in their estimated fair value is attributable to changes in interest rates and investment securities markets, generally, and not credit quality. Additionally, the Company does not intend to sell these debt securities and it considers that it is more likely than not that it will not be required to sell the securities before their anticipated recovery. See Note 3 to our audited consolidated financial statements on this Form 10-K for more details on the composition of the Company's investment portfolio. As ofDecember 31, 2022 , total available for sale debt securities includes residential and commercial mortgage-backed securities with amortized cost of$743.0 million and$91.0 million , respectively, and fair value of$666.5 million and$80.9 million , respectively. As ofDecember 31, 2021 , total available for sale debt securities includes residential and commercial mortgage-backed securities with amortized cost of$654.7 million and$123.5 million , respectively, and fair value of$661.3 million and$123.8 million , respectively. As ofDecember 31, 2022 , total debt securities held to maturity includes residential and commercial mortgage-backed securities issued or sponsored by theU.S. government with total fair values of$191.4 million ($213.9 million - amortized cost) and$26.2 million ($28.2 million - amortized cost), respectively. As ofDecember 31, 2021 , total debt securities held to maturity includes residential and commercial mortgage-backed securities with total fair values of$88.7 million ($89.4 million - amortized cost) and$30.4 million ($28.8 million - amortized cost), respectively. The Company considers that all debt securities held to maturity issued or sponsored by theU.S. government are considered to be risk-free as they have the backing of the government. The Company considers there are not current expected credit losses on these securities and, therefore, did not record an ACL on any of its debt securities held to maturity as ofDecember 31, 2022 . The Company monitors the credit quality of held to maturity securities through the use of credit ratings. Credit ratings are monitored by the Company on at least a quarterly basis. As ofDecember 31, 2022 and 2021, all held to maturity securities held by the Company were rated investment grade or higher. 114
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The following table sets forth the book value, scheduled maturities and weighted average yields for our securities portfolio atDecember 31, 2022 . Similar to the table above, the book value for debt securities classified as available for sale and equity securities with readily determinable fair value not held for trading is equal to fair market value; The book value for debt securities classified as held to maturity is equal to amortized cost. December 31, 2022 (in thousands, Total Less than a year One to five years Five to ten years Over ten years No maturity except percentages) Amount Yield Amount
Yield Amount Yield Amount Yield Amount Yield Amount Yield Debt securities available for sale U.S. Government sponsored enterprise debt$ 437,674 3.32 %$ 37 5.27 %$ 21,136 2.89 %$ 38,540 3.34 %$ 377,961 3.34 % $ - - % Corporate debt-domestic 270,979 3.97 % 9,108 4.47 % 45,293 3.88 % 205,628 3.98 % 10,950 3.74 % - - %U.S. Government agency debt 330,821 3.18 % 136 4.05 % 2,806 3.16 % 8,433 4.59 % 319,446 3.14 % - - % Municipal bonds 1,656 2.49 % - - % - - % 342 2.01 % 1,314 2.61 % - - % Corporate debt-foreign 9,721 3.64 % - - % - - % 9,721 3.64 % - - % - - % Collateralized loan obligations 4,774 6.49 % - - % - - % - - % 4,774 6.49 % - - %U.S. treasury securities 1,996 4.47 % - - % 1,996 4.47 % - - % - - % - - %$ 1,057,621 3.46 %$ 9,281 4.47 %$ 71,231 3.57 %$ 262,664 3.89 %$ 714,445 3.28 % $ - - % Debt securities held to maturity$ 242,101 3.44 % $ - - %$ 6,480 2.50 %$ 13,130 2.90 %$ 222,491 3.50 % $ - - % Equity securities with readily determinable fair value not held for trading 11,383 - % - - - - - - - - 11,383 - % Other securities$ 55,575 5.16 % $ - - % $ - - % $ - - % $ - - %$ 55,575 5.16 %$ 1,366,680 3.50 %$ 9,281 4.47 %$ 77,711 3.48 %$ 275,794
3.84 %$ 936,936 3.33 %$ 66,958 4.28 % 115
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The investment portfolio's average effective duration in years was 4.9, 3.6 and 2.4 as ofDecember 31, 2022 , 2021 and 2020, respectively. The increase in effective duration in 2022 compared to 2021 was primarily due to lower expected and actual mortgage-backed securities prepayments resulting from increased market interest rates.These estimates are computed using multiple inputs that are subject, among other things, to changes in interest rates and other factors that may affect prepayment speeds. Contractual maturities of investment securities are adjusted for anticipated prepayments of amortizingU.S. government sponsored agency debt and enterprise debt securities, which shorten the average lives of these investments.Goodwill .Goodwill was$19.5 million as ofDecember 31, 2022 and 2021.Goodwill mainly represents the excess of consideration paid over the fair value of the net assets of a savings bank acquired in 2006, and theCayman Bank acquired in 2019. Liabilities. Total liabilities were$8.4 billion atDecember 31, 2022 , an increase of$1.6 billion , or 23.7%, compared to$6.8 billion atDecember 31, 2021 . This was primarily driven by net increases of: (i)$1.4 billion , or 25.1%, in total deposits, mainly due to an increase in interest bearing demand deposits; (ii) the issuance of$30 million of 4.25% fixed-to-floating subordinated notes due in 2032 in the first quarter of 2022; (iii) a net increase of$96.9 million , or 12.0%, in FHLB advances, including the addition of$1.1 billion of advances, primarily long-term fix-rate, which were partially offset by the repayment of$1.0 billion of these borrowings in 2022, and (iv) an increase of$72.2 million , or 67.8%, in other liabilities. Other liabilities were$178.6 million as ofDecember 31, 2022 , an increase of$72.2 million , or 67.8%, compared to$106.4 million atDecember 31, 2021 . This was primarily driven by: (i) an increase in the estimated fair value of derivative instruments, and (ii) an increase in our obligation to return cash collateral received in response to the change in fair value of derivative instruments. See Note 12 to the Company's audited consolidated financial statements in this Form 10-K for more details on these derivative instruments. See "Capital Resources and Liquidity Management"for more details on the changes of FHLB advances and subordinated notes and "Deposits" for more details on the changes of total deposits. Deposits We strongly believe in being a deposit-first Company. This strategy is what drives our business and our day to day relationship-building activities. In 2022, we continued with our efforts in growing our deposits. Our efforts included the additions to Treasury Management, Retail and Private Banking team members, which contributed to increasing deposit levels in 2022. See "Item 1.Business- Our Company- Business Developments" for additional information on new digital platforms and other deposit-related initiatives. Total deposits were$7.0 billion atDecember 31, 2022 , an increase of$1.4 billion , or 25.1%, compared toDecember 31 , 2021.The increase in deposits in 2022 was mainly due to a net increase of$1.0 billion , or 23.8%, in core deposits, including increases of: (i)$793.0 million , or 52.6%, in interest bearing transaction accounts, primarily due to new domestic deposits from escrow accounts, municipalities and from domestic individuals and businesses through large fund providers and customer relationships during the period; (ii)$184.4 million , or 16%, in noninterest bearing transaction accounts, and (iii)$45.5 million , or 2.8%, in savings and money market deposit accounts. In addition, there was an increase of$390.4 million or 29.2%, in time deposits in 2022 compared to 2021. The increase in time deposits balances in 2022 compared to 2021 was primarily attributable to an increase of$319.0 million , or 110.1%, in brokered time deposits. In addition, there was an increase of$71.4 million , or 6.8%, in customer CDs. 116
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The increase in transaction account balances in 2022 compared to 2021 includes$1.1 billion or 26.2%, in higher customer account balances, partially offset by a total decrease of$77.0 million , 79.0%, or in brokered interest bearing and money market deposits. As ofDecember 31, 2022 total brokered deposits were$629.3 million , an increase of$242.0 million , or 62.5%, compared to$387.3 million atDecember 31, 2021 , as the Company elected to increase brokered time deposits in order to lock lower interest rates in light of rising market rates.
Domestic deposits increased
The increase in transaction account balances in 2021 compared to 2020 includes$645.7 million or 18.2%, in higher customer account balances, partially offset by a total decrease of$42.8 million in brokered interest bearing and money market deposits.
Deposits by Country of Domicile
The following table sets forth the deposits by country of domicile of the depositor as of the dates presented.
December 31, (in thousands) 2022 2021 2020 2019 2018 Domestic (1)$ 4,620,906 $ 3,137,258 $ 3,202,936 $ 3,121,827 $ 3,001,366 Foreign: Venezuela (2) 1,911,551 2,019,480 2,119,412 2,270,970 2,694,690 Others 511,742 474,133 409,295 364,346 336,630 Total foreign (3) 2,423,293 2,493,613 2,528,707 2,635,316 3,031,320 Total deposits$ 7,044,199 $ 5,630,871 $ 5,731,643 $ 5,757,143 $ 6,032,686
___________
(1) Includes brokered deposits of$629.3 million ,$387.3 million ,$634.5 million ,$682.4 million and$642.1million atDecember 31, 2022 , 2021, 2020, 2019 and 2018, respectively. (2) Based upon the diligence we customarily perform to "know our customers" for anti-money laundering, OFAC and sanctions purposes, we believe that the currentU.S. economic embargo on certain Venezuelan persons will not adversely affect our Venezuelan customer relationships, generally. (3) Our other foreign deposits do not include deposits from Venezuelan resident customers.
The following table shows the increase or (decrease), during the year our domestic and foreign deposits, including Venezuelan resident customer deposits:
Years Ended
2022 2021 2020 2019 (in thousands, except
percentages) Amount % Amount % Amount % Amount % Domestic (1)$ 1,483,648 47.3 %$ (65,678) (2.1) %$ 81,109 2.6 %$ 120,461 4.0 % Foreign: Venezuela (107,929) (5.3) % (99,932) (4.7) % (151,558) (6.7) % (423,720) (15.7) % Others 37,609 7.9 % 64,838 15.8 % 44,949 12.3 % 27,716 8.2 % Total foreign (70,320) (2.8) % (35,094) (1.4) % (106,609) (4.0) % (396,004) (13.1) % Total deposits$ 1,413,328 25.1 %$ (100,772) (1.8) %$ (25,500) (0.4) %$ (275,543) (4.6) % ___________ (1) Domestic deposits, excluding brokered deposits, increased$1.2 billion ,$181.5 million ,$109.0 million and$100.2 million in 2022, 2021, 2020 and 2019, respectively. 117 -------------------------------------------------------------------------------- Domestic deposits increased$1.5 billion , or 47.3%, in 2022 to$4.6 billion atDecember 31, 2022 from$3.1 billion atDecember 31, 2021 . This was primarily driven by an increase in domestic core deposits which includes new deposits from escrow accounts, municipalities, and from domestic individuals and businesses through large fund providers and customer relationships during the period. In addition, there was an increase of$319.0 million , or 110.1%, in domestic brokered time deposits as the Company elected to increase these deposits in order to lock lower interest rates in light of rising market rates. Foreign deposits decreased$70.3 million , or 2.8%, in 2022 to$2.4 billion atDecember 31, 2022 from$2.5 billion atDecember 31, 2021 , primarily driven by a decrease of$107.9 million , or 5.3%, in deposits from customers domiciled inVenezuela . This was partially offset by an increase of$37.6 million , or 7.9%, in deposits from countries other thanVenezuela , primarily driven by our efforts to grow deposits from customers in those other markets.
Core deposits
Core deposits were$5.3 billion ,$4.3 billion and$3.7 billion as ofDecember 31, 2022 , 2021 and 2020, respectively. Core deposits represented 75.5%, 76.2% and 64.4% of our total deposits at those dates, respectively. The increase of$1.0 billion , or 23.8%, in core deposits in 2022 was mainly driven by the previously mentioned increase in noninterest bearing and interest bearing demand deposits. Core deposits consist of total deposits excluding all time deposits.
Brokered deposits
We utilize brokered deposits primarily as an Asset/Liability Management tool. As ofDecember 31, 2022 and 2021, we had$629.3 million and$387.3 million in brokered deposits, which represented 8.9% and 6.9%, respectively, of our total deposits. Brokered deposits increased$242.0 million , or 62.5%, in 2022 compared toDecember 31, 2021 , mainly due to an increase in brokered time deposits. As ofDecember 31, 2022 and 2021, brokered deposits included time deposits of$608.7 million and$289.8 million , respectively, and third party interest bearing deposits of$20.5 million and$97.5 million , respectively. The Company has not historically sold brokered CDs in denominations over$100,000 . 118 --------------------------------------------------------------------------------
Deposits by Type: Average Balances and Average Rates Paid
The following table sets forth the average daily balance amounts and the average rates paid on our deposits for the periods presented.
Years Ended
2022 2021 2020 (in thousands, except percentages) Amount Rates Amount Rates Amount Rates Non-interest bearing demand deposits$ 1,286,570 - %$ 1,046,766 - %$ 876,393 - % Interest bearing deposits: Checking and saving accounts: Interest bearing demand (1) 1,872,100 0.81 % 1,309,699 0.05 % 1,154,166 0.04 % Money market (2) 1,323,563 0.88 % 1,311,278 0.27 % 1,165,447 0.61 % Savings 319,631 0.04 % 324,618 0.02 % 321,766 0.02 % Time Deposits (3) 1,334,605 1.66 % 1,668,459 1.42 % 2,360,367 1.94 % 4,849,899 1.01 % 4,616,054 0.60 % 5,001,746 1.07 %$ 6,136,469 0.80 %$ 5,660,820 0.49 %$ 5,878,139 0.91 % ___________ (1) In the years endedDecember 31, 2022 , 2021 and 2020 includes reciprocal deposits with a total average balance of$253.8 million (average rate - 1.35%),$89.6 million (average rate - 0.13%) and$40.5 million (average rate - 0.08%), respectively, and brokered deposits with a total average balance of$1.2 million (average rate - 2.57%),$10.6 million (average rate - 0.33%) and$1.6 million (average rate - 0.33%), respectively. (2) In the years endedDecember 31, 2022 , 2021 and 2020, includes brokered deposits with a total average balance of$43.3 million (average rate - 1.47%),$109.3 million (average rate - 0.33%) and$25.6 million (average rate - 0.33%), respectively. (3) In the years endedDecember 31, 2022 , 2021 and 2020, includes brokered deposits with average balances of$359.7 million ,$414.4 million and$570.8 million , respectively, with average rates of 2.51% 2.11% and 2.21%, respectively. 119 --------------------------------------------------------------------------------
Large Fund Providers
In the first quarter of 2022, the Company changed its definition of large fund providers to include only third party relationships with balances over$20 million . Prior to 2022, large fund providers were defined as third party deposit relationships with balances over$10 million . AtDecember 31, 2022 and 2021, third-party customer relationships with balances of over$20 million , included twenty-two and eleven deposit relationships, respectively, with total balances of$1.2 billion and$376.3 million respectively. The increase in large fund providers in 2022 compared toDecember 31, 2021 was mainly driven by new domestic deposits from escrow accounts, municipalities, and from domestic individuals and businesses customer relationships during the period.
Large Time Deposits by Maturity
The following table sets forth the maturities of our time deposits with individual balances equal to or greater than$100,000 as of the dates presented. December 31, (in thousands, except percentages) 2022 2021 2020 Less than 3 months$ 140,292 15.1 %$ 261,779 31.1 %$ 433,918 34.6 % 3 to 6 months 148,137 16.0 % 134,709 16.0 % 261,683 20.8 % 6 to 12 months 497,436 53.6 % 153,695 18.3 % 241,367 19.2 % 1 to 3 years 135,663 14.6 % 281,366 33.5 % 268,934 21.4 % Over 3 years 6,889 0.7 % 8,902 1.1 % 49,948 4.0 % Total$ 928,417 100.0 %$ 840,451 100.0 %$ 1,255,850 100.0 % 120
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Short-Term Borrowings. In addition to deposits, we use short-term borrowings, such as FHLB advances, and less frequently, advances from other banks, as a source of funds to meet the daily liquidity needs of our customers and fund growth in earning assets. Short-term borrowings have maturities of 12 months or less as of the reported period-end. All of our outstanding short-term borrowings atDecember 31, 2022 , 2021 and 2020 corresponded to FHLB advances. There were no other borrowings or repurchase agreements outstanding as ofDecember 31, 2022 , 2021 and 2020. The following table sets forth information about the outstanding amounts of our short-term borrowings at the close of and for years endedDecember 31, 2022 , 2021 and 2020. Years Ended December 31, (in thousands, except percentages) 2022 2021 2020 Outstanding at period-end$ 304,821 $ - $ - Average amount 111,448 28,273 83,750 Maximum amount outstanding at any month-end 304,821 130,000 300,000
Weighted average interest rate:
During period 1.98 % 0.36 % 1.45 % End of period 3.17 % - % - % 121
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Return on Equity and Assets
The following table shows return on average assets, return on average equity, and average equity to average assets ratio for the periods presented:
Years Ended December 31, (in thousands, except percentages and per share data) 2022 2021 2020
Net income (loss) attributable to the Company
1.87 3.04 (0.04) Diluted earnings (loss) per common share (1) 1.85 3.01 (0.04) Average total assets$ 8,187,688 $ 7,533,016 $ 8,031,549 Average stockholders' equity 749,549 795,841 838,239 Net income (loss) attributable to the Company/ Average total assets (ROA) 0.77 % 1.50 % (0.02) % Net income (loss) attributable to the Company / Average stockholders' equity (ROE) 8.45 % 14.19 % (0.21) % Average stockholders' equity / Average total assets ratio 9.15 % 10.56 % 10.44 % __________________ (1)As ofDecember 31, 2022 and 2021, potential dilutive instruments consisted of unvested shares of restricted stock, restricted stock units and performance stock units (unvested shares of restricted stock and restricted stock units as ofDecember 31, 2020 ). See Note 14 to our audited consolidated financial statements in this Form 10-K for details on the dilutive effects of the issuance of restricted stock, restricted stock units and performance share units on earnings per share in 2022, 2021 and 2020. In 2022, basic and diluted earnings per share decreased compared to 2021, primarily as result of lower net income earned during the period. This was partially offset by lower weighted average number of basic and diluted shares in 2022 compared to 2021, primarily as a result of our capital structure optimization efforts. In 2021, basic and diluted earnings per share increased compared to 2020, primarily as result of higher net income earned during the period.
Capital Resources and Liquidity Management
Capital Resources
Stockholders' equity is influenced primarily by earnings, dividends, if any, and changes in Accumulated Other Comprehensive Income or Loss ("AOCI" or "AOCL") caused primarily by fluctuations in unrealized holding gains or losses, net of taxes, on debt securities available for sale and derivative instruments. AOCI or AOCL are not included for purposes of determining our capital for holding and bank regulatory purposes. 122
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2022 compared to 2021
Stockholders' equity was$705.7 million as ofDecember 31, 2022 , a decrease of$126.1 million , or 15.2%, compared to$831.9 million as ofDecember 31, 2021 . This decrease was primarily driven by: (i) after-tax net unrealized holding losses of$97.2 million from the change in the market value of debt securities available for sale as a result of the increase of approximately 425 basis points recorded in index market rates in 2022; (ii) an aggregate of$72.1 million of Class A common stock repurchased in 2022, under the Class A repurchase programs launched in 2021 and 2022; (iii)$12.2 million of dividends declared and paid by the Company in 2022, and (iv) an after tax cumulative effect adjustment to retained earnings as a result of CECL adoption of$13.9 million . These decreases were partially offset by net income of$63.3 million in 2022.
Non-controlling Interest
The Company records net loss attributable to Non-controlling interests in its condensed consolidated statement of operations equal to the percentage of the economic or ownership interest retained in the interest of Amerant Mortgage, and presents non-controlling interests as a component of stockholders' equity on the consolidated balance sheets. Equity attributable to the non-controlling interest was a net loss of$2.1 million as ofDecember 31, 2022 , compared to a net loss of$2.6 million as ofDecember 31, 2021 . In 2022 and 2021, net loss attributable to the non-controlling interest was approximately$1.3 million and$2.6 million , respectively. AtDecember 31, 2022 and 2021, Non-controlling interest in Amerant Mortgage was 20% and 49%, respectively. OnMarch 31, 2022 , the Company contributed$1.5 million in cash to Amerant Mortgage, increasing its ownership interest to 57.4% as ofMarch 31, 2022 from 51% as ofDecember 31, 2021 . In addition, in the three months endedJune 30, 2022 , the Company increased its ownership interest in Amerant Mortgage to 80% from 57.4%. This change was the result of: (i) two former principals of Amerant Mortgage surrendering their interest in Amerant Mortgage to the Company, when they became full time employees of the Bank (the "Transfer of Subsidiary Shares From Noncontrolling Interest"), and (ii) an additional contribution made by the Company of$1 million , in cash, to Amerant Mortgage in the three months endedJune 30, 2022 . As a result of the Transfer of Subsidiary Shares From Noncontrolling Interest, the Company reduced its additional paid-in capital by a total of$1.9 million with a corresponding increase to the equity attributable to Noncontrolling Interest.
Common Stock Transactions
Clean-Up Merger. OnNovember 17, 2021 , the Company entered into an Agreement and Plan of Merger (the "Merger Agreement"), between the Company and its newly-created, wholly-owned subsidiary,Amerant Merger SPV Inc. ("Merger Sub"), pursuant to which the Merger Sub would merge with and into the Company (the "Clean-up Merger"), and onNovember 17, 2021 , the Company filed articles of merger (the "Articles of Merger") with theFlorida Secretary of State. In connection with the Clean-up Merger, Merger Sub merged with and into the Company as of12:01 a.m. onNovember 18, 2021 (the "Effective Time of the Clean-up Merger"). The Clean-up Merger had been previously approved by the Company's shareholders onNovember 15, 2021 . Under the terms of the Clean-up Merger, each outstanding share of Class B common stock was converted to 0.95 of a share of Class A common stock without any action on the part of the holders of Class B common stock; however, any shareholder, together with its affiliates, who owned more than 8.9% of the outstanding shares of Class A common stock a result of the Clean-up Merger, such holder's shares of Class A common stock or Class B common stock, as the case may have been, was converted into shares of a new class of Non-Voting Class A common stock, solely with respect to holdings that were in excess of the 8.9% limitation. The terms of the Clean-up Merger included the creation of a new class of Non-Voting Class A common stock. 123
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In addition, all shareholders who held fractional shares as a result of the Clean-up Merger received a cash payment in lieu of such fractional shares. Following the Clean-up Merger, any holder who beneficially owned fewer than 100 shares of Class A common stock received cash in lieu of Class A common stock. InNovember 2021 , the Company repurchased 281,725 shares of Class A Common Stock that were cashed out in accordance with the terms of the Clean-up Merger. These shares were repurchased at a price per share of$30.10 and an aggregate purchase of approximately$8.5 million . From and after the Effective Time of the Clean-up Merger, the separate corporate existence of Merger Sub ceased and the Company continued as the surviving corporation. In connection with the Clean-up Merger, the number of shares that the Company is authorized to issue decreased by 250,000,000. As a result of the Clean-up Merger, the Class B Common Stock is no longer authorized or outstanding, andNovember 17, 2021 was the last day it traded on the Nasdaq Global Select Market.
Common Stock Repurchases and cancellation of Treasury Shares.
OnDecember 19, 2022 , the Company announced that the Board of Directors authorized a new repurchase program pursuant to which the Company may purchase, from time to time, up to an aggregate amount of$25 million of its shares of Class A common stock (the "2023 Class A Common Stock Repurchase Program"). The 2023 Class A Common Stock Repurchase Program is effective fromJanuary 1, 2023 untilDecember 31, 2023 . OnJanuary 31, 2022 , the Company announced that the Board of Directors authorized a new repurchase program pursuant to which the Company may purchase, from time to time, up to an aggregate amount of$50 million of its shares of Class A common stock (the "New Class A Common Stock Repurchase Program"). In 2022, the Company repurchased an aggregate of 1,602,887 shares of Class A common stock at a weighted average price of$31.14 per share, under the New Common Stock Repurchase Program. The aggregate purchase price for these transactions was approximately$49.9 million , including transaction costs. OnMay 19, 2022 , the Company announced the completion of the New Common Stock Repurchase Program. InNovember 2021 , the Company repurchased 281,725 shares of Class A Common Stock that were cashed out in accordance with the terms of the Clean-up Merger. These shares were repurchased at a weighted average price per share of$30.10 and an aggregate purchase of approximately$8.5 million . InSeptember 2021 , the Company's Board of Directors authorized a stock repurchase program which provided for the potential to repurchase up to$50 million of shares of the Company's Class A common stock (the "Class A Common Stock Repurchase Program"). In 2022 and 2021, the Company repurchased an aggregate of 652,118 shares and 893,394 shares, respectively, of Class A common stock at a weighted average price per share of$33.96 and$31.18 , respectively, under the Class A Common Stock Repurchase Program. In 2022 and 2021, the aggregate purchase price for these transactions was approximately$22.1 million and$27.9 million , respectively, including transaction costs. OnJanuary 31, 2022 , the Company announced the completion of the Class A Common Stock Repurchase Program. OnMarch 10, 2021 , the Company's Board of Directors approved a stock repurchase program which provided for the potential repurchase of up to$40 million of shares of the Company's Class B common stock (the "Class B Common Stock Repurchase Program"). In 2021, the Company repurchased an aggregate of 565,232 shares of Class B common stock at a weighted average price per share of$16.92 , under the Class B Common Stock Repurchase Program. The aggregate purchase price for these transactions was approximately$9.6 million , including transaction costs. InSeptember 2021 , in connection with the Clean-up Merger, The Company's Board of Directors terminated the Class B Common Stock Repurchase Program. 124
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OnDecember 23, 2020 , the Company completed a modified "Dutch auction" tender offer to purchase, for cash, up to$50.0 million of shares of its Class B common stock. The tender offer was oversubscribed and, as result, we accepted tenders to purchase 4,249,785 shares of Class B common stock in the tender offer, which included an additional 2% of outstanding shares of Class B common stock as permitted under the tender offer rules. The 4,249,785 shares of Class B common stock were purchased at a price of$12.55 per share. The total purchase price for this transaction was$54.1 million , including$0.8 million in related fees and expenses. OnFebruary 14 andFebruary 21, 2020 , the Company repurchased an aggregate of 932,459 shares of nonvoting Class B common stock in two privately negotiated transactions (collectively, the "2020 Repurchase") for$16.00 per share of Class B common stock. The aggregate purchase price for these transactions was approximately$15.2 million , including$0.3 million in broker fees and other expenses.The Company funded the 2020 Repurchase with available cash.
In 2022, 2021 and 2020, the Company's Board of Directors authorized the
cancellation of all shares of Class A common stock and Class B common stock
previously held as treasury stock, including all shares repurchased in 2022,
2021 and 2020. Therefore, The Company had no shares of common stock held in
treasury stock at
Dividends. OnOctober 20, 2022 , the Company's Board of Directors declared a cash dividend of$0.09 per share of the Company's Class A common stock. The dividend was paid onNovember 30, 2022 to shareholders of record at the close of business onNovember 15, 2022 . The aggregate amount in connection with this dividend was$3.0 million . OnJuly 20, 2022 , the Company's Board of Directors declared a cash dividend of$0.09 per share of the Company's Class A common stock. The dividend was paid onAugust 31, 2022 to shareholders of record at the close of business onAugust 17, 2022 . The aggregate amount in connection with this dividend was$3.0 million . OnApril 13, 2022 , the Company's Board of Directors declared a cash dividend of$0.09 per share of the Company's Class A common stock. The dividend was paid onMay 31, 2022 to shareholders of record at the close of business onMay 13, 2022 . The aggregate amount in connection with this dividend was$3.0 million . OnJanuary 19, 2022 , the Company's Board of Directors declared a cash dividend of$0.09 per share of the Company's Class A common stock. The dividend was paid onFebruary 28, 2022 to shareholders of record at the close of business onFebruary 11, 2022 . The aggregate amount in connection with this dividend was$3.2 million . In 2021, the Company's Board of Directors declared a cash dividend of$0.06 per share of the Company's Class A common stock. The dividend was paid on or beforeJanuary 15, 2022 to holders of record as ofDecember 22, 2021 . The aggregate accrued payable amount recorded against retained earnings in 2021 in connection with this dividend was$2.2 million .
Liquidity Management
Advances from the FHLB, other borrowings and borrowing capacity
AtDecember 31, 2022 and 2021, the Company had$0.9 billion and$0.8 billion , respectively, of outstanding advances from the FHLB. During the year endedDecember 31, 2022 , the Company repaid$1.0 billion of outstanding FHLB advances, and borrowed of$1.1 billion from this source. This activity included: (i) the repayment of approximately$530.0 million in callable FHLB advances, and addition of$550.0 million in longer-term advances, to extend the duration of this portfolio and lock-in fixed interest rates; (ii) the addition of$150.0 million in fixed-rate FHLB advances to support loan growth during the period, and (iii) the repayment of$175.0 million of FHLB advances as we took advantage of the increased market valuation of these instruments at time of repayment. 125
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AtDecember 31, 2022 and 2021 advances from the FHLB had maturities through 2027 and 2030, respectively. AtDecember 31, 2022 , advances from the FHLB had fixed interest rates ranging from 0.61% to 4.84% and, a weighted average rate of 2.45% (fixed interest rates ranging from 0.62% to 1.73%, and a weighted average rate of 1.03% atDecember 31, 2021 ). In addition, as ofDecember 31, 2021 , the Company had$530 million (interest rate - from 0.62% to 0.97%) in advances from the FHLB that are callable prior to maturity. There were no callable advances from the FHLB as ofDecember 31, 2022 . We had$1.7 billion ,$1.4 billion and$1.3 billion of additional borrowing capacity with the FHLB as ofDecember 31, 2022 , 2021 and 2020, respectively. This additional borrowing capacity is determined by the FHLB. We also maintain relationships in the capital markets with brokers and dealers to issueFDIC -insured interest-bearing deposits, including certificates of deposits. We also have available uncommitted federal funds credit lines with several banks, and had$105.0 million of availability under these lines atDecember 31, 2021 . AtDecember 31, 2022 , we had no outstanding uncommitted federal funds lines with banks.
There were no other borrowings as of
Subordinated Notes
OnMarch 9, 2022 , the Company entered into a Subordinated Note Purchase Agreement (the "Purchase Agreement") with the Company's wholly-owned subsidiaryAmerant Florida Bancorp Inc. (Amerant Florida Bancorp Inc. was merged with and into the Company during the three months endedSeptember 30, 2022 ), and qualified institutional buyers pursuant to which the Company sold and issued$30.0 million aggregate principal amount of its 4.25% Fixed-to-Floating Rate Subordinated Notes dueMarch 15, 2032 . Net proceeds were$29.1 million , after estimated direct issuance costs of approximately$0.9 million . Unamortized direct issuance cost are deferred and amortized over the term of the Subordinated Notes of 10 years. These Subordinated Notes are unsecured, subordinated obligations of the Company and rank junior in right of payment to all of the Company's current and future senior indebtedness. The Subordinated Notes have been structured to qualify as Tier 2 capital of the Company for regulatory capital purposes, and rank equally in right of payment to all of our existing and future subordinated indebtedness. See Note 10 to audited consolidated financial statements in this Form 10-K for more details.
Holding and Intermediate Holding Subsidiaries
We are a corporation separate and apart from the Bank and, therefore, must provide for our own liquidity. Historically, our main source of funding has been dividends declared and paid to us by the Bank. In addition, we issued the Senior Notes in 2020 and Subordinated notes in 2022. Also, as a result of the Amerant Florida Merger, the Company is now the obligor and guarantor on our junior subordinated debt and the guarantor of the Senior Notes and Subordinated Notes. The Company held cash and cash equivalents of $64.9 million as of December 31, 2022 and $23.8 million as of December 31, 2021, in funds available to service its Senior Notes, Subordinated Notes and junior subordinated debt and for general corporate purposes, as a separate stand-alone entity. Our former subsidiary, Amerant Florida, which was an intermediate bank holding company and the former obligor on our junior subordinated debt and the former guarantor of the Senior Notes and Subordinated Notes, held cash and cash equivalents $6.3 million as of December 31, 2021, in funds available to service its junior subordinated debt and for general corporate purposes, as a separate stand-alone entity. See discussion below for more details on the Amerant Florida Merger. 126
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Amerant Florida Merger
On August 2, 2022, the Company completed an intercompany transaction of entities under common control, pursuant to which the Company's wholly owned subsidiary, Amerant Florida Bancorp Inc. ("Amerant Florida"), merged with and into the Company, with the Company as sole survivor. In connection with the Amerant Florida Merger, the Company assumed all assets and liabilities of AmerantFlorida , including its direct ownership of the Bank, the common capital securities issued by the 5 trust subsidiaries, and the junior subordinated debentures issued by Amerant Florida and related agreements. The Amerant Florida Merger had no impact to the Company's consolidated financial condition and results of operations. See Note 11 to our audited consolidated financial statements on this Form 10-K, for additional information on the common capital securities issued by the 5 trust subsidiaries, and the junior subordinated debentures.
Subsidiary Dividends
There are statutory and regulatory limitations that affect the ability of the Bank to pay dividends to the Company. These limitations exclude the effects of AOCI. Management believes that these limitations will not affect the Company's ability to meet its ongoing short-term cash obligations. See "Supervision and Regulation" in this Form 10-K.
In January, March and April 2022, the Boards of Directors of the Bank and
Amerant Florida approved the payment of cash dividends of $40 million, $40
million and $34 million, respectively on each date, by the Bank to Amerant
Florida and in the same amounts by Amerant Florida to
In July 2021, the Boards of Directors of the Bank and Amerant Florida approved
the payment of cash dividends from the Bank and Amerant Florida to
Redemption of Junior Subordinated Debentures
On January 30, 2020, the Company redeemed all $26.8 million of its outstanding 8.90% trust preferred capital securities issued byCommercebank Capital Trust I ("Capital Trust I") at a redemption price of 100%. The Company simultaneously redeemed all junior subordinated debentures held by Capital Trust I as part of this redemption transaction. This redemption reduced total cash and cash equivalents by $27.1 million, financial liabilities by $28.1 million, other assets by $3.4 million, and other liabilities by $2.2 million at that date. In addition, the Company recorded a charge of $0.3 million during the first quarter of 2020 for the unamortized issuance costs. This redemption reduced the Company's Tier 1 equity capital at that date by a net of $24.7 million and pretax annual interest expense by $2.4 million.
Based on our current outlook, we believe that net income, advances from the FHLB, available other borrowings and any dividends paid to us by the Bank will be sufficient to fund liquidity requirements for the next twelve months.
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Regulatory Capital Requirements
We are subject to various regulatory capital requirements administered by theFederal Reserve and OCC. Failure to meet regulatory capital requirements may result in certain discretionary, and possible mandatory actions by regulators that, if taken, could have a direct material effect on our business, financial condition and results of operation. Under the federal capital adequacy rules 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-balance sheet items as calculated for regulatory capital purposes. Our capital amounts and classification are also subject to qualitative judgments by the regulators, including anticipated capital needs. Supervisory assessments of capital adequacy may differ significantly from conclusions based solely upon the regulations' risk-based capital ratios. Quantitative measures established by regulation to ensure capital adequacy require us to maintain minimum CET1, Tier 1 leverage, Tier 1 risk-based capital and total risk-based capital ratios. The Basel III rules became effective for the Company and the Bank on January 1, 2015 with full compliance with all of the requirements being phased in by January 1, 2019. The Company and the Bank opted to not include the AOCI in computing regulatory capital. As of December 31, 2022, management believes that the Company and the Bank meet all capital adequacy requirements to which they are subject, and are well-capitalized. In addition, Basel III rules required the Company and the Bank to hold a minimum capital conservation buffer of 2.50%. The Company's capital conservation buffer at year end 2022 and 2021 was 4.4% and 6.6%, respectively, and therefore no regulatory restrictions exist under the applicable capital rules on dividends or discretionary bonuses or other payments. See -"Supervision and Regulation- Capital" for more information regarding regulatory capital.
Our Company's consolidated regulatory capital amounts and ratios are presented in the following table:
Required for Capital Adequacy Regulatory Minimums To be Well Actual Purposes Capitalized (in thousands, except percentages) Amount Ratio Amount Ratio Amount Ratio December 31, 2022 Total capital ratio $ 947,505 12.39 % $ 611,733 8.00 % $ 764,666 10.00 % Tier 1 capital ratio 833,078 10.89 % 458,799 6.00 % 611,733 8.00 % Tier 1 leverage ratio 833,078 9.18 % 363,130 4.00 % 453,913 5.00 % CET1 capital ratio 772,105 10.10 % 344,100 4.50 % 497,033 6.50 % December 31, 2021 Total capital ratio $ 934,512 14.56 % $ 513,394 8.00 % $ 641,742 10.00 % Tier 1 capital ratio 862,962 13.45 % 385,045 6.00 % 513,394 8.00 % Tier 1 leverage ratio 862,962 11.52 % 299,746 4.00 % 374,683 5.00 % CET1 capital ratio 801,907 12.50 % 288,784 4.50 % 417,133 6.50 % December 31, 2020 Total capital ratio $ 876,966 13.96 % $ 502,463 8.00 % $ 628,078 10.00 % Tier 1 capital ratio 798,033 12.71 % 376,847 6.00 % 502,463 8.00 % Tier 1 leverage ratio 798,033 10.11 % 315,770 4.00 % 394,713 5.00 % CET1 capital ratio 736,930 11.73 % 282,635 4.50 % 408,251 6.50 % 128
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The Bank's consolidated regulatory capital amounts and ratios are presented in the following table: Required for Capital Adequacy Regulatory Minimums to be Well Actual Purposes Capitalized (in thousands, except percentages) Amount Ratio Amount Ratio Amount Ratio December 31, 2022 Total capital ratio $ 923,113 12.10 % $ 610,149 8.00 % $ 762,686 10.00 % Tier 1 capital ratio 837,970 10.99 % 457,612 6.00 % 610,149 8.00 % Tier 1 leverage ratio 837,970 9.27 % 361,655 4.00 % 452,069 5.00 % CET1 capital ratio 837,970 10.99 % 343,209 4.50 % 495,746 6.50 % December 31, 2021 Total capital ratio $ 957,852 14.94 % $ 512,780 8.00 % $ 640,976 10.00 % Tier 1 capital ratio 886,301 13.83 % 384,585 6.00 % 512,780 8.00 % Tier 1 leverage ratio 886,301 11.84 % 299,466 4.00 % 374,332 5.00 % CET1 capital ratio 886,301 13.83 % 288,439 4.50 % 416,634 6.50 % December 31, 2020 Total capital ratio $ 873,152 13.91 % $ 502,214 8.00 % $ 627,768 10.00 % Tier 1 capital ratio 794,257 12.65 % 376,661 6.00 % 502,214 8.00 % Tier 1 leverage ratio 794,257 10.07 % 315,569 4.00 % 394,461 5.00 % CET1 capital ratio 794,257 12.65 % 282,495 4.50 % 408,049 6.50 % The Basel III Capital Rules revised the definition of capital and describe the capital components and eligibility criteria for CET1 capital, additional Tier 1 capital and Tier 2 capital. See "Item 1. Business - Supervision and Regulation" for detailed information. During 2020, the Company redeemed all $26.8 million of its outstanding 8.90% trust preferred securities issued by Capital Trust I and related junior subordinated debentures. See "Capital Resources and Liquidity Management" for more detail on the redemption of trust preferred securities and related junior subordinated debt. During the first quarter of 2020, the Company adopted the simplified capital rules for non-advanced approaches institutions with no material effect on the Company's regulatory capital and ratios. In addition, as of March 31, 2020, the Company determined to opt out of adopting the new community bank leverage ratio framework given that the perceived benefits provided by the new regulation did not exceed the potential costs considering the Company's current and projected size and operations. See "Item.1 - Supervision and Regulation" for additional information on the simplified capital rules and the community bank leverage ratio framework. In the fourth quarter of 2022, the Company adopted CECL. The Company has not elected to apply an available three-year transition provision to its regulatory capital computations as a result of its adoption of CECL in 2022. See Note 1 to our audited annual consolidated financial statements in this Form 10-K for details on the adoption of CECL. 129
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Effects of Inflation and Changing Prices
The consolidated financial statements and related consolidated financial data presented herein have been prepared in accordance with GAAP and practices within the banking industry, which require the measurement of financial position and operating results in terms of historical Dollars without considering the changes in the relative purchasing power of money over time due to inflation. Unlike most industrial companies, virtually all the assets and liabilities of a financial institution are monetary in nature. As a result, interest rates have a more significant impact on a financial institution's performance than the effects of general levels of inflation. However, inflation also affects a financial institution by increasing its cost of goods and services purchased, as well as the cost of salaries and benefits, occupancy expense, and similar items. Inflation and related increases in interest rates generally decrease the market value of investments and loans held and may adversely affect liquidity, earnings, and shareholders' equity. Loan originations and re-financings also tend to slow as interest rates increase, and higher interest rates may reduce a financial institution's earnings from such origination activities. Similarly, lower inflation and rate decreases increase the fair value of securities and loan origination and refinancing tend to accelerate.
Off-Balance Sheet Arrangements
We may engage in a variety of financial transactions in the ordinary course of business that, under GAAP, may not be recorded on the balance sheet. Those transactions may include contractual commitments to extend credit in the ordinary course of our business activities to meet the financing needs of customers. Such commitments involve, to varying degrees, elements of credit, market and interest rate risk in excess of the amount recognized in the balance sheets. These commitments are legally binding agreements to lend money at predetermined interest rates for a specified period of time and generally have fixed expiration dates or other termination clauses. We use the same credit and collateral policies in making these credit commitments as we do for on-balance sheet instruments. We evaluate each customer's creditworthiness on a case-by-case basis and obtain collateral, if necessary, based on our credit evaluation of the borrower. In addition to commitments to extend credit, we also issue standby letters of credit that are commitments to a third-party in specified amounts of payment or performance, if our customer fails to meet its contractual obligation to the third-party. The credit risk involved in the underwriting of letters of credit is essentially the same as that involved in extending credit to customers. The following table shows the outstanding balance of our off-balance sheet arrangements as of the end of the periods presented. Except as disclosed below, we are not involved in any other off-balance sheet contractual relationships that are reasonably likely to have a current or future material effect on our financial condition, a change in our financial condition, revenues or expenses, results of operations, liquidity, capital expenditures or capital resources. December 31, (in thousands) 2022 2021 2020 Commitments to extend credit $ 1,165,701 $ 899,016 $ 763,880 Letters of credit 20,726 32,107 11,157 $ 1,186,427 $ 931,123 $ 775,037 Commitments to extend credit increased $266.7 million, or 29.7%, as of December 31, 2022 compared to December 31, 2021. This was mainly driven by an increase in commercial and industrial loan commitments. The Company uses interest rate swaps and other derivative instruments as part of its normal business operations. See Footnote 12- Derivatives to our consolidated financial statements for details. 130
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Table of Contents Contractual Obligations In the normal course of business, we and our subsidiaries enter into various contractual obligations that may require future cash payments. Significant commitments for future cash obligations include capital expenditures related to real estate and equipment operating leases and other borrowing arrangements. The table below summarizes, by remaining maturity, our significant contractual cash obligations as of December 31, 2022. Amounts in this table reflect the minimum contractual obligation under legally enforceable contracts with terms that are both fixed and determinable. All other contractual cash obligations on this table are reflected in our consolidated balance sheet.
As of December 31, 2022, we had the following contractual cash obligations:
Payments Due Date Less than one One to three Over three to More than five (in thousands) Total year years five years years
Operating lease obligations $ 247,731 $ 13,046
$ 26,196 $ 26,740 $ 181,749 Time deposits 1,728,255 1,461,456 209,043 54,316 3,440 Borrowings: FHLB advances 910,000 305,000 555,000 50,000 - Senior notes 60,000 - 60,000 - - Subordinated notes 30,000 - - - 30,000 Junior subordinated debentures 64,178 - - - 64,178 Contractual interest payments (1) 123,150 33,381 34,094 12,856 42,819 $ 3,163,314 $ 1,812,883 $ 884,333 $ 143,912 $ 322,186 __________________
(1) Calculated assuming a constant interest rate as of December 31, 2022.
We believe that we will be able to meet our contractual obligations as they come due through the maintenance of adequate liquidity. We expect to maintain adequate liquidity through the results of operations, loan and securities repayments and maturities and continued deposit gathering activities. We also have various borrowing facilities at the Bank to satisfy both short-term and long-term liquidity needs. In December 2021, the Company became a strategic lead investor in the JAM FINTOP Blockchain fund (the "Fund"). Our initial commitment was approximately $5.4 million, or 4.9% of the total size of the Fund, and could reach $9.8 million if the Fund increased to its maximum target size of $200 million. The final closing for the Fund was on June 30, 2022, and the total commitment was $161.6 million from the $200 million expected. Therefore, in 2022, our capital commitment in the fund changed from $5.4 million to $7.9 million. 131
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Critical Accounting Policies and Estimates
The preparation of our consolidated financial statements in accordance with GAAP requires us to make estimates and judgments that affect our reported amounts of assets, liabilities, revenues and expenses and related disclosure of contingent assets and liabilities. We base our estimates on historical experience and on various other assumptions that are believed to be reasonable under current circumstances, results of which form the basis for making judgments about the carrying value of certain assets and liabilities that are not readily available from other sources. We evaluate our estimates on an ongoing basis. Actual results may differ from these estimates under different assumptions or conditions. Accounting policies, as described in detail in the notes to our consolidated financial statements, are an integral part of our financial statements. A thorough understanding of these accounting policies is essential when reviewing our reported results of operations and our financial position. We believe that the critical accounting policies and estimates discussed below require us to make difficult, subjective or complex judgments about matters that are inherently uncertain. Changes in these estimates, that are likely to occur from period to period, or using different estimates that we could have reasonably used in the current period, would have a material impact on our financial position, results of operations or liquidity. Securities. Securities generally must be classified as held to maturity, or HTM, debt securities available-for-sale, or AFS, trading or, equity securities with readily available fair values. Securities classified as HTM are securities we have both the ability and intent to hold until maturity and are carried at amortized cost, less any allowance for credit losses. Trading securities, if we had any, would be held primarily for sale in the near term to generate income. Debt securities that do not meet the definition of trading or HTM are classified as AFS. The classification of investment securities is significant since it directly impacts the accounting for unrealized gains and losses on these securities. Unrealized gains and losses on trading securities, if we had any, and equity securities with readily available fair values, would flow directly through earnings during the periods in which they arise. AFS securities are measured at fair value each reporting period. Unrealized gains and losses on AFS securities are recorded as a separate component of shareholders' equity (accumulated other comprehensive income or loss) and do not affect earnings until realized or deemed to be credit-impared. Investment securities that are classified as HTM are recorded at amortized cost, and reduced by an estimated amount of expected credit loss during the life of the investment, if any. For debt securities available for sale, the Company evaluates whether: (i) the fair value of the securities is less than the amortized costs basis; (ii) it intends to sell, or it is more likely than not that it will be required to sell, the security before recovery of its amortized cost basis, and (iii) the decline in fair value has resulted from credit losses or other factors. The Company estimates credit losses on debt securities available for sale using a discounted cash flow model. The present value of an impaired debt security results from estimating future cash flows that are expected to be collected, discounted at the debt security's effective interest rate. The Company develops its estimates about cash flows expected to be collected and determines whether a credit loss exists, generally using information about past events, current conditions, reasonable and supportable forecasts and other qualitative factors including the extent to which fair value is less than amortized cost basis, adverse conditions specifically related to the security, industry or geographic area, changes in conditions of any collateral underlying the securities, changes in credit ratings, failure of the issuer to make scheduled payments, among other qualitative factors specific to the applicable security. If a credit loss exists, the Company records an allowance for the credit losses, limited to the amount by which the fair value is less than the amortized cost basis. The Company recognizes in AOCI/AOCL any impairment that has not been recorded through an allowance for credit losses. Debt securities available for sale are charged off to the extent that there is no reasonable expectation of recovery of amortized cost basis. Debt securities available for sale are placed on non-accrual status if the Company does not reasonably expect to receive interest payments in the future and interest accrued is reversed against interest income. Securities are returned to accrual status only when collection of interest is reasonably assured. 132
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Fair Value of Financial Instruments. We are, under applicable accounting guidance, required to maximize the use of observable inputs and minimize the use of unobservable inputs in measuring fair value. We classify fair value measurements of financial instruments based on the three-level fair value hierarchy in the guidance. We carry AFS debt and other securities, BOLI policies and derivative assets and liabilities at fair value. The fair values of assets and liabilities may include adjustments for various factors, such as market liquidity and credit quality, where appropriate. Valuations of products using models or other techniques are sensitive to assumptions used for the significant inputs. Where market data is available, the inputs used for valuation reflect that information as of our valuation date. Inputs to valuation models are considered unobservable if they are supported by little or no market activity. In periods of extreme volatility, lessened liquidity or in illiquid markets, there may be more variability in market pricing or a lack of market data to use in the valuation process. In keeping with the prudent application of estimates and management judgment in determining the fair value of assets and liabilities, we have in place various processes and controls including validation controls, for which we utilize both broker and pricing service inputs. Data from these services may include both market-observable and internally-modeled values and/or valuation inputs. Our reliance on this information is affected by our understanding of how the broker and/or pricing service develops its data with a higher degree of reliance applied to those that are more directly observable and lesser reliance applied to those developed through their own internal modeling. Similarly, broker quotes that are executable are given a higher level of reliance than indicative broker quotes, which are not executable. These processes and controls are performed independently of the business. For additional information, see Note 18 of our audited consolidated financial statements.
Allowance for Credit Losses
In 2022, the Company adopted Accounting Standards Codification Topic 326 - Financial Instruments - Credit Losses (ASC Topic 326), which replaced the incurred loss methodology for estimated probable loan losses with an expected credit loss methodology that is referred to as the current expected credit loss ("CECL") methodology. The Company adopted the CECL guidance as of the beginning of the reporting period of adoption, January 1, 2022, using a modified retrospective approach for all its financial assets measured at amortized cost and off-balance sheet credit exposures. Under the CECL accounting guidance, the Allowance for Credit Losses, or ACL, is a valuation account that is deducted from the amortized cost basis of financial assets, including loans held for investments and debt securities held to maturity, to present the net amount that is expected to be collected throughout the life of those financial assets. The estimated ACL is recorded through a provision for credit losses charged against income. Management periodically evaluates the adequacy of the ACL to maintain it at a level it believes to be reasonable. The Company uses the same methods used to determine the ACL to assess any reserves needed for off-balance sheet credit risks such as unfunded loan commitments and contingent obligations on letters of credit. These reserves for off-balance sheet credit risks are presented in the liabilities section in the consolidated balance sheets. The Company develops and documents its methodology to determine the ACL at the portfolio segment level. The Company determines its loan portfolio segments based on the type of loans it carries and their associated risk characteristics. The measurement of expected credit losses considers information about historical events, current conditions, reasonable and supportable forecasts and other relevant information. Determining the amount of the ACL is complex and requires extensive judgment by management about matters that are inherently uncertain. Re-evaluation of the ACL estimate in future periods, in light of changes in composition and characteristics of the loan portfolio, changes in the reasonable and supportable forecast and other factors then prevailing may result in material changes in the amount of the ACL and credit loss expense in those future periods. Expected credit losses are estimated on a collective basis for groups of loans that share similar risk characteristics. Factors that may be considered in aggregating loans for this purpose include but are not necessarily limited to, product or collateral type, industry, geography, internal risk rating, credit characteristics such as credit scores or collateral values, and historical or expected credit loss patterns. For loans that do not share similar risk characteristics with other loans such as collateral dependent loans and modifications to borrowers experiencing financial difficulties, expected credit losses are estimated on an individual basis. 133
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Expected credit losses are estimated over the contractual terms of the loans, adjusted for expected prepayments. Expected prepayments for commercial and commercial real estate loans are generally estimated based on the Company's historical experience. For residential loans, expected prepayments are estimated using a model that incorporates industry prepayment data, calibrated to reflect the Company's experience. The contractual term excludes expected extensions, renewals, and modifications unless either of the following applies: management has a reasonable expectation at the reporting date a modification related to a borrower experiencing financial difficulty will be executed, or the extension or renewal options are included in the original or modified contract at the reporting date and are not unconditionally cancellable by the Company. With respect to modifications made to borrowers experiencing financial difficulty, a change to the ACL is generally not recorded upon modification since the effect of these modifications is already included in the ACL given the measurement methodologies used to estimate the ACL. From time to time, the Company modifies loans by providing principal forgiveness on certain of its real estate loans. When principal forgiveness is provided, the amortized cost basis of the asset is written off against the ACL. The amount of the principal forgiveness is deemed to be uncollectible; therefore, that portion of the loan is written off, resulting in a reduction of the amortized cost basis and a corresponding adjustment to the ACL. For the largest portfolio segments, including commercial and commercial real estate loans, expected credit losses are estimated using probability of default ("PD") and loss given default ("LGD") bottom-up approach, which derives the expected losses from borrower's and market or industry specific risk characteristics. For smaller-balance homogeneous loans with similar risk characteristics, including residential, consumer and small business loans, the models estimate lifetime loan losses based on the portfolio's historical behavior. In order to incorporate forward-looking expectations, the ACL for these portfolios is adjusted based on macroeconomic factors proven to have effects on the performance of the credit quality of each respective portfolio. The models incorporate a probability-weighted blend of macroeconomic scenarios by ingesting numerous national, regional and metropolitan statistical area ("MSA") level variables and data points. Some of the more impactful include both current and forecasted unemployment rates, home price index, CRE property forecasts, stock market and market volatility indices, real gross domestic product growth, and a variety of interest rates and spreads. The macroeconomic forecast process is complex and varies from period to period and therefore may results in increased volatility in the ACL and earnings. All loss estimates are conditioned as applicable on changes in current conditions and the reasonable and supportable economic forecast. Additionally, the Company makes qualitative adjustments to the ACL when, based on management's judgment, there are factors impacting expected credit losses not taken into account by the quantitative calculations. Potential qualitative adjustments include economic factors, including material trends and developments that, in management's judgment, may not have been considered in the reasonable and supportable economic forecast, credit policy and staffing, including the nature and level of policy and procedural exceptions or changes in credit policy not reflected in quantitative results, changes in the quality of underwriting and portfolio management and staff and issues identified by credit review, internal audit or regulators that may not be reflected in quantitative results, concentrations, considering whether the quantitative estimate adequately accounts for concentration risk in the portfolio, model imprecision and model validation findings; and other factors not adequately considered in the quantitative estimate or other qualitative categories identified by management that may materially impact the amount of expected credit losses. The Company expects to collect the amortized cost basis of government insured residential loans due to the nature of the government guarantee and, therefore generally have no expected credit losses. 134
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Expected credit losses on loans to borrowers that are domiciled in foreign countries, primarily loans in the Consumer and Financial Institutions portfolios are generally estimated by assessing the any available cash or other types of collateral, and the probability of losses arising from the Company's exposure to those collateral assets. Loans in this portfolio are generally fully collateralized with cash, securities and other assets and, therefore, generally have no expected credit losses. Commercial real estate, commercial and financial institution loans are charged off against the ACL when they are considered uncollectable. These loans are considered uncollectable when a loss becomes evident to management, which generally occurs when the following conditions are present, among others: (1) a loan or portions of a loan are classified as "loss" in accordance with the internal risk grading system; (2) a collection attorney has provided a written statement indicating that a loan or portions of a loan are considered uncollectible; and (3) the carrying value of a collateral-dependent loan exceeds the appraised value of the asset held as collateral. Consumer and other retail loans are charged off against the ACL at the earlier of (1) when management becomes aware that a loss has occurred, or (2) beginning effectiev as of December 31, 2022, when closed-end retail loans become past due 90 days (120 previously) or open-end retail loans become past due 180 days from the contractual due date. For open and closed-end retail loans secured by residential real estate, any outstanding loan balance in excess of the fair value of the property, less cost to sell, is charged off no later than when the loan is 180 days past due from the contractual due date. Consumer and other retail loans may not be charged off when management can clearly document that a past due loan is well secured and in the process of collection such that collection will occur regardless of delinquency status in accordance with regulatory guidelines applicable to these types of loans. Recoveries on loans represent collections received on amounts that were previously charged off against the ACL. Recoveries are credited to the ACL when received, to the extent of the amount previously charged off against the ACL on the related loan. Any amounts collected in excess of this limit are first recognized as interest income, then as a reduction of collection costs, and then as other income. While most of the measures and restrictions enacted during the COVID-19 pandemic have been lifted, and businesses reopened, generally. the Company cannot predict when circumstances may change and whether restrictions that have been lifted will need to be imposed or tightened in the future if viewed as necessary due to public health concerns. Given the uncertainty regarding the spread and severity of the COVID-19 pandemic and its adverse effects on theU.S. and global economies, the impact to the Company's loan portfolio cannot be accurately predicted at this time. Additionally, in late September 2022, the Hurricane, which impacted several countries in theCaribbean , and theU.S. , caused significant damage, and disrupting businesses in several regions, including several South andCentral Florida counties in which the Company does business, including theTampa Bay ,Port Charlotte ,Naples andOrlando markets and their surrounding areas. See - "Hurricane Ian" in "Item1- Business" for more information about the Hurricane. The Company has not identified any significant impacts to the loan portfolio of the Company deemed to be located in the areas that may have been meaningfully impacted by the Hurricane, and the Company has not identified any significant impact to the collateral securing the loans in the exposed loan portfolio in the region. The Company has been in contact with the impacted borrowers and has been performing site visits as well. Since there is significant uncertainty with respect to the full extent of the negative impacts due to the unprecedented nature of the Hurricane, the Company's estimates with respect to the loan portfolio potentially impacted and the ACL currently estimable, are based on judgment and subject to change as conditions evolve. The Company will continue to carefully assess and review the exposure of the portfolios to hurricane-related factors, economic trends and their effect on credit quality and that assessment and review could result in further provision for credit losses in future periods.Goodwill .Goodwill is evaluated for impairment at least annually and on an interim basis if an event or circumstance indicates that it is likely an impairment has occurred. We have applied significant judgment for annual goodwill impairment testing purposes. Based on this evaluation, we concluded goodwill was not considered impaired as of December 31, 2022. Future negative changes may result in potential impairments in future periods. 135
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Determining the fair value of the reporting unit to which goodwill is allocated to (the Company as a whole since we report using a single-segment concept) is considered a critical accounting estimate because it requires significant management judgment and the use of subjective measurements. Variability in the market and changes in assumptions or subjective measurements used to determine fair value are reasonably possible and may have a material impact on our financial position, liquidity or results of operations. Deferred Income Taxes. We use the balance sheet method of accounting for income taxes as prescribed by GAAP. Under this method, DTAs and deferred tax liabilities, or DTLs, are recognized for the future tax consequences attributable to differences between the financial statement carrying amounts of existing assets and liabilities and their respective tax bases. If current available information raises doubt as to the realization of the DTAs a valuation allowance is established. DTAs and DTLs are measured using enacted tax rates expected to apply to taxable income in the years in which those temporary differences are expected to be recovered or settled. Accounting for deferred income taxes is a critical accounting estimate because we exercise significant judgment in evaluating the amount and timing of recognition of the resulting tax assets and liabilities. Management's determination of the realization of DTAs is based upon management's judgment of various future events and uncertainties, including the timing and amount of future income, reversing temporary differences which may offset, and the implementation of various tax plans to maximize realization of the DTAs. These judgments and estimates are inherently subjective and reviewed on a continual basis as regulatory and business factors change. Any reduction in estimated future taxable income may require us to record a valuation allowance against our DTAs. A DTA valuation allowance would result in additional income tax expense in such period, which would negatively affect earnings. Conversely, the reversal of a valuation allowance previously recorded against a DTA would result in lower tax expense. Recently Issued Accounting Pronouncements. We have evaluated new accounting pronouncements that have recently been issued and have determined that certain of these new accounting pronouncements should be described in this section because, upon their adoption, there could be a significant impact to our operations, financial condition or liquidity in future periods. In the fourth quarter of 2022, the Company adopted new accounting guidance on current expected credit losses, or CECL with retroactive application as of January 1, 2022, the beginning of the adoption period. Please refer to Note 1 of our audited consolidated financial statements in this Form-10K for a detailed discussion of CECL and other recently issued accounting pronouncements that have been adopted by us that will require enhanced disclosures in our financial statements in future periods. 136
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