OCC 97-1 Subject: Working with Borrowers Description: Message to Bankers and Examiners Affected by Disasters TO: Chief Executive Officers of all National Banks, Department and Division Heads, and all Examining Personnel PURPOSE This issuance is intended to encourage bankers to work with borrowers in communities affected by disasters, either natural or man-made. The OCC recognizes that the effects of such disasters on individuals and businesses are often temporary, and that prudent efforts to adjust or alter terms on existing loans in affected areas should not be subject to examiner criticism. POLICY One of the principal objectives of the OCC's supervision by risk approach is to achieve an accurate assessment of a bank's risk management practices. This assessment includes an evaluation of how a bank identifies, monitors, manages, and controls risks when a segment of its loan portfolio is affected by external factors, such as a natural or man-made disaster. The OCC recognizes that efforts by banks to work with borrowers in communities under stress, if conducted in a reasonable manner, are consistent with safe and sound banking practice, effective risk management, and are in the public interest. Banks may, as part of an effective risk management process, choose to work with borrowers by extending repayment terms or otherwise restructuring a borrower's debt obligations. Such cooperative efforts can ease pressures on troubled borrowers, improve their capacity to service debt, and strengthen the bank's ability to collect its loans. Banks may also ease credit extension terms for new loans to certain borrowers, consistent with prudent banking and risk management practices. This will help such borrowers recover their financial strength and place them in a better position to service their debts. With proper risk controls and management oversight, these steps can contribute to the health of the local community and serve both the bank's and the customer's long-term interests. Consistent with long-standing OCC practice, such efforts by lenders will not be subject to examiner criticism, if carried out in a prudent manner. The OCC has six district offices that should be used as initial contact points for national banks in need of assistance in dealing with customers affected by disasters. For banks located in the: AREA CONTACT Central states Chicago at (312) 360-8800 IN, IL, KY, OH, MI, WI Midwestern states Kansas City at (816) 556-1800. IA, KS, NE, ND & SD, MN, MO, Northeast New York at (212) 819-9860 CT, DE, MA, ME, MD, NH, NJ, NY, PA, RI Southeast states Atlanta at (404) 659-8855 AL, FL, GA, MS, NC, SC, TN, VA, WV Southwest Dallas at (214) 720-0656 AR, LA, NM, OK, TX Western states San Francisco at (415) 545-5900 AK, AZ, CA, CO, HI, ID, MT, NV, OR, UT, WA, WY OTHER RELATED OCC RELEASES The following banking and examining issuances contain additional guidance for dealing with troubled loan situations: o Banking Circular 255 Troubled Loan Workouts and Loans to Borrowers in Troubled Industries o Examining Circular 222 Agricultural Loan Classification o Banking Bulletin 93-12 Interagency Policy Statement on Credit Availability o News Release 93-58 Federal Regulators Announce Additional Credit Availability Initiatives Questions about this OCC bulletin, or any of the issuances listed above, should be directed to the Office of the Chief National Bank Examiner at (202) 874-5350. Eugene A. Ludwig Comptroller of the Currency Date: March 14, 1997