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Bank of Marin Bancorp

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FY2023 Annual Report · Bank of Marin Bancorp
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2023 ANNUAL REPORT 

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.  20549

FORM 10-K

(Mark One)

 ☒ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

 ☐ TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934

For the fiscal year ended December 31, 2023

OR

For the transition period from __________________ to __________________

Commission File Number  001-33572 

Bank of Marin Bancorp 

(Exact name of Registrant as specified in its charter)

(State or other jurisdiction of incorporation or organization)  

(IRS Employer Identification No.)

California

20-8859754

504 Redwood Blvd.

 Suite 100

Novato

CA

(Address of principal executive office)

94947

(Zip Code)

Registrant’s telephone number, including area code:  (415) 763-4520 

Securities registered pursuant to Section 12 (b) of the Act:

None

Securities registered pursuant to section 12(g) of the Act:

Title of each class
   Common Stock, No Par Value

Trading symbol
BMRC

Name of each exchange on which registered
The Nasdaq Stock Market

Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. 
Yes   ☐      

No  ☒

Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act.
Yes   ☐      

No  ☒

Note  -  Checking  the  box  above  will  not  relieve  any  registrant  required  to  file  reports  pursuant  to  Section  13  or  15(d)  of  the 
Exchange Act from their obligations under those Sections.

Indicate  by  check  mark  whether  the  registrant  (1)  has  filed  all  reports  to  be  filed  by  Section  13  or  15(d)  of  the  Securities 
Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such 
reports), and (2) has been subject to such filing requirements for the past 90 days.
Yes  ☒                   No  ☐

Indicate by check mark whether the registrant has submitted electronically every Interactive Data File required to be submitted 
pursuant to Rule 405 of Regulation S-T (§ 232.405 of this chapter) during the preceding 12 months (or for such shorter period 
that the registrant was required to submit and post such files).  
Yes  ☒                   No  ☐

 
 
 
 
 
 
 
 
 
 
 
Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer,  smaller 
reporting company, or an emerging growth company.  See the definitions of “large accelerated filer,” “accelerated filer”, “smaller 
reporting company,” and "emerging growth company" in Rule 12b-2 of the Exchange Act.

Large accelerated filer 

☐

Non-accelerated filer 

☐
Emerging growth company  ☐

Accelerated filer 

☒
Smaller reporting company  ☐

If an emerging growth company, indicate by check mark if the registrant has elected not to use the extended transition period for 
complying with any new or revised financial accounting standards provided pursuant to Section 13(a) of the Exchange Act.       ☐ 

Indicate  by  check  mark  whether  the  registrant  has  filed  a  report  on  and  attestation  to  its  management’s  assessment  of  the 
effectiveness of its internal control over financial reporting under Section 404(b) of the Sarbanes-Oxley Act (15 U.S.C. 7262(b)) 
by the registered public accounting firm that prepared or issued its audit report.  

                                           ☒

If securities are registered pursuant to Section 12(b) of the Act, indicate by check mark whether the financial statements of the 
registrant included in the filing reflect the correction of an error to previously issued financial statements.        ☐

Indicate by check mark whether any of those error corrections are restatements that required a recovery analysis of incentive-
based  compensation  received  by  any  of  the  registrant's  executive  officers  during  the  relevant  recovery  period  pursuant  to 
§240.10D-1(b).  

 ☐

Indicate by check mark if the registrant is a shell company, as defined in Rule 12b-2 of the Exchange Act.  Yes   ☐       No  ☒

As  of  June  30,  2023,  the  last  business  day  of  the  registrant's  most  recently  completed  second  fiscal  quarter,  the  aggregate 
market  value  of  the  voting  common  equity  held  by  non-affiliates,  based  upon  the  closing  price  per  share  of  the  registrant's 
common  stock  as  reported  by  the  Nasdaq,  was  approximately  $269  million.    For  the  purpose  of  this  response,  directors  and 
certain officers of the Registrant are considered affiliates at that date.

As of February 29, 2024, there were 16,193,342 shares of common stock outstanding.

DOCUMENTS INCORPORATED BY REFERENCE

Portions of the registrant's Proxy Statement for the Annual Meeting of Shareholders to be held on May 14, 2024 are incorporated 
by reference into Part III.

 
 
 
 
 
 
 
 
 
 
 
 
PART I

TABLE OF CONTENTS

BUSINESS

Forward-Looking Statements
ITEM 1.
ITEM 1A. RISK FACTORS
ITEM 1B. UNRESOLVED STAFF COMMENTS
ITEM 1C. CYBERSECURITY
ITEM 2.
ITEM 3.
ITEM 4.
PART II
ITEM 5.

PROPERTIES
LEGAL PROCEEDINGS
MINE SAFETY DISCLOSURES

ITEM 6.
ITEM 7. 

MARKET FOR REGISTRANT'S COMMON EQUITY, RELATED STOCKHOLDER 
MATTERS AND ISSUER PURCHASES OF EQUITY SECURITIES
[RESERVED]
MANAGEMENT'S DISCUSSION AND ANALYSIS OF FINANCIAL CONDITION AND 
RESULTS OF OPERATIONS

Forward-Looking Statements
Critical Accounting Estimates

RESULTS OF OPERATIONS

Financial Highlights
Executive Summary
Net Interest Income
Provision for Credit Losses
Non-Interest Income
Non-Interest Expense
Provision for Income Taxes

FINANCIAL CONDITION 
Investment Securities
Loans
Allowance for Credit Losses
Other Assets
Deposits
Borrowings
Deferred Compensation Obligations
Capital Adequacy
Liquidity and Capital Resources
Non-GAAP Financial Measures

ITEM 7A. QUANTITATIVE AND QUALITATIVE DISCLOSURES ABOUT MARKET RISK
ITEM 8.

FINANCIAL STATEMENTS AND SUPPLEMENTARY DATA

Report of Independent Registered Public Accounting Firm

Management's Report on Internal Control over Financial Reporting

Consolidated Statements of Condition

Consolidated Statements of Comprehensive Income (Loss)
Consolidated Statements of Changes in Stockholders' Equity

Consolidated Statements of Cash Flows

NOTES TO CONSOLIDATED FINANCIAL STATEMENTS
Note 1: Summary of Significant Accounting Policies

2

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Note 2: Investment Securities
Note 3: Loans and Allowance for Credit Losses
Note 4: Bank Premises and Equipment
Note 5: Bank Owned Life Insurance
Note 6: Deposits
Note 7: Borrowings
Note 8: Stockholders' Equity and Stock Plans
Note 9: Fair Value of Assets and Liabilities
Note 10: Benefit Plans
Note 11: Income Taxes
Note 12: Commitments and Contingencies
Note 13: Concentrations of Credit Risk
Note 14: Derivative Financial Instruments and Hedging Activities
Note 15: Regulatory Matters
Note 16: Financial Instruments with Off-Balance Sheet Risk
Note 17: Condensed Bank of Marin Bancorp Parent Only Financial Statements
Note 18: Merger

ITEM 9.

CHANGES IN AND DISAGREEMENTS WITH ACCOUNTANTS ON ACCOUNTING 
AND FINANCIAL DISCLOSURE

ITEM 9A. CONTROLS AND PROCEDURES
ITEM 9B. OTHER INFORMATION
ITEM 9C. DISCLOSURES REGARDING FOREIGN JURISDICTIONS THAT PREVENT 

INSPECTIONS

PART III
ITEM 10.
ITEM 11.
ITEM 12.

ITEM 13.

ITEM 14.
PART IV
ITEM 15.
ITEM 16.
SIGNATURES

DIRECTORS, EXECUTIVE OFFICERS AND CORPORATE GOVERNANCE
EXECUTIVE COMPENSATION
SECURITY OWNERSHIP OF CERTAIN BENEFICIAL OWNERS AND 
MANAGEMENT AND RELATED STOCKHOLDER MATTERS
CERTAIN RELATIONSHIPS AND RELATED TRANSACTIONS, AND DIRECTOR 
INDEPENDENCE
PRINCIPAL ACCOUNTANT FEES AND SERVICES

EXHIBITS AND FINANCIAL STATEMENT SCHEDULES
FORM 10-K SUMMARY

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Forward-Looking Statements

PART I       

This Annual  Report  on  Form  10-K  includes  forward-looking  statements  within  the  meaning  of  Section  27A  of  the 
Securities Act of 1933, as amended, (the "1933 Act") and Section 21E of the Securities Exchange Act of 1934, as 
amended, (the "1934 Act").  Those sections of the 1933 Act and 1934 Act provide a "safe harbor" for forward-looking 
statements to encourage companies to provide prospective information about their financial performance so long as 
they provide meaningful, cautionary statements identifying important factors that could cause actual results to differ 
significantly from projected results.

Our  forward-looking  statements  include  descriptions  of  plans  or  objectives  of  management  for  future  operations, 
products or services, and forecasts of revenues, earnings or other measures of economic performance.  Forward-
looking  statements  can  be  identified  by  the  fact  that  they  do  not  relate  strictly  to  historical  or  current  facts.   They 
often include the words "believe," "expect," "intend," "estimate" or words of similar meaning, or future or conditional 
verbs preceded by "will," "would," "should," "could" or "may."

Forward-looking statements are based on management's current expectations regarding economic, legislative, and 
regulatory issues that may impact Bancorp's earnings in future periods.  Factors that could cause future results to 
vary materially from current management expectations include, but are not limited to, general economic conditions 
and the economic uncertainty in the United States and abroad, including economic or other disruptions to financial 
markets caused by acts of terrorism, war or other conflicts such as the war between Russia and Ukraine and more 
recently  the  war  between  Israel  and  Hamas,  impacts  from  inflation,  supply  chain  disruptions,  changes  in  interest 
rates  (including  the  actions  taken  by  the  Federal  Reserve  to  control  inflation),  California's  unemployment  rate, 
deposit  flows,  real  estate  values,  and  expected  future  cash  flows  on  loans  and  securities;  the  impact  of  adverse 
developments  at  other  banks,  including  bank  failures,  that  impact  general  sentiment  regarding  the  stability  and 
liquidity  of  banks;  costs  or  effects  of  acquisitions;  competition;  changes  in  accounting  principles,  policies  or 
guidelines;  changes  in  legislation  or  regulation;  natural  disasters  (such  as  wildfires  and  earthquakes  in  our  area); 
adverse weather conditions; interruptions of utility service in our markets for sustained periods; and other economic, 
competitive, governmental, regulatory and technological factors (including external fraud and cybersecurity threats) 
affecting our operations, pricing, products and services; and successful integration of acquisitions. 

Important  factors  that  could  cause  results  or  performance  to  differ  materially  from  those  expressed  in  our  prior 
forward-looking statements are detailed in ITEM 1A, Risk Factors section of this report.  Forward-looking statements 
speak  only  as  of  the  date  they  are  made.    Bancorp  undertakes  no  obligation  to  release  publicly  the  result  of  any 
revisions to these forward-looking statements that may be made to reflect events or circumstances that occur after 
the date the forward-looking statements are made or to reflect the occurrence of unanticipated events.

ITEM 1.  

BUSINESS

Bank of Marin (the “Bank”) was incorporated in August 1989, received its charter from the California Superintendent 
of  Banks  (now  the  Department  of  Financial  Protection  and  Innovation  or  "DFPI")  and  commenced  operations  in 
January 1990.  The Bank is an insured bank by the Federal Deposit Insurance Corporation (“FDIC”).  Bank of Marin 
Bancorp  ("Bancorp")  was  formed  in  2007  and  the  Bank  became  its  sole  subsidiary  when  each  share  of  Bank 
common  stock  was  exchanged  for  one  share  of  Bancorp  common  stock.    Bancorp  is  listed  on  the  Nasdaq  Stock 
Market under the symbol BMRC.  Upon formation of the holding company, Bancorp became subject to regulation 
under  the  Bank  Holding  Company Act  of  1956,  as  amended,  and  reporting  and  examination  requirements  by  the 
Board of Governors of the Federal Reserve System ("Federal Reserve").  Bancorp files periodic reports and proxy 
statements  with  the  Securities  and  Exchange  Commission  pursuant  to  the  Securities  Exchange  Act  of  1934,  as 
amended.

References in this report to “Bancorp” or the "Company" mean Bank of Marin Bancorp, parent holding company for 
the  Bank.    References  to  “we,”  “our,”  “us”  mean  the  holding  company  and  the  Bank  that  are  consolidated  for 
financial reporting purposes.

Virtually  all  of  our  business  is  conducted  through  Bancorp's  subsidiary,  Bank  of  Marin,  which  is  headquartered  in 
Novato,  California.    In  addition  to  our  headquarters  and  a  regional  office  in  the  Greater  Sacramento  region,  we 

4

 
 
 
operate 27 retail branches and 8 commercial banking offices across 10 counties - Alameda, Amador, Contra Costa, 
Marin, Napa, Placer, Sacramento, San Francisco, San Mateo and Sonoma - with a strong emphasis on supporting 
local communities.  Our customer base is comprised of business, not-for-profit, and personal banking relationships 
within our Northern California footprint.  Our business banking focus is on small to medium-sized businesses, not-
for-profit organizations, and commercial real estate investors.

We  offer  a  suite  of  business  and  personal  financial  products  and  services  designed  to  meet  the  needs  of  our 
customers.  Our lending categories include commercial real estate loans, commercial and industrial loans (including 
small business loans), construction financing, consumer loans, and home equity lines of credit.  Through third-party 
vendors, we offer merchant and payroll services, a commercial equipment leasing program and credit cards.  Other 
products  and  services  include  payment  solutions  (e.g.,  mobile  deposit  and  Zelle®)  and  a  wide  array  of  treasury 
management services.

We  offer  a  variety  of  personal  and  business  checking  and  savings  accounts,  and  a  number  of  time  deposit 
alternatives, including time certificates of deposit, Individual Retirement Accounts (“IRAs”), Health Savings Accounts 
("HSA"), Certificate of Deposit Account Registry Service® ("CDARS"), Insured Cash Sweep® ("ICS"), and Demand 
Deposit MarketplaceSM ("DDM Sweep") accounts.  CDARS, ICS and DDM Sweep accounts are networks through 
which we offer full FDIC insurance coverage in excess of the regulatory maximum by placing deposits in multiple 
banks participating in the networks.  We also offer deposit options including mobile deposit, remote deposit capture, 
Automated Clearing House (“ACH”) services, wire transfers, and image lockbox services.

Automated teller machines (“ATMs”) are available at most branch locations.  Our ATMs are linked to PLUS, CIRRUS 
and NYCE, as well as MoneyPass® - a network of nation-wide, surcharge-free ATMs.  We also offer our depositors 
24-hour  access  to  their  accounts  by  telephone  and  through  digital  banking  services  available  to  personal  and 
business account holders.

We offer wealth management and trust services, which include customized investment portfolio management, trust 
administration, estate settlement and custody services.

We make international banking services available to our customers indirectly through other financial institutions with 
whom we have correspondent banking relationships.

We  hold  no  patents,  licenses  (other  than  licenses  required  by  the  appropriate  banking  regulatory  agencies), 
franchises  or  concessions.   The  Bank  has  registered  the  service  marks  "The  Spirit  of  Marin,"  the  words  “Bank  of 
Marin,”  the  Bank  of  Marin  logo,  and  the  Bank  of  Marin  tagline,  “Committed  to  your  business  and  our  community” 
with  the  United  States  Patent  & Trademark  Office.    In  addition,  Bancorp  has  registered  the  service  marks  for  the 
words “Bank of Marin Bancorp” and for the Bank of Marin Bancorp logo with the United States Patent & Trademark 
Office.  All service marks registered by Bancorp or the Bank are registered on the United States Patent & Trademark 
Office Principal Register.

Market Area

Our  primary  market  area  encompasses Alameda, Amador,  Contra  Costa,  Marin,  Napa,  Placer,  Sacramento,  San 
Francisco,  San  Mateo  and  Sonoma  counties.    Our  customer  base  is  primarily  made  up  of  business,  not-for-profit 
and  personal  banking  relationships  within  these  market  areas.    As  of  December  31,  2023,  the  majority  of  our 
deposits were in Marin, Sacramento and  southern Sonoma counties, and approximately 59% of our deposits were 
from businesses and 41% from consumers.

Competition

The banking business in California generally, and in our market area specifically, is highly competitive with respect 
to attracting both loan and deposit relationships.  The increasingly competitive environment is affected by changes 
in  regulation,  interest  rates,  technology  and  product  delivery  systems,  and  consolidation  among  financial  service 
providers.    The  banking  industry  is  seeing  strong  competition  for  high  quality  loans,  with  larger  banks  expanding 
activities to attract businesses that are traditionally community bank customers.  In all of our 10 counties, we have 
significant competition from nationwide banks with much larger branch networks and greater financial resources, as 
well  as  credit  unions  and  other  local  and  regional  banks.    Nationwide  banks  have  the  competitive  advantages  of 
developing data analytics and artificial intelligence tools and other technological platforms.  Large commercial banks 

5

 
also have substantially greater lending limits and the ability to offer certain services, which are not offered directly by 
us.  Other competitors for depositors' funds are money market mutual funds and non-bank financial institutions such 
as brokerage firms and insurance companies. 

We differentiate ourselves from the numerous, and often larger, financial institutions in our primary market area with 
a business model built on relationship banking, exemplary service, disciplined fundamentals, local decision making 
and  commitment  to  the  communities  we  serve.    The  Bank's  experienced  professionals  deliver  innovative  and 
custom  financing,  with  a  deep  local  market  knowledge  and  a  personal  understanding  of  each  customer's  unique 
needs.

Human Capital Resources

As of December 31, 2023, we employed 329 full-time equivalent staff.  The actual number of employees, including 
part-time employees, at year-end 2023 included eight executive officers, 153 other corporate officers and 176 staff.  
None of our employees are presently represented by a union or covered by a collective bargaining agreement. 

We offer a competitive total compensation package including a comprehensive benefits program to our employees 
designed  to  attract,  retain  and  motivate  employees,  as  well  as  to  align  with  our  performance,  including  employee 
ownership  through  our  Employee  Stock  Ownership  Plan.    We  regularly  compare  compensation  and  benefits  with 
peer companies and market data, making adjustments as needed to ensure compensation stays competitive.  We 
are continually investing in our workforce through employee development, education and training. 

We  strive  to  attract,  develop,  retain  and  plan  for  succession  of  key  talent  and  executives  to  achieve  our  strategic 
objectives.  We pride ourselves on creating an open, diverse, and transparent culture that celebrates collaboration 
and  recognizes  employees  at  all  levels.    We  believe  that  the  wide  array  of  perspectives  that  result  from  such 
diversity  promotes  Legendary  Service  and  business  success.    We  continue  to  learn  and  grow,  and  our  current 
initiatives reflect our ongoing efforts around a more diverse, inclusive and equitable workplace. 

In order to develop a workforce that aligns with our corporate values, we regularly sponsor local community events 
so  that  our  employees  can  better  integrate  themselves  in  and  support  our  communities.    We  believe  that  our 
employees’ well-being and personal and professional development is fostered by our outreach to the communities 
we  serve.    Our  employees’  desire  for  active  community  involvement  enables  us  to  sponsor  a  number  of  local 
community  events  and  initiatives,  including  funding  and  volunteering  for  youth  mentorship  and  financial  literacy 
programs  to  enhance  educational  opportunities  and  sponsoring  local  chambers  of  commerce  and  economic 
development corporations to foster economic vitality.

We recognize that employees who are engaged and committed to their work and workplace contribute meaningfully 
to our success.  On a regular basis, we solicit employee feedback through a confidential, company-wide survey on 
culture,  management,  career  opportunities,  compensation,  and  benefits.    The  results  of  this  survey  are  reviewed 
and used to update employee programs, initiatives, and communications.  We believe that our employee relations 
are good.  We have been recognized as one of the “Best Places to Work” by the North Bay Business Journal.

SUPERVISION AND REGULATION

Bank  holding  companies  and  banks  are  extensively  regulated  under  both  federal  and  state  law.    The  following 
discussion summarizes certain significant laws, rules and regulations affecting Bancorp and the Bank.  

Bank Holding Company Regulation

Upon  formation  of  the  bank  holding  company  on  July  1,  2007,  we  became  subject  to  regulation  under  the  Bank 
Holding  Company Act  of  1956,  as  amended  (“BHCA”)  which  subjects  Bancorp  to  Federal  Reserve  reporting  and 
examination requirements.  Under the Federal Reserve law and regulations, a bank holding company is required to 
serve as a source of financial and managerial strength to its subsidiary banks.  Under this requirement, Bancorp is 
expected  to  commit  resources  to  support  the  Bank,  including  at  times  when  Bancorp  may  not  be  in  a  financial 
position  to  provide  such  resources,  and  it  may  not  be  in  Bancorp's,  or  Bancorp's  shareholders’  or  creditors’,  best 
interests to do so.  In addition, any capital loans Bancorp makes to the Bank are subordinate in right of payment to 
depositors and to certain other indebtedness of the Bank.  The BHCA regulates the activities of holding companies 

6

including  acquisitions,  mergers  and  consolidations  and,  together  with  the  Gramm-Leach  Bliley  Act  of  1999,  the 
scope of allowable banking activities.  Bancorp is also a bank holding company within the meaning of the California 
Financial Code.  As such, Bancorp and its subsidiaries are subject to examination by, and may be required to file 
reports with, the DFPI.

Bank Regulation

Banking regulations are primarily intended to protect consumers, depositors' funds, federal deposit insurance funds 
and the banking system as a whole.  These regulations affect our lending practices, consumer protections, capital 
structure, investment practices and dividend policy.

As  a  state  chartered  bank,  we  are  subject  to  regulation,  supervision  and  examination  by  the  DFPI.    We  are  also 
subject  to  regulation,  supervision  and  periodic  examination  by  the  FDIC.    If,  as  a  result  of  an  examination  of  the 
Bank, the FDIC or the DFPI should determine that the financial condition, capital resources, asset quality, earnings 
prospects, management, liquidity, or other aspects of our operations are unsatisfactory, or that we have violated any 
law or regulation, various remedies are available to those regulators including issuing a “cease and desist” order, 
monetary penalties, restitution, restricting our growth or removing officers and directors.

The  Bank  addresses  the  many  state  and  federal  regulations  it  is  subject  to  through  a  comprehensive  compliance 
program.

Safety and Soundness Standards (Risk Management) 

The  federal  banking  agencies  have  adopted  guidelines  that  establish  operational  and  managerial  standards  to 
promote the safety and soundness of federally insured depository institutions.  The guidelines set forth standards for 
internal controls, information systems, internal audit systems, loan documentation, credit underwriting, interest rate 
exposure, asset growth, compensation, fees and benefits, asset quality and earnings.

During the past decade, the bank regulatory agencies have increasingly emphasized the importance of sound risk 
management processes and strong internal controls when evaluating the activities of the financial institutions they 
supervise.    Properly  managing  risks  has  been  identified  as  critical  to  the  conduct  of  safe  and  sound  banking 
activities and has become even more important as new technologies, product innovation, and the size and speed of 
financial  transactions  have  changed  the  nature  of  banking  markets.    The  agencies  have  identified  a  spectrum  of 
risks  facing  a  banking  institution  including,  but  not  limited  to,  credit,  market,  liquidity,  operational,  legal,  and 
reputational.  In particular, recent regulatory pronouncements have focused on operational risk, which arises from 
the  potential  that  inadequate  information  systems,  operational  problems,  breaches  in  internal  controls,  fraud,  or 
unforeseen catastrophes will result in unexpected losses.  New products and services, third-party risk management 
and  cybersecurity  are  critical  sources  of  operational  risk  that  financial  institutions  are  expected  to  address  in  the 
current  environment.    The  Board  of  Directors  and  various  sub-committees  oversee  Bancorp's  consolidated 
enterprise  risk  management  program  that  ensures  the  adequacy  of  policies,  procedures,  tolerance  levels,  risk 
measurement systems, monitoring processes, management information systems and internal controls.

Dividends and Stock Repurchases

Bancorp's ability to pay dividends to its shareholders may be affected by both general corporate law considerations 
and the policies of the Federal Reserve applicable to bank holding companies.  As a California corporation, Bancorp 
is  subject  to  the  limitations  of  California  law,  which  allows  a  corporation  to  distribute  cash  or  property  to 
shareholders,  including  a  dividend  or  repurchase  or  redemption  of  shares,  if  the  corporation  meets  certain  tests 
based on its performance and financial condition.  Bancorp's primary source of cash is dividends received from the 
Bank.  Prior to any distribution from the Bank to Bancorp, we ensure that the dividend computations comply with the 
provisions of the California Financial Code and regulations set forth by the DFPI and the FDIC.  In August 2022, the 
Inflation  Reduction  Act  of  2022  was  enacted,  which  among  other  things,  imposed  a  one  percent  excise  tax  on 
publicly  traded  U.S.  corporations  for  the  fair  market  value  of  stock  repurchased  after  December  31,  2022.    With 
certain exceptions, the value of stock repurchased is net of stock issued in the year, including those issued pursuant 
to  share-based  compensation  programs.    Refer  to  Note  8  to  the  Consolidated  Financial  Statements,  under  the 
heading “Dividends” in ITEM 8 of this report for more information. 

7

FDIC Insurance Assessments

The FDIC insures our customers' deposits to the maximum amount permitted by law, which is currently $250,000 
per depositor, based on the 2010 Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank 
Act”). 

FDIC insurance coverage is funded by the FDIC's assessment on insured depository institutions like us and FDIC's 
annual base assessment rates are currently between 2.5 and 42 basis points on the depository institution's quarterly 
average consolidated total assets minus average tangible equity.  Base assessment rates for banks vary depending 
on whether a depository institution is small or large and highly complex per FDIC's definition.  In deriving the base 
assessment rate, the FDIC applies financial ratios, scorecards, and other financial measures to determine a bank's 
ability to withstand financial stress.

In  October  2022,  the  FDIC  adopted  a  final  rule  to  increase  the  initial  base  deposit  insurance  assessment  rate 
schedules uniformly by 2 basis points beginning with the first quarterly assessment period of 2023.  The increased 
assessment is expected to improve the likelihood that the deposit insurance fund ("DIF") reserve ratio would reach 
the statutory minimum of 1.35% by the statutory deadline prescribed under the FDIC's amended restoration plan.  
The  FDIC  has  indicated  that  the  new  assessment  rate  schedules  will  remain  in  effect  until  the  DIF  reserve  ratio 
meets or exceeds 2 percent.

Community Reinvestment Act

Congress enacted the Community Reinvestment Act (“CRA”) in 1977 to encourage financial institutions to meet the 
credit needs of the communities in which they are located.  All banks and thrifts have a continuing and affirmative 
obligation,  consistent  with  safe  and  sound  operations,  to  help  meet  the  credit  needs  of  their  entire  communities, 
including  low  and  moderate  income  neighborhoods.    Regulatory  agencies  rate  each  bank's  performance  in 
assessing and meeting these credit needs.  The Bank is committed to serving the credit needs of the communities 
in which we do business, and it is our policy to respond to all creditworthy segments of our market.  As part of its 
CRA commitment, the Bank maintains strong philanthropic ties to the community.  We invest in affordable housing 
projects  that  help  economically  disadvantaged  individuals  and  residents  of  low-  and  moderate-income  census 
tracts, in each case consistent with our long-established prudent underwriting practices.  We also donate to, invest 
in  and  volunteer  with  organizations  that  serve  the  communities  in  which  we  do  business,  especially  low-  and 
moderate-income  individuals.    These  organizations  offer  educational  and  health  programs  to  economically 
disadvantaged students and families, community development services and affordable housing programs.  We offer 
CRA reportable small business, small farm and community development loans within our assessment areas.  The 
CRA requires a depository institution's primary federal regulator, in connection with its examination of the institution, 
to  assess  the  institution's  record  in  meeting  CRA  requirements.    The  regulatory  agency's  assessment  of  the 
institution's  record  is  made  available  to  the  public.    This  record  is  taken  into  consideration  when  the  institution 
establishes  a  new  branch  that  accepts  deposits,  relocates  an  office,  applies  to  merge  or  consolidate,  or  expands 
into  other  activities.   The  FDIC  assigned  a  “Satisfactory”  rating  to  Bank  of  Marin's  CRA  performance  examination 
based  on  their  most  recent  examination  completed  in  January  2021,  which  was  performed  under  the  large  bank 
requirements.
In  October  2023,  the  federal  banking  agencies  issued  a  final  rule  to  strengthen  and  modernize  regulations 
implementing the CRA.  The final rule, among other things, seeks to (i) expand access to credit, investment, and 
basic  banking  services  in  low-  and  moderate-income  communities,  (ii)  adapt  to  changes  in  the  banking  industry, 
including  internet  and  mobile  banking,  (iii)  provide  greater  clarity,  consistency,  and  transparency,  (iv)  tailor  CRA 
evaluations  and  data  collection  to  bank  size  and  type,  and  (v)  maintain  a  unified  approach  among  the  bank 
regulatory agencies.  We will continue to evaluate the impact of any changes to the regulations implementing the 
CRA and their impact to our financial condition, results of operations, and/or liquidity, which cannot be predicted at 
this time.

Anti-Money-Laundering Regulations

A series of banking laws and regulations beginning with the Bank Secrecy Act in 1970 requires banks to prevent, 
detect,  and  report  illicit  or  illegal  financial  activities  to  the  federal  government  to  prevent  money  laundering, 
international drug trafficking, and terrorism.  Under the Uniting and Strengthening America by Providing Appropriate 
Tools  Required  to  Intercept  and  Obstruct  Terrorism  Act  of  2001,  financial  institutions  are  subject  to  prohibitions 

8

against  specified  financial  transactions  and  account  relationships,  requirements  regarding  the  Customer 
Identification  Program,  as  well  as  enhanced  due  diligence  and  “know  your  customer”  standards  in  their  dealings 
with high risk customers, foreign financial institutions, and foreign individuals and entities.  In 2016, Customer Due 
Diligence  Rules  under  the  Bank  Secrecy  Act  clarified  and  strengthened  customer  due  diligence  requirements.  
These rules contained explicit customer due diligence requirements, which included a new requirement to identify 
and  verify  the  identity  of  beneficial  owners  of  legal  entity  customers.    In  2020,  the  Anti-Money  Laundering  Act 
("AMLA  2020")  became  law.    Among  its  many  provisions,  AMLA  2020  provides  for:    1)  expanded  whistleblower 
rewards  and  protections;  2)  the  establishment  of  a  beneficial  ownership  registration  database  that  will  be 
implemented  by  the  Financial  Crimes  Enforcement  Network  ("FinCEN");  and  3)  new  Bank  Secrecy Act  violations 
and enhanced penalties for repeat and egregious violators.

Privacy, Data Protection, and Cybersecurity

The  Gramm-Leach  Bliley  Act  (“GLBA”)  of  1999  imposes  requirements  on  financial  institutions  with  respect  to 
consumer privacy and the disclosure of non-public personal information about individuals who apply for or obtain a 
financial product to be used for personal, family or household purposes.  The GLBA generally prohibits disclosure of 
consumer  information  to  most  nonaffiliated  third  parties  unless  the  consumer  has  been  given  the  opportunity  to 
object and has not objected to such disclosure.  Financial institutions are further required to disclose their privacy 
policies  to  consumers  and  the  conditions  under  which  an  institution  may  disclose  non-public  information  about  a 
consumer to a nonaffiliated third party.  The GLBA also directs federal regulators, including the FDIC, to prescribe 
standards  for  the  security  of  consumer  information.    We  are  subject  to  such  standards,  as  well  as  standards  for 
notifying consumers in the event of a security breach.  We must disclose our privacy policy to consumers and permit 
consumers  to  "opt  out"  of  having  non-public  customer  information  disclosed  to  third  parties.    We  are  required  to 
have  an  information  security  program  to  safeguard  the  confidentiality  and  security  of  customer  information  and  to 
ensure  proper  disposal  of  information  that  is  no  longer  needed.    We  notify  our  customers  when  unauthorized 
disclosure  involves  sensitive  customer  information  that  may  be  misused.    Effective  January  2020,  the  California 
Consumer  Privacy  Act  (“CCPA”)  added  required  notice  about  personal  information  we  collect,  use,  share,  and 
disclose for business purposes.  The CCPA provides California residents rights regarding their personal information 
specifically  related  to  exercising  access,  data  portability  and  deletion  rights.    There  are  also  California  breach 
notification and disclosure requirements.

In November 2021, the federal banking agencies issued a final rule requiring banking organizations that experience 
a computer-security incident to notify their primary Federal regulator of the occurrence of an event that rises to the 
level of a “notification incident.”  Generally, a notification incident occurs when a banking organization has suffered a 
computer-security  incident  that  has  a  reasonable  likelihood  of  materially  disrupting  or  degrading  the  banking 
organization  or  its  operations.    The  rule  requires  an  affected  banking  organization  to  notify  its  primary  Federal 
regulator  as  soon  as  possible  and  no  later  than  36  hours  after  the  banking  organization  has  determined  that  a 
notification  incident  has  occurred.    The  rule  also  requires  bank  service  providers  to  notify  each  affected  banking 
organization  if  that  bank  service  provider  experiences  a  computer-security  incident  that  has  caused,  or  is 
reasonably  likely  to  cause,  a  material  service  disruption  or  degradation  for  four  or  more  hours.   The  rule  became 
effective on April 1, 2022, with a compliance date of May 1, 2022.

In  July  2023,  the  Securities  and  Exchange  Commission  ("SEC")  adopted  final  rules  that,  among  other  things, 
require  disclosures  of  material  cybersecurity  incidents,  along  with  cybersecurity  risk  management,  strategy  and 
governance.  The new rules require timely reporting of incidents determined to be material, and annual disclosure of 
the  processes  for  assessing,  identifying  and  managing  material  risks  from  cybersecurity  threats  including  a 
description of board of directors' oversight and management's role in assessing and managing material risks from 
cybersecurity threats.  The disclosures are required beginning with annual reports for fiscal years ending on or after 
December 15, 2023.

Consumer Protection Regulations

Our lending activities are subject to a variety of statutes and regulations designed to protect consumers, including 
the  CRA,  Home  Mortgage  Disclosure Act,  Fair  Credit  Reporting Act,  Fair  Lending,  Fair  Debt  Collection  Practices 
Act, Flood Disaster Protection Act, eSign Act, Equal Credit Opportunity Act, the Fair Housing Act, Truth-in-Lending 
Act  ("TILA"),  the  Real  Estate  Settlement  Procedures  Act  ("RESPA"),  Protecting  Tenants  at  Foreclosure,  and  the 
Secure and Fair Enforcement for Mortgage Licensing Act ("SAFE").  Our deposit operations are also subject to laws 

9

and regulations that protect  consumer rights including Expedited Funds Availability, Truth in Savings Act ("TISA"), 
and Electronic Funds Transfers.  Other regulatory requirements include the Unfair, Deceptive or Abusive Acts and 
Practices ("UDAAP"), Dodd-Frank Act, Right to Financial Privacy, Telephone Consumer Protection Act and Privacy 
of Consumer Financial Information.  Additional rules govern check writing ability on certain interest earning accounts 
and prescribe procedures for complying with administrative subpoenas of financial records. 

Restriction on Transactions between Bank's Affiliates

Transactions between Bancorp and the Bank are quantitatively and qualitatively restricted under Sections 23A and 
23B of the Federal Reserve Act and Federal Reserve Regulation W.  Section 23A places restrictions on the Bank's 
“covered transactions” with Bancorp, including loans and other extensions of credit, investments in the securities of, 
and  purchases  of  assets  from  Bancorp.    Section  23B  requires  that  certain  transactions,  including  all  covered 
transactions, be on market terms and conditions.  Federal Reserve Regulation W combines statutory restrictions on 
transactions between the Bank and Bancorp with Federal Reserve interpretations in an effort to simplify compliance 
with Sections 23A and 23B.

Capital Requirements

The  Federal  Deposit  Insurance  Act,  as  amended  (“FDIA”),  requires  federal  banking  agencies  to  take  prompt 
corrective action (“PCA”) with respect to depository institutions that do not meet minimum capital requirements.  The 
FDIA  includes  the  following  five  capital  tiers:  “well  capitalized,”  “adequately  capitalized,”  “undercapitalized,” 
“significantly  undercapitalized,”  and  “critically  undercapitalized.”    A  depository  institution’s  capital  tier  will  depend 
upon how its capital levels compare with various relevant capital measures and certain other factors, as established 
by  regulation.    Bancorp's  ratios  exceed  the  required  minimum  ratios  for  capital  adequacy  purposes  and  the  Bank 
meets  the  definition  for  "well  capitalized."    Undercapitalized  depository  institutions  may  be  subject  to  significant 
restrictions.  Banks that are categorized as "critically undercapitalized" are subject to dividend and other restrictions.

Effective  January  1,  2020,  the  federal  banking  agencies'  jointly-issued  final  rule  on  the  community  bank  leverage 
ratio  ("CBLR")  provides  for  an  optional,  simplified  measure  of  capital  adequacy  for  qualifying  community  banking 
organizations,  consistent  with  Section  201  of  the  Economic  Growth,  Regulatory  Relief,  and  Consumer  Protection 
Act (the "Economic Growth Act").  Qualifying community banking organizations are defined as having less than $10 
billion  in  total  consolidated  assets  that  meet  risk-based  qualifying  criteria,  a  CBLR  of  greater  than  9  percent,  off-
balance sheet exposure of 25 percent or less of total consolidated assets, trading assets and liabilities of 5 percent 
or less of total consolidated assets, and cannot be an advanced approaches institution.  Such a community banking 
organization would not be subject to other risk-based and leverage capital requirements (including the Basel III and 
Basel IV requirements) and would be considered to have met the "well capitalized" ratio requirements.  The CBLR is 
determined by dividing a financial institution’s tangible equity capital by its average total consolidated assets.  The 
rule further describes what is included in tangible equity capital and average total consolidated assets.  Qualifying 
banks  may  opt  in  and  out  of  the  CBLR  framework  at  any  time.    While  we  are  a  qualifying  community  banking 
organization,  we  have  not  opted  into  the  CBLR  framework  at  this  time.    See  below,  for  further  discussion  of  the 
Economic Growth Act.

The  Dodd-Frank  Wall  Street  Reform  and  Consumer  Protection  Act  and  the  Economic  Growth,  Regulatory  Relief, 
and Consumer Protection Act 

The Dodd-Frank Act, a landmark financial reform bill comprised of voluminous new rules and restrictions on bank 
operations,  included  provisions  aimed  at  preventing  a  repeat  of  the  2008  financial  crisis  and  a  new  process  for 
winding down failing, systemically important institutions in a manner as close to a controlled bankruptcy as possible.  
Among other things, the Dodd-Frank Act established new government oversight responsibilities, enhanced capital 
adequacy  requirements  for  certain  institutions,  established  consumer  protection  laws  and  regulations,  and  placed 
limitations on certain banking activities.  

In an attempt to reduce the regulatory burden on U.S. companies, including financial institutions, in May 2018, the 
Presidential Administration  signed  the  Economic  Growth Act,  which  repealed  or  modified  certain  provisions  of  the 
Dodd-Frank Act and eased regulations on all but the largest banks.  The Economic Growth Act’s highlights included 
improving  consumer  access  to  mortgage  credit,  added  certain  protections  for  consumers,  included  veterans  and 
active duty military personnel, expanded credit freezes and created an identity theft protection database.

10

Notice and Approval Requirements Related to Control 

Banking laws impose notice, approval and ongoing regulatory requirements on any shareholder or other party that 
seeks to acquire direct or indirect "control" of an FDIC-insured depository institution.  These laws include the BHCA 
and the Change in Bank Control Act.  Among other things, these laws require regulatory filings by a shareholder or 
other party that seeks to acquire direct or indirect "control" of an FDIC-insured depository institution or bank holding 
company.  The determination whether an investor "controls" a depository institution is based on all of the facts and 
circumstances surrounding the investment.  As a general matter, a party is deemed to control a depository institution 
or other company if the party owns or controls 25% or more of any class of voting stock.  Subject to rebuttal, a party 
may be presumed to control a depository institution or other company if the investor owns or controls 10% or more 
of any class of voting stock.  Ownership by family members, affiliated parties, or parties acting in concert, is typically 
aggregated  for  these  purposes.    If  a  party's  ownership  of  the  Company  were  to  exceed  certain  thresholds,  the 
investor  could  be  deemed  to  "control"  the  Company  for  regulatory  purposes.    This  could  subject  the  investor  to 
regulatory filings or other regulatory consequences. 

In addition, except under limited circumstances, bank holding companies are prohibited from acquiring, without prior 
approval:  1) control of any other bank or bank holding company or all or substantially all the assets thereof; or 2) 
more than 5% of the voting shares of a bank or bank holding company that is not already a subsidiary. 

Incentive Compensation

The  Dodd-Frank  Act  required  federal  bank  regulators  and  the  SEC  to  establish  joint  regulations  or  guidelines 
prohibiting  incentive-based  payment  arrangements  that  encourage  inappropriate  risks  by  providing  an  executive 
officer, employee, director or principal stockholder with excessive compensation, fees, or benefits or that could lead 
to material financial loss to the entity.  These regulations apply to institutions having at least $1 billion in total assets.  
In  addition,  regulators  must  establish  regulations  or  guidelines  requiring  enhanced  disclosure  to  regulators  of 
incentive-based compensation arrangements.  The agencies have not finalized regulations proposed in April 2016.  
If  adopted,  the  proposed  regulations  could  place  limits  on  the  manner  in  which  we  structure  our  executive 
compensation. 

The Federal Reserve reviews, as part of the regular, risk-focused examination process, the incentive compensation 
arrangements of banking organizations.  The Federal Reserve tailors its reviews for each organization based on the 
scope and complexity of the organization’s activities and the prevalence of incentive compensation arrangements.  
The  findings  of  the  supervisory  initiatives  are  included  in  reports  of  examination.    Deficiencies,  if  any,  are 
incorporated  into  the  organization’s  supervisory  ratings,  which  can  affect  the  organization’s  ability  to  make 
acquisitions  and  take  other  actions.    Enforcement  actions  may  be  taken  against  a  banking  organization  if  its 
incentive compensation arrangements, or related risk management control or governance processes, pose a risk to 
the organization’s safety and soundness and the organization is not taking prompt and effective measures to correct 
the deficiencies.

In October 2022, the SEC adopted a final rule directing national securities exchanges and associations, including 
the Nasdaq, to implement listing standards that require public companies to adopt policies mandating the recovery 
or  “clawback”  of  excess  incentive-based  compensation  earned  by  a  current  or  former  executive  officer  during  the 
three fiscal years preceding the date the listed company is required to prepare an accounting restatement, including 
to correct an error that would result in a material misstatement if the error was either corrected or left uncorrected in 
the current period.  The final rule required us to adopt a clawback policy within 60 days after such listing standard 
became effective and file the policy as an exhibit in our Annual Report on Form 10-K.  Please see exhibit 97.1 for a 
copy of our policy.

Available Information

On our Internet website, www.bankofmarin.com, we post the following filings as soon as reasonably practical after 
they are filed with or furnished to the Securities and Exchange Commission:  Annual Report to Shareholders, Form 
10-K, Proxy Statement for the Annual Meeting of Shareholders, quarterly reports on Form 10-Q, current reports on 
Form  8-K,  and  any  amendments  to  those  reports  filed  or  furnished  pursuant  to  Section  13(a)  or  15(d)  of  the 
Securities and Exchange Act of 1934.  All such materials on our website are available free of charge.  This website 

11

address is for information only and is not intended to be an active link, or to incorporate any website information into 
this document.  In addition, copies of our filings are available by requesting them in writing or by phone from:

Corporate Secretary
Bank of Marin Bancorp 
504 Redwood Boulevard, Suite 100
Novato, CA  94947
415-763-4523

These materials are also available at the SEC’s internet website (https://www.sec.gov).

12

ITEM 1A.      RISK FACTORS

We  assume  and  manage  a  certain  degree  of  risk  in  order  to  conduct  our  business.    The  material  risks  and 
uncertainties that management believes may affect our business are listed below and in ITEM 7A, Quantitative and 
Qualitative  Disclosure  about  Market  Risk.    The  list  is  not  exhaustive;  additional  risks  and  uncertainties  that 
management is not aware of, focused on, or currently deems immaterial may also impair business operations.  If 
any  of  the  following  risks,  or  risks  that  have  not  been  identified,  actually  occur,  our  financial  condition,  results  of 
operations,  and  stock  trading  price  could  be  materially  and  adversely  affected.    We  manage  these  risks  by 
promoting  sound  corporate  governance  practices,  which  include  but  are  not  limited  to,  establishing  policies  and 
internal  controls,  and  implementing  internal  review  processes.    Before  making  an  investment  decision,  investors 
should carefully consider the risks, together with all of the other information included or incorporated by reference in 
this Annual Report on Form 10-K and our other filings with the SEC.  This report is qualified in its entirety by these 
risk factors.

Strategic, Financial, and Reputational Risks

Growth Strategy or Potential Mergers and Acquisitions May Produce Unfavorable Outcomes

We  seek  to  expand  our  franchise  safely  and  consistently.    A  successful  growth  strategy  requires  us  to  manage 
multiple aspects of the business simultaneously, such as following adequate loan underwriting standards, balancing 
loan  and  deposit  growth  without  compressing  our  net  interest  margin,  managing  interest  rate  risk,  maintaining 
sufficient  capital,  and  recruiting,  training  and  retaining  qualified  professionals.    Our  strategic  plan  also  includes 
merger  and  acquisition  opportunities  that  either  enhance  our  market  presence  or  have  potential  for  improved 
profitability  through  financial  management,  economies  of  scale  or  expanded  services.    We  may  incur  significant 
acquisition related expenses either during the due diligence phase of acquisition targets or during integration of the 
acquirees.  These expenses have and may continue to negatively impact our earnings prior to realizing the benefits 
of acquisitions.  We may also be exposed to difficulties in combining the operations of acquired institutions into our 
own  operations,  which  may  prevent  us  from  achieving  the  expected  benefits  from  our  acquisition  activities.    Our 
earnings, financial condition and prospects after the merger may affect our stock price and will depend in part on 
our  ability  to  integrate  the  operations  and  management  of  the  acquired  institution  while  continuing  to  implement 
other  aspects  of  our  business  plan.    Inherent  uncertainties  exist  in  integrating  the  operations  of  an  acquired 
institution and there is no assurance that we will be able to do so successfully.  Among the issues that we could face 
are: 
•

unexpected problems with operations, personnel, technology or credit;

•

•

•

•

•

loss of customers and employees of the acquiree;

difficulty in working with the acquiree's employees and customers;

the assimilation and integration of the acquiree's operations, culture and personnel; 

instituting and maintaining uniform standards, controls, procedures and policies; and

litigation risk or obligations not discovered during due diligence.

Undiscovered  factors  as  a  result  of  an  acquisition  could  bring  liabilities  against  us,  our  management  and  the 
management  of  the  institutions  we  acquire.    These  factors  could  contribute  to  our  not  achieving  the  expected 
benefits  from  our  acquisitions  within  desired  time  frames,  if  at  all.    Further,  although  we  generally  anticipate  cost 
savings  from  acquisitions,  we  may  not  be  able  to  fully  realize  those  savings.   Any  cost  savings  may  be  offset  by 
losses in revenues or other charges to earnings.

Competition with Other Financial Institutions to Attract and Retain Banking Customers

We  are  facing  significant  competition  for  customers  from  other  banks  and  financial  institutions  located  in  the 
markets that we serve.  We compete with commercial banks, savings institutions, credit unions, non-bank financial 
services companies, including financial technology firms, and other financial institutions operating within or near our 
service  areas.    Some  of  our  non-bank  competitors  and  peer-to-peer  lenders  may  not  be  subject  to  the  same 
extensive  regulations  as  we  are,  giving  them  greater  flexibility  in  competing  for  business.    We  anticipate  intense 
competition  will  continue  for  the  coming  year  due  to  the  market  disruptions  in  banking  in  2023,  the  continued 
consolidation  of  many  financial  institutions  and  more  changes  in  legislation,  regulation  and  technology.    National 

13

and regional banks much larger than our size have entered our market through acquisitions and they may be able to 
benefit  from  economies  of  scale  through  their  wider  branch  networks,  more  prominent  national  advertising 
campaigns,  lower  cost  of  borrowing,  capital  market  access  and  sophisticated  technology  infrastructures.    Further, 
intense competition for creditworthy borrowers could lead to pressure for loan rate concessions and affect our ability 
to generate profitable loans.

Going forward, we may see continued competition in the industry as competitors seek to expand market share in 
our  core  markets.    Further,  our  customers  may  withdraw  deposits  to  pursue  alternative  investment  opportunities.   
Technology and other changes have made it more convenient for bank customers to transfer funds into alternative 
investments  or  other  deposit  platforms  such  as  online  virtual  banks  and  non-bank  service  providers.    Efforts  and 
initiatives  we  may  undertake  to  retain  and  increase  deposits,  including  deposit  pricing,  can  increase  our  costs.  
Based  on  our  current  strong  liquidity  position,  our  adjustment  to  deposit  pricing  has  lagged  the  market  in  a  rising 
interest rate environment.  If our customers move money into higher yielding deposits or alternative investments, we 
may  lose  a  relatively  inexpensive  source  of  funds,  thus  increasing  our  funding  costs  through  more  expensive 
wholesale funding sources, such as FHLB borrowings.

Financial Challenges at Other Banking Institutions Could Lead to Depositor Concerns That Spread Within 
the  Banking  Industry  Causing  Disruptive  Deposit  Outflows  and  Other  Destabilizing  Results  That  Could 
Adversely Affect Our Liquidity, Business, Financial Condition and Results of Operations

In  the  first  and  second  quarters  of  2023,  certain  specialized  banking  institutions  with  elevated  concentrations  of 
uninsured  deposits  experienced  large  deposit  outflows,  resulting  in  the  institutions  being  placed  into  FDIC 
receiverships.      In  addition,  media  and  market  coverage  of  the  Bay Area  economy  and  local  financial  institutions, 
have  generated  significant  market  volatility  among  publicly  traded  bank  holding  companies  and,  in  particular, 
regional and community banks like the Company.  These market developments have negatively impacted customer 
confidence in the safety and soundness of regional and community banks.  As a result, customers may choose to 
maintain deposits with larger financial institutions or invest in higher yielding short-term fixed income securities, all 
of which could materially adversely impact the Company’s liquidity, loan funding capacity, net interest margin, capital 
and results of operations.  

We maintain a well-diversified deposit base, with an estimated 28% of uninsured and/or uncollateralized deposits as 
of  December  31,  2023.    Such  uninsured  deposits  were  fully  covered  by  the  Bank's  available  funding  sources, 
including unrestricted cash, unencumbered available-for-sale securities, and a total available borrowing capacity of 
$1.967  billion,  or  60%  of  total  deposits,  and  213%  of  estimated  uninsured  and/or  uncollateralized  deposits  as  of 
December 31, 2023.  Excluding zero balance accounts, 59% of deposit balances were held in business accounts 
with average balances of $120 thousand per account, with the remaining 41% in consumer accounts with average 
balances of $41 thousand per account as of December 31, 2023.  

Although  we  maintain  strong  liquidity  for  the  normal  operations  of  the  Bank,  model  various  stress  scenarios,  and 
maintain  significant  contingent  liquidity  sources,  general  depositor  concerns  given  the  recent  high  profile  bank 
closures could lead to deposit outflows from our Bank.  Our funding costs increased significantly in 2023 and may 
continue to increase if our deposits decline and we replace them with more expensive sources of funding, such as 
FHLB and FRB borrowings, and/or brokered deposits, if customers shift their deposits into higher cost products, or if 
we  raise  interest  rates  to  avoid  losing  deposits.    In  addition,  adverse  operating  results  or  changes  in  industry 
conditions could lead to difficulty or an inability to access these additional funding sources, constraining our financial 
flexibility, and ability to originate loans, invest in securities, and distribute dividends to our shareholders.  In addition, 
such a lack of liquidity could result in the sale of securities in an unrealized loss position and/or alter our ability to 
hold our held-to-maturity securities to their maturity dates.  All of these factors could have a material adverse impact 
on our asset growth, liquidity, business, financial condition, and results of operations.

We May Not Be Able to Attract and Retain Key Employees

Our success depends in large part on our ability to attract qualified personnel and to retain key employees, as well 
as the prompt replacement of retiring executives.  The loss of key personnel and/or our inability to secure qualified 

14

candidates to replace retiring executives could have an unfavorable effect on our business due to the required skills 
and knowledge of our market and years of industry experience.

Bancorp Relies on Dividends from the Bank to Pay Cash Dividends to its Shareholders as Well as to Meet 
Other Financial Obligations

Bancorp  is  a  separate  legal  entity  from  its  subsidiary,  the  Bank.    Bancorp  receives  substantially  its  entire  cash 
stream from the Bank in the form of dividends, which is Bancorp's principal source of funds to pay cash dividends to 
Bancorp's  common  shareholders,  repurchase  shares,  and  cover  operational  expenses  of  the  holding  company.  
Various federal and state laws and regulations limit the amount of dividends that the Bank may pay to Bancorp.  In 
the  event  that  the  Bank  is  unable  to  pay  dividends  to  Bancorp,  Bancorp  may  not  be  able  to  pay  dividends  to  its 
shareholders.  As a result, it could have an adverse effect on Bancorp's stock price and investment value.

Federal law would prohibit capital distributions from the Bank, with limited exceptions, if the Bank were categorized 
as "undercapitalized" under applicable Federal Reserve or FDIC regulations.  In addition, as a California bank, Bank 
of Marin is subject to state law restrictions on the payment of dividends.  For further information on the distribution 
limit  from  the  Bank  to  Bancorp,  see  the  section  captioned  “Bank  Regulation”  in  ITEM  1  above  and  “Dividends”  in 
Note 8 to the Consolidated Financial Statements in ITEM 8 of this report.

The Value of Goodwill and Other Intangible Assets May Decline in the Future

As of December 31, 2023, we had goodwill totaling $72.8 million and a core deposit intangible asset totaling $3.8 
million from business acquisitions.  A significant decline in expected future cash flows, a significant adverse change 
in the business climate, or a significant and sustained decline in the price of our common stock could necessitate 
taking charges in the future related to the impairment of goodwill or other intangible assets.  If we were to conclude 
that a future write-down of goodwill or other intangible assets is necessary, we would record the appropriate charge, 
which could have a material adverse effect on our business, financial condition and results of operations.  

Market, Interest Rate, and Liquidity Risks

A Lack of Liquidity could Adversely Affect our Operations, Financial Condition and Results of Operations

Liquidity is essential to our business and our ability to fund our operations, effectively manage the repayment and 
maturity  schedules  of  our  loans  and  investment  securities,  distribute  dividends  to  our  shareholders,  and  fulfill  our 
debt obligations or deposit withdrawal demands. Our most important source of funding consists of deposits, which   
is  affected  by  external  factors  outside  the  Bank's  control  as  well  as  customers'  perceptions,  business  operations, 
and investment goals.  If customers move money out of bank deposits and into other investments, then we would 
lose a relatively low-cost source of funds, increasing our funding costs and reducing our net interest income and net 
income.  Based on experience, we believe that our deposit accounts are relatively stable sources of funds.

Other  primary  sources  of  funds  consist  of  cash  flows  from  operations,  investment  maturities  and  sales,  loan 
repayments,  and  proceeds  from  the  issuance  and  sale  of  any  equity  and  debt  securities  to  investors.   Additional 
liquidity is provided by our ability to borrow from the Federal Reserve Bank of San Francisco, Federal Home Loan 
Bank  and  other  financial  institutions,  as  well  as  our  ability  to  raise  brokered  deposits.    Our  access  to  funding 
sources in amounts adequate to finance or capitalize our activities, or on terms that are acceptable to us, could be 
impaired  by  factors  that  affect  us  directly  or  the  bank  or  non-bank  financial  services  industries  or  the  economy  in 
general, such as disruptions in the financial markets or negative views and expectations about the prospects for the 
bank or non-bank financial services industries.

Earnings are Significantly Influenced by General Business and Economic Conditions

Our success depends, to a certain extent, on local, national and global economic and political conditions.  Unlike 
larger  national  or  other  regional  banks  that  are  more  geographically  diversified,  we  provide  banking  and  financial 
services to customers primarily in Northern California with particular focus on the local markets in the San Francisco 
Bay  and  Greater  Sacramento  regions. The  local  economic  conditions  in  these  areas  have  a  significant  impact  on 
the demand for our products and services as well as the ability of our customers to repay loans, the value of the 

15

collateral  securing  loans  and  the  stability  of  our  deposits  as  our  primary  funding  source.      Economic  pressure  on 
consumers and uncertainty regarding the economy and local business climate may result in changes in consumer 
and  business  spending,  borrowing  and  saving  habits,  which  may  affect  the  demand  for  loans  and  other  products 
and  services  we  offer.    Further,  loan  defaults  that  adversely  affect  our  earnings  correlate  highly  with  deteriorating 
economic  conditions  (such  as  the  California  unemployment  rate  and  California  gross  domestic  product),  which 
impact our borrowers' creditworthiness.  In addition, health epidemics or pandemics (or expectations about them), 
international trade disputes, inflation risks, oil price volatility, the level of U.S. debt and global economic conditions 
could  destabilize  financial  markets  in  which  we  operate.    Lastly,  actions  of  the  Federal  Open  Market  Committee 
("FOMC") of the Federal Reserve could cause financial market volatility, which will affect the pricing of our loan and 
deposit products.

Interest Rate Risk is Inherent in Our Business

Our earnings are largely dependent upon our net interest income, which is the difference between interest income 
earned  on  interest-earning  assets,  such  as  loans  and  securities,  and  interest  expense  paid  on  interest-bearing 
liabilities, such as deposits and borrowed funds.  Interest rates are sensitive to many factors outside of our control, 
including  general  economic  conditions  and  the  policies  of  various  governmental  and  regulatory  agencies  and,  in 
particular, the FOMC, which regulates the supply of money and credit in the United States.  Changes in monetary 
policy, including changes in interest rates, can influence not only the interest we receive on loans and securities and 
interest we pay on deposits and borrowings, but can also affect (i) our ability to originate loans and obtain deposits, 
(ii) the duration of our securities and loan portfolios, and (iii) the fair value of our financial assets and liabilities.  In 
fact, the FOMC’s aggressive interest rate increases, discussed more fully below, negatively affected each of these 
areas of our business recently.  Our portfolio of loans and securities will generally decline in value if market interest 
rates increase, and increase in value if market interest rates decline.  Decreases in the market value of investment 
securities available for sale negatively impact the Bank's tangible equity through accumulated other comprehensive 
losses.  In  addition,  our  loans  and  callable  mortgage-backed  securities  are  also  subject  to  prepayment  risk  when 
interest rates fall, and the borrowers' credit risk may increase in rising rate or recessionary environments.  Factors 
such  as  inflation,  productivity,  oil  prices,  unemployment  rates,  and  global  demand  play  a  role  in  the  FOMC's 
consideration of future rate adjustments.  

The  federal  funds  rate  range  remained  between  0.0%  to  0.25%  from  March  2020  through  the  beginning  of  2022, 
putting downward pressure on our asset yields and net interest margin.  Beginning in March 2022, the FOMC began 
successive  increases  to  the  federal  funds  rate  due  to  the  evolving  inflation  risks,  complicated  by  international 
political unrest and supply chain disruptions.  As a result of seven rate adjustments during 2022, the federal funds 
target  rate  increased  to  a  range  of  4.25%  to  4.50%  at  year-end  2022  and  our  net  interest  margin  increased 
gradually  over  the  course  of  the  year.    In  2023,  on  each  of  February  1st,  March  22nd,  May  3rd,  and  July  26th  the 
FOMC  increased  the  target  rate  by  25  basis  points  to  a  range  of  5.25%  to  5.50%.    Rising  interest  rates  and  first 
quarter  disruptions  in  the  banking  industry  resulted  in  rapid  increases  in  the  cost  of  funds  through  rising  deposit 
costs  and  increased  borrowings,  putting  pressure  on  net  interest  margin  starting  in  the  second  quarter  of  2023.   
Additional rate increases are not widely anticipated in 2024, as Federal Reserve policymakers continue to monitor 
inflation and economic developments.  

See the Net Interest Income section of Management's Discussion and Analysis of Financial Condition and Results 
of Operations in ITEM 7 and Quantitative and Qualitative Disclosures about Market Risk in ITEM 7A of this report for 
further discussion related to interest rate sensitivity and our management of interest rate risk.

Rising Interest Rates Have Decreased the Value of the Company’s Held-To-Maturity and Available-for-Sale 
Securities Portfolio, and the Company Would Realize Losses if It Were Required to Sell Such Securities to 
Meet Liquidity Needs 

Because  of  inflationary  pressures  and  the  resulting  rapid  increases  in  the  federal  funds  target  rate  since  March 
2022, the market value of previously issued government and other fixed income securities has declined significantly.  
These securities make up a majority of the securities portfolio of most banks in the U.S., including the Company’s, 
resulting  in  unrealized  losses  embedded  in  the  held-to-maturity  portion  of  U.S.  banks’  securities  portfolios  and 
unrealized  losses  on  available-for-sale  securities  reflected  in  the  Company’s  accumulated  other  comprehensive 

16

income (loss).  We maintain an investment securities portfolio to provide liquidity and to generate earnings on funds 
that  have  not  been  loaned  to  customers  while  managing  our  liquidity  and  interest  rate  position,  seeking  a 
reasonable yield balanced with risk exposure.  While it is neither our intention to sell securities at a net loss in the 
normal course of business, nor were we required to, we did so for strategic purposes in the third and fourth quarters 
of 2023 as a source of liquidity and to reposition the balance sheet to bolster net interest margin.  If the Company 
were to sell additional securities in an unrealized loss position, it may incur losses that could impair the Company’s 
capital,  financial  condition,  and  results  of  operations  and  may  require  the  Company  to  raise  additional  capital  on 
unfavorable terms, thereby negatively impacting its profitability and potentially causing shareholder dilution.

Activities  of  Our  Large  Borrowers  and  Depositors  May  Cause  Unexpected  Volatilities  in  Our  Loan  and 
Deposit Balances, as well as Net Interest Margin

Loans  originated  at  higher  interest  rates  may  be  paid  off  and  replaced  by  new  loans  with  lower  interest  rates, 
causing downward pressure on our net interest margin.  In addition, our top ten depositor relationships accounted 
for approximately 8% of total  deposit balances at  both  December 31, 2023 and 2022.   The business  models and 
cash  cycles  of  some  of  our  large  commercial  depositors  may  also  cause  short-term  volatility  in  their  deposit 
balances held with us.  As our customers' businesses grow, the dollar value of their daily activities may also grow 
leading to larger fluctuations in daily balances.  Any long-term decline in deposit funding would adversely affect our 
liquidity.  For additional information on our management of deposit volatility, refer to the Liquidity section of ITEM 7, 
Management's Discussion and Analysis, of this report.

Unexpected Early Termination of Interest Rate Swap Agreements May Affect Earnings

We have entered into interest-rate swap agreements, primarily as an asset/liability risk management tool, in order to 
mitigate  the  interest  rate  risk  that  causes  fluctuations  in  the  fair  value  of  specified  long-term  fixed-rate  loans  and 
securities or firm commitments to originate long-term fixed rate loans.  In the event of default by the borrowers on 
our  hedged  loans,  we  may  have  to  terminate  these  designated  interest-rate  swap  agreements  early,  resulting  in 
market value losses that could negatively affect our earnings.

The  Trading  Volume  of  Bancorp's  Common  Stock  May  Be  Less  than  That  of  Other,  Larger  Financial 
Services Companies

Our  common  stock  is  listed  on  the  Nasdaq  Capital  Market  exchange.    Our  trading  volume  is  less  than  that  of 
nationwide  or  larger  regional  financial  institutions.    A  public  trading  market  having  the  desired  characteristics  of 
depth, liquidity and orderliness depends on the presence of willing buyers and sellers of common stock at any given 
time.  This presence depends on the individual decisions of investors and general economic and market conditions 
over which we have no control.  Given the low trading volume of our common stock, significant trades of our stock in 
a given time period, or the expectations of these trades, could cause volatility in the stock price.

Credit Risks

We are Subject to Significant Credit Risk and Loan Losses May Exceed Our Allowance for Credit Losses in 
the Future

The operation of our business requires us to manage credit risk. As a lender, we are exposed to the risk that our 
borrowers will be unable to repay their loans according to their terms, and that the collateral securing repayment of 
their  loans,  if  any,  may  not  be  sufficient  to  ensure  repayment.  In  addition,  there  are  risks  inherent  in  making  any 
loan, including risks with respect to the period of time over which the loan may be repaid, risks relating to proper 
loan  underwriting,  risks  resulting  from  changes  in  economic  and  industry  conditions  and  risks  inherent  in  dealing 
with  individual  borrowers.  In  order  to  successfully  manage  credit  risk,  we  must,  among  other  things,  maintain 
disciplined and prudent underwriting standards and ensure that our bankers follow those standards. The weakening 
of  these  standards  for  any  reason,  such  as  an  attempt  to  attract  higher  yielding  loans,  a  lack  of  discipline  or 
diligence by our employees in underwriting and monitoring loans, the inability of our employees to adequately adapt 
policies and procedures to changes in economic or any other conditions affecting borrowers and the quality of our 
loan  portfolio,  may  result  in  loan  defaults,  foreclosures  and  additional  charge-offs  and  may  necessitate  that  we 

17

significantly increase our allowance for credit losses on loans, each of which could adversely affect our net income.  
As a result, any inability to successfully manage credit risk could have a material adverse effect on our business, 
financial condition or results of operations.

We maintain allowances for credit losses on loans and unfunded loan commitments that represent management's 
best estimate of expected credit losses over the contractual lives of our loans under the current expected credit loss 
method.  The level of the allowance reflects management's continuous evaluation of specific credit risks, loan loss 
experience, current loan portfolio quality and present and forecasted economic, political and regulatory conditions.  
The  determination  of  the  appropriate  level  of  the  allowances  inherently  involves  a  high  degree  of  subjectivity  and 
requires  us  to  make  significant  estimates  of  current  credit  risks  and  trends  and  future  economic  forecasts,  all  of 
which  may  undergo  material  changes.    Inaccurate  assumptions  in  appraisals  or  an  inappropriate  choice  of  the 
valuation techniques may lead to an inadequate level of specific reserve or charge-offs.

The  Small  to  Medium-sized  Businesses  that  we  Lend  to  may  have  Fewer  Resources  to  Weather  Adverse 
Economic and Other Developments, which may Impair a Borrower's Ability to Repay a Loan

We focus our business development and marketing strategy primarily on small to medium-sized businesses.  Small 
to medium-sized businesses frequently have smaller market shares than their competition, may be more vulnerable 
to  economic  downturns,  often  need  substantial  additional  capital  to  expand  or  compete  and  may  experience 
substantial volatility in operating results, any of which may impair a borrower's ability to repay a loan.  In addition, 
the success of a small and medium-sized business often depends on the management talents and efforts of one or 
two people or a small group of people, and the death, disability or resignation of one or more of these people could 
adversely affect the business and its ability to repay its loan.  If general economic conditions negatively affect the 
California  markets  in  which  we  operate  and  small  to  medium-sized  businesses  are  adversely  affected  or  our 
borrowers are otherwise affected by adverse business developments, our business, financial condition and results 
of operations may be negatively affected. 

Negative  Conditions  Affecting  Real  Estate  May  Harm  Our  Business  and  Our  Commercial  Real  Estate 
Concentration May Heighten Such Risk

Concentration  of  our  lending  activities  in  the  California  real  estate  sector  could  negatively  affect  our  results  of 
operations if adverse changes in our lending area occur.  As of December 31, 2023, approximately 90% of our loans 
had real estate as a primary or secondary component of collateral, which were comprised of 75% commercial real 
estate and 25% residential real estate.  Real estate valuations are influenced by demand, and demand is driven by 
economic factors such as employment rates and interest rates.

Loans  secured  by  CRE  include  those  secured  by  office  buildings,  owner-user  office/warehouses,  mixed-use 
commercial,  retail  properties  and  multi-family  residential  real  estate.    There  can  be  no  assurance  that  properties 
securing our loans will generate sufficient cash flows to allow borrowers to make full and timely loan payments to 
us.  We do not lend on high-rise office towers in San Francisco and the Bay Area generally, but we do take office 
and other commercial properties as collateral in our CRE lending.  For a discussion of our CRE lending, including 
detail on the types of properties in our real estate secured lending and geographic distribution of such loans, please 
see the discussion titled “FINANCIAL CONDITION – Loans” herein.

Rising  CRE  lending  concentrations  may  expose  institutions  to  unanticipated  earnings  and  capital  volatility  in  the 
event of adverse changes in the CRE market.  Concentration risk exists when financial institutions deploy too many 
assets  to  any  one  industry  or  segment.    Concentration  stemming  from  commercial  real  estate  is  one  area  of 
regulatory  concern.  The  CRE  Concentration  Guidance  provides  supervisory  criteria,  including  the  following 
numerical indicators, to assist bank examiners in identifying banks with potentially significant commercial real estate 
loan concentrations that may warrant greater supervisory scrutiny: (i) total commercial real estate loans exceeding 
300% of capital and increasing 50% or more in the preceding three years; or (ii) construction and land development 
loans exceeding 100% of capital. The CRE Concentration Guidance does not limit banks’ levels of commercial real 
estate lending activities, but rather guides institutions in developing risk management practices and levels of capital 
that  are  commensurate  with  the  level  and  nature  of  their  commercial  real  estate  concentrations.    As  of 
December  31,  2023  and  2022,  using  regulatory  definitions  in  the  CRE  Concentration  Guidance,  our  CRE  loans 
represented 300% and 307%, respectively, of our total risk-based capital.  We manage our CRE concentrations and 

18

discuss  them  as  necessary  with  the  banking  regulatory  agencies  and  believe  that  our  underwriting  policies, 
management  information  systems,  independent  credit  administration  process,  and  monitoring  of  real  estate  loan 
concentrations are currently sufficient to address the CRE Concentration Guidance.

Accounting Estimates and Risk Management Processes Rely on Analytical and Forecasting Models

The processes we use to estimate expected credit losses on loans and investment securities, and to measure the 
fair value of financial instruments, as well as the processes used to estimate the effects of changing interest rates 
and other market measures on our financial condition and results of operations, depends upon the use of analytical 
and forecasting models.  These models reflect assumptions that may not be accurate, particularly in times of market 
volatility or other unforeseen circumstances.  Even if these assumptions are adequate, the models may prove to be 
inadequate or inaccurate because of other flaws in their design or their implementation.  If the models we use for 
interest  rate  risk  and  asset-liability  management  are  inadequate,  we  may  incur  increased  or  unexpected  losses 
upon changes in market interest rates or other market factors.  If the models we use for determining our expected 
credit  losses  on  loans  and  investment  securities  are  inadequate,  the  allowance  for  credit  losses  may  not  be 
sufficient to support future charge-offs.  If the models we use to measure the fair value of financial instruments are 
inadequate,  the  fair  value  of  such  financial  instruments  may  fluctuate  unexpectedly  or  may  not  accurately  reflect 
what we could realize upon sale or settlement of such  financial instruments.  Any such failure in our analytical or 
forecasting  models  could  have  a  material  adverse  effect  on  our  business,  financial  condition  and  results  of 
operations.

Investment Securities May Lose Value due to Credit Quality of the Issuers

We  invest  in  significant  portions  of  debt  securities  issued  by  government-sponsored  enterprises  ("GSE"),  such  as 
Federal  Home  Loan  Bank  ("FHLB"),  Federal  National  Mortgage  Association  (“FNMA”),  and  Federal  Home  Loan 
Mortgage Corporation ("FHLMC").  We also hold mortgage-backed securities (“MBS”) issued by FNMA and FHLMC, 
both  of  which  have  been  under  U.S.  government  conservatorship  since  2008.    While  we  consider  FNMA  and 
FHLMC  securities  to  have  low  credit  risk  as  they  carry  the  explicit  backing  of  the  U.S.  government  due  to  the 
conservatorship, they are not direct obligations of the U.S. government.  The fair value of our securities issued or 
guaranteed  by  these  two  GSE  entities  may  be  negatively  impacted  if  the  U.S.  government  ceases  to  provide 
support to the conservatorship.  GSE debt is sponsored but not guaranteed by the federal government and carries 
implicit backing, whereas government agencies such as Government National Mortgage Association ("GNMA") are 
divisions of the government whose securities are backed by the full faith and credit of the U.S. government.

Although Congress has taken steps to improve regulation and consumer protection related to the housing finance 
system  (e.g.,  the  Dodd-Frank  Act),  FNMA  and  FHLMC  have  entered  their  16th  year  of  U.S.  government 
conservatorship  via  the  Federal  Housing  Finance Agency  ("FHFA").    While  proposals  to  end  the  conservatorship 
have considered solutions such as an initial public offering, at the date of this report, its future and ultimate impact 
on the financial markets and our investments in GSEs are uncertain.

While we generally seek to minimize our exposure by strategically diversifying our credit exposure to obligations of 
issuers in various geographic locations throughout California and the U.S., investing in investment-grade securities, 
and actively monitoring the creditworthiness of the issuers and/or credit guarantee providers, there is no guarantee 
that the issuers will remain financially sound or continue their payments on these debentures.

Operational and Other Risks

Risks Associated with Cybersecurity Could Negatively Affect Our Earnings and Reputation

Our  business  requires  the  secure  management  of  sensitive  client  and  bank  information.    We  work  diligently  to 
implement  layered  security  measures  that  intend  to  make  our  communications  and  information  systems  resilient 
and  safe  to  conduct  business.    With  the  advent  of  artificial  intelligence  (AI),  cyber  threats  such  as  social 
engineering,  ransomware,  and  phishing  are  more  sophisticated  and  prevalent  now  than  ever  before.    These 
incidents  include  intentional  and  unintentional  events  that  may  present  threats  designed  to  disrupt  operations, 
corrupt data, release sensitive information, or cause denial-of-service attacks.  A cybersecurity breach of systems 
operated  by  the  Bank,  merchants,  vendors,  customers,  or  externally  publicized  breaches  of  other  financial 

19

institutions  may  significantly  harm  our  reputation,  result  in  a  loss  of  customer  business,  subject  us  to  regulatory 
scrutiny, or expose us to civil litigation and financial liability.  While we have systems and procedures designed to 
prevent security breaches, we cannot be certain that advances in cyberthreats, criminal capabilities, network break-
ins,  or  inappropriate  access  will  not  compromise  or  breach  the  technology  protecting  our  networks  or  proprietary 
client  information.    If  a  material  security  breach  were  to  occur,  the  Bank  has  policies  and  procedures  in  place  to 
ensure  timely  disclosure.    For  additional  information  on  cybersecurity  management  and  governance,  refer  to 
ITEM-1C, Cybersecurity, in this report.

The Financial Services Industry is Undergoing Rapid Technological Changes and, As a Result, We Have a 
Continuing Need to Stay Current with Those Changes to Compete Effectively and Increase Our Efficiencies. 
We May Not Have the Resources to Implement New Technology to Stay Current with These Changes

The financial services industry is undergoing technological changes with frequent introductions of new technology-
driven products and services.  In addition to providing better client service, the effective use of technology increases 
efficiency and reduces operational costs.  Our future success will depend in part on our ability to use technology to 
provide  products  and  services  that  will  satisfy  client  demands  securely  and  cost-effectively.    In  connection  with 
implementing  new  technology  enhancements  and/or  products,  we  may  experience  operational  challenges  (e.g., 
human error, system error, incompatibility), which could result in us not fully realizing the anticipated benefits from 
such new technology or require us to incur significant costs to remedy any such challenges in a timely manner. 

Climate  change  and  related  legislative  and  regulatory  initiatives  may  materially  affect  the  Company’s 
business and results of operations.

Concerns  over  the  long-term  impacts  of  climate  change  have  led  to  governmental  efforts  around  the  world  to 
mitigate those impacts.   As a result, political and social attention to the issue of climate change has increased.  The 
U.S. government, state legislatures and federal and state regulatory agencies are likely to continue to propose and 
advance  numerous  legislative  and  regulatory  initiatives  seeking  to  mitigate  the  effects  of  climate  change.  These 
initiatives and increasing supervisory expectations may require the Company to expend significant capital and incur 
compliance,  operating,  maintenance  and  remediation  costs.  In  addition,  given  the  lack  of  empirical  data  on  the 
credit and other financial risks posed by climate change, it is impossible to predict how climate change may impact 
our  financial  condition  and  operations.    As  a  banking  organization,  the  physical  effects  of  climate  change  may 
present  certain  unique  risks.  For  example,  our  primary  market  is  located  in  both  earthquake  and  wildfire-prone 
zones in Northern California, which is also subject to other weather or disasters, such as severe rainstorms, drought 
or flood.  These events have interrupted our business operations unexpectedly at times (e.g., PG&E power shutoffs 
in the North Bay and Sacramento Region).  Climate-related physical changes and hazards could also pose credit 
risks  for  us.    For  example,  our  borrowers  may  have  collateral  properties  or  operations  located  in  areas  at  risk  of 
wildfires, or coastal areas at risk to rising sea levels and erosion, or subject to the risk of drought in California.  The 
properties  pledged  as  collateral  on  our  loan  portfolio  could  also  be  damaged  by  tsunamis,  landslides,  floods, 
earthquakes or wildfires and thereby the recoverability of loans could be impaired.  A number of factors can affect 
credit losses, including the extent of damage to the collateral, the extent of damage not covered by insurance, the 
extent to which unemployment and other economic conditions caused by the natural disaster adversely affect the 
ability of borrowers to repay their loans, and the cost of collection and foreclosure to us.  Additionally, there could be 
increased  insurance  premiums  and  deductibles,  or  a  decrease  in  the  availability  of  coverage,  due  to  severe 
weather-related  losses.    The  ultimate  outcome  on  our  business  of  a  natural  disaster,  whether  or  not  caused  by 
climate  change,  is  difficult  to  predict  but  could  have  a  material  adverse  effect  on  financial  condition,  results  of 
operations or profitability.

We Rely on Third-Party Vendors for Important Aspects of Our Operation

We  depend  on  the  accuracy  and  completeness  of  information  and  systems  provided  by  certain  key  vendors, 
including  but  not  limited  to  data  processing,  payroll  processing,  technology  support,  investment  safekeeping  and 
accounting.    For  example,  we  outsource  core  processing  to  Fidelity  Information  Services  ("FIS")  and  wire 
processing to Finastra, which are leading financial services solution providers that allow us access to competitive 
technology offerings without having to invest in their development.  Our ability to operate, as well as our financial 
condition  and  results  of  operations,  could  be  negatively  affected  in  the  event  of  an  interruption  of  an  information 

20

system,  an  undetected  error,  a  cyber-breach,  or  in  the  event  of  a  natural  disaster  whereby  certain  vendors  are 
unable to maintain business continuity.

Regulatory and Compliance Risks

Banks and Bank Holding Companies are Subject to Extensive Government Regulation and Supervision

Bancorp and the Bank are subject to extensive federal and state governmental supervision, regulation and control. 
Holding company regulations affect the range of activities in which Bancorp is engaged.  Banking regulations affect 
the Bank's lending practices, capital structure, investment practices, dividend policy, and compliance costs among 
other things.  Compliance risk is the current and prospective risk to earnings or capital arising from violations of, or 
non-conformance  with,  laws,  rules,  regulations,  prescribed  practices,  internal  policies  and  procedures,  or  ethical 
standards  set  forth  by  regulators.    Compliance  risk  also  arises  in  situations  where  the  laws  or  rules  governing 
certain bank products or activities of our clients may be ambiguous or untested.  This risk exposes Bancorp and the 
Bank to potential fines, civil money penalties, payment of damages and the voiding of contracts.  Compliance risk 
can  lead  to  diminished  reputation,  reduced  franchise  value,  limited  business  opportunities,  reduced  expansion 
potential  and  an  inability  to  enforce  contracts.    The  Bank  manages  these  risks  through  its  extensive  compliance 
plan,  policies  and  procedures.    For  further  information  on  supervision  and  regulation,  see  the  section  captioned 
“SUPERVISION AND REGULATION” in ITEM 1 of this report.

Any Regulatory Examination Scrutiny or New Regulatory Requirements Arising From the Recent Events in 
the Banking Industry Could Increase the Company’s Expenses and Affect the Company’s Operations

The Company anticipates increased regulatory scrutiny – in the course of routine examinations and otherwise – and 
new  regulations  directed  towards  banks  of  similar  size  to  the  Bank,  designed  to  address  the  recent  negative 
developments in the banking industry, all of which may increase the Company’s costs of doing business and reduce 
its profitability.  

21

ITEM 1B.      UNRESOLVED STAFF COMMENTS

None 

ITEM 1C.      CYBERSECURITY

Cybersecurity Risk Management, Strategy, and Governance

The  Company  recognizes  that  the  security  of  our  banking  operations  is  critical  to  protecting  our  customers  and 
maintaining  our  reputation.  The  cybersecurity  landscape  is  constantly  evolving.  To  mitigate  these  risks,  the 
Company  deploys  a  comprehensive  and  resilient  information  security  program  that  consists  of  a  layered  security 
model  using  industry  leading  hardware,  software,  and  services  to  protect  customers'  and  the  Bank’s  data  and  to 
ensure the confidentiality, integrity, and availability of our information systems.  This information security program is 
a critical component of our overall enterprise risk management program.

The Company leverages the following guidelines and frameworks to continue to refine and maintain the information 
security  program:  FFIEC  Information  Security  IT  Examination  Handbook,  FFIEC  Business  Continuity  Planning 
Handbook, FFIEC Cybersecurity Assessment Tool, Center for Internet Security Critical Security Controls, National 
Institute of Standards and Technology (NIST) Cybersecurity Framework. 
Key components of the information security program include:

•

•

•

•

•

•

A risk assessment process that identifies and prioritizes material cybersecurity risks; refines and evaluates 
the  effectiveness  of  controls  to  mitigate  the  risks;  and  reports  results  to  executive  management  and  the 
Board of Directors.

A  third-party  Managed  Detection  and  Response  (“MDR”)  service,  which  monitors  the  security  of  our 
network, infrastructure and computer systems 24x7, 365 days a year.

An incident response plan that outlines the steps the Bank will take to respond to a cybersecurity incident, 
which is tested on a periodic basis.

Annual recurring cybersecurity controls testing program, which includes independent third-party penetration 
testing,  cybersecurity  procedures  and  system  testing,  and  third-party  independent  network  traffic 
monitoring.

A  training  and  awareness  program  that  educates  and  tests  employees  on  how  to  avoid  and  identify 
cybersecurity risks.

A Cyber Security  Insurance  Policy that covers  insurance, incident response, incident mitigation, and legal 
support.

The  Company  engages  reputable  third-party  assessors  to  conduct  various  independent  risk  assessments  on  a 
regular  basis,  including  but  not  limited  to  maturity  assessments  and  various  other  tests.    Following  a  defense-in-
depth strategy, the Company leverages both in-house resources and third-party service providers to implement and 
maintain processes and controls to manage the identified risks.

Our vendor management program is designed to ensure that our vendors meet our cybersecurity requirements and 
manage  our  third-party  risks.  This  includes  conducting  periodic  risk  assessments  of  critical  vendors,  requiring 
vendors to implement appropriate cybersecurity controls, and monitoring vendor compliance with our cybersecurity 
requirements.

Security  controls  are  employed  on  all  media  where  information  is  stored,  the  systems  that  process  it,  and 
infrastructure  components  that  facilitate  its  transmission  to  ensure  the  confidentiality,  integrity,  and  availability  of 
Bank’s and customers' information. These controls include, but are not limited to, access control, data encryption, 
data  loss  prevention,  incident  response,  security  monitoring,  third  party  risk  management,  and  vulnerability 
management.

The Company's cybersecurity risk management program and strategy are regularly reviewed and updated to ensure 
that  they  are  aligned  with  the  Bank's  business  objectives  and  are  designed  to  address  evolving  cybersecurity 
threats and satisfy regulatory requirements and industry standards.

22

The Company’s Board of Directors is charged with overseeing the establishment and execution of the Company’s 
risk  management  framework  and  monitoring  adherence  to  related  policies  required  by  applicable  statutes, 
regulations  and  principles  of  safety  and  soundness.  Consistent  with  this  responsibility,  the  Board  has  primary 
oversight of cybersecurity risk and cybersecurity risk management  and receives reporting from management about 
material  risks  from  cybersecurity  threats.    All  members  of  the  Board  of  Directors  receive  regular  updates  on 
cybersecurity risks and incidents from the Information Security Officer (“ISO”) and Chief Information Officer (“CIO”) 
and  annual  security  awareness  training.  The  Information  Security  department  consists  of  cybersecurity 
professionals  who  assess,  identify,  and  manage  cybersecurity  risks  and  are  responsible  for  implementing  and 
maintaining the Company’s cybersecurity risk management program. 

ITEM 2.       PROPERTIES

We  lease  our  corporate  headquarters  building  in  Novato,  California,  which  houses  loan  production,  operations, 
Wealth Management and Trust Services and administration.  We lease branch and office facilities within our primary 
market areas in the cities of Corte Madera, San Rafael, Novato, Sausalito, Mill Valley, Greenbrae, Petaluma, Santa 
Rosa,  Healdsburg,  Sonoma,  Napa,  San  Francisco,  Alameda,  Oakland,  Walnut  Creek,  San  Mateo,  Gold  River, 
Jackson, Roseville, and Sacramento.  For additional information on properties, refer to Note 4, Bank Premises and 
Equipment, and Note 12, Commitments and Contingencies, in ITEM 8 of this report.

ITEM 3.         LEGAL PROCEEDINGS 

For information on litigation matters, see Note 12, Commitments and Contingencies, in ITEM 8 of this report.

ITEM 4.      MINE SAFETY DISCLOSURES

Not applicable.

23

PART II      

ITEM 5.      MARKET FOR REGISTRANT'S COMMON EQUITY, RELATED STOCKHOLDER MATTERS AND 

ISSUER PURCHASES OF EQUITY SECURITIES

Market Information and Holders

Bancorp's  common  stock  trades  on  the  Nasdaq  Capital  Market  under  the  symbol  BMRC.   At  February  29,  2024, 
16,193,342  shares  of  Bancorp's  common  stock,  no  par  value,  were  outstanding  and  held  by  approximately  7,860 
holders of record and beneficial owners. 

Five-Year Stock Price Performance Graph

The following graph, compiled by S&P Global Market Intelligence of New York, New York, shows a comparison of 
cumulative  total  shareholder  return  on  our  common  stock  during  the  five  fiscal  years  ended  December  31,  2023 
compared  to  the  Russell  2000  Stock  index  and  the  S&P  Regional  Banks  Select  Industry  Index.   The  comparison 
assumes the investment of $100 in our common stock on December 31, 2018 and the reinvestment of all dividends.  
The  graph  represents  past  performance  and  does  not  indicate  future  performance.    In  addition,  total  return 
performance results vary depending on the length of the performance period.

Bank of Marin Bancorp (BMRC)
Russell 2000 Index
S&P Regional Banks Select Industry Index 1  

Source: S&P Global Market Intelligence

2018
100.00   
100.00   
100.00   

2019
111.31   
125.53   
127.64   

2020
87.16   
150.58   
118.58   

2021
96.97   
172.90   
165.90   

2022
88.13   
137.56   
141.42   

2023
62.13 
160.85 
130.91 

1 The index comprises stocks in the S&P Total Market Index that are classified in the Global Industry Classification Standard regional banks sub-industry.

24

 
 
 
Securities Authorized for Issuance under Equity Compensation Plans

The following table summarizes information as of December 31, 2023, with respect to equity compensation plans.

Equity compensation plans approved by shareholders

283,578  $ 

33.46 

Shares to be issued 
upon exercise of 
outstanding options1

Weighted average 
exercise price of 
outstanding options

Shares remaining 
available for future 
issuance 2
999,843

1 Represents shares of common stock issuable upon exercise of outstanding options under the Bank of Marin Bancorp 2017 Equity Plan and 2007 Equity Plan.
2 Represents remaining shares of common stock available for future grants under the 2017 Equity Plan and the 2020 Director Stock Plan, excluding 283,578 shares 
to be issued upon exercise of outstanding options and 372,923 shares available to be issued under the Employee Stock Purchase Plan.

Purchases of Equity Securities by the Issuer and Affiliated Purchasers

In  January  2022,  the  last  activity  under  the  share  repurchase  program  approved  in  2021,  Bancorp  repurchased 
23,275 shares at an average price of $37.64 per share for a total cost of $877 thousand.  Cumulative repurchases 
totaled  618,991  shares  at  an  average  price  of  $36.04  per  share.    A  total  of  $34.7  million  remained  available  to 
repurchase under the program that expired on July 31, 2023.

On July 21, 2023, the Board of Directors approved the adoption of Bancorp's new share repurchase program, which 
replaced the one expiring on July 31, 2023, for up to $25.0 million and expiring on July 31, 2025.  There were no 
repurchases under this program in 2023.  

ITEM 6.     [RESERVED]

ITEM  7.        MANAGEMENT'S  DISCUSSION  AND  ANALYSIS  OF  FINANCIAL  CONDITION  AND  RESULTS  OF 

OPERATIONS

The following discussion of financial condition as of December 31, 2023 and 2022 and results of operations for each 
of the years in the three-year period ended December 31, 2023 should be read in conjunction with our consolidated 
financial statements and related notes thereto, included in Part II ITEM 8 of this report.

Forward-Looking Statements

The disclosures set forth in this item are qualified by important factors detailed in Part I captioned Forward-Looking 
Statements and ITEM 1A captioned Risk Factors of this report and other cautionary statements set forth elsewhere 
in the report. 

Critical Accounting Estimates

Critical  accounting  estimates  are  those  estimates  made  in  accordance  with  generally  accepted  accounting 
principles that involve a significant level of estimation and uncertainty and have had or are reasonably likely to have 
a  material  impact  on  our  financial  condition  and  results  of  operations.    We  consider  accounting  estimates  to  be 
critical  to  our  financial  results  if  (i)  the  accounting  estimate  requires  management  to  make  assumptions  about 
matters  that  are  highly  uncertain,  (ii)  management  could  have  applied  different  assumptions  during  the  reported 
period,  and  (iii)  changes  in  the  accounting  estimate  are  reasonably  likely  to  occur  in  the  future  and  could  have  a 
material impact on our financial statements. Management has determined the following accounting estimates and 
related policies to be critical.

Allowance for Credit Losses on Loans and Unfunded Commitments

The allowance for credit losses on loans is a valuation account that is deducted from the amortized cost basis at the 
balance  sheet  date  to  present  the  net  amount  of  loans  expected  to  be  collected.    The  allowance  for  losses  on 
unfunded  loan  commitments  is  based  on  estimates  of  the  probability  that  these  commitments  will  be  drawn  upon 
according to historical utilization experience, expected loss severity, and loss rates as determined for pooled funded 
loans.  The allowance for credit losses on unfunded commitments is a liability account included in interest payable 
and other liabilities.  Management estimates these allowances quarterly using relevant available information, from 
internal and external sources, relating to past events, current conditions, and reasonable and supportable forecasts.  

25

 
 
 
 
Credit  loss  experience  among  the  Bank  and  peer  groups  provides  the  basis  for  the  estimation  of  expected  credit 
losses. 

The  allowance  for  credit  losses  ("ACL")  model  utilizes  a  discounted  cash  flow  ("DCF")  method  to  measure  the 
expected credit losses on loans collectively evaluated that are sub-segmented by loan pools with similar credit risk 
characteristics,  which  generally  correspond  to  federal  regulatory  reporting  codes.    In  addition,  the  DCF  method 
incorporates  assumptions  for  probability  of  default  ("PD"),  loss  given  default  ("LGD"),  and  prepayments  and 
curtailments  over  the  contractual  terms  of  the  loans.    Under  the  DCF  method,  the  ACL  reflects  the  difference 
between the amortized cost basis and the present value of the expected cash flows using the loan's effective rate.

Management  considers  whether  adjustments  to  the  quantitative  portion  of  the ACL  are  needed  for  differences  in 
segment-specific  risk  characteristics  or  to  reflect  the  extent  to  which  it  expects  current  conditions  and  reasonable 
and  supportable  forecasts  of  economic  conditions  to  differ  from  the  conditions  that  existed  during  the  historical 
period included in the development of PD and LGD. 

Our allowance model is particularly sensitive to forecasted and seasonally-adjusted actual California unemployment 
rates,  which  increased  to  5.1%  at  December  31,  2023,  from  4.1%  at  December  31,  2022.    The  ACL  model 
incorporates a one-year forecast.  For periods beyond the forecast horizon, the economic factors revert to historical 
averages on a straight-line basis over a one-year period.  We performed a sensitivity analysis as of December 31, 
2023, and estimated that a 100 basis point change (e.g., 4.5% to 5.5%) in the forecasted unemployment rates over 
the next four quarters would result in about a 5% change to our allowance for credit losses on loans.  This impact 
does  not  consider  changes  to  other  assumptions  for  either  the  quantitative  factors,  such  as  probability  of  default, 
loss  given  default,  loan  mix  or  cash  flows,  prepayment/curtailment  rates,  and  individually  analyzed  loans,  or 
qualitative  factors  as  discussed  in  Note  1  -  Summary  of  Significant  Accounting  Policies.    Additionally,  because 
current  economic  conditions  and  forecasts  can  change,  as  future  events  are  inherently  difficult  to  predict,  the 
estimated credit losses on loans and unfunded commitments could change significantly.

While we believe we use the best information available to determine the allowance for credit losses, our results of 
operations  could  be  significantly  affected  if  circumstances  differ  substantially  from  the  assumptions  used  in 
determining  the  allowance.    For  information  regarding  critical  estimates  related  to  our  allowance  for  credit  losses 
methodology,  the  provision  for  credit  losses,  and  risks  to  asset  quality  and  lending  activity,  see  ITEM  1A  -  Risk 
Factors, the Allowance  for  Credit Losses section  in ITEM 7 - Management's Discussion and Analysis of Financial 
Condition and Results of Operations, 

Fair Value Measurements

We  use  fair  value  measurements  to  record  certain  financial  instruments  and  to  determine  fair  value  disclosures. 
Available-for-sale securities and interest rate swap agreements are financial instruments recorded at fair value on a 
recurring  basis.    Additionally,  we  record  at  fair  value  other  financial  assets  on  a  nonrecurring  basis,  such  as 
collateral dependent loans and other real estate owned. These nonrecurring fair value adjustments typically involve 
write-downs  of,  or  specific  reserves  against,  individual  assets.    We  group  our  assets  and  liabilities  that  are 
measured at fair value into three levels within the fair value hierarchy, based on the markets in which the assets and 
liabilities are traded and the reliability of the assumptions used to determine fair value.  The classification of assets 
and  liabilities  within  the  hierarchy  is  based  on  whether  the  inputs  to  the  valuation  methodology  used  in  the 
measurement are observable or unobservable. Observable inputs reflect market-driven or market-based information 
obtained from independent sources, while unobservable inputs reflect our estimates about market data.  The degree 
of  management  judgment  involved  in  determining  the  fair  value  of  a  financial  instrument  is  dependent  upon  the 
availability of quoted market prices or observable market data. For financial instruments that trade actively and have 
quoted  market  prices  or  observable  market  data,  there  is  minimal  subjectivity  involved  in  measuring  fair  value. 
When  observable  market  prices  and  data  are  not  fully  available,  management  judgment  is  necessary  to  estimate 
fair value. In addition, changes in market conditions may reduce the availability of quoted prices or observable data.  
Therefore, when market data is not available, we use valuation techniques that require more management judgment 
to  estimate  the  appropriate  fair  value  measurement.    Fair  value  is  discussed  further  in  Note  1  -  Summary  of 
Significant Accounting Policies, and Note 9 - Fair Value of Assets and Liabilities in ITEM 8 - Financial Statements 
and Supplementary Data of this Form 10-K.

26

Goodwill

Goodwill arises from the acquisition method of accounting for business combinations and represents the excess of 
the fair value of the consideration transferred, plus the fair value of any noncontrolling interests in the acquiree, over 
the  fair  value  of  the  net  assets  acquired  and  liabilities  assumed  as  of  the  acquisition  date.    Goodwill  is  tested 
annually  for  impairment,  or  more  often  if  conditions  change  and  indicate  a  possible  impairment.    Significant 
judgment is used in the assessment of goodwill, both in a qualitative assessment and a quantitative assessment. 
Assessments of goodwill often require the use of fair value estimates, which are dependent upon various factors, 
including  estimates  concerning  the  Company’s  long-term  growth  prospects  and  comparability  to  industry  data. 
Uncertainty  and  imprecision  in  estimates  can  affect  the  estimated  fair  value  of  the  reporting  unit  in  a  goodwill 
assessment. Additionally, various events or circumstances could have a negative effect on the estimated fair value 
of  a  reporting  unit,  such  as  declines  in  business  performance,  increases  in  credit  losses,  and  deterioration  in 
economic or market conditions, which may result in a material impairment charge to earnings in future periods.  

In  2023,  the  Company  assessed  goodwill  for  impairment  by  performing  a  quantitative  assessment,  which 
encompassed an income approach and a market approach.  The income approach considered such factors as the 
estimated  future  cash  flows  of  our  reporting  unit  based  on  internal  long-term  forecasts,  assumptions  concerning 
potential  synergies  and  other  economic  benefits,  and  a  discount  rate  used  to  present  value  such  cash  flows  to 
determine the fair value. The market approach utilized observable market data from comparable public companies, 
including  price-to-tangible  book  value  ratios,  to  estimate  the  Company’s  fair  value.  The  market  approach  also 
incorporated a control premium to represent the Company’s expectation of a hypothetical acquisition. Management 
used  judgment  in  the  selection  of  comparable  companies  and  included  those  with  similar  business  activities,  and 
related operating environments.  In addition, the selection and weighting of the various fair value techniques may 
result  in  higher  or  lower  estimates  of  fair  value.  Judgment  is  applied  in  determining  the  weightings  between  the 
income approach and the market approach in determining fair value.  The results of this assessment indicated the 
value of goodwill was not impaired as of our annual impairment testing date of November 30, 2023, and there were 
no changes to our assessment through December 31, 2023. 

27

RESULTS OF OPERATIONS

Financial Highlights

The  following  are  highlights  of  our  financial  condition  and  results  of  operations.    The  data  was  derived  from  the  audited 
consolidated financial statements of Bank of Marin Bancorp.

At  December 31,

2023

2022

$  3,803,903 
$  1,477,226 
$  2,048,548 
$  3,290,075 
$ 
26,298 
$  439,062 
27.17 
$ 

$  4,147,464 
$  1,774,303 
$  2,069,563 
$  3,573,348 
$  112,439 
$  412,092 
25.71 
$ 

 1.21 %
3.15x
 0.39 %
 1.56 %

 11.54 %
 9.73 %
 16.89 %
 15.91 %
 10.46 %
 15.91 %

 63.03 %
27
329

 1.10 %
9.45x
 0.12 %
 1.34 %

 9.94 %
 8.21 %
 15.90 %
 15.02 %
 9.60 %
 15.02 %

 58.56 %
31
313

For the Years Ended December 31,

2023

2022

2021

$  102,761 
2,575 
(342) 
4,989 
79,481 
19,895 

$  127,492 
(63) 
(318) 
10,905 
75,269 
46,586 

$  104,951 
(1,449) 
(992) 
10,132 
72,638 
33,228 

$ 
$ 

1.24 
1.24 

$ 
$ 

2.93 
2.92 

$ 
$ 

2.32 
2.30 

 0.49 %
 4.69 %
 2.63 %
 0.74 %
 73.76 %
386 
 0.02 %
 80.65 %
1.00 

$ 

$ 

 1.08 %
 11.16 %
 3.11 %
 0.06 %
 54.39 %

(23)  $ 
NM
 33.45 %
0.98 

$ 

 0.94 %
 8.43 %
 3.17 %
 0.07 %
 63.12 %
(93) 

NM
 40.52 %
0.94 

$ 

$ 

(dollars in thousands, except per share data)
Selected financial condition data:

Total assets
Investment securities
Loans, net of allowance for credit losses on loans 
Deposits
Borrowings and other obligations
Stockholders' equity
Book value per share

Asset quality ratios:

Allowance for credit losses to total loans
Allowance for credit losses to non-accrual loans
Non-accrual loans to total loans
Classified loans (graded substandard and doubtful) as a percentage of total loans

Capital ratios:

Equity to total assets
Tangible common equity to tangible assets 
Total capital (to risk-weighted assets)
Tier 1 capital (to risk-weighted assets)
Tier 1 capital (to average assets)
Common equity Tier 1 capital (to risk-weighted assets)

Other data:

Loan-to-deposit ratio
Number of branches
Full-time equivalent employees

(dollars in thousands, except per share data)

Selected operating data:

Net interest income
Provision for (reversal of) credit losses on loans
Reversal of credit losses on unfunded loan commitments
Non-interest income
Non-interest expense  
Net income  
Net income per common share: 

Basic
Diluted

Performance and other financial ratios:

Return on average assets
Return on average equity
Tax-equivalent net interest margin
Cost of deposits
Efficiency ratio
Net charge-offs (recoveries)
Net charge-offs (recoveries) to average loans
Cash dividend payout ratio on common stock  1
Cash dividends per common share

1 Calculated as cash dividends per common share divided by basic net income per common share.
NM - Not meaningful.

28

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Executive Summary

Annual earnings were $19.9 million in 2023, compared to $46.6 million in 2022.  Diluted earnings were $1.24 per 
share  in  2023,  compared  to  $2.92  per  share  in  2022.    Results  for  2023  were  significantly  impacted  by  industry 
disruptions and the aftermath of a few regional bank failures in the first half of the year, causing some deposit run-
off and a shift to higher cost funding sources, coupled with the FOMC's monetary policy resulting in rapid interest 
rate increases impacting both our funding costs and lending activity.  However, we took several actions to reposition 
our balance sheet and improve our net interest margin, and, although there can be no assurance given, believe we 
laid the foundation for improved earnings in 2024, as discussed below. 

The following are highlights of operating and financial performance for the year ended December 31, 2023:

• Over the course of 2023, balance sheet restructuring activities included the sale of $214.5 million in lower 
yielding  available-for-sale  securities,  offsetting  some  losses  with  a  gain  from  the  sale  of  our  remaining 
investment in Visa Inc. Class B restricted common stock, for a net pretax loss of $5.9 million.  At the time, 
the sales proceeds were largely directed toward new loan originations and repayment of borrowings, which 
is  expected  to  accelerate  the  improvement  of  the  net  interest  margin  over  the  coming  quarters  through 
higher  interest  earned  on  cash  and  loans  and  lower  borrowing  costs.    In  addition,  the  Bank  entered  into 
various interest rate swap agreements with notional values totaling $101.8 million to hedge balance sheet 
interest rate sensitivity and protect certain of our fixed-rate available-for-sale securities against changes in 
fair value related to changes in the benchmark interest rate.  These interest rate swaps were accretive to 
net interest income in 2023.

•

Loan  balances  of  $2.074  billion  as  of  December  31,  2023,  were  down  slightly  from  $2.093  billion  as  of  
December  31,  2022.    Loan  originations  were  $144.1  million  in  2023,  compared  to  $240.2  million  in  2022. 
Excluding  paycheck  protection  loans  ("PPP  loans"),  payoffs  were  $107.1  million  in  2023,  compared  to 
$258.5  million  in  2022.    PPP  loan  payoffs  during  2023  and  2022  were  $2.7  million  and  $107.7  million, 
respectively. In addition, loan amortization from scheduled repayments, partially offset by the net utilization 
of lines of credit, reduced loans by $53.1 million in 2023. 

• Our loan portfolio continues to perform well, with classified loans at 1.56% of total loans as of December 31, 
2023,  compared  to  1.34%  as  of  December  31,  2022.  Non-owner-occupied  commercial  real  estate  loans 
made up $23.7 million, or 73%, of total classified loans as of December 31, 2023.  Non-accrual loans were 
0.39% and 0.12% of total loans as of December 31, 2023 and 2022, respectively.  The Bank continues to 
proactively identify and manage credit risk within the loan portfolio.

•

•

A $2.6 million provision for credit losses on loans in 2023 brought the allowance for credit losses to 1.21% 
of  total  loans,  compared  to  1.10%  as  of  December  31,  2022.    The  increase  was  due  primarily  to 
adjustments  to  qualitative  risk  factors  and  specific  allowances  on  loans  with  unique  credit  risk 
characteristics  not  indicative  of  pooled  loans,  as  discussed  below.    This  compares  to  a  $63  thousand 
provision reversal in 2022.

Total deposits decreased by $283.3 million to $3.290 billion as of December 31, 2023, from $3.573 billion as 
of  December  31,  2022.    As  discussed  further  below,  the  decline  was  primarily  due  to  a  combination  of 
outflows  related  to  planned  business  activities,  some  balance  declines  associated  with  loan  relationships 
exited  during  the  year,  and  a  number  of  customers  moving  cash  into  alternative  investments  to  capture 
higher returns, a portion of which was directed to our own wealth management group.  In addition, we had 
some deposit run-off as a result of regional bank failures and industry disruptions in the first half of the year.  
Non-interest bearing deposits continue to remain strong compared to our peers and made up 43.8% of total 
deposits  as  of  December  31,  2023,  compared  to  51.5%  as  of  December  31,  2022.    We  believe  we  are 
appropriately  competitive  in  regard  to  deposit  pricing,  given  our  relationship  banking  model,  which 
differentiates  Bank  of  Marin  through  exceptional  service.    Estimated  uninsured  and/or  uncollateralized 
deposits comprised 28% of total deposits as of December 31, 2023. 

29

•

•

•

•

Total borrowings decreased by $86.0 million to $26.0 million, compared to $112.0 million at December 31, 
2022,  as  part  of  the  strategic  balance  sheet  restructuring  in  2023.    Net  available  funding  sources  of 
$2.0 billion provided 213% coverage of uninsured deposits as of December 31, 2023.

The  tax-equivalent  net  interest  margin  was  2.63%  for  2023,  compared  to  3.11%  for  2022.   The  decrease 
was primarily attributed to higher deposit and borrowing costs, partially offset by higher yields on loans and 
investment securities.

All  capital  ratios  were  above  well-capitalized  regulatory  requirements.    Bancorp's  total  risk-based  capital 
ratio  was  16.89%  as  of  December  31,  2023,  compared  to  15.90%  as  of  December  31,  2022.    Tangible 
common equity to tangible assets ("TCE ratio") increased to 9.73% as of December 31, 2023, from 8.21% 
as of December 31, 2022.  While we do not intend to sell our held-to-maturity securities, the TCE ratio, net 
of after-tax unrealized losses on held-to-maturity securities as if the losses were realized, was 7.80% as of 
December  31,  2023,  compared  to  6.15%  as  of  December  31,  2022  (refer  to  the  discussion  and 
reconciliation of this non-GAAP financial measure in the section below entitled Statement Regarding Use of 
Non-GAAP Financial Measures).

The Board of Directors declared a cash dividend of $0.25 per share on January 25, 2024, which was the 
75th  consecutive  quarterly  dividend  paid  by  Bancorp.    The  dividend  was  paid  on  February  15,  2024  to 
shareholders of record at the close of business on February 8, 2024.

30

Net Interest Income

Net  interest  income  is  the  interest  earned  on  loans,  investments  and  other  interest-earning  assets  minus  interest 
expense incurred on deposits and other interest-bearing liabilities.  Net interest income is impacted by changes in 
general  market  interest  rates  and  by  changes  in  the  composition  of  interest-earning  assets  and  interest-bearing 
liabilities.  Interest rate changes can create fluctuations in net interest income and/or margin due to an imbalance in 
the timing of repricing or maturity of assets and liabilities.  We manage interest rate risk exposure with the goal of 
minimizing the impact of interest rate volatility on net interest income.

Net  interest  margin  is  expressed  as  net  interest  income  divided  by  average  interest-earning  assets.    Net  interest 
rate spread is the difference between the average rate earned on total interest-earning assets and the average rate 
incurred on total interest-bearing liabilities.  Both of these measures are reported on a taxable-equivalent basis.  Net 
interest  margin  is  the  higher  of  the  two  because  it  reflects  interest  income  earned  on  assets  funded  with  non-
interest-bearing sources of funds, which include demand deposits and stockholders’ equity.

The  following  table  compares  interest  income,  average  interest-earning  assets,  interest  expense,  and  average 
interest-bearing liabilities for the periods presented. The table also presents net interest income, net interest margin 
and net interest rate spread for the years indicated.

Average Statements of Condition and Analysis of Net Interest Income

Year ended

Year ended

Year ended

December 31, 2023
Interest
Income/
Expense

Average
Balance

Yield/
Rate

December 31, 2022
Interest
Income/
Expense

Average
Balance

Yield/
Rate

December 31, 2021
Interest
Income/
Expense

Average
Balance

Yield/
Rate

$  42,864  $ 

2,329 

 5.36 % $  120,395  $ 

1,407 

 1.15 % $  287,626  $ 

399 

  1,753,708   

39,100 

 2.23 %   1,796,628   

35,534 

 1.98 %   866,790   

16,999 

  2,099,719   

99,018 

 4.65 %   2,175,259   

94,614 

 4.29 %   2,155,982   

92,376 

  3,896,291    140,447 

 3.56 %   4,092,282    131,555 

 3.17 %   3,310,398    109,774 

 0.14 %

 1.96 %

 4.23 %

 3.27 %

53,534 

7,400 

  151,295 

$ 4,304,511 

61,299 

5,964 

  159,502 

$ 3,537,163 

(dollars in thousands; unaudited)

Assets
Interest-earning deposits with banks 1
Investment securities 2, 3
Loans 1, 3, 4, 7
   Total interest-earning assets 1
Cash and non-interest-bearing due from 
banks

Bank premises and equipment, net

37,868 

8,348 

Interest receivable and other assets, net

  135,200 

Total assets

$ 4,077,707 

Liabilities and Stockholders' Equity

Interest-bearing transaction accounts

$  240,524  $ 

1,036 

 0.43 % $  294,682  $ 

  281,611   

867 

 0.31 %   341,710   

421 

125 

 0.14 % $  217,924  $ 

 0.04 %   268,397   

172 

94 

Savings accounts

Money market accounts

Time accounts, including CDARS
Borrowings and other obligations 1, 6
Subordinated debenture 1, 5

  1,013,620   

18,553 

 1.83 %   1,065,104   

1,589 

 0.15 %   864,625   

1,520 

  191,056   

4,715 

 2.47 %   140,547   

323 

 0.23 %   115,393   

  221,623   

11,562 

 5.15 %  

2,295   

—   

— 

 — %  

—   

91 

— 

 3.90 %  

 — %  

892   

534   

246 

9 

1,361 

 251.54 %

 0.08 %

 0.04 %

 0.18 %

 0.21 %

 1.08 %

   Total interest-bearing liabilities

  1,948,434   

36,733 

 1.89 %   1,844,338   

2,549 

 0.14 %   1,467,765   

3,402 

 0.23 %

Demand accounts

Interest payable and other liabilities

Stockholders' equity

Total liabilities & stockholders' equity
Tax-equivalent net interest income/margin 1
Reported net interest income/margin 1

Tax-equivalent net interest rate spread

  1,656,047 

49,442 

  423,784 

$ 4,077,707 

  1,993,373 

49,456 

  417,344 

$ 4,304,511 

  1,628,289 

46,746 

  394,363 

$ 3,537,163 

$  103,714 

$  102,761 

 2.63 %

 2.60 %

 1.67 %

$  129,006 

$  127,492 

 3.11 %

 3.07 %

 3.03 %

$  106,372 

$  104,951 

 3.17 %

 3.13 %

 3.04 %

1 Interest income/expense is divided by actual number of days in the period times 360 days to correspond to stated interest rate terms, where applicable.
2  Yields  on  available-for-sale  securities  are  calculated  based  on  amortized  cost  balances  rather  than  fair  value,  as  changes  in  fair  value  are  reflected  as  a 
component of stockholders' equity. Investment security interest is earned on 30/360 day basis monthly.
3 Yields and interest income on tax-exempt securities and loans are presented on a taxable-equivalent basis using the federal statutory rate of 21%.
4 Average balances on loans outstanding include non-performing loans. The amortized portion of net loan origination fees is included in interest income on loans, 
representing an adjustment to the yield.
5 2021 interest on the subordinated debenture included $1.3 million in accelerated discount accretion from the early redemption of our last subordinated debenture 
on March 15, 2021.
6 Average balances and rate consider $13.9 million in FHLB borrowings acquired from AMRB that were redeemed on August 25, 2021.

7 Net loan origination (costs) fees included in interest income totaled $(1.3) million, $1.1 million, and $7.0 million in 2023, 2022, and 2021, respectively.

31

 
 
 
 
 
 
 
 
 
 
 
 
 
Analysis of Changes in Net Interest Income 

The following table presents the effects of changes in average balances (volume) or changes in average rates on 
tax-equivalent net interest income for the years indicated.  Volume variances are equal to the increase or decrease 
in average balances multiplied by prior period rates.  Rate variances are equal to the increase or decrease in rates 
multiplied  by  prior  period  average  balances.    Mix  variances  are  attributable  to  the  change  in  yields  or  rates 
multiplied by the change in average balances.

(in thousands, unaudited)

Interest-earning deposits with banks
Investment securities 1
Loans 1

2023 compared to 2022

2022 compared to 2021

Volume Yield/Rate

Mix

Total

Volume Yield/Rate

Mix

Total

$ 

(906)  $ 

5,135  $ 

(3,307)  $ 

922  $ 

(233)  $ 

2,961  $ 

(1,720)  $ 

1,008 

(849)   

4,523   

(3,286)   

7,966   

(108)   

(276)   

3,566   

18,233   

146   

156   

18,535 

4,404   

826   

1,401   

11   

2,238 

Total interest-earning assets

(5,041)   

17,624   

(3,691)   

8,892   

18,826   

4,508   

(1,553)   

21,781 

Interest-bearing transaction accounts

Savings accounts

Money market accounts

Time accounts, including CDARS

Borrowings and other obligations

Subordinated debenture

(77)   

(22)   

848   

926   

(156)   

(162)   

615   

742   

61   

26   

139   

5   

(77)   

17,906   

(865)   

16,964   

352   

(229)   

116   

3,146   

1,130   

4,392   

8,697   

29   

2,745   

11,471   

—   

— 

—   

54   

16   

—   

19   

25   

(1,361)   

Total interest-bearing liabilities

8,637   

22,855   

2,692   

34,184   

509   

(1,402)   

49   

—   

(54)   

4   

41   

—   

40   

249 

31 

69 

77 

82 

(1,361) 

(853) 

Tax-equivalent net interest income

$  (13,678)  $ 

(5,231)  $ 

(6,383)  $  (25,292)  $  18,317  $ 

5,910  $ 

(1,593)  $  22,634 

1 Yields and interest income on tax-exempt securities and loans are presented on a taxable-equivalent basis using the federal statutory rate of 21%.

2023 Compared to 2022

Net interest income totaled $102.8 million in 2023, compared to $127.5 million in 2022.  The $24.7 million decrease 
from  the  prior  year  was  primarily  due  to  higher  funding  costs  of  $34.2  million,  partially  offset  by  higher  average 
yields on earning assets.

The  tax-equivalent  net  interest  margin  was  2.63%  for  2023,  compared  to  3.11%  for  2022.    The  decrease  was 
primarily attributed to higher deposit and borrowing costs, partially offset by higher yields on loans and investment 
securities.    Average  interest-bearing  deposit  balances  decreased  by  $115.2  million,  while  the  average  rate 
increased by 133 basis points, decreasing the margin by 58 basis points.  Average borrowings and other obligations 
increased  by  $219.3  million,  while  the  average  cost  increased  by  125  basis  points,  decreasing  the  net  interest 
margin by 29 basis points. Average loan balances decreased by $75.5 million, while the average yield increased by 
36 basis points, increasing the margin by 23 basis points. Average investment securities decreased $42.9 million, 
while their average yield increased 25 basis points, improving the margin by 14 basis points.

2022 Compared to 2021

Net interest income totaled $127.5 million in 2022, compared to $105.0 million in 2021.  The $22.5 million increase 
from  the  prior  year  was  primarily  due  to  higher  balances  in  the  investment  and  commercial  real  estate  loan 
portfolios,  which  added  $18.4  million  and  $6.1  million,  respectively,  to  net  interest  income.  Additionally,  2022 
incorporated a full year of net interest income from the acquired earning assets of AMRB, compared to five months 
in  2021.   Average  interest-bearing  liabilities  increased  $376.6  million,  while  the  average  cost  dropped  nine  basis 
points,  largely  due  to  the  extinguishment  of  subordinated  debt  that  generated  $1.4  million  of  interest  expense  in 
2021.

The  tax-equivalent  net  interest  margin  decreased  six  basis  points  to  3.11%  in  2022,  from  3.17%  in  2021,  as  the 
proportion of average investment securities to average total interest-earning assets grew from 26% in 2021 to 44% 
in 2022, and fee income from PPP loans declined. 

Market Interest Rates

Market interest rates are, in part, based on the target federal funds interest rate (the interest rate banks charge each 
other for short-term borrowings) implemented by the Federal Reserve Open Market Committee ("FOMC"). 

32

 
 
 
 
 
 
 
 
 
 
 
In  response  to  the  evolving  risks  to  economic  activity  caused  by  the  COVID-19  pandemic,  the  FOMC  made  two 
emergency federal funds rate cuts totaling 150 basis points in March 2020.  The federal funds rate range remained 
between 0.0% and 0.25% through the beginning of 2022, putting downward pressure on our asset yields and net 
interest margin. Beginning in March 2022, the FOMC began successive increases to the federal funds rate due to 
evolving inflation risks, international political unrest, and oil and other supply chain disruptions.  As a result of seven 
rate adjustments during 2022, the federal funds target rate range increased to between 4.25% and 4.50% at year-
end  2022  and  our  net  interest  margin  increased  gradually  over  the  course  of  the  year.    In  2023,  on  each  of 
February 1st, March 22nd, May 3rd, and July 26th, the FOMC increased the target rate by 25 basis points to a range of 
5.25%  to  5.50%.    Rising  interest  rates  and  first  quarter  disruptions  in  the  banking  industry  resulted  in  rapid 
increases  in  the  cost  of  funds  through  rising  deposit  costs  and  increased  borrowings,  putting  pressure  on  the  net 
interest  margin.    Additional  rate  increases  are  not  widely  anticipated  in  2024,  as  Federal  Reserve  policymakers 
continue  to  monitor  inflation  and  economic  developments  throughout  the  year.    See  ITEM  7A.  Quantitative  and 
Qualitative Disclosure about Market Risk for further information.

Provision for Credit Losses on Loans

Management assesses the adequacy of the allowance for credit losses on loans quarterly based on several factors, 
including  growth  or  contraction  of  the  loan  portfolio,  past  events,  current  conditions,  and  reasonable  and 
supportable forecasts to estimate expected losses over the contractual terms of our loans.  The allowance for credit 
losses  on  loans  is  increased  by  provisions  charged  to  expense  and  loss  recoveries  and  decreased  by  loans 
charged off.

The following table shows the activity for the periods presented.

(dollars in thousands)

Years ended December 31,

2023

2022

2021

Provision for (reversal of) credit losses on loans

$ 

2,575  $ 

(63)  $ 

(1,449) 

The provision in 2023 was due primarily to adjustments to qualitative risk factors from continued uncertainty about 
inflation and recession risks, the potential impact of rapidly increasing interest rates and other external factors on 
both our non-owner-occupied commercial real estate and construction portfolios, loan and collateral concentration 
risks in our construction and commercial real estate portfolios, heightened portfolio management in light of current 
economic conditions, and continued negative trends in adversely graded loans and/or collateral values for our non-
owner occupied commercial real estate office and multi-family real estate portfolios.  The allowance for individually 
evaluated loans increased for a small number of loans that exhibited credit risk characteristics over time that were 
not indicative of pooled loans in the CECL calculation, including collateral valuation issues caused by persistently 
higher than average vacancy rates and estimated credit losses from other adjustments to discounted expected cash 
flows or estimated loss rates.  Other elements of the provision included a $406 thousand loss on the note sale of an 
owner-occupied  agricultural  commercial  real  estate  loan  to  an  unrelated  third  party  that  was  charged  to  the 
allowance  concurrent  with  the  sale  and  a  slight  increase  in  Moody's  Analytics'  Baseline  Forecast  of  California's 
unemployment rate, partially offset by the impact of a $45.0 million overall decrease in loans.

The provision reversal in 2022 was largely due to a $55.4 million decrease in applicable loan balances (excludes 
the  $107.7  million  decrease  in  PPP  loans  for  which  there  was  no  allowance)  and  improvements  in  Moody's 
Analytics'  Baseline  Forecast  of  California  unemployment  rates  since  December  31,  2021,  which  decreased  the 
quantitative  "modeled"  allowance  for  credit  losses.    These  decreases  were  partially  offset  by  adjustments  to 
qualitative risk factors to account for the ongoing deterioration in the economic outlook that management believed 
was not captured in the quantitative portion of the allowance calculation.

The  provision  reversal  in  2021  was  primarily  due  to  continued  improvements  in  Moody's  Analytics'  Baseline 
Forecast of California unemployment rates at the time, and adjustments to qualitative risk factors due to a decline in 
the  volume  of  loans  downgraded  to  substandard  classification,  fewer  delinquencies,  and  the  elimination  of  an 
allowance related to a commercial real estate loan that had been individually analyzed for potential credit losses in 
the previous periods and paid off in 2021.  These reversals were partially offset by an increase in the allowance for 
credit  losses  related  to  qualitative  risk  factor  adjustments  for  recent  changes  in  executive  leadership  and  senior 
lending positions, and integration of loans from the merger with AMRB.

33

Non-interest Income

The table below details the components of non-interest income.

(dollars in thousands; unaudited)

Years ended December 31,

2023

2022

2021

2023 compared to 2022

2022 compared to 2021

Amount 
Increase 
(Decrease)

Percent 
Increase 
(Decrease)

Amount 
Increase 
(Decrease)

Percent 
Increase 
(Decrease)

Wealth management and trust services

$ 

2,145  $ 

2,227  $ 

2,222  $ 

Service charges on deposit accounts

Debit card interchange fees, net

Earnings on bank-owned life insurance, net

Dividends on Federal Home Loan Bank stock

Merchant interchange fees, net

Losses on sale of investment securities, net

2,083   

1,831   

1,802   

1,265   

496   

(5,893)   

2,007   

2,051   

1,229   

1,056   

549   

(63)   

1,593   

1,812   

2,194   

760   

422   

(16)   

(82) 

76 

 (3.7) % $ 

 3.8 %  

(220) 

 (10.7) %  

573 

209 

(53) 

 46.6 %  

 19.8 %  

 (9.7) %  

5 

414 

239 

 0.2 %

 26.0 %

 13.2 %

(965) 

 (44.0) %

296 

127 

 38.9 %

 30.1 %

(5,830) 

 9,254.0 %  

(47) 

 293.8 %

Other income

Total non-interest income

1,260   

1,849   

1,145   

(589) 

 (31.9) %  

$ 

4,989  $  10,905  $  10,132  $ 

(5,916) 

 (54.3) % $ 

704 

773 

 61.5 %

 7.6 %

2023 Compared to 2022

Non-interest income totaled $5.0 million in 2023, a $5.9 million decrease from $10.9 million in 2022. The decrease 
in  2023  was  primarily  due  to  the  $5.9  million  net  loss  on  the  sale  of  investment  securities  mentioned  above.  
Excluding  this  loss,  non-interest  income  decreased  by  $86  thousand,  which  included  a  $504  thousand  decline  in 
deposit network fees earned when deposit balances were brought back on the balance sheet, and a $220 thousand 
decrease  in  debit  card  interchange  income.    Decreases  were  partially  offset  by  $573  thousand  higher  benefit 
payments  from  and  earnings  on  bank-owned  life  insurance,  and  $209  thousand  from  increases  in  dividends  on 
Federal Home Loan Bank stock.

2022 Compared to 2021

Non-interest  income  totaled  $10.9  million  in  2022,  a  $773  thousand  increase  from  $10.1  million  in  2021.  The 
increase  was  primarily  due  to  higher  fees  on  deposit  balances  held  in  off-balance  sheet  deposit  networks, 
contributing $504 thousand in additional income, $414 thousand more service charges on deposit accounts, a $366 
thousand  increase  in  debit  card  and  merchant  interchange  fees,  $296  thousand  higher  FHLB  dividends,  and  a 
combination of smaller increases. Increases were partially offset by a $965 thousand reduction in bank-owned life 
insurance,  as  the  prior  year  included  $1.1  million  in  benefits  collected  on  insurance  policies.  Additionally,  2022 
incorporated a full year of non-interest income from the AMRB acquisition, compared to five months in 2021.

34

 
 
 
 
 
 
 
 
 
Non-interest Expense

The table below details the components of non-interest expense. 

Years ended December 31,

2023

2022

2021

2023 compared to 2022

2022 compared to 2021

Amount 
Increase 
(Decrease)

Percent 
Increase 
(Decrease)

Amount 
Increase 
(Decrease)

Percent 
Increase 
(Decrease)

$  43,448  $  42,046  $  41,939  $ 

1,402 

7,297   

5,139   

4,974   

483 

(592) 

299 

 3.3 % $ 

 6.2 %  

107 

526 

 (12.7) %  

(490) 

 9.1 %  

(1,675) 

8,306   

4,057   

3,598   

2,783   

2,098   

1,878   

1,569   

1,350   

1,212   

717   

48   

1,244   

7,173   

8,417   

7,823   

4,649   

3,299   

258   

1,840   

1,179   

2,197   

1,489   

1,107   

709   

359   

1,070   

7,244   

8,314   

26   

2,525 

 978.7 %  

1,740   

889   

1,550   

1,135   

957   

587   

5   

908   

5,492   

6,400   

258 

699 

(628) 

(139) 

105 

8 

 14.0 %  

 59.3 %  

 (28.6) %  

 (9.3) %  

 9.5 %  

 1.1 %  

(311) 

 (86.6) %  

174 

(71) 

103 

 16.3 %  

 (1.0) %  

 1.2 %  

232 

100 

290 

647 

354 

150 

122 

354 

162 

1,752 

1,914 

2,631 

$  79,481  $  75,269  $  72,638  $ 

4,212 

 5.6 % $ 

 0.3 %

 7.2 %

 (9.5) %

 (33.7) %

 892.3 %

 5.7 %

 32.6 %

 41.7 %

 31.2 %

 15.7 %

 20.8 %

NM

 17.8 %

 31.9 %

 29.9 %

 3.6 %

(dollars in thousands; unaudited)

Salaries and employee benefits

Occupancy and equipment

Data processing

Professional services

Deposit network fees

Depreciation and amortization

Federal Deposit Insurance Corporation insurance

Information technology

Amortization of core deposit intangible

Directors' expense

Charitable contributions

Other real estate owned

Other non-interest expense:

Advertising

Other expense

Total other non-interest expense

Total non-interest expense

NM - not meaningful

2023 Compared to 2022

Non-interest  expenses  increased  $4.2  million  to  $79.5  million  in  2023  from  $75.3  million  in  2022.  Significant 
fluctuations were as follows:

•

•

•

Deposit network fees increased by $2.5 million as customers sought additional FDIC insurance protection 
through reciprocal deposit networks.  

Salaries and employee benefits increased by $1.4 million primarily due to the filling of open positions and 
the hiring of several key employees and officers, an increase in SERP-related expenses largely due to new 
and  retired  participant  adjustments  lowering  costs  for  2022,  an  increase  in  deferred  officer  compensation 
expense  from  increased  participation  and  interest  rates,  higher  insurance  costs,  and  lower  deferred  loan 
origination costs.  Increases to salaries and employee benefits were partially offset by a decrease in profit 
sharing expense mainly from accrual adjustments and because some contributions in 2023 were made from 
forfeitures  rather  than  paid  in  cash,  a  decrease  in  accrued  incentive  bonuses,  and  a  decrease  in  stock-
based compensation from changes in award structure and estimated performance award payout estimates.  

FDIC  insurance  costs  increased  by  $699  thousand  due  to  an  increase  in  the  FDIC  statutory  assessment 
rate to strengthen the Deposit Insurance Fund.  

• Occupancy and equipment and depreciation and amortization expenses rose by $483 thousand and $258 
thousand,  respectively,  mainly  from  the  acceleration  of  lease-related  costs  for  branch  closures  in  the  first 
quarter of 2023 and higher maintenance costs.  

•

•

Professional services expenses increased by $299 thousand, mainly from consulting fees associated with 
core systems contract negotiations, systems transformation projects, and internal and external audit costs.

Information  technology  and  data  processing  expenses  decreased  by  $628  thousand  and  $592  thousand, 
respectively, due to our core system contract renegotiation for the current period and because the prior year 
included  data  processing  expenses  largely  eliminated  after  the  systems  conversion  associated  with  the 
American River Bankshares merger.  

35

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
• Other  real  estate  owned  expenses  decreased  by  $311  thousand  due  to  the  write-down  in  2022  of  the 

property that was then sold in the third quarter of 2023. 

2022 Compared to 2021

Non-interest  expenses  increased  $2.6  million  to  $75.3  million  in  2022  from  $72.6  million  in  2021.  Significant 
fluctuations were as follows:

•

•

Information  technology  expenses  increased  by  $647  thousand  due  to  investments  in  software  and 
equipment during 2022.  

Total  occupancy  expenses,  including  depreciation  and  amortization,  increased  $626  thousand  resulting 
primarily from merger growth and $212 thousand in accelerated costs related to planned branch closures. 

• Other  increases  in  2022  included  core  deposit  intangible  amortization  and  FDIC  insurance,  largely 
attributable to the 2021 AMRB acquisition, a $345 thousand valuation adjustment in other real estate owned 
expense, and a $490 thousand increase in employment recruiting costs included in other expense.

•

•

•

Salaries  and  employee  benefits  expense  remained  relatively  flat  year-over-year.    In  2022,  increases  in 
staffing  and  profit  sharing  expenses,  a  reduction  in  deferred  loan  origination  costs,  and  a  combination  of 
smaller items were largely offset by a decrease in supplemental executive retirement plan expense from an 
adjustment to the discount rate, and a decline in merger-related expenses, as shown in Note 18, Merger, in 
ITEM 8 of this report.

Professional  services  expense  decreased  by  $1.7  million  from  the  prior  year,  primarily  due  to  higher 
merger-related costs and additional consulting expenses associated with PPP loan forgiveness application 
processing in 2021, partially offset by higher audit and accounting fees in 2022.  

Data processing expenses decreased by $490 thousand primarily due to merger-related expenses in 2021, 
partially  offset  by  an  increase  in  processing  costs  in  2022  associated  with  higher  volumes  for  the  larger 
bank.

Provision for Income Taxes

Income  tax  provisions  reflect  accruals  for  taxes  at  the  applicable  rates  for  federal  income  tax  and  California 
franchise tax based upon reported pre-tax income.  Provisions also reflect permanent differences between income 
for  tax  and  financial  reporting  purposes  (such  as  earnings  on  tax  exempt  loans  and  municipal  securities,  bank-
owned life insurance ("BOLI"), low-income housing tax credits, and stock-based compensation from the exercise of 
stock options, disqualifying dispositions of incentive stock options and vesting of restricted stock awards).

The  provision  for  income  taxes  totaled  $6.1  million  at  an  effective  tax  rate  of  23.6%  in  2023,  compared  to  $16.9 
million  at  an  effective  tax  rate  of  26.6%  in  2022  and  $11.7  million  at  an  effective  tax  rate  of  26.0%  in  2021.   The 
decrease in the provision for income taxes in 2023, as compared to 2022, reflected lower pre-tax income.  The 300 
basis  point  decrease  in  the  effective  tax  rate  in  2023,  as  compared  to  2022,  was  primarily  due  to  a  larger 
proportional effect of permanent tax differences on lower pretax income and higher tax-exempt BOLI income.  This 
decrease was partially offset by a reduction in the tax-exempt interest exclusion (due to a larger IRC Section 291(e) 
interest expense disallowance), compared to 2022.  The 60 basis point increase in the effective tax rate in 2022 as 
compared  to  2021  was  primarily  due  to  lower  BOLI  income  and  the  smaller  proportion  of  tax-exempt  loan  and 
investment  securities  interest  income  to  pre-tax  income  in  2022,  partially  offset  by  the  non-deductible  merger 
expenses and executive compensation in 2021. 

We file a consolidated return in the U.S. federal tax jurisdiction and a combined return in the state of California tax 
jurisdiction.    There  were  no  ongoing  federal  or  state  income  tax  examinations  at  the  time  of  the  issuance  of  this 
report.  As of  December 31, 2023 and 2022, neither the Bank nor Bancorp had accruals for interest or penalties 
related to unrecognized tax benefits.

36

FINANCIAL CONDITION

Investment Securities  

We  maintain  an  investment  securities  portfolio  to  provide  liquidity  and  generate  earnings  on  funds  that  have  not 
been loaned to customers.  Management determines the maturities and types of securities to be purchased based 
on liquidity and interest rate risk position, and the desire to attain a reasonable investment yield balanced with risk 
exposure.    The  tables  below  show  the  composition  of  the  debt  securities  portfolio  by  weighted  average  life  at 
December  31,  2023  and  2022.    Weighted  average  life  takes  into  account  the  issuer's  right  to  call  or  prepay 
obligations, with or without call or prepayment penalties.  The weighted  average  life of the  investment portfolio  at 
December  31,  2023  and  2022  was  approximately  6.6  and  6.8  years,  respectively.    The  effective  duration  of  the 
investment portfolio was 5.2 and 5.0 at December 31, 2023 and 2022, respectively.

December 31, 2023

Within 1 Year

1-5 Years

5-10 Years

After 10 Years

Total

(dollars in thousands; 
unaudited)

Amortized
Cost1

Average 
Yield2

Amortized
Cost1

Average 
Yield2

Amortized
Cost1

Average 
Yield2

Amortized
Cost1

Average 
Yield2

Amortized 
Cost1

Fair Value

Average 
Yield2

Held-to-maturity:

MBS/CMOs issued by U.S. 
government agencies

$ 

— 

 — % $  139,418 

 3.41 % $  462,010 

 2.23 % $  83,757 

 2.1 % $  685,185  $  605,934 

 2.45 %

SBA-backed securities

—    — 

1,853    3.17 

—    — 

—    — 

1,853   

1,763    3.17 

Debentures of government-
sponsored agencies

Obligations of state and 
political subdivisions - tax-
exempt3
Obligations of state and 
political subdivisions - 
taxable

Corporate bonds

Total held-to-maturity

Available-for-sale:

MBS/CMOs issued by U.S. 
government agencies

— 

 — 

29,994 

 4.38 

83,345 

 1.83 

32,787 

 1.85 

146,126   

124,132 

 2.36 

—    — 

3,070    3.77 

2,392    3.65 

26,220    2.74 

31,682   

29,820    2.91 

— 

 — 

—    — 

— 

 — 

12,473 

 1.99 

17,879 

 2.36 

30,352   

24,377 

 2.21 

30,000    3.63 

—    — 

—    — 

30,000   

28,804    3.63 

— 

 — 

  204,335 

 3.59 

  560,220 

 2.17 

  160,643 

 2.19 

925,198   

814,830 

 2.48 

677    1.93 

  261,575    2.05 

  116,365    2.24 

13,720    3.05 

392,337   

352,472    2.14 

SBA-backed securities

— 

 — 

21,126 

 2.45 

— 

 — 

— 

 — 

21,126   

19,471 

 2.45 

Debentures of government 
sponsored agencies

U.S. Treasury securities

Obligations of state and 
political subdivisions - tax-
exempt3
Obligations of state and 
political subdivisions - 
taxable

—    — 

— 

 — 

64,929    1.22 

8,970    1.36 

11,923 

 1.00 

— 

 — 

—    — 

— 

 — 

73,899   

66,862    1.23 

11,923   

10,623 

 1.00 

—    — 

5,142    1.59 

14,602    2.04 

69,382    2.68 

89,126   

80,720    2.51 

100 

 3.14 

3,005 

 1.31 

8,956 

 1.74 

1,015 

 1.98 

13,076   

11,162 

 1.67 

Corporate bonds

—    — 

11,992    1.19 

 — 

— 

 — 

—    — 

— 

 — 

—    — 

— 

 — 

11,992   

10,718    1.19 

—   

— 

 — 

Asset-backed securities

Total available-for-sale

Total

$ 

— 

777 

777 

 2.08 

  379,692 

 1.86 

  148,893 

 2.13 

84,117 

 2.73 

613,479   

552,028 

 2.04 

 2.08 % $  584,027 

 2.46 % $  709,113 

 2.16 % $  244,760 

 2.37 % $  1,538,677  $  1,366,858 

 2.31 %

37

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Held-to-maturity:

MBS/CMOs issued by U.S. 
government agencies

SBA-backed securities

Debentures of government-
sponsored agencies

Obligations of state and 
political subdivisions - tax-
exempt3
Obligations of state and 
political subdivisions - 
taxable

Corporate bonds

Available-for-sale:

MBS/CMOs issued by U.S. 
government agencies
SBA-backed securities

Debentures of government 
sponsored agencies

U.S. Treasury securities

Obligations of state and 
political subdivisions - tax-
exempt3
Obligations of state and 
political subdivisions - 
taxable

Corporate bonds

Asset-backed securities

December 31, 2022

Within 1 Year

1-5 Years

5-10 Years

After 10 Years

Total

(dollars in thousands; 
unaudited)

Amortized
Cost1

Average 
Yield2

Amortized
Cost1

Average 
Yield2

Amortized
Cost1

Average 
Yield2

Amortized
Cost1

Average 
Yield2

Amortized 
Cost1

Fair Value

Average 
Yield2

$ 

463 

 0.63 % $  152,817 

 3.36 % $  419,822 

 2.20 % $  158,410 

 2.28 % $  731,512  $  643,437 

 2.46 %

— 

— 

 — 

 — 

2,372 

 3.17 

— 

 — 

— 

 — 

2,372   

2,239 

 3.17 

24,993 

 4.26 

47,017 

 2.06 

73,813 

 1.91 

145,823   

119,356 

 2.36 

— 

 — 

— 

 — 

5,515 

 3.72 

26,600 

 2.74 

32,115   

28,846 

 2.90 

Total held-to-maturity

463 

 0.63 

  210,182 

— 

— 

 — 

 — 

— 

30,000 

 — 

 3.63 

 3.50 

4,708 

 1.84 

25,677 

 2.28 

— 

 — 

— 

 — 

30,385   

30,000   

22,913 

28,448 

  477,062 

 2.20 

  284,500 

 2.22 

972,207   

845,239 

 2.21 

 3.63 

 2.49 

2,305 
65 

 2.02 
 1.01 

  317,528 
47,166 

 2.13 
 2.66 

  198,809 
— 

 2.43 
 — 

9,823 
493 

 2.55 
 5.03 

528,465   
47,724   

475,505 
44,355 

 2.25 
 2.68 

— 

— 

 — 

 — 

  140,145 

 1.29 

— 

 — 

6,977 

11,904 

 1.35 

 1.00 

1,992 

 1.39 

149,114   

135,106 

— 

 — 

11,904   

10,269 

 1.29 

 1.00 

— 

 — 

9,711 

 2.09 

11,721 

 2.86 

81,922 

 2.67 

103,354   

91,138 

 2.64 

Total available-for-sale

2,570 

 2.09 

  547,358 

 1.89 

  247,429 

200 

 3.16 

— 

— 

 — 

 — 

1,808 

31,000 

— 

 1.65 

 1.03 

 — 

10,475 

5,990 

1,553 

 1.67 

 1.23 

 5.04 

 2.30 

1,018 

 1.98 

— 

— 

 — 

 — 

13,501   

36,990   

1,553   

10,985 

33,276 

1,462 

95,248 

 2.64 

892,605   

802,096 

 1.71 

 1.05 

 5.04 

 2.09 

Total

$ 

3,033 

 1.87 % $  757,540 

 2.34 % $  724,491 

 2.24 % $  379,748 

 2.33 % $  1,864,812  $  1,647,335 

 2.30 %

1 Book value reflects cost, adjusted for accumulated amortization and accretion.
2 Weighted average calculation is based on amortized cost of securities.
3 Yields on tax-exempt municipal bonds are presented on a taxable equivalent basis, using a federal tax rate of 21%.

The amortized cost of our investment securities portfolio decreased by $326.1 million, or 17.5%, in 2023.  In 2023, 
we  sold  $214.5  million  in  available-for-sale  securities  with  an  average  yield  of  2.35%,  as  part  of  a  balance  sheet 
restructuring,  including  $75.2  million  in  debentures  of  government  sponsored  agencies,  $69.6  million  in  agency 
collateralized  mortgage  obligations  ("CMOs"),  $25.0  million  in  corporate  bonds,  $15.4  million  in  SBA-backed 
securities,  $14.6  million  in  agency  mortgage-backed  securities  ("MBSs"),  $13.2  million  in  obligations  of  state  and 
political subdivisions, and $1.4 million in asset-backed securities.  Offset by a $2.8 million pre-tax gain from the sale 
of our remaining holdings of Visa Inc. Class B restricted common stock, these sales of available-for-sale securities 
generated a net pre-tax loss of $5.9 million.  

In  2022,  we  transferred  $357.5  million  of  available-for-sale  securities  to  held-to-maturity.    Refer  to  Note  2, 
Investment Securities, to the Consolidated Financial Statements in ITEM 8 of this report for further information.

We consider agency debentures and CMOs issued by U.S. government sponsored entities to have low credit risk as 
they  carry  the  credit  support  of  the  U.S.  federal  government.    The  debentures,  CMOs  and  MBS  issued  by  U.S. 
government  sponsored  agencies,  SBA-backed  securities  and  U.S.  Treasury  securities  made  up  86.6%  of  the 
portfolio as of December 31, 2023, compared to 86.7% at December 31, 2022.  See the discussion in the section 
captioned “Securities May Lose Value Due to Credit Quality of the Issuers” in ITEM 1A Risk Factors above.

38

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
At December 31, 2023 and 2022, distribution of our investment in obligations of state and political subdivisions was 
as follows: 

(dollars in thousands; unaudited)

Within California:

General obligation bonds

Revenue bonds

Tax allocation bonds

Total within California

Outside California:

General obligation bonds

Revenue bonds

Total outside California

December 31, 2023

December 31, 2022

Amortized 
Cost

Fair Value

Percent of 
State and 
Municipal 
Securities

Amortized 
Cost

Fair Value

Percent of 
State and 
Municipal 
Securities

$ 

24,191  $ 

20,009 

 14.7 % $ 

25,806  $ 

20,768 

 14.4 %

3,507   

2,917 

 2.1 

3,719   

—   

2,987 

— 

27,698   

22,926 

 16.8 

29,525   

23,755 

108,846   

27,692   

98,139 

25,014 

136,538   

123,153 

 66.3 

 16.9 

 83.2 

121,908   

106,375 

27,922   

23,752 

149,830   

130,127 

 2.1 

 — 

 16.5 

 68.0 

 15.5 

 83.5 

Total obligations of state and political subdivisions $ 

164,236  $ 

146,079 

 100.0 % $ 

179,355  $ 

153,882 

 100.0 %

Percent of investment portfolio

10.7%

10.7%

9.6%

9.3%

The portion of the portfolio outside the state of California is distributed among twelve states.  Of the total investment 
in obligations of state and political subdivisions, the largest concentrations outside California are in Texas (37.1%), 
Washington (15.4%), and Wisconsin (9.0%).  Our investments in obligations issued by municipal issuers in Texas 
are either guaranteed by the AAA-rated Texas Permanent School Fund ("PSF"), rated AAA without enhancement, or 
backed by revenue sources from essential services (such as utilities and transportation). 

Investments  in  states,  municipalities  and  political  subdivisions  are  subject  to  an  initial  pre-purchase  credit 
assessment and ongoing monitoring.  Key considerations include:

The soundness of a municipality’s budgetary position and the stability of its tax revenues

Debt profile and level of unfunded liabilities, diversity of revenue sources, taxing authority of the issuer

Local  demographics  and  economics  including  unemployment  data,  the  largest  local  taxpayers  and 
employers, income indices, and home values

For revenue bonds, the source and strength of revenue for municipal authorities, including obligors' financial 
condition and reserve levels, annual debt service and debt coverage ratio, and credit enhancement (such as 
insurers' strength)

Credit ratings by major credit rating agencies

•

•

•

•

•

Loans

Loans Outstanding by Class and Percent of Total

(in thousands; unaudited)

Commercial and industrial

Real estate

  Commercial owner-occupied

  Commercial non-owner occupied

  Construction

  Home equity

  Other residential

Installment and other consumer

Total loans, at amortized cost

Allowance for credit losses on loans

Total loans, net of allowance for credit losses

December 31, 2023

December 31, 2022

Amortized Cost

$ 

153,750 

Percent of 
Total

Amortized Cost

 7.4 % $ 

173,547 

Percent of 
Total

 8.3 %

333,181 

1,219,385 

99,164 

82,087 

118,508 

67,645 

 16.1 

 58.8 

 4.8 

 4.0 

 5.7 

 3.2 

354,877 

1,191,889 

114,373 

88,748 

112,123 

56,989 

 17.0 

 56.9 

 5.5 

 4.2 

 5.4 

 2.7 

2,073,720 

 100.0 %  

2,092,546 

 100.0 %

(25,172) 

$ 

2,048,548 

(22,983) 

$ 

2,069,563 

39

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Loans decreased by $18.8 million in 2023, or 1%, to $2.074 billion as of December 31, 2023, from $2.093 billion as 
of December 31, 2022.  Loan originations were $144.1 million in 2023, compared to $240.2 million in 2022.  Non-
PPP payoffs were $107.3 million in 2023, compared to $258.5 million in 2022. PPP loan payoffs during 2023 and 
2022  were $2.5 million and $107.7 million, respectively.  The  majority of  the  payoffs  were a result of asset  sales, 
cash  payoffs,  project  completions,  and  purposeful  relationship  exits,  all  of  which  showcased  the  Bank's  focus  on 
credit  quality  and  proactive  engagement  with  customers.  It  should  be  noted  that  only  a  minimal  amount  was 
refinanced.  In addition, $53.1 million of loan amortization from scheduled repayments, net of credit line utilization, 
contributed  to  the  decline  in  loan  balances  for  2023.    The  originations  and  payoffs  noted  above,  combined  with 
utilization on lines of credit and amortization on existing loans, resulted in a net decrease for this period.  

Non-PPP  payoffs  as  a  percentage  of  beginning-of-year  loan  balances  were  5.1%  in  2023  and  11.5%  in  2022.  
Approximately  90%,  of  total  loans  were  secured  by  real  estate  as  of  both  December  31,  2023  and  2022.    For 
additional information on loan concentration risk, see ITEM 1A, Risk Factors.

The following table summarizes our commercial real estate loan concentrations by the county in which the property 
was located as of December 31, 2023 and 2022.

Commercial Real Estate Loans Outstanding by County

(dollars in thousands; unaudited)

December 31, 2023

December 31, 2022

County

Marin

Sonoma

San Francisco

Napa

Alameda

Sacramento

Contra Costa

Placer

Solano

San Mateo

Santa Clara

San Joaquin

El Dorado

Other

Total

$ 

Amount

317,862 

256,516 

186,803 

178,685 

156,934 

125,483 

72,580 

40,733 

39,247 

35,420 

24,086 

15,261 

11,257 

91,699 

Percent of 
Commercial Real 
Estate Loans

 20.5 % $ 

 16.5 

 12.0 

 11.5 

 10.1 

 8.1 

 4.7 

 2.6 

 2.5 

 2.3 

 1.6 

 1.0 

 0.7 

 5.9 

$ 

1,552,566 

 100.0 % $ 

Amount

339,805 

245,883 

173,511 

186,477 

163,381 

120,146 

67,356 

28,928 

32,235 

37,681 

21,091 

15,585 

12,822 

101,865 

1,546,766 

Percent of 
Commercial Real 
Estate Loans

 22.0 %

 15.9 

 11.2 

 12.1 

 10.6 

 7.8 

 4.4 

 1.9 

 2.1 

 2.4 

 1.4 

 1.0 

 0.8 

 6.4 

 100.0 %

Commercial real estate loans increased by $5.8 million in 2023, compared to a $34.6 million decrease in 2022.  The 
increase in 2023 was comprised of the $27.5 million increase within the non-owner occupied loan portfolio, partially 
offset by the $21.7 million decrease within the owner-occupied loan portfolio.  The decrease in 2022 was primarily 
due to cash paydowns as part of ongoing deleveraging, refinancing, and asset sales.  Of the commercial real estate 
loans as of December 31, 2023, 79% were non-owner occupied and 21% were owner-occupied.  Almost the entire 
commercial real estate loan portfolio is comprised of term loans for which the primary source of repayment is either 
the cash flow from leasing activities of the real estate collateral or the operating cash flow of the owner occupant.

With the heightened market concern about non-owner-occupied commercial real estate, and in particular the office 
sector,  we  are  providing  the  following  additional  information:    We  continue  to  maintain  diversity  among  property 
types and within our geographic footprint. In particular, our office commercial real estate portfolio in the City of San 
Francisco  represents  just  3%  of  our  total  loan  portfolio  and  6%  of  our  total  non-owner-occupied  commercial  real 
estate  portfolio.    As  of  the  last  measurement  period,  the  weighted  average  loan-to-value  and  weighted  average 
debt-service  coverage  ratios  for  the  entire  non-owner-occupied  office  portfolio  were  59%  and  1.60x,  respectively. 
For the thirteen non-owner-occupied office loans in the City of San Francisco, the weighted average loan-to-value 
and  debt-service  coverage  ratios  were  67%  and  1.00x,  respectively.   As  of  December  31,  2023,  we  conducted  a 
review of the refinance risk in our non-owner-occupied commercial real estate portfolio and evaluated 70 loans with 
commitments of $1.0 million or more, totaling $184.1 million, that mature or reprice in 2024 and 2025.  As a result of 
our assessment, we determined that the refinance risk on these loans is manageable, with weighted average debt 

40

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
service  coverage  ratios  ranging  from  1.52  to  1.69  times  for  maturities  and  from  1.20  to  1.59  times  for  repricings 
based  on  current  market  interest  rates.    As  such,  we  believe  the  non-owner-occupied  commercial  real  estate 
portfolio is well-positioned to absorb a higher rate environment at the loans' repricing or maturity dates.

The following table shows an analysis of construction loans by type and county as of December 31, 2023 and 2022.

Construction Loans Outstanding by Type and County

(dollars in thousands; unaudited)

December 31, 2023

December 31, 2022

Loan Type                                            

Apartments and multifamily

Commercial real estate

1-4 Single family residential

Land - unimproved

Total

(dollars in thousands; unaudited)

County                                         

San Francisco

Alameda

Solano

San Mateo

Marin

Other

Total

$ 

$ 

$ 

Percent of 
Construction 
Loans

 45.8 % $ 

 26.3 

 26.9 

 1.0 

Percent of 
Construction 
Loans

 52.7 %

 29.5 

 16.8 

 1.0 

Amount

60,347 

33,746 

19,171 

1,109 

 100.0 % $ 

114,373 

 100.0 %

Amount

45,390 

26,042 

26,666 

1,066 

99,164 

December 31, 2023

December 31, 2022

Percent of 
Construction 
Loans

 43.7 % $ 

 33.1 

 11.5 

 4.9 

 4.6 

 2.2 

Amount

43,341 

32,808 

11,372 

4,851 

4,542 

2,250 

$ 

99,164 

 100.0 % $ 

Percent of 
Construction 
Loans

 39.6 %

 17.6 

 16.5 

 3.9 

 6.8 

 15.6 

 100.0 %

Amount

45,271 

20,163 

18,873 

4,409 

7,784 

17,873 

114,373 

Construction  loans  decreased  by  $15.2  million  in  2023,  compared  to  a  decrease  of  $5.5  million  in  2022.    The 
decrease in 2023 was primarily due to $22.2 million in payoffs and $16.9 million in conversions to commercial real 
estate financing. These decreases were partially offset by $24.5 million in advances on existing construction loans.  
The decrease in 2022 was primarily due to $46.6 million in payoffs and $3.6 million in conversions to commercial 
real  estate  financing.    These  decreases  were  partially  offset  by  $37.5  million  advanced  on  existing  construction 
loans and $7.2 million in new financing.  Undisbursed construction loan commitments at December 31, 2023 and 
2022 were $13.9 million and $43.2 million, respectively.

The  following  table  presents  the  amortized  costs  and  maturity  distribution  of  our  loans  by  portfolio  class  as  of 
December  31,  2023  based  on  their  contractual  maturity  dates.    Maturities  do  not  include  scheduled  payments  or 
potential prepayments.

Loan Maturity Distribution

(in thousands; unaudited)

Commercial and industrial 

Real estate

Commercial owner-occupied

Commercial non-owner occupied
Construction 1
Home equity

Other residential

Installment and other consumer loans

Due within 1 
year

Due after 1 
through 5 years

Due after 5 through 
15 years

Due after 15 
years

Total

$ 

68,410  $ 

36,326  $ 

46,095  $ 

2,919  $ 

153,750 

12,224   

65,360   

69,652   

3,818   

1,283   

1,078   

92,743   

437,117   

—   

20,856   

128   

9,393   

221,009   

699,118   

29,512   

56,086   

1,684   

56,984   

7,205   

17,790   

—   

1,327   

115,413   

190   

333,181 

1,219,385 

99,164 

82,087 

118,508 

67,645 

Total

$ 

221,825  $ 

596,563  $ 

1,110,488  $ 

144,844  $ 

2,073,720 

1 Construction loans that mature after 5 years are structured to convert to permanent financing after the initial construction period.

41

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The following table shows the mix of variable-rate loans and fixed-rate loans due after one year by portfolio class as 
of December 31, 2023.  The large majority of variable-rate loans are tied to independent indices, such as the Prime 
Rate or a Treasury Constant Maturity Rate.  Most loans with original terms of more than five years have provisions 
for the fixed rates to reset, or convert to variable rates, after three, five or seven years.  These loans are included in 
the variable-rate balances below.  

Loan Interest Rate Sensitivity - Due After One Year

(in thousands; unaudited)

Commercial and industrial

Real estate

Commercial owner-occupied

Commercial non-owner occupied

Construction

Home equity

Other residential

Installment and other consumer loans

Total

Allowance for Credit Losses on Loans

$ 

Fixed

72,591  $ 

Variable

12,749  $ 

183,633   

727,415   

29,512   

640   

1,327   

51,380   

137,324   

426,610   

—   

77,629   

115,898   

15,187   

Total

85,340 

320,957 

1,154,025 

29,512 

78,269 

117,225 

66,567 

$ 

1,066,498  $ 

785,397  $ 

1,851,895 

The allowance for credit losses on loans is calculated in accordance with ASC 326 based on management's best 
estimate  of  current  expected  credit  losses  over  the  loans'  contractual  terms,  adjusted  for  estimated  prepayments 
where  applicable.    The  contractual  terms  exclude  anticipated  extensions,  renewals  and  modifications.    Relevant 
available information includes historical credit loss experience, current conditions and reasonable and supportable 
forecasts.    While  historical  credit  loss  experience  provides  the  basis  for  the  estimation  of  expected  credit  losses, 
adjustments  to  historical  loss  information  may  be  made  for  differences  in  current  portfolio-specific  risk 
characteristics,  environmental  conditions  or  other  relevant  factors.    All  specifically  identifiable  and  quantifiable 
losses  are  charged  off  against  the  allowance.    The  ultimate  adequacy  of  the  allowance  depends  on  a  variety  of 
complex factors, some of which may be beyond management's control, such as volatility in the real estate market, 
changes  in  interest  rates  and  economic  and  political  environments.    Based  on  the  current  conditions  of  the  loan 
portfolio and reasonable and supportable forecasts, management believes that the $25.2 million allowance for credit 
losses at December 31, 2023 was adequate to absorb expected credit losses in our loan portfolio.  For additional 
information  on  our  allowance  for  credit  losses  methodology,  refer  to  Notes  1  and  3  to  the  Consolidated  Financial 
Statements in ITEM 8 of this report.

The  ratio  of  the  allowance  for  credit  losses  to  total  loans  was  1.21%  at  December  31,  2023  and  1.10%  at 
December 31, 2022.  

The  $2.2  million  increase  in  the  allowance  for  credit  losses  on  loans  in  2023  was  largely  due  to  adjustments  to 
qualitative risk factors from continued uncertainty about inflation and recession risks, the potential impact of rapidly 
increasing  interest  rates  and  other  external  factors,  loan  and  collateral  concentration  risk,  heightened  portfolio 
management in light of current economic conditions, and continued negative trends in adversely graded loans and/
or  collateral  values.    The  allowance  for  individually  evaluated  loans  increased  for  a  small  number  of  loans  that 
exhibited credit risk characteristics over time that were not indicative of pooled loans in the CECL calculation. Other 
elements of the increased allowance included a $406 thousand loss on the note sale of a loan that was charged to 
the  allowance  concurrent  with  the  sale,  contributing  to  the  $386  thousand  in  net  charge-offs  and  the  impact  of  a 
slight  increase  in  Moody's  Analytics'  Baseline  Forecast  of  California's  unemployment  rate,  partially  offset  by  the 
effect of a $45.0 million overall decrease in loans.  For further information, refer to the Provision for Credit Losses 
section above, and Notes 1 and 3 to the Consolidated Financial Statements in ITEM 8 of this report.  

The following table presents the allowance for credit losses on loans by loan portfolio class in accordance with the 
methodology described in Note 1 to the Consolidated Financial Statements in ITEM 8 of this report, as well as the 
percentage of total loans in each of the same loan portfolio classes as of December 31, 2023 and 2022.

42

 
 
 
 
 
 
Allocation of the Allowance for Credit Losses

Commercial 
and 
industrial

Commercial 
real estate, 
owner-
occupied

Commercial 
real estate, 
non-owner 
occupied

Construction

Home 
equity

Other 
residential

Installment 
and other 
consumer Unallocated

Total

(dollars in thousands; unaudited)

December 31, 2023

Modeled expected credit losses

$ 

Qualitative adjustments

Specific allocations

897 

622 

193 

$  1,270 

$  7,380 

$ 

185 

$  482 

$  619 

$  634 

$ 

—  $ 11,467 

1,205 

1 

6,327 

1,226 

1,647 

70 

— 

  — 

33 

1 

342 

— 

2,038    12,284 

—   

1,421 

Total

$  1,712 

$  2,476 

$  14,933 

$  1,832 

$  552 

$  653 

$  976 

$ 

2,038  $ 25,172 

Loans as a percent of total loans

 7.4 %

 16.1 %

 58.8 %

 4.8 %

 4.0 %

 5.7 %

 3.2 %

N/A

 100.0 %

December 31, 2022

Modeled expected credit losses

$  1,079 

$  1,497 

$  7,937 

$ 

453 

$  504 

$  571 

$  610 

$ 

—  $ 12,651 

Qualitative adjustments

Specific allocations

706 

9 

990 

— 

4,739 

— 

1,484 

54 

24 

— 

  — 

  — 

258 

— 

2,068    10,323 

—   

9 

Total

$  1,794 

$  2,487 

$  12,676 

$  1,937 

$  558 

$  595 

$  868 

$ 

2,068  $ 22,983 

Loans as a percent of total loans

 8.3 %

 17.0 %

 56.9 %

 5.5 %

 4.2 %

 5.4 %

 2.7 %

N/A

 100.0 %

The table below shows the activity in the allowance for credit losses for each of the three years presented below. 

Allowance for Credit Losses on Loans Rollforward

(dollars in thousands; unaudited)
Beginning balance
Provision for (reversal of) credit losses
Initial allowance for PCD loans
Loans charged-off:

Commercial and industrial
Real estate:

Commercial real estate, owner-occupied

Installment and other consumer

Total loans charged-off
Loans recovered:

Commercial and industrial
Real estate:

Construction
Home equity

Installment and other consumer

Total loans recovered
Net loans (charged-off) recovered
Ending balance
Total loans, at amortized cost
Average total loans outstanding during year
Ratio of allowance for credit losses to total loans at end of year
Net charge-offs (recoveries) to average loans

NM - Not meaningful.

$ 

2023
22,983 
2,575 
— 

2022
$  23,023 
(63) 
— 

2021
$  22,874 
(1,449) 
1,505 

(11) 

(406) 
(24) 
(441) 

29 

(9) 

— 
(23) 
(32) 

22 

— 

— 
(5) 
(5) 

14 

25 
— 
1 
55 
(386) 
$ 
25,172 
$ 2,073,720 
$ 2,099,719 

33 
— 
— 
55 
23 
$  22,983 
$ 2,092,546 
$ 2,175,259 

34 
50 
— 
98 
93 
$  23,023 
$ 2,255,645 
$ 2,155,982 

 1.21 %
 0.02 %

 1.10 %
NM

 1.02 %
NM

43

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The following table shows non-performing assets as of December 31, 2023 and 2022.

Non-Performing Assets

(dollars in thousands; unaudited)
Non-accrual loans:

Commercial and industrial
Real estate:

Commercial, owner-occupied
Commercial, non-owner occupied
Home equity

Installment and other consumer
Total non-accrual loans

Other real estate owned
Total non-performing assets

Criticized and classified loans:

Special mention
Substandard
Doubtful

Allowance for credit losses to non-accrual loans
Non-accrual loans to total loans

Non-performing assets to total assets

Non-Accrual Loans

December 31, 2023 December 31, 2022

$ 

4,008 

$ 

— 

$ 
$ 
$ 

$ 
$ 
$ 

434 
3,081 
469 
— 
7,992 
— 
7,992 

135,171 
32,324 
— 
3.15x
 0.39 %

 0.21 %

$ 
$ 
$ 

$ 
$ 
$ 

1,563 
— 
778 
91 
2,432 
455 
2,887 

60,207 
28,010 
99 
9.45x
 0.12 %

 0.07 %

Non-accrual  loans  increased  by  $5.6  million  in  2023,  primarily  due  to  $7.6  million  in  loans  designated  as  non-
accrual  in  2023  comprised  mostly  of  commercial  and  industrial  and  non-owner  occupied  commercial  real  estate 
loans.    These  increases  were  partially  offset  by  the  payoff  of  two  owner-occupied  commercial  real  estate  loans 
totaling  $1.3  million  and  four  home  equity  loans  totaling  $421  thousand,  the  upgrade  of  a  $223  thousand  home 
equity  loan  and  a  $91  thousand  personal  loan  to  accrual  status,  as  a  result  of  improved  financial  condition  and 
performance, and $83 thousand in paydowns.  Over 66% of the non-accrual loans as of December 31, 2023 were 
well-secured by either commercial or residential real estate.

Non-accrual loans decreased by $5.9 million in 2022, primarily due to the payoff of two owner-occupied commercial 
real estate loans totaling $7.1 million and paydowns and the upgrade of a $695 thousand loan to accrual status as a 
result of improved financial condition and performance, partially offset by $2.0 million in loans designated as non-
accrual  in  2022.  Over  96%  of  the  non-accrual  loans  as  of  December  31,  2022  were  well-secured  by  either 
commercial or residential real estate.

Criticized and Classified Loans

Loans designated as special mention, which are not considered adversely classified, increased by $75.0 million in 
2023,  primarily  due  to  downgrades  from  the  watch  category  to  special  mention.   The  majority  of  the  downgrades 
from watch to special mention were not necessarily due to worsening conditions or deterioration in the borrowers' 
financial condition but to a lack of meaningful improvement over the most recent quarters.  Of the $92.5 million in 
downgrades to special mention in 2023, $83.2 million (or 90%) were collateralized by real estate.  These increases 
were  partially  offset  by  $7.7  million  in  paydowns  and  payoffs,  $6.0  million  in  downgrades  from  special  mention  to 
substandard, and $3.8 million in upgrades to a pass risk rating.  

Loans designated as special mention decreased by $13.1 million in 2022, primarily due to $30.2 million in upgrades 
to a pass risk rating, $7.7 million in paydowns and payoffs, and $3.6 million in downgrades from special mention to 
substandard.  These decreases were partially offset by $27.8 million in downgrades from pass to special mention 
and  $695  thousand  in  upgrades  from  substandard  to  special  mention  during  2022.    Of  the  $27.8  million  in 
downgrades  to  special  mention,  $22.5  million  (or  81%)  was  well-secured  by  commercial  real  estate,  and  the 
remaining $5.3 million commercial loans had strong support.

Loans  classified  as  substandard  increased  by  $4.2  million  in  2023,  primarily  due  to  downgrades  from  special 
mention  totaling  $6.0  million  and  from  pass  totaling  $3.7  million,  partially  offset  by  $4.5  million  in  paydowns  and 

44

 
 
 
 
 
 
 
 
payoffs and $939 thousand in upgrades to pass.  Of the downgraded loans, $7.0 million (or 72%) was secured by 
commercial real estate, and the remaining $2.7 million was to commercial borrowers.

Loans classified as substandard decreased by $8.1 million in 2022, primarily due to $16.1 million in paydowns and 
payoffs  and  $871  thousand  in  upgrades  to  special  mention  or  pass,  partially  offset  by  downgrades  totaling  $8.8 
million.  Of the downgraded loans, $4.7 million (or 53%) was secured by commercial real estate, and $3.6 million (or 
41%) was to commercial borrowers.  In addition, of the $16.1 million in paydowns and payoffs, $2.7 million was from 
loans downgraded in 2022.

Refer to Note 3 to the Consolidated Financial Statements in ITEM 8 of this report for an allocation of criticized and 
classified loans by loan portfolio class.

Other Assets 

BOLI totaled $68.1 million as of December 31, 2023, compared to $67.1 million at December 31, 2022.  The $1.0 
million increase was primarily due to earnings from the BOLI policies.

Interest  receivable  and  other  assets  totaled  $74.9  million  and  $79.8  million  at  December  31,  2023  and  2022, 
respectively.  The $4.9 million decrease was primarily due to an $8.8 million decrease in net deferred tax assets, as 
discussed below.

Net  deferred  tax  assets  totaled  $35.1  million  and  $43.9  million  at  December  31,  2023  and  2022,  respectively.  
Deferred tax assets consist primarily of tax benefits expected to be realized in future periods related to temporary 
differences such as allowances for credit losses and unfunded loan commitments, net operating loss carryforwards, 
and  deferred  compensation  and  salary  continuation  obligations.   The  $8.8  million  decrease  in  2023  was  primarily 
due to an $8.5 million decrease in deferred tax assets related to changes in unrealized losses on available-for-sale 
investment securities and an $803 thousand decrease in deferred tax assets related to state franchise tax.  These 
decreases  in  net  deferred  tax  assets  were  partially  offset  by  a  $399  thousand  decrease  in  deferred  tax  liabilities 
related  to  core  deposit  intangibles.    Management  believes  deferred  tax  assets  will  be  realizable  due  to  our 
expectation  that  earnings  will  continue  to  be  at  a  level  adequate  to  realize  such  tax  benefits.    Therefore,  no 
valuation allowance was established as of December 31, 2023 or 2022.  For additional information, refer to Note 11 
to the Consolidated Financial Statements in ITEM 8 of this report. 

We  held  $16.7  million  of  FHLB  stock  recorded  at  cost  in  other  assets  at  both  December  31,  2023  and  2022.  We 
received $1.3 million, $1.0 million and $760 thousand in cash dividends in 2023, 2022 and 2021, respectively.  For 
additional information, refer to Note 2 to the Consolidated Financial Statements in ITEM 8 of this report.

Deposits

Deposits  decreased  by  $283.3  million,  to  $3.290  billion  at  December  31,  2023,  compared  to  $3.573  billion  at 
December  31,  2022.    Non-interest  bearing  deposits  declined  to  43.8%  of  total  deposits  at  December  31,  2023, 
compared to 51.5% at December 31, 2022. 

While we saw a decline in deposits overall in 2023, deposits were up $39.5 million since the events that led to the 
failure  of  a  few  regional  banks  at  the  end  of  the  first  quarter  of  2023,  and  we  continue  to  execute  our  business 
model without the utilization of brokered deposits.  In addition to the deposit run-off we experienced as a result of 
these bank failures, general market disruptions, and the FOMC's monetary policy of rapid interest rate increases, 
much  of  the  decline,  particularly  in  the  fourth  quarter,  was  due  to  a  combination  of  outflows  related  to  planned 
business  activities.   Additionally,  some  balance  declines  were  associated  with  loan  relationships  exited  during  the 
year,  and  we  saw  some  customers  move  cash  into  alternative  investments  to  capture  higher  returns,  a  portion  of 
which was directed to our own wealth management group.  Given the nature of our customer base, our customers' 
daily operating balances can fluctuate significantly, which is a primary reason we maintain high levels of on-balance 
sheet and contingent liquidity. 

Although we experienced growth and movement in both money market accounts and time deposits, all activity was 
a  result  of  relationship  pricing,  the  current  rate  environment,  and  customer  behaviors,  as  opposed  to  offering  CD 
specials  or  making  blanket  rate  adjustments.    We  continued  our  disciplined  and  focused  approach  to  relationship 
management and customer outreach, adding over 5,000 new accounts in 2023. 

45

As of December 31, 2023, 59% of deposit balances were held in business accounts, with average balances of $120 
thousand per account.  The remaining 41% were consumer accounts, with average balances of $41 thousand per 
account.  The  largest  depositor  represented  1.7%  of  total  deposits,  and  the  combined  four  largest  depositors 
represented 4.6% of total deposits.  

Balances in the reciprocal deposit network program increased by $250.0 million during 2023 to $424.0 million as of 
December  31,  2023.    Costs  associated  with  network  deposits  are  recorded  as  non-interest  expense  and  totaled 
$2.8  million,  $258  thousand,  and  $26  thousand  for  the  years  ended  December  31,  2023,  2022  and  2021, 
respectively.

Estimated uninsured and/or uncollateralized deposits decreased to 28% of total deposits as of December 31, 2023, 
compared  to  39%  as  of  December  31,  2022,  due  primarily  to  our  customers'  increased  usage  of  the  reciprocal 
deposit network program, as noted above.  

Our liquidity policies require that compensating cash balances be held against concentrations over a certain level.  
See ITEM 1A, Risk Factors, for a discussion of potential risks associated with concentrations and volatility due to 
the activity of our large deposit customers.  

Distribution of Average Deposits

The table below shows the relative composition of our average deposits for 2023 and 2022.  For average rates paid 
on  deposits,  refer  to  the Average  Statements  of  Condition  and Analysis  of  Net  Interest  Income  table  in  ITEM  7- 
Management's Discussion and Analysis of Financial Condition and Results of Operations.

(in thousands; unaudited)

Non-interest bearing 

Interest-bearing transaction

Savings
Money market 1
Time deposits, including CDARS

Total average deposits

For the year ended December 31,

2023

     Average 
Amount

Percent of 
Total

2022

Average 
Amount

$ 

1,656,047 

 49.0 % $ 

1,993,373 

240,524 

281,611 

1,013,620 

191,056 

 7.1 

 8.3 

 30.0 

 5.6 

294,682 

341,710 

1,065,104 

140,547 

Percent of 
Total

 52.0 %

 7.7 

 8.9 

 27.8 

 3.6 

$ 

3,382,858 

 100.0 % $ 

3,835,416 

 100.0 %

 1 Money market balances include Insured Cash Sweep® ("ICS") in both 2023 and 2022.  Demand Deposit Marketplace SM ("DDM") and ICS balances are discussed in 
Note 6 to the Consolidated Financial Statements in ITEM 8 of this report.

Maturities of Uninsured Time Deposits

The following table shows time deposits by account that are in excess of $250,000 by time remaining to maturity at 
December 31, 2023.

(in thousands; unaudited)

Three months or less

Over three months through six months

Over six months through twelve months

Over twelve months

Total

Borrowings

December 31, 2023

Total

Uninsured Portion

$ 

$ 

30,998  $ 

46,089   

23,500   

5,033   

105,620  $ 

20,998 

26,339 

11,000 

2,283 

60,620 

As  of  December  31,  2023  and  2022,  our  borrowing  capacity  with  the  Federal  Home  Loan  Bank  ("FHLB")  under 
secured lines of credit totaled $1.009 billion and $711.6 million, respectively.  The increase in our borrowing capacity 
at  the  FHLB  resulted  from  pledging  certain  held-to-maturity  securities  to  the  Securities-Backed  Credit  Program  in 
February  2023.    Our  borrowing  capacity  with  the  Federal  Reserve  Bank  of  San  Francisco  ("FRBSF")  under  a 
secured line of credit and the Bank Term Funding Program ("BTFP"), which was new in 2023, totaled $334.2 million 
and $58.7 million as of December 31, 2023 and 2022, respectively.  In addition, as of December 31, 2023 and 2022 

46

 
 
 
 
 
 
 
 
 
 
 
we  had  $135.0  million  and  $150.0  million,  respectively,  in  unsecured  lines  of  credit  with  correspondent  banks  to 
cover short-term borrowing needs. 

As of December 31, 2023, the Bank had $26.0 million outstanding in short-term borrowings under the BTFP facility 
at an average rate of 4.83%, compared to $112.0 million in FHLB overnight borrowings as of December 31, 2022 at 
a rate of 4.65%.  Other correspondent bank lines of credit were not utilized as of December 31, 2023 or 2022.

For additional information, see Note 7, Borrowings and Other Obligations, in ITEM 8 of this report. 

Deferred Compensation Obligations

We maintain a non-qualified, unfunded deferred compensation plan for certain key management personnel.  Under 
this plan, participating employees may defer compensation, which will entitle them to receive certain payments for 
up to, but not exceeding, fifteen years commencing upon retirement, death, disability or termination of employment.  
A similar Deferred Director Fee Plan entitles participating members of the Board of Directors to receive payments as 
elected by the participant upon separation from service, death, disability or termination of service.  At December 31, 
2023  and  2022,  our  aggregate  payment  obligations  under  both  plans  totaled  $6.6  million  and  $7.1  million, 
respectively, and was recorded in interest payable and other liabilities in the consolidated statements of condition.

We have entered into supplemental executive retirement plans ("SERPs") with a select group of executive officers, 
providing for certain retirement benefits at age 65 and reduced benefits upon early retirement.  The annual amount 
of benefits in either pre-retirement scenario is based on a vesting schedule unique to each executive.  The SERP 
also provides for lump sum benefits in the event of a change in control followed by the termination of the executive.  
Payments  under  the  SERPs  are  expected  to  be  funded  by  income  from  bank-owned  life  insurance  policies.    On 
December 31, 2023 and 2022, our liabilities under the SERPs totaled $4.5 million and $4.7 million, respectively, and 
were recorded in interest payable and other liabilities in the consolidated statements of condition.  The SERPs are 
unfunded and non-qualified for tax purposes and subject to Title I of the Employee Retirement Income Security Act 
of 1974. 

Decreases in both the deferred compensation plans and SERP liabilities in 2023 mainly resulted from increases in 
benefit payments to retired employees.  In addition, we increased the discount rate on the SERP payments to reflect 
market conditions, which reduced the present value of the SERP obligation.

For additional information, see Note 10 to the Consolidated Financial Statements in ITEM 8 of this report.

Capital Adequacy

As discussed in Note 15 to the Consolidated Financial Statements in ITEM 8 of this report, the Bank's capital ratios 
were  above  regulatory  guidelines  to  be  considered  "well  capitalized"  and  Bancorp's  ratios  exceeded  the  required 
minimum  ratios  for  capital  adequacy  purposes.    For  further  discussion  of  bank  capital  requirements,  refer  to  the 
SUPERVISION AND REGULATION section in ITEM 1 of this report.

Bancorp's total risk-based capital ratio increased to 16.89% at December 31, 2023, from 15.90% at December 31, 
2022.    Bancorp's  tangible  common  equity  to  tangible  assets  ("TCE  ratio")  increased  to  9.73%  at  December  31, 
2023,  from  8.21%  at  December  31,  2022,  primarily  due  to  a  decrease  in  unrealized  losses  on  available-for-sale 
securities  and  a  decrease  in  tangible  assets.    Bancorp's  TCE  ratio,  net  of  after-tax  unrealized  losses  on  held-to-
maturity securities as if the losses were realized, was 7.80% as of December 31, 2023, compared to 6.15% (refer to 
the  discussion  and  reconciliation  of  this  non-GAAP  financial  measure  in  the  section  below  entitled  Statement 
Regarding Use of Non-GAAP Financial Measures).  The Bank's total risk-based capital ratio increased to 16.62% at 
December  31,  2023,  from  15.73%  at  December  31,  2022,  primarily  from  net  income  and  a  decrease  in  risk-
weighted  assets,  partially  offset  by  $20.0  million  in  dividends  to  Bancorp  to  be  used  for  cash  dividends  to 
shareholders and operating costs.  

Bancorp's  share  repurchase  program  and  activity  are  discussed  in  detail  in  ITEM  5  and  in  Note  8  to  the 
Consolidated Financial Statements in ITEM 8 of this report.  We expect to maintain strong capital levels and do not 
expect that we will be required to raise additional capital in 2024.  Our anticipated sources of capital in 2024 include 
future earnings and shares issued under the stock-based compensation program.

47

Liquidity and Capital Resources

The goal of liquidity management is to provide adequate funds to meet loan demand and fund operating activities 
and deposit withdrawals.  We accomplish this goal by maintaining an appropriate level of liquid assets and formal 
lines  of  credit  with  the  FHLB,  FRBSF  and  correspondent  banks  that  enable  us  to  borrow  funds,  as  discussed  in 
Note  7  to  the  Consolidated  Financial  Statement  in  ITEM  8  of  this  report.    Our  Asset  Liability  Management 
Committee ("ALCO"), which is comprised of independent Bank directors and the Bank's Chief Executive Officer, is 
responsible  for  approving  and  monitoring  our  liquidity  targets  and  strategies.    The  Bank  has  long-established 
minimum liquidity requirements that are regularly monitored using metrics and tools similar to those used by larger 
banks, such as the liquidity coverage ratio, and multi-scenario, long-horizon stress tests.  Our contingency funding 
plan  provides  for  early  detection  of  potential  liquidity  issues  in  the  market  or  the  Bank  and  institutes  prompt 
responses that may prevent or alleviate a liquidity crisis.  Management monitors liquidity daily and regularly adjusts 
our  position  based  on  current  and  future  liquidity  needs.    We  also  have  relationships  with  third-party  deposit 
networks  and  can  adjust  the  placement  of  our  deposits  via  reciprocal  or  one-way  sales  as  part  of  our  cash 
management strategy, as discussed in Note 6 to the Consolidated Financial Statement in ITEM 8 of this report.

Net  available  funding  sources,  including  unrestricted  cash,  unencumbered  available-for-sale  securities,  and  
available borrowing capacity, totaled $1.967 billion, or 60% of total deposits, and 213% of estimated uninsured and/
or  uncollateralized  deposits  as  of  December  31,  2023.    The  Federal  Reserve's  BTFP  facility  offers  borrowing 
capacity based on the par value of securities pledged, making it less sensitive to changes in market rates.  

The following table details the components of our contingent liquidity sources as of December 31, 2023.

(in thousands)
Internal Sources

Unrestricted cash 1
Unencumbered securities at market value

External Sources

FHLB line of credit

FRB line of credit and BTFP facility

Lines of credit at correspondent banks

Total Liquidity

Total Available

Amount Used

Net Availability

$ 

13,536 

501,672 

N/A

N/A

$ 

13,536 

501,672 

1,009,044  $ 

334,192   

135,000   

—   

1,009,044 

(26,000)   

—   

308,192 

135,000 

$ 

1,993,444  $ 

(26,000)  $ 

1,967,444 

1 Excludes cash items in transit as of December 31, 2023.

Note:  Brokered deposits available through third-party networks are not included above. 

We  obtain  funds  from  the  repayment  and  maturity  of  loans,  deposit  inflows,  investment  security  maturities,  sales 
and  paydowns,  federal  funds  purchases,  FHLB  advances,  other  borrowings,  and  cash  flow  from  operations.    Our 
primary uses of funds are the origination of loans, the purchase of investment securities, withdrawals of deposits, 
maturity  of  certificates  of  deposit,  repayment  of  borrowings,  dividends  to  common  stockholders,  and  operating 
expenses.

Customer  deposits  are  a  significant  component  of  our  daily  liquidity  position.    The  attraction  and  retention  of 
deposits  depends  on  the  variety  and  effectiveness  of  our  customer  account  products,  service  and  convenience, 
rates paid to customers, and our financial strength.  The cash cycles and unique business activities of some of our 
large commercial depositors may cause short-term fluctuations in their deposit balances held with us. 

Our  cash  and  cash  equivalents  decreased  by  $15.0  million  to  $30.5  million  at  December  31,  2023,  from  $45.4 
million  at  December  31,  2022.    Significant  uses  of  liquidity  during  2023  were  $283.3  million  in  withdrawals  of 
deposits, $86.0 million in repayments of short-term borrowings, and $16.1 million in cash dividends paid on common 
stock to our shareholders.

The most significant sources of liquidity during 2023 were proceeds from principal paydowns, maturities and sales 
of  investment  securities  totaling  $315.1  million,  and  proceeds  from  loans  collected  net  of  originations  totaling 
$16.9 million.  In addition, $35.7 million in net cash was provided by operating activities.  Refer to the Consolidated 
Statement  of  Cash  Flows  in  this  Form  10-K  for  additional  information  on  our  sources  and  uses  of  liquidity.  
Management anticipates that our current strong liquidity position, as detailed in this report, and contingent funding 
sources are adequate to support our operational needs.

48

 
 
 
 
 
Unfunded credit commitments, as discussed in Note 16 to the Consolidated Financial Statements in ITEM 8 of this 
report, totaled $505.2 million at December 31, 2023.  We expect to fund these commitments to the extent utilized 
primarily through the repayment of existing loans, principal paydowns of investment securities, and liquid assets.  

Over the next twelve months, $233.7 million of time deposits will mature.  We expect to replace these funds with 
new  deposits  or  excess  liquidity.    We  believe  our  emphasis  on  local  deposits,  combined  with  our  immediately 
available funding sources, provides a very stable base for our liquidity needs.

We  had  outstanding  borrowings  under  our  credit  facilities  of  $26.0  million  and  $112.0  million  as  of  December  31, 
2023  and  2022,  respectively,  as  discussed  in  Note  7  to  the  Consolidated  Financial  Statements  in  ITEM  8  of  this 
report.

Because  Bancorp  is  a  holding  company  and  does  not  conduct  regular  banking  operations,  its  primary  sources  of 
liquidity are dividends from the Bank.  Under the California Financial Code, payment of a dividend from the Bank to 
Bancorp  without  advance  regulatory  approval  is  restricted  to  the  lesser  of  the  Bank’s  retained  earnings  or  the 
amount of the Bank’s net profits from the previous three fiscal years less the amount of dividends paid during that 
period.  The primary uses of funds for Bancorp are shareholder dividends, ordinary operating expenses and stock 
repurchases.  Bancorp held $7.2 million in cash as of December 31, 2023.  Management anticipates that there will 
be  sufficient  earnings  at  the  Bank  to  provide  dividends  to  Bancorp  to  meet  its  funding  requirements  for  the 
foreseeable future.

Statement Regarding Use of Non-GAAP Financial Measures

Financial results for 2022 and 2021 were impacted by costs associated with our 2021 acquisition of American River 
Bankshares,  for  which  non-GAAP  financial  measures  are  not  repeated  in  this  report.    For  additional  information 
regarding the impact of non-GAAP adjustments for 2022 and 2021 performance measures, refer to Form 10-K filed 
with the Securities and Exchange Commission ("SEC") on March 15, 2023.

Financial  results  are  presented  in  accordance  with  GAAP  and  with  reference  to  certain  non-GAAP  financial 
measures.  Management believes that, given recent industry turmoil, the presentation of Bancorp's non-GAAP TCE 
ratio reflecting the after-tax impact of unrealized losses on held-to-maturity securities provides useful supplemental 
information to investors because it reflects the level of capital remaining after a hypothetical liquidation of the entire 
securities portfolio.  Because there are limits to the usefulness of this measure to investors, Bancorp encourages 
readers  to  consider  its  annual  and  quarterly  consolidated  financial  statements  and  notes  related  thereto  in  their 
entirety, as filed with the SEC, and not to rely on any single financial measure.  A reconciliation of the non-GAAP 
TCE ratio is presented below.

Reconciliation of GAAP and Non-GAAP Financial Measures

(in thousands, unaudited)

Tangible Common Equity - Bancorp

Total stockholders' equity

Goodwill and core deposit intangible

Total TCE

Unrealized losses on HTM securities, net of tax 1

TCE, net of unrealized losses on HTM securities (non-GAAP)

Total assets

Goodwill and core deposit intangible

Total tangible assets

Unrealized losses on HTM securities, net of tax 1

Total tangible assets, net of unrealized losses on HTM securities (non-GAAP)

Bancorp TCE ratio

Bancorp TCE ratio, net of unrealized losses on HTM securities (non-GAAP)

December 31, 2023 December 31, 2022

$ 

$ 

$ 

439,062 

(76,520) 

362,542 

(77,739) 

284,803 

3,803,903 

(76,520) 

3,727,383 

(77,739) 

$ 

3,649,644 

412,092 

(77,870) 

334,222 

(89,432) 

244,790 

4,147,464 

(77,870) 

4,069,594 

(89,432) 

3,980,162 

 9.73 %

 7.80 %

 8.21 %

 6.15 %

a

b

c

d

a / c

b / d

1 Net unrealized losses on held-to-maturity securities as of December 31, 2023 and 2022 of $110.4 million and $127.0 million, respectively, as shown in Note 2, net of 
an estimated $32.6 million and $37.5 million, respectively, in deferred tax benefits based on a blended state and federal statutory tax rate of 29.56%.

49

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
ITEM 7A.     Quantitative and Qualitative Disclosures about Market Risk 

Market risk is defined as the risk of loss arising from an adverse change in the market value (or prices) of financial 
instruments.  A significant component of market risk is interest rate risk, which is inherent in our lending, investment, 
borrowing, and deposit gathering activities.  The Bank manages interest rate sensitivity to minimize the exposure of 
our  net  interest  margin,  earnings,  and  capital  to  changes  in  interest  rates.    Interest  rate  changes  can  create 
fluctuations  in  the  net  interest  margin  due  to  an  imbalance  in  the  timing  of  repricing,  or  maturity  of  assets  or 
liabilities.  Interest rate changes can also affect the market value of our financial instruments, such as available-for-
sale securities and the related unrealized gains or losses, which affect our equity value.

To mitigate interest rate risk, the structure of our assets and liabilities is managed with the objective of correlating 
the  effects  of  interest  rate  changes  on  loans  and  investments  with  those  of  deposits  and  borrowings.   The Asset/
Liability  Management  Policy  sets  limits  on  the  acceptable  amount  of  change  to  net  interest  income  and  the 
economic value of equity in different interest rate environments.

From time to time, we enter into interest rate swap contracts to mitigate the changes in the fair value of selected 
investment securities and specified long-term fixed-rate loans and firm commitments to enter into long-term fixed-
rate  loans  caused  by  changes  in  interest  rates.    Refer  to  Note  14  to  the  Consolidated  Financial  Statements  in 
ITEM 8 of this report.

ALCO  and  the  Board  of  Directors  review  our  exposure  to  interest  rate  risk  at  least  quarterly.    We  use  simulation 
models  to  measure  interest  rate  risk  and  to  evaluate  strategies  to  improve  profitability  in  the  context  of  policy 
guidelines.  A simplified statement of condition is prepared on a quarterly basis as a starting point, using instrument 
level data of our actual loans, investments, borrowings and deposits as inputs.  If potential changes to net equity 
value and net interest income resulting from hypothetical interest rate changes are not within the limits established 
by  the  Board  of  Directors,  management  may  adjust  the  asset  and  liability  mix  to  bring  the  risk  position  within 
approved  limits  or  take  other  actions.    Governing  policies  are  subject  to  review  by  regulators  and  are  updated  to 
incorporate their observations and adapt to changes in idiosyncratic and systemic risks.  As of December 31, 2023, 
interest  rate  risk  was  within  the  policy  guidelines  established  by ALCO  and  the  Board.    One  set  of  interest  rates 
modeled and evaluated against flat interest rates and a static balance sheet is a series of immediate parallel shifts 
in the yield curve. Our most recent analysis of our  interest rate sensitivity is provided in the following table as an 
example rather than an expectation of likely interest rate movements.

Immediate Changes in Interest Rates (in basis points)

up 400

up 300

up 200

up 100
down 100
down 200

down 300

down 400

Estimated Change in 
Net Interest Income in 
Year 1, as Percent of 
Net Interest Income

Estimated Change in 
Net Interest Income in 
Year 2, as Percent of 
Net Interest Income

 (10.8) %

 (7.9) %

 (5.1) %

 (2.3) %
 0.6 %
 2.5 %

 4.4 %

 7.0 %

 0.7 %

 0.7 %

 0.7 %

 0.6 %
 (0.9) %
 0.9 %

 2.6 %

 4.6 %

Interest  rate  sensitivity  is  a  function  of  the  repricing  characteristics  of  our  assets  and  liabilities.   The  Bank  runs  a 
combination  of  scenarios  and  sensitivities  in  its  attempt  to  capture  the  range  of  interest  rate  risk  including  the 
simulations  mentioned  above.    As  with  any  simulation  model  or  other  method  of  measuring  interest  rate  risk, 
limitations  are  inherent  in  the  process  and  dependent  on  assumptions.    For  example,  lower  deposit  growth  than 
modeled  may  cause  the  Bank  to  increase  its  borrowing  position,  thereby  increasing  its  liability  sensitivity.  
Additionally,  assets  and  liabilities  may  react  differently  to  changes  in  market  interest  rates  in  terms  of  both  timing 
and  responsiveness  to  market  rate  movements.    Important  deposit  modeling  assumptions  include  the  speed  of 
deposit run-off and the amount by which interest-bearing deposit rates increase or decrease when market interest 
rates change, otherwise known as the deposit beta.  The above tables reflect deposit betas of up to 68%, averaging 
40%, to rates paid on non-maturity interest-bearing deposits in rising rate scenarios and deposit betas of up to 60%, 
averaging  34%,  to  rates  paid  on  non-maturity  interest-bearing  deposits  in  falling  rate  scenarios.   The  actual  rates 

50

and timing of prepayments on loans and investment securities could vary significantly from the assumptions applied 
in the various scenarios.  Lastly, uneven changes in different tenors of U.S. Treasury rates that result in changes to 
the  shape  of  the  yield  curve  could  produce  different  results  from  those  presented  in  the  table.   Accordingly,  the 
results presented should not be relied upon as indicative of actual results in the event of changing market interest 
rates.

ITEM 8.  FINANCIAL STATEMENTS AND SUPPLEMENTARY DATA

Report of Independent Registered Public Accounting Firm

To the Shareholders and the Board of Directors
Bank of Marin Bancorp

Opinions on the Financial Statements and Internal Control over Financial Reporting

We have audited the accompanying consolidated statements of condition of Bank of Marin Bancorp and Subsidiary 
(the “Company”) as of December 31, 2023 and 2022, the related consolidated statements of comprehensive income 
(loss), changes in stockholders’ equity, and cash flows for each of the three years in the period ended December 31, 
2023,  and  the  related  notes  (collectively  referred  to  as  the  “consolidated  financial  statements”).    We  also  have 
audited  the  Company’s  internal  control  over  financial  reporting  as  of  December  31,  2023,  based  on  criteria 
established in Internal Control - Integrated Framework (2013) issued by the Committee of Sponsoring Organizations 
of the Treadway Commission (COSO).

In  our  opinion,  the  consolidated  financial  statements  referred  to  above  present  fairly,  in  all  material  respects,  the 
consolidated financial position of the Company as of December 31, 2023 and 2022, and the consolidated results of 
its operations and its cash flows for each of the three years in the period ended December 31, 2023, in conformity 
with  accounting  principles  generally  accepted  in  the  United  States  of America.   Also  in  our  opinion,  the  Company 
maintained,  in  all  material  respects,  effective  internal  control  over  financial  reporting  as  of  December  31,  2023, 
based on criteria established in Internal Control - Integrated Framework (2013) issued by COSO.

Basis for Opinions

The  Company’s  management  is  responsible  for  these  consolidated  financial  statements,  for  maintaining  effective 
internal control over financial reporting, and for its assessment of the effectiveness of internal control over financial 
reporting,  included  in  the  accompanying  Management's  Report  on  Internal  Control  over  Financial  Reporting.    Our 
responsibility is to express an opinion on the Company’s consolidated financial statements and an opinion on the 
Company’s internal control over financial reporting based on our audits.  We are a public accounting firm registered 
with  the  Public  Company  Accounting  Oversight  Board  (United  States)  (“PCAOB”)  and  are  required  to  be 
independent  with  respect  to  the  Company  in  accordance  with  the  U.S.  federal  securities  laws  and  the  applicable 
rules and regulations of the Securities and Exchange Commission and the PCAOB.

We conducted our audits in accordance with the standards of the PCAOB.  Those standards require that we plan 
and perform the audits to obtain reasonable assurance about whether the consolidated financial statements are free 
of  material  misstatement,  whether  due  to  error  or  fraud,  and  whether  effective  internal  control  over  financial 
reporting was maintained in all material respects.

Our audits of the consolidated financial statements included performing procedures to assess the risks of material 
misstatement of the consolidated financial statements, whether due to error or fraud, and performing procedures to 
respond to those risks.  Such procedures included examining, on a test basis, evidence regarding the amounts and 
disclosures in the consolidated financial statements.  Our audits also included evaluating the accounting principles 
used  and  significant  estimates  made  by  management,  as  well  as  evaluating  the  overall  presentation  of  the 
consolidated  financial  statements.    Our  audit  of  internal  control  over  financial  reporting  included  obtaining  an 
understanding  of  internal  control  over  financial  reporting,  assessing  the  risk  that  a  material  weakness  exists,  and 
testing and evaluating the design and operating effectiveness of internal control based on the assessed risk.  Our 
audits  also  included  performing  such  other  procedures  as  we  considered  necessary  in  the  circumstances.    We 
believe that our audits provide a reasonable basis for our opinions.

51

 
Definition and Limitations of Internal Control Over Financial Reporting

A  company’s  internal  control  over  financial  reporting  is  a  process  designed  to  provide  reasonable  assurance 
regarding  the  reliability  of  financial  reporting  and  the  preparation  of  financial  statements  for  external  purposes  in 
accordance  with  generally  accepted  accounting  principles.    A  company’s  internal  control  over  financial  reporting 
includes  those  policies  and  procedures  that  (1)  pertain  to  the  maintenance  of  records  that,  in  reasonable  detail, 
accurately and fairly reflect the transactions and dispositions of the assets of the company; (2) provide reasonable 
assurance that transactions are recorded as necessary to permit preparation of financial statements in accordance 
with generally accepted accounting principles, and that receipts and expenditures of the company are being made 
only in accordance  with authorizations of management  and directors of the company; and (3) provide reasonable 
assurance regarding prevention or timely detection of unauthorized acquisition, use, or disposition of the company’s 
assets that could have a material effect on the financial statements.

Because of its inherent limitations, internal control over financial reporting may not prevent or detect misstatements. 
Also,  projections  of  any  evaluation  of  effectiveness  to  future  periods  are  subject  to  the  risk  that  controls  may 
become  inadequate  because  of  changes  in  conditions,  or  that  the  degree  of  compliance  with  the  policies  or 
procedures may deteriorate.

Critical Audit Matters

The critical audit matters communicated below are matters arising from the current period audit of the consolidated 
financial statements that were communicated or required to be communicated to the audit committee and that (1) 
relate  to  accounts  or  disclosures  that  are  material  to  the  consolidated  financial  statements  and  (2)  involved  our 
especially challenging, subjective, or complex judgments.  The communication of critical audit matters does not alter 
in  any  way  our  opinion  on  the  consolidated  financial  statements,  taken  as  a  whole,  and  we  are  not,  by 
communicating the critical audit matters below, providing a separate opinion on the critical audit matters or on the 
accounts or disclosures to which they relate.

Allowance for Credit Losses on Loans

As discussed in Notes 1 and 3 to the consolidated financial statements, the Allowance for Credit Losses on Loans at 
December  31,  2023,  was  $25.2  million  on  a  total  loan  portfolio  of  $2.1  billion.  The  allowance  for  credit  losses 
provides an estimate of lifetime expected losses in the loan portfolio. The measurement of expected credit losses is 
based  on  relevant  available  information,  from  internal  and  external  sources,  relating  to  past  events,  current 
conditions, and reasonable and supportable forecasts that affect the collectability of the financial assets.

We identified the Allowance for Credit Losses on Loans as a critical audit matter. The principal considerations for 
our  determination  of  the  Allowance  for  Credit  Losses  on  Loans  as  a  critical  audit  matter  are  subjectivity  of  the 
estimation and application of forecasted economic conditions and qualitative internal and external risk factors used 
in the calculation of the Allowance for Credit Losses on Loans. The economic forecast component of the Allowance 
for  Credit  Losses  on  Loans  is  used  to  compare  the  conditions  that  existed  during  the  historical  period  to  current 
conditions  and  future  expectations.  The  qualitative  internal  and  external  risk  factors  are  used  to  adjust  for 
differences  in  segment-specific  risk  characteristics  or  conditions  that  differ  from  those  that  existed  during  the 
historical  period  for  which  the  probability  of  default  and  loss  given  default  factors  were  developed.  Auditing 
management’s  judgements  regarding  forecasted  economic  conditions  and  qualitative  internal  and  external  risk 
factors applied to the Allowance for Credit Losses on Loans involved a high degree of subjectivity.

The primary procedures we performed to address this critical audit matter included:

•

•

Testing  the  design,  implementation,  and  operating  effectiveness  of  controls  related  to  management’s 
calculation  of  the  Allowance  for  Credit  Losses  on  Loans,  including  controls  over  qualitative  internal  and 
external risk factors and the forecasted economic conditions utilized.
Testing the appropriateness of the methodology used in the calculation of the Allowance for Credit Losses 
on Loans, as well as testing completeness and accuracy of the data used in the calculation, application of 
the  forecasted  economic  conditions,  and  qualitative  internal  and  external  risk  factors  determined  by 
management and used in the calculation, and verifying calculations in the Allowance for Credit Losses on 
Loans.

52

• Obtaining  management’s  analysis  and  supporting  documentation  related  to  the  forecasted  economic 
conditions, and testing whether the forecasts used in the calculation of the Allowance for Credit Losses on 
Loans are reasonable and supportable based on the analysis provided by management.

• Obtaining  management’s  analysis  of  internal  and  external  qualitative  factors,  and  evaluating  the 

reasonableness of the assumptions used in determining the qualitative factor adjustments.

Goodwill Impairment Assessment

As described in Note 1 to the consolidated financial statements, the Company’s goodwill balance was $72.8 million 
at  December  31,  2023,  which  is  allocated  to  the  Company’s  sole  reporting  unit.  Goodwill  is  evaluated  for 
impairment,  at  a  minimum,  on  an  annual  basis.  To  test  for  goodwill  impairment,  the  Company  may  apply  a 
qualitative analysis of conditions in order to determine whether it is more likely than not that the carrying value is 
impaired.  If  the  qualitative  analysis  is  bypassed  or  in  the  event  the  qualitative  analysis  suggests  that  the  carrying 
value  of  goodwill  may  be  impaired,  the  Company  uses  several  quantitative  valuation  methodologies  in  evaluating 
goodwill for impairment.

We identified the quantitative goodwill impairment evaluation performed as of the annual impairment testing date as 
a  critical  audit  matter.  The  Company  bypassed  the  qualitative  analysis  and  the  quantitative  goodwill  impairment 
assessment  is  considered  a  significant  accounting  estimate  for  which  our  audit  procedures  to  evaluate 
management's  judgments  involved  subjectivity  and  increased  audit  effort,  including  use  of  an  internal  valuation 
specialist.

The primary procedures we performed to address this critical audit matter included:

•

•

•

Testing the design, implementation, and operating effectiveness of the management review control related 
to  the  management’s  quantitative  goodwill  impairment  test,  including  the  reporting  unit  determination  and 
the determination of the fair value of the reporting unit.

Testing  the  Company’s  financial  projections  utilized  in  the  discounted  cash  flow  methodology  for 
reasonableness, including the terminal period growth rate.

Utilizing an internal valuation specialist to assist in performing the following:

◦

◦

Evaluating the methodologies and weighting of methodologies utilized by management.

Testing key inputs used by management to determine the fair value of the reporting unit, including:

▪

▪

▪

▪

Independently  assessing  the  appropriateness  of  selected  peers  in  the  publicly  traded 
guideline market approach.

Independently  assessing  the  appropriateness  of  selected  acquisitions  in  the  guideline 
transactions market approach.

Independently  obtaining  data  to  verify  key  ratios  and  market  value  indicators  for  selected 
acquisitions.

Independently  assessing  the  appropriateness  of  cost  savings  and  equity  cost  of  capital 
assumptions utilized in the discounted cash flow methodology.

/s/ Moss Adams LLP

Portland, Oregon
March 14, 2024

We have served as the Company’s auditor since 2004.

53

 
March 14, 2024

Management's Report on Internal Control over Financial Reporting

Management  of  Bank  of  Marin  Bancorp  and  subsidiary,  (the  "Company")  is  responsible  for  establishing  and 
maintaining adequate internal control over financial reporting.  Internal control over financial reporting is a process 
designed  to  provide  reasonable  assurance  regarding  the  reliability  of  financial  reporting  and  the  preparation  of 
financial  statements  for  external  purposes  in  accordance  with  U.S.  generally  accepted  accounting  principles 
("GAAP").  The Company's internal control over financial reporting includes those policies and procedures that (1) 
pertain  to  the  maintenance  of  records  that,  in  reasonable  detail,  accurately  and  fairly  reflect  the  transactions  and 
dispositions  of  the  Company's  assets;  (2)  provide  reasonable  assurance  that  transactions  are  recorded  as 
necessary  to  permit  preparation  of  financial  statements  in  accordance  with  GAAP,  and  that  receipts  and 
expenditures are being made only in accordance with authorizations of management and board of directors; and (3) 
provide reasonable assurance regarding prevention, or timely detection and correction of unauthorized acquisition, 
use, or disposition of the Company's assets that could have a material effect on the financial statements.

Management  conducted  an  assessment  of  the  effectiveness  of  internal  control  over  financial  reporting  as  of 
December 31, 2023, utilizing the framework established in Internal Control - Integrated Framework (2013) issued by 
the  Committee  of  Sponsoring  Organizations  of  the  Treadway  Commission  (COSO).    Based  on  this  assessment, 
management  has  concluded  that  the  Company  maintained  effective  internal  control  over  financial  reporting  as  of 
December 31, 2023.

The Company's independent registered public accounting firm, Moss Adams LLP, has issued an attestation report 
on our internal control over financial reporting, which appears on the previous page.

 /s/ Timothy D. Myers                                                          
  Timothy D. Myers, President and Chief Executive Officer

 /s/ Tani Girton                                                  
  Tani Girton, EVP and Chief Financial Officer

54

 
BANK OF MARIN BANCORP
CONSOLIDATED STATEMENTS OF CONDITION 
As of December 31, 2023 and 2022

(in thousands, except share data)

Assets

Cash, cash equivalents and restricted cash

Investment securities:

2023

2022

$ 

30,453  $ 

45,424 

Held-to-maturity, at amortized cost (net of zero allowance for credit losses at December 31, 2023 and 
2022)

Available-for-sale, at fair value (net of zero allowance for credit losses at December 31, 2023 and 2022)  

925,198   

552,028   

1,477,226   

2,073,720   

972,207 

802,096 

1,774,303 

2,092,546 

(25,172)   

(22,983) 

2,048,548   

2,069,563 

72,754   

68,102   

20,316   

7,792   

3,766   

—   

74,946   

72,754 

67,066 

24,821 

8,134 

5,116 

455 

79,828 

$ 

3,803,903  $ 

4,147,464 

$ 

1,441,987  $ 

1,839,114 

225,040   

233,298   

1,138,433   

251,317   

287,651 

338,163 

989,390 

119,030 

3,290,075   

3,573,348 

26,298   

22,906   

25,562   

112,439 

26,639 

22,946 

3,364,841   

3,735,372 

—   

— 

217,498   

274,570   

(53,006)   

439,062   

215,057 

270,781 

(73,746) 

412,092 

$ 

3,803,903  $ 

4,147,464 

Total investment securities

Loans, at amortized cost

Allowance for credit losses on loans

Loans, net of allowance for credit losses on loans

Goodwill

Bank-owned life insurance

Operating lease right-of-use assets

Bank premises and equipment, net

Core deposit intangible, net

Other real estate owned

Interest receivable and other assets

Total assets

Liabilities and Stockholders' Equity

Liabilities

Deposits:

Non-interest bearing

Interest bearing:

Transaction accounts

Savings accounts

Money market accounts

Time accounts

Total deposits

Borrowings and other obligations

Operating lease liabilities

Interest payable and other liabilities

Total liabilities

Commitments and contingent liabilities (Note 12)

Stockholders' Equity

Preferred stock, no par value,
   Authorized - 5,000,000 shares, none issued
Common stock, no par value,
   Authorized - 30,000,000 shares;
   Issued and outstanding - 16,158,413 and 16,029,138 at December 31, 2023 and 2022, respectively

Retained earnings

Accumulated other comprehensive loss, net of tax

Total stockholders' equity

Total liabilities and stockholders' equity

The accompanying notes are an integral part of these consolidated financial statements.

55

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
BANK OF MARIN BANCORP
CONSOLIDATED STATEMENTS OF COMPREHENSIVE INCOME (LOSS)
Years ended December 31, 2023, 2022 and 2021

(in thousands, except per share amounts)
Interest income

Interest and fees on loans
Interest on investment securities
Interest on federal funds sold and due from banks

Total interest income

Interest expense

Interest on interest-bearing transaction accounts
Interest on savings accounts
Interest on money market accounts
Interest on time accounts
Interest on borrowings and other obligations
Interest on subordinated debenture

Total interest expense
Net interest income

 Provision for (reversal of) credit losses on loans
 Reversal of credit losses on unfunded loan commitments

Net interest income after (reversal of) provision for credit losses

Non-interest income

Wealth management and trust services
Service charges on deposit accounts
Debit card interchange fees, net
Earnings on bank-owned life insurance, net
Dividends on Federal Home Loan Bank stock
Merchant interchange fees, net
Losses on sale of investment securities, net of gains
Other income

Total non-interest income

Non-interest expense

Salaries and employee benefits
Occupancy and equipment
Data processing
Professional services
Deposit network fees
Depreciation and amortization
Federal Deposit Insurance Corporation insurance
Information technology
Amortization of core deposit intangible
Directors' expense
Charitable contributions
Other real estate owned
Other expense

Total non-interest expense

Income before provision for income taxes

Provision for income taxes

Net income
Net income per common share:

Basic
Diluted

Weighted average common shares:

Basic
Diluted

Comprehensive income (loss):

Net income
Other comprehensive income (loss):

Change in net unrealized gains or losses on available-for-sale securities

Reclassification adjustment for realized losses on available-for-sale securities in net income
Reclassification adjustment for gains or losses on fair value hedges
Net unrealized losses on securities transferred from available-for-sale to held-to-maturity
Amortization of net unrealized losses on securities transferred from available-for-sale to held-
to-maturity

Other comprehensive income (loss), before tax
Deferred tax expense (benefit)

Other comprehensive income (loss), net of tax
Comprehensive income (loss)

The accompanying notes are an integral part of these consolidated financial statements.

56

2023

2022

2021

$ 

98,505  $ 
38,660   
2,329   
139,494   

93,868  $ 
34,766   
1,407   
130,041   

91,612 
16,342 
399 
108,353 

172 
94 
1,520 
246 
9 
1,361 
3,402 
104,951 
(1,449) 
(992) 
107,392 

2,222 
1,593 
1,812 
2,194 
760 
422 
(16) 
1,145 
10,132 

41,939 
7,297 
5,139 
4,974 
26 
1,740 
889 
1,550 
1,135 
957 
587 
5 
6,400 
72,638 

44,886 
11,658 
33,228 

1,036   
867   
18,553   
4,715   
11,562   
—   
36,733   
102,761   
2,575   
(342)   
100,528   

2,145   
2,083   
1,831   
1,802   
1,265   
496   
(5,893)   
1,260   
4,989   

43,448   
8,306   
4,057   
3,598   
2,783   
2,098   
1,878   
1,569   
1,350   
1,212   
717   
48   
8,417   
79,481   

421   
125   
1,589   
323   
91   
—   
2,549   
127,492   
(63)   
(318)   
127,873   

2,227   
2,007   
2,051   
1,229   
1,056   
549   
(63)   
1,849   
10,905   

42,046   
7,823   
4,649   
3,299   
258   
1,840   
1,179   
2,197   
1,489   
1,107   
709   
359   
8,314   
75,269   

26,036   
6,141   
19,895  $ 

63,509   
16,923   
46,586  $ 

$ 

$ 
$ 

1.24  $ 
1.24  $ 

2.93  $ 
2.92  $ 

2.32 
2.30 

16,012   
16,026   

15,921   
15,969   

14,340 
14,422 

$ 

19,895  $ 

46,586  $ 

33,228 

20,358   

8,700   
(1,359)   
—   

1,743   

29,442   
8,702   

(88,620)   

63   
—   
(14,847)   

1,580   

(101,824)   
(30,102)   

20,740   
40,635  $ 

(71,722)   
(25,136)  $ 

$ 

(21,281) 

16 
— 
— 

493 

(20,772) 
(6,147) 

(14,625) 
18,603 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
BANK OF MARIN BANCORP
CONSOLIDATED STATEMENTS OF CHANGES IN STOCKHOLDERS' EQUITY
Years ended December 31, 2023, 2022 and 2021

Accumulated 
Other 
Comprehensive
Income (Loss),
Net of Taxes

 Total
12,601  $  358,253 
33,228 
(14,625) 

—   
(14,625)   

463 
—   
90 
—   
1,330 
—   
— 
—   
(166) 
—   
— 
—   
491 
—   
481 
—   
(13,107) 
—   
34 
—   
—   
217 
—    124,401 
(40,722) 
—   
(2,024)  $  450,368 
46,586 
(71,722) 

—   
(71,722)   

—   
—   
—   
—   
—   
—   
—   
—   
—   
—   
—   
—   

821 
62 
1,233 
— 
(40) 
— 
251 
712 
(15,673) 
16 
355 
(877) 
(73,746)  $  412,092 
19,895 
20,740 

—   
20,740   

—   
—   
—   
—   
—   
—   
—   
—   
—   
—   

230 
46 
1,315 
— 
(70) 
— 
181 
341 
(16,106) 
398 
(53,006)  $  439,062 

(in thousands, except share data)
Balance at December 31, 2020
Net income
Other comprehensive loss, net of tax
Stock options exercised, net of shares surrendered for cashless 
exercises and tax withholdings
Stock issued under employee stock purchase plan
Stock issued under employee stock ownership plan
Restricted stock granted
Restricted stock surrendered for tax withholdings upon vesting
Restricted stock forfeited / cancelled
Stock-based compensation - stock options
Stock-based compensation - restricted stock
Cash dividends paid on common stock ($0.94 per share)  
Stock purchased by directors under director stock plan
Stock issued in payment of director fees
Stock issued to American River Bankshares shareholders
Stock repurchased, including commissions
Balance at December 31, 2021
Net income
Other comprehensive loss, net of tax
Stock options exercised, net of shares surrendered for cashless 
exercises and tax withholdings
Stock issued under employee stock purchase plan
Stock issued under employee stock ownership plan
Restricted stock granted
Restricted stock surrendered for tax withholdings upon vesting
Restricted stock forfeited / cancelled
Stock-based compensation - stock options
Stock-based compensation - restricted stock
Cash dividends paid on common stock ($0.98 per share)
Stock purchased by directors under director stock plan
Stock issued in payment of director fees
Stock repurchased, including commissions
Balance at December 31, 2022
Net income
Other comprehensive income, net of tax
Stock options exercised, net of shares surrendered for cashless 
exercises and tax withholdings
Stock issued under employee stock purchase plan
Stock issued under employee stock ownership plan
Restricted stock granted
Restricted stock surrendered for tax withholdings upon vesting
Restricted stock forfeited / cancelled
Stock-based compensation - stock options
Stock-based compensation - restricted stock
Cash dividends paid on common stock ($1.00 per share)
Stock issued in payment of director fees
Balance at December 31, 2023

Common Stock

Shares

Amount

Retained
Earnings

  13,500,453  $  125,905  $  219,747  $ 

—   
—   

—   
—   

33,228   
—   

36,338   
2,648   
36,075   
30,742   
(4,211)   
(3,848)   
—   
—   
—   
1,034   
6,443   

463   
90   
1,330   
—   
(166)   
—   
491   
481   
—   
34   
217   
3,441,235    124,401   
(40,722)   
(1,117,666)   

—   
—   
—   
—   
—   
—   
—   
—   
(13,107)   
—   
—   
—   
—   

  15,929,243  $  212,524  $  239,868  $ 

—   
—   

—   
—   

46,586   
—   

40,674   
2,025   
38,000   
46,672   
(1,169)   
(13,692)   
—   
—   
—   
515   
10,145   
(23,275)   

821   
62   
1,233   
—   
(40)   
—   
251   
712   
—   
16   
355   
(877)   

—   
—   
—   
—   
—   
—   
—   
—   
(15,673)   
—   
—   
—   

  16,029,138  $  215,057  $  270,781  $ 

—   
—   

—   
—   

19,895   
—   

11,530   
2,527   
58,400   
61,978   
(2,498)   
(21,024)   
—   
—   
—   
18,362   

230   
46   
1,315   
—   
(70)   
—   
181   
341   
—   
398   

—   
—   
—   
—   
—   
—   
—   
—   
(16,106)   
—   

  16,158,413  $  217,498  $  274,570  $ 

The accompanying notes are an integral part of these consolidated financial statements.

57

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
BANK OF MARIN BANCORP 
CONSOLIDATED STATEMENTS OF CASH FLOWS
Years ended December 31, 2023, 2022 and 2021

(in thousands)
Cash Flows from Operating Activities:

Net income
Adjustments to reconcile net income to net cash provided by operating activities:

2023

2022

2021

$ 

19,895  $ 

46,586  $ 

33,228 

Provision for (reversal of) credit losses on loans
Reversal of credit losses on unfunded loan commitments
Noncash contribution expense to employee stock ownership plan
Noncash director compensation expense
Stock-based compensation expense
Amortization of core deposit intangible
Amortization of investment security premiums, net of accretion of discounts
(Accretion of discounts) amortization of premiums on acquired loans, net
Accretion of discount on subordinated debenture
Net change in deferred loan origination costs/fees
Write-down of other real estate owned
Losses on sale of investment securities, net of gains
Depreciation and amortization
Earnings on bank-owned life insurance policies
Net changes in interest receivable and other assets
Net changes in interest payable and other liabilities

Total adjustments

Net cash provided by operating activities

Cash Flows from Investing Activities:
Purchase of held-to-maturity securities 
Purchase of available-for-sale securities 
Proceeds from sale of available-for-sale securities 
Proceeds from paydowns/maturities of held-to-maturity securities 
Proceeds from paydowns/maturities of available-for-sale securities 
Proceeds from sale of Visa Inc. Class B restricted common stock
Decrease in loans receivable, net
Proceeds from sale of loan
Purchase of bank-owned life insurance policies
Proceeds from bank-owned life insurance policies
Purchase of premises and equipment
Proceeds from sale of other real estate owned
Cash and cash equivalents acquired from American River Bankshares
Cash paid for low income housing tax credit investment
Net cash provided by (used in) investing activities

Cash Flows from Financing Activities:
Net (decrease) increase in deposits
(Repayment of) proceeds from short-term borrowings, net
Repayment of finance lease obligations
Repayment of subordinated debenture including execution costs
Proceeds from stock options exercised
Restricted stock surrendered for tax withholdings upon vesting
Cash dividends paid on common stock
Stock repurchased, including commissions
Proceeds from stock issued under employee and director stock purchase plans

Net cash (used in) provided by financing activities

Net (decrease) increase in cash, cash equivalents and restricted cash
Cash, cash equivalents and restricted cash at beginning of period
Cash, cash equivalents and restricted cash at end of period
Supplemental disclosure of cash flow information:

Interest paid on deposits and borrowings
Income taxes paid, net of refunds

Supplemental disclosure of noncash investing and financing activities:
Change in net unrealized gains or losses on available-for-sale securities
Securities transferred from available-for-sale to held-to-maturity, at fair value
Amortization of net unrealized loss on available-for-sale securities transferred to held-to-
maturity
Transfer of loan to loans held-for-sale
Repurchase of stock not yet settled
Acquisition:  Fair value of assets acquired, excluding cash and cash equivalents

                 Fair value of liabilities assumed

2,575   
(342)   
1,315   
398   
522   
1,350   
6,897   
(573)   
—   
(836)   
40   
5,893   
2,098   
(1,802)   
(4,149)   
2,378   
15,764   
35,659   

—   
—   
205,795   
47,170   
59,316   
2,807   
16,945   
3,263   
—   
766   
(1,749)   
420   
—   
(42)   
334,691   

(283,273)   
(86,000)   
(148)   
—   
230   
(70)   
(16,106)   
—   
46   
(385,321)   
(14,971)   
45,424   
30,453  $ 

(63)   
(318)   
1,233   
355   
963   
1,489   
9,056   
153   
—   
(2,716)   
345   
63   
1,840   
(1,229)   
2,228   
(4,708)   
8,691   
55,277   

(319,937)   
(243,459)   
10,664   
47,098   
130,178   
—   
164,019   
—   
(4,714)   
350   
(2,266)   
—   
—   
(30)   
(218,097)   

(235,202)   
112,000   
(131)   
—   
821   
(40)   
(15,673)   
(1,250)   
78   
(139,397)   
(302,217)   
347,641   

45,424  $ 

(1,449) 
(992) 
1,330 
217 
972 
1,135 
5,799 
(571) 
1,347 
(3,155) 
— 
16 
1,740 
(2,194) 
5,554 
2,276 
12,025 
45,253 

(305,329) 
(620,236) 
6,632 
71,682 
110,059 
— 
256,856 
— 
(1,943) 
2,478 
(1,044) 
— 
140,577 
(398) 
(340,666) 

514,279 
(13,885) 
(86) 
(4,126) 
463 
(166) 
(13,107) 
(40,762) 
124 
442,734 
147,321 
200,320 
347,641 

34,038  $ 
8,428  $ 

2,560  $ 
13,730  $ 

2,105 
12,350 

20,358  $ 
—  $ 
1,743  $ 

(88,620)  $ 
357,482  $ 
1,580  $ 

(21,281) 
— 
493 

$ 

$ 
$ 

$ 
$ 
$ 

$ 
$ 
$ 
$ 
$ 

3,263  $ 
—  $ 
—  $ 
—  $ 
330  $ 

—  $ 
—  $ 
—  $ 
—  $ 
—  $ 

— 
373 
757,844 
816,558 
1,930 

Restricted cash 1
1Restricted cash includes reserve requirements held with the Federal Reserve Bank of San Francisco and other cash pledged.  In response to the COVID-19 
pandemic, the Federal Reserve reduced the reserve requirement ratios to zero percent effective March 26, 2020.

The accompanying notes are an integral part of these consolidated financial statements.

58

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
NOTES TO CONSOLIDATED FINANCIAL STATEMENTS

Note 1:  Summary of Significant Accounting Policies

Nature  of  Operations:    Bank  of  Marin  Bancorp  ("Bancorp"),  headquartered  in  Novato,  California,  conducts 
business  primarily  through  its  wholly-owned  subsidiary,  Bank  of  Marin  (the  "Bank"),  a  California  state-chartered 
commercial  bank  that  provides  a  wide  range  of  financial  services  through  27  retail  branches  and  8  commercial 
banking  offices  across  10  counties,  including Alameda, Amador,  Contra  Costa,  Marin,  Napa,  Placer,  Sacramento, 
San  Francisco,  San  Mateo  and  Sonoma.  Our  customer  base  is  made  up  of  business,  not-for-profit  and  personal 
banking relationships from the communities within our Northern California footprint.

Basis  of  Presentation:  The  consolidated  financial  statements  include  the  accounts  of  Bancorp,  a  bank  holding 
company,  and  its  wholly-owned  bank  subsidiary,  Bank  of  Marin,  a  California  state-chartered  commercial  bank.  
References to “we,” “our,” “us” mean Bancorp and the Bank that are consolidated for financial reporting purposes.  
Our accounting and reporting policies conform to U.S. generally accepted accounting principles ("GAAP"), general 
practice,  and  regulatory  guidance  within  the  banking  industry.   A  summary  of  our  significant  policies  follows.   All 
material  intercompany  transactions  have  been  eliminated.    We  monitor  financial  performance  and  evaluate  the 
revenue  streams  of  the  various  products,  services,  locations,  and  operations  on  a  company-wide  basis.  
Accordingly,  all  of  the  community  banking  and  wealth  management  and  trust  services  are  considered  by 
management  to  be  aggregated  into  one  reportable  operating  segment,  community  banking.    We  evaluated 
subsequent events through the date of filing with the Securities and Exchange Commission (“SEC”) and determined 
there were no subsequent events that required additional recognition or disclosure.

Accounting Changes and Reclassifications: Certain items in prior financial statements have been reclassified to 
conform  to  the  current  presentation,  including  the  reclassification  of  the  provision  for  credit  losses  on  unfunded 
commitments in the second quarter of 2021 from non-interest expense to a separate line item under the provision 
for credit losses on loans in the consolidated statements of comprehensive income (loss). 

Use of Estimates: The preparation of financial statements in conformity with U.S. GAAP requires management to 
make  estimates  and  assumptions  that  affect  the  reported  amounts  of  assets  and  liabilities  and  disclosure  of 
contingent  amounts  of  revenues  and  expenses  during  the  reporting  period.   Actual  results  could  differ  from  those 
estimates.  Significant accounting estimates reflected in the consolidated financial statements include the allowance 
for credit losses, fair value measurements, and goodwill impairment assessment, as discussed in the Notes herein.

Cash, Cash Equivalents and Restricted Cash: This includes cash, due from banks, federal funds sold and other 
short-term investments with maturities of less than three months at the time of purchase.  Restricted cash includes 
balances  not  immediately  available  for  business  operations  such  as  Federal  Reserve  Bank  of  San  Francisco 
reserve requirements and cash pledged for interest rate swap contracts and local agency deposits.

Investment Securities: Investment securities are classified as "held-to-maturity," "trading securities" or "available-
for-sale."    Investments  classified  as  held-to-maturity  are  those  that  we  have  the  ability  and  intent  to  hold  until 
maturity and are reported at cost, adjusted for the amortization or accretion of premiums or discounts.  Investments 
held for resale in anticipation of short-term market movements are classified as trading securities and are reported 
at fair value, with unrealized gains and losses included in earnings.  Investments that are neither held-to-maturity 
nor  trading  are  classified  as  available-for-sale  and  are  reported  at  fair  value.    Unrealized  gains  and  losses  for 
available-for-sale securities, net of related taxes, are reported as a separate component of comprehensive income 
(loss)  and  included  in  stockholders'  equity  until  realized.    For  discussion  of  our  methodology  in  determining  fair 
value, see Note 9, Fair Value of Assets and Liabilities.

Purchase  premiums  and  discounts  on  investment  securities  are  amortized  or  accreted  over  the  life  of  the  related 
security as an adjustment to yield using the effective interest method.  For certain callable debt securities purchased 
at a premium, we amortize the premium to the earliest call date.

Dividend and interest income are recognized when earned.  Realized gains and losses on the sale of securities are 
included in non-interest income.  The specific identification method is used to calculate realized gains and losses on 
sales of securities.

Securities transferred from the available-for-sale category to the held-to-maturity category are recorded at fair value 

59

 
at the date of transfer.  Unrealized holding gains or losses on the dates of the transfer of securities from available-
for-sale to held-to-maturity are included in the balance of accumulated other comprehensive income (loss), net of 
tax,  in  the  consolidated  balance  sheets.    These  unrealized  holding  gains  or  losses  on  the  dates  of  transfer  are 
amortized over the remaining life of the securities as yield adjustments in a manner consistent with the amortization 
or accretion of the original purchase premium or discount on the associated security.

Non-marketable  equity  securities  include  stock  held  for  membership  and  regulatory  purposes,  such  as  Federal 
Home Loan Bank ("FHLB") stock and other non-marketable equity securities. These securities are accounted for at 
cost, evaluated for impairment as of each reporting period, and included in interest receivable and other assets on 
the consolidated statements of condition.  During 2023, the Bank sold its remaining investment in Visa Inc. Class B 
restricted common stock, as discussed in Note 2 - Investment securities.   As of December 31, 2023 and 2022 our 
investment  in  FHLB  stock  was  carried  at  cost,  as  there  was  no  impairment  or  changes  resulting  from  observable 
price  changes  in  orderly  transactions  for  the  identical  or  a  similar  investment  of  the  same  issuer.    Both  cash  and 
stock dividends from the  FHLB are reported as non-interest income. 

Allowance  for  Credit  Losses  on  Investment  Securities:  The  allowance  for  credit  losses  on  held-to-maturity 
securities is a contra-asset valuation account determined in accordance with ASC 326, which is deducted from the 
securities'  amortized  cost  basis  at  the  balance  sheet  date  as  a  result  of  management's  assessment  of  the  net 
amount  expected  to  be  collected.    The  allowance  is  measured  on  a  pooled  basis  for  securities  with  similar  risk 
characteristics  using  historical  credit  loss  information,  adjusted  for  current  conditions  and  reasonable  and 
supportable forecasts.  Securities that are determined to be uncollectible are written off against the allowance.

For available-for-sale securities in an unrealized loss position ("impaired security"), we assess whether 1) we intend 
to sell the security, or, 2) it is more likely than not that we will be required to sell the security before recovery of its 
amortized cost basis.  Under either of these conditions, the security's amortized cost is written down to fair value 
through a charge to previously recognized allowances or earnings, as applicable.  For impaired securities that do 
not meet these conditions, we assess whether the decline in fair value was due to credit loss or other factors.  This 
assessment considers, among other things: 1) the extent to which the fair value is less than amortized cost, 2) the 
financial  condition  and  near-term  prospects  of  the  issuer,  3)  any  changes  to  the  rating  of  the  security  by  a  rating 
agency,  and  4)  our  intent  and  ability  to  retain  the  investment  for  a  period  of  time  sufficient  to  allow  for  any 
anticipated  recovery  in  fair  value.    If  the  present  value  of  cash  flows  expected  to  be  collected  is  less  than  the 
amortized  cost  basis,  a  credit  loss  exists  and  an  allowance  for  credit  losses  is  recorded  for  the  credit  loss 
component.  Any impairment due to non-credit-related factors that has not been recorded through an allowance for 
credit  losses  is  recognized  in  other  comprehensive  income  (loss).    The  discount  rate  used  in  determining  the 
present value of the expected cash flows is based on the effective interest rate implicit in the security at the date of 
purchase.

Accrued  interest  receivable  is  excluded  from  the  amortized  costs  and  fair  values  of  both  held-to-maturity  and 
available-for-sale securities and included in interest receivable and other assets on the consolidated statements of 
condition.    Investment  securities  are  placed  on  non-accrual  status  when  principal  or  interest  is  contractually  past 
due  more  than  ninety  days,  or  management  does  not  expect  full  payment  of  principal  and  interest.    We  do  not 
record an allowance for credit losses for accrued interest on investment securities, as the amounts are written-off 
when the investment is placed on non-accrual status.  There were no non-accrual investment securities in any of 
the years presented in the consolidated financial statements.

Originated Loans:  Loans are reported at amortized cost, which is the principal amount outstanding net of deferred 
fees  (costs),  purchase  premiums  (discounts)  and  net  charge-offs  (recoveries).   Amortized  cost  excludes  accrued 
interest, which is reflected in interest receivable and other assets in the consolidated statements of condition.  We 
do not measure an allowance for credit losses on accrued interest receivable balances because these balances are 
written  off  in  a  timely  manner  as  a  reduction  to  interest  income  when  loans  are  placed  on  non-accrual  status  as 
discussed  below.    Interest  income  is  accrued  daily  using  the  simple  interest  method.    Fees  collected  upon  loan 
origination and certain direct costs of originating loans are deferred and recognized over the contractual lives of the 
related  loans  as  yield  adjustments  using  the  interest  method  or  straight-line  method,  as  applicable.    Upon 
prepayment or other disposition of the underlying loans before their contractual maturities, any associated unearned 
fees or unamortized costs are recognized.

60

Acquired Loans: ASC 326 modified the accounting for purchased loans and requires that an allowance for credit 
losses  be  established  at  the  date  of  acquisition.    However,  for  purchased  financial  assets  with  a  more-than-
insignificant amount of credit deterioration since origination (“PCD assets”) that are measured at amortized cost, the 
initial allowance for credit losses is added to the purchase price rather than reported as a provision for credit losses.  
Subsequent  changes  in  the  allowance  for  credit  losses  on  PCD  assets  are  recognized  through  the  provision  for 
credit losses.

Past-Due and Non-Accrual Loan Policy:  A loan is considered past due when a payment has not been received 
by  the  contractual  due  date.    Loans  are  placed  on  non-accrual  status  when  management  believes  that  there  is 
substantial doubt as to the collection of principal or interest, generally when they become contractually past due by 
90 days or more with respect to principal or interest, except for loans that are well-secured and in the process of 
collection.    When  loans  are  placed  on  non-accrual  status,  any  accrued  but  uncollected  interest  is  reversed  from 
current-period  interest  income  and  the  amortization  of  deferred  loan  origination  fees  and  costs  is  suspended.  
Interest payments received on nonaccrual loans are either applied against principal or reported as interest income, 
according to management’s judgment as to the ultimate collectability of principal.  We may return non-accrual loans 
to accrual status when one of the following occurs:

•

The borrower has resumed paying the full amount of the principal and interest and we are satisfied with the 
borrower's financial position.  In order to meet this test, we must have received repayment of all past due 
principal and interest, unless the amounts contractually due are reasonably assured of repayment within a 
reasonable period of time, and there has been a sustained period of repayment performance (generally, six 
consecutive monthly payments), according to the original or modified contractual terms. 

•

The loan has become well secured and is in the process of collection.

Loan  Charge-Off  Policy:  For  all  loan  types  excluding  overdraft  accounts,  we  generally  make  a  charge-off 
determination at or before 90 days past due.  A collateral-dependent loan is partially charged down to the fair value 
of collateral securing it if:  (1) it is deemed uncollectable, or (2) it has been classified as a loss by either our internal 
loan  review  process  or  external  examiners.   A  non-collateral-dependent  loan  is  partially  charged  down  to  its  net 
realizable value under the same circumstances.  Overdraft accounts are generally charged off when they exceed 60 
days past due.

Collateral Dependent Loans:  A loan is collateral dependent when the borrower is experiencing financial difficulty 
and repayment is expected to be provided substantially through the sale or operation of the collateral.  For collateral 
dependent  loans,  including  those  for  which  management  determines  foreclosure  is  probable,  each  loan  is 
individually  evaluated  and  the  allowance  for  credit  losses  is  based  on  the  fair  value  of  the  collateral,  adjusted  for 
estimated selling costs when repayment is expected from the sale of the collateral, less the loan's amortized cost.  
In  determining  the  fair  value,  management  considers  such  information  as  the  appraised  value  of  the  collateral, 
observed and potential future changes in collateral value, and historical loss experience for loans that were secured 
by  similar  collateral.    Generally,  with  problem  credits  that  are  collateral  dependent,  we  obtain  appraisals  of  the 
collateral at least annually.  We may obtain appraisals more frequently if we believe the collateral value is subject to 
market volatility, if a specific event has affected the collateral, or if we believe foreclosure is imminent.

Allowance  for  Credit  Losses  on  Loans  ("ACL"):  The  ACL  is  a  valuation  account  that  is  deducted  from  the 
amortized  cost  basis  at  the  balance  sheet  date  to  present  the  net  amount  of  loans  expected  to  be  collected.  
Amortized  cost  does  not  include  accrued  interest,  which  management  elected  to  exclude  from  the  estimate  of 
expected credit losses (refer to the Past-Due and Non-Accrual Loan Policy section above).  Management estimates 
the  allowance  quarterly  using  relevant  available  information,  from  internal  and  external  sources,  relating  to  past 
events, current conditions, and reasonable and supportable forecasts.  Credit loss experience provides the basis for 
the estimation of expected credit losses. 

The ACL  model  utilizes  a  discounted  cash  flow  ("DCF")  method  to  measure  the  expected  credit  losses  on  loans 
collectively  evaluated  that  are  sub-segmented  by  loan  pools  with  similar  credit  risk  characteristics,  which  are 
generally comprised of federal regulatory reporting codes (i.e., Call codes).  Pooled segments include the following:

•

Loans secured by real estate:
-   1-4 family residential construction loans
-   Other construction loans and all land development and other land loans

61

-   Secured by farmland (including residential and other improvements)
-   Revolving, open-end loans secured by 1-4 family residential properties and extended under lines

of credit

-   Closed-end loans secured by 1-4 family residential properties, secured by first liens
-   Closed-end loans secured by 1-4 family residential properties, secured by junior liens
-   Secured by multifamily (5 or more) residential properties
-   Commercial real estate loans secured by owner-occupied non-farm nonresidential properties
-   Commercial real estate loans secured by other non-farm nonresidential properties
Loans to finance agricultural production and other loans to farmers
Commercial and industrial loans
Loans to individuals for household, family and other personal expenditures (i.e., consumer loans)

•
•
•
• Municipal entities
•
• Other loans (overdraft credit lines)

Non-profit organizations

The  DCF  method  incorporates  assumptions  for  probability  of  default  ("PD"),  loss  given  default  ("LGD"),  and 
prepayments and curtailments over the contractual terms of the loans.  Under the DCF method, the ACL reflects the 
difference  between  the  amortized  cost  basis  and  the  present  value  of  the  expected  cash  flows  using  the  loan's 
effective rate.  We elected to report the change in present values from one reporting period to the next due to the 
passage of time and changes in the estimate of future expected cash flows through the provision for credit losses, 
rather than though interest income.  

In determining the PD for each pooled segment, the Bank utilized regression analyses to identify certain economic 
drivers  that  were  considered  highly  correlated  to  historical  Bank  or  peer  loan  default  experience.    As  a  result, 
management  chose  the  California  unemployment  rate  as  the  primary  economic  forecast  driver  for  all  segments, 
except for municipal loans.  In addition, the annual percentage change in the California gross domestic product was 
used in the commercial and industrial loan segment.  For municipal loans, the ACL model utilized a constant default 
rate obtained from a nationally recognized default rate study, which is updated annually.  A third party provides LGD 
estimates  for  each  segment  based  on  a  banking  industry  Frye-Jacobs  Risk  Index  approach.    The  ACL  model 
incorporates  a  one-year  reasonable  and  supportable  forecast  of  economic  factors,  updated  quarterly,  which  is 
based  on  Moody's Analytics'  Baseline  Forecast.    For  periods  beyond  the  forecast  horizon,  the  economic  factors 
revert to historical averages on a straight-line basis over a one-year period.

Expected credit losses are estimated over the contractual term of the loans, adjusted for expected prepayments and 
curtailments, when appropriate.  The pooled loans' contractual loan terms exclude assumptions about extensions, 
renewals, and modifications.

Loans that do not share the same risk characteristics as pooled loans are evaluated individually for credit loss and 
generally  include  all  non-accrual  loans,  collateral  dependent  loans,  and  certain  modified  loans  and  loans  graded 
substandard or worse, as determined by management.

Management  considers  whether  adjustments  to  the  quantitative  portion  of  the ACL  are  needed  for  differences  in 
segment-specific  risk  characteristics  or  to  reflect  the  extent  to  which  it  expects  current  conditions  and  reasonable 
and  supportable  forecasts  of  economic  conditions  to  differ  from  the  conditions  that  existed  during  the  historical 
period included in the development of PD and LGD.  Qualitative internal and external risk factors include, but are 
not limited to, the following:

•
•

•
•

•
•
•

•

Changes in the nature and volume of the loan portfolio
Changes in the volume and severity of past due loans, the volume of non-accruals loans, and the volume 
and severity of adversely classified or graded loans
The existence and effect of individual loan and loan segment concentrations
Changes  in  lending  policies  and  procedures,  including  changes  in  underwriting  standards  and  collection, 
charge-off, and recovery practices not considered elsewhere
Changes in the experience, ability, and depth of lending management and other relevant staff
Changes in the quality of our systematic loan review processes
Changes  in  economic  and  business  conditions,  and  developments  that  affect  the  collectability  of  the 
portfolio
Changes in the value of underlying collateral, where applicable

62

•

•

•

The  effect  of  other  external  factors  such  as  legal  and  regulatory  requirements  on  the  level  of  estimated 
credit losses in the portfolio
The  effect  of  acquisitions  of  other  loan  portfolios  on  our  infrastructure,  including  risk  associated  with 
entering new geographic areas as a result of such acquisitions
The presence of specialized lending segments in the portfolio

There  were  no  material  changes  to  the  ACL  methodology  during  2023.    However,  assumptions  that  mainly 
influenced  management's  current  estimate  of  the  expected  credit  losses  were  primarily  adjustments  to  qualitative 
risk factors from continued uncertainty about inflation and recession risks, the potential impact of rapidly increasing 
interest rates and other external factors on both our non-owner-occupied commercial real estate and construction 
portfolios,  loan  and  collateral  concentration  risks  in  our  construction  and  commercial  real  estate  portfolios, 
heightened  portfolio  management  in  light  of  current  economic  conditions,  and  continued  negative  trends  in 
adversely graded loans and/or collateral values for our non-owner occupied commercial real estate office and multi-
family  real  estate  portfolios.    Other  elements  of  the  estimated  current  expected  credit  losses  included  increased 
allowances  for  individually  analyzed  loans  exhibiting  unique  credit  risk  characteristics  and  a  slight  increase  in 
Moody's Analytics' Baseline Forecast of California's unemployment rate, partially offset by the impact of an overall 
decrease  in  loans.    While  we  believe  we  use  the  best  information  available  to  determine  the  allowance  for  credit 
losses,  our  results  of  operations  could  be  significantly  affected  if  circumstances  differ  substantially  from  the 
assumptions  used  in  determining  the  allowance.    Our ACL  model  is  sensitive  to  changes  in  unemployment  rate 
forecasts and certain other assumptions that could result in material fluctuations in the allowance for credit losses 
and adversely affect our financial condition and results of operations.

As  discussed  in  the  Other  Recently  Adopted  Accounting  Standards  section  below,  as  of  January  1  2023,  we 
adopted ASU No. 2022-02 under which the concept of troubled debt restructured loans and its impact on the ACL 
calculation was eliminated in favor of the disclosure of certain loan modifications made to borrowers experiencing 
financial difficulty. Such modified loans are now subject to the Bank's standard ACL process, as outlined above. 

For further information regarding the allowance for loan losses, see Note 3, Loans and Allowance for Loan Losses.

Allowance  for  Credit  Losses  on  Unfunded  Loan  Commitments:    We  make  commitments  to  extend  credit  to 
meet  the  financing  needs  of  our  customers  in  the  form  of  loans  or  standby  letters  of  credit.    We  are  exposed  to 
credit  losses  over  a  loan's  contractual  period  in  the  event  that  a  decline  in  credit  quality  of  the  borrower  leads  to 
nonperformance.    We  record  an  allowance  for  losses  on  unfunded  loan  commitments  at  the  balance  sheet  date 
based  on  estimates  of  probability  that  these  commitments  will  be  drawn  upon  according  to  historical  utilization 
experience  of  different  types  of  commitments  and  expected  loss  severity  and  loss  rates  determined  for  pooled 
funded loans.  The allowance for credit losses on unfunded commitments is a liability account included in interest 
payable and other liabilities on the consolidated statements of condition.  Adjustments to the allowance for unfunded 
commitments  are  included  in  non-interest  expense  as  a  provision  for  (or  reversal  of)  the  allowance  for  unfunded 
commitments. 

Transfers  of  Financial  Assets:  We  have  entered  into  certain  loan  participation  agreements  with  other 
organizations.    We  account  for  these  transfers  of  financial  assets  as  sales  when  control  over  the  transferred 
financial assets has been surrendered.  Control over transferred assets is deemed to be surrendered when 1) the 
assets and liabilities have been isolated from us, 2) the transferee has the right to pledge or exchange the assets 
(or beneficial interests) it received, free of conditions that constrain it from taking advantage of that right, beyond a 
trivial benefit and 3) we do not maintain effective control over the transferred financial assets or third-party beneficial 
interests related to those transferred assets.  Transfers of a portion of a loan must meet the criteria of a participating 
interest. If it does not meet the criteria of a participating interest, the transfer must be accounted for as a secured 
borrowing.  In  order  to  meet  the  criteria  for  a  participating  interest,  all  cash  flows  from  the  loan  must  be  divided 
proportionately,  the  rights  of  each  loan  holder  must  have  the  same  priority,  and  the  loan  holders  must  have  no 
recourse to the transferor other than standard representations and warranties and no loan holder has the right to 
pledge or exchange the entire loan.  We recognized no gains or losses on the sale of these participation interests in 
2023, 2022 and 2021.

Premises  and  Equipment:  Land  is  carried  at  cost  and  not  depreciated.    Bank-owned  buildings,  leasehold 
improvements,  furniture,  fixtures,  software  and  equipment  and  are  stated  at  cost,  less  accumulated  depreciation, 
and  depreciated/amortized  on  a  straight-line  basis.    Furniture  and  fixtures  are  depreciated  over  eight  years  and 

63

equipment is generally depreciated over three to twenty years.  Bank-owned buildings are depreciated over twenty-
five  to  thirty  years.    Leasehold  improvements  are  amortized  over  the  lesser  of  their  estimated  useful  lives  or  the 
terms of the leases.  When assets are sold or otherwise disposed of, the cost and related accumulated depreciation 
or amortization are removed from the accounts and any resulting gain or loss is recognized in income for the period.  
The cost of maintenance and repairs is charged to expense as incurred.

Leases:  We  lease  certain  premises  under  long-term  non-cancelable  operating  leases,  most  of  which  include 
escalation clauses and one or more options to extend the lease term, and some of which contain lease termination 
clauses.    Only  those  renewal  and  termination  options  that  management  determines  are  reasonably  certain  of 
exercising are included in the calculation of the lease liability.  In addition, we lease certain equipment under finance 
leases.  The equipment finance lease terms do not contain renewal options, bargain purchase options or residual 
value guarantees.  We did not have any significant short-term leases during the reported periods.

Lease right-of-use assets represent the right to use the underlying asset while lease liabilities represent the present 
value of future lease obligations.  We elected not to separate non-lease components from lease components and to 
exclude  short-term  leases  (i.e.,  lease  term  of  12  months  or  less  at  the  commencement  date)  from  right-of-use 
assets  and  lease  liabilities  for  all  lease  classifications.    When  calculating  the  lease  liability,  because  most  lease 
contracts do not contain an implicit interest rate, we discount lease payments over a lease's expected term based 
on  the  collateralized  Federal  Home  Loan  Bank  borrowing  rate  that  was  commensurate  with  lease  terms  and 
minimum payments at the lease commencement date.  Right-of-use assets for operating leases are amortized over 
the lease term by amounts that represent the difference between periodic straight-line lease expense and periodic 
interest  accretion  on  the  related  liability  to  make  lease  payments,  whereas  finance  leases  are  amortized  on  a 
straight-line basis over the term of the lease.  Expense recognition for operating leases is recorded on a straight-line 
basis  while  expense  recognition  for  finance  leases  represents  the  sum  of  periodic  amortization  of  the  associated 
right-of-use  asset  and  the  interest  accretion  on  the  lease  liability.    Refer  to  Note  12,  Commitments  and 
Contingencies, for further information.

Business Combinations:  Business combinations are accounted for under the acquisition method of accounting in 
accordance with ASC 805, Business Combinations.  A business is defined as a set of activities and assets that is 
both  self-sustaining  and  managed  to  provide  a  return  to  investors  and  generally  has  three  elements:  inputs, 
processes and outputs. Under the acquisition method, the acquiring entity in a business combination recognizes the 
acquired assets and assumed liabilities at their estimated fair values as of the date of acquisition.  Any excess of the 
purchase  price  over  the  fair  value  of  net  assets  and  other  identifiable  intangible  assets  acquired  is  recorded  as 
goodwill.    To  the  extent  the  fair  value  of  net  assets  acquired,  including  other  identifiable  assets,  exceed  the 
purchase  price,  a  bargain  purchase  gain  is  recognized.   Assets  acquired  and  liabilities  assumed  from  a  business 
combination  are  recognized  at  fair  value.    Results  of  operations  of  an  acquired  business  are  included  in  the 
consolidated  statements  of  operations  from  the  date  of  acquisition.    Business  acquisition-related  costs,  including 
conversion and restructuring charges, are expensed as incurred.  If substantially all of an acquisition is made up of 
one asset or several similar assets, or without a substantive process that together contributes to the ability to create 
outputs, the acquisition is accounted for as an asset acquisition and acquisition costs will be capitalized as part of 
the assets acquired, rather than expensed in a business combinations.

Goodwill  and  Other  Intangible  Assets:  Goodwill  arises  from  the  acquisition  method  of  accounting  for  business 
combinations and represents the excess of the fair value of the consideration transferred, plus the fair value of any 
noncontrolling interests in the acquiree, over the fair value of the net assets acquired and liabilities assumed as of 
the  acquisition  date.    Goodwill  is  deemed  to  have  an  indefinite  life,  is  not  subject  to  amortization,  and  as  such  is 
tested for impairment at least annually or more frequently if events and circumstances lead management to believe 
the value of goodwill may be impaired.  Goodwill is the only intangible asset with an indefinite life recorded in the 
Company’s  consolidated  statements  of  financial  condition.  Impairment  testing  is  performed  at  the  reporting  unit 
level. Management considered the Company to be its sole reporting unit for the year ended December 31, 2023. 

Management’s  assessment  of  goodwill  impairment  is  performed  in  accordance  with  ASC  350-20,  Intangibles  - 
Goodwill and Other - Goodwill and encompasses a two-step process. First, the Company has the option to perform 
a qualitative assessment to evaluate relevant events or circumstances to determine whether it is more likely than 
not the fair value of the Company is less than its carrying amount, including goodwill. The factors considered in the 
qualitative assessment typically include macroeconomic conditions, industry and market conditions and the overall 
financial performance of the Company, among other factors. If the Company determines that it is more likely than 

64

not  the  fair  value  of  the  Company  may  be  less  than  its  carrying  amounts,  then  it  proceeds  to  the  quantitative 
impairment test, whereby it calculates the fair value of the Company.  Under GAAP, in its performance of impairment 
testing, management has the unconditional option to proceed directly to the quantitative impairment test, bypassing 
the qualitative assessment. If the carrying amount of the Company exceeds its fair value, the amount by which the 
carrying  amount  exceeds  fair  value,  up  to  the  carrying  value  of  goodwill,  is  recorded  through  earnings  as  an 
impairment charge recorded in non-interest expense.  If the results of the qualitative assessment indicate that it is 
not more likely than not that an impairment has occurred, or if the quantitative impairment test results in a fair value 
of the Company that is greater than the carrying amount, then no impairment charge is recorded.

The  Company  performs  its  annual  goodwill  impairment  test  as  of  November  30th  each  year.    Due  to  the  market 
volatility experienced in the banking sector during 2023, the Company elected to bypass a qualitative assessment of 
goodwill  and  proceed  directly  to  a  quantitative  assessment,  the  results  of  which  indicated  that  goodwill  totaling 
$72.8 million was not impaired as of December 31, 2023, and there were no changes to our assessment through 
December 31, 2023.  In addition, the Company recorded no goodwill impairment for the years ended December 31, 
2022, and 2021.   

Core  deposit  intangibles  ("CDI")  arising  from  the  acquisition  of  other  financial  institutions  are  considered  to  have 
definite useful lives  and are amortized on an accelerated method over their estimated useful life of  ten  years.  At 
December 31, 2023, the future estimated amortization expense for the CDI arising from our past acquisitions was 
as follows:

(in thousands)

2024

2025

2026

2027

2028

Thereafter

Total

Core deposit intangible amortization

$ 

975  $ 

875  $ 

773  $ 

634  $ 

242  $ 

267  $ 

3,766 

The  CDI  represents  the  estimated  future  benefit  of  deposits  related  to  an  acquisition  and  is  recorded  separately 
from the related deposits and evaluated at least annually or when events and circumstances change.  We recorded 
no impairment adjustments for the CDI in 2023, 2022 and 2021.

Other Real Estate Owned ("OREO"): OREO is comprised of property acquired through a business combination, 
foreclosure,  in  substance  repossession  or  acceptance  of  deeds-in-lieu  of  foreclosure  when  the  related  loan 
receivable  is  de-recognized.    OREO  is  recorded  at  fair  value  of  the  collateral  less  estimated  costs  to  sell, 
establishing a new cost basis, and subsequently accounted for at the lower of cost or fair value less estimated costs 
to sell.  Any shortfall of collateral value from the recorded investment of the related loan is recognized as loss at the 
time of foreclosure and is charged against the allowance for loan losses.  Fair value of collateral is generally based 
on  an  independent  appraisal  of  the  property.    Revenues  and  expenses  associated  with  OREO,  and  subsequent 
adjustments to the fair value of the property and to the estimated costs of disposal, are realized and reported as a 
component of non-interest income and expense when incurred.  We recorded a $40 thousand and $345 thousand 
valuation adjustment to OREO in 2023 and 2022, respectively.  In July 2023, the Bank completed the sale of its only 
OREO property.

Bank  Owned  Life  Insurance  ("BOLI"):  The  Bank  owns  life  insurance  policies  on  certain  key  current  and  former 
officers.  BOLI is recorded in interest receivable and other assets on the consolidated statements of condition at the 
amount that can be realized under the insurance contract at period-end, which is the cash surrender value adjusted 
for other charges or amounts due that are probable at settlement.

Investments  in  Low  Income  Housing  Tax  Credit  Funds:  We  have  invested  in  limited  partnerships  that  were 
formed  to  develop  and  operate  affordable  housing  projects  for  low  or  moderate-income  tenants  throughout 
California.  Our ownership percentage in each limited partnership ranges from 1.0% to 3.5%.  We account for the 
investments in qualified affordable housing tax credit funds using the proportional amortization method, where the 
initial  cost  of  the  investment  is  amortized  in  proportion  to  the  tax  credits  and  other  tax  benefits  received.    Low 
income housing tax credits and other tax benefits received, net of the amortization of the investment is recognized 
as  part  of  income  tax  benefit.    Each  of  the  partnerships  must  meet  the  regulatory  minimum  requirements  for 
affordable housing for a minimum 15-year compliance period to fully utilize the tax credits.  If the partnerships cease 
to  qualify  during  the  compliance  period,  the  credit  may  be  denied  for  any  period  in  which  the  project  is  not  in 
compliance  and  a  portion  of  the  credit  previously  taken  is  subject  to  recapture  with  interest.    We  record  an 
impairment charge if the value of the future tax credits and other tax benefits is less than the carrying value of the 
investments.

65

Employee  Stock  Ownership  Plan  (“ESOP”):  We  recognize  compensation  cost  for  ESOP  contributions  when 
funds  become  committed  for  the  purchase  of  Bancorp's  common  shares  into  the  ESOP  in  the  year  in  which  the 
employees render service entitling them to the contribution.  If we contribute stock, the compensation cost is the fair 
value of the shares when they are committed to be released (i.e., when the number of shares becomes known and 
formally approved).  In 2023, 2022 and 2021, Bancorp only made stock contributions to the ESOP.

Income  Taxes:  Income  taxes  reported  in  the  consolidated  financial  statements  are  computed  based  on  an  asset 
and liability approach.  We recognize the amount of taxes payable or refundable for the current year and we record 
deferred  tax  assets  and  liabilities  for  future  tax  consequences  attributable  to  differences  between  the  financial 
statement carrying amount of existing assets and liabilities and their respective tax bases using enacted tax rates in 
effect for the year in which the temporary differences are expected to reverse.  We record net deferred tax assets to 
the extent it is more likely than not that they will be realized.  In evaluating our ability to recover the deferred tax 
assets and the need to establish a valuation allowance against the deferred tax assets, management considers all 
available  positive  and  negative  evidence,  including  scheduled  reversals  of  deferred  tax  liabilities,  projected  future 
taxable  income,  and  tax  planning  strategies.    In  projecting  future  taxable  income,  management  develops 
assumptions  including  the  amount  of  future  state  and  federal  pretax  operating  income,  the  reversal  of  temporary 
differences,  and  the  implementation  of  feasible  and  prudent  tax  planning  strategies.    These  assumptions  require 
significant judgment about the forecasts of future taxable income and are consistent with the plans and estimates 
being used to manage the underlying business.  Bancorp files consolidated federal and combined state income tax 
returns. 

We recognize the financial statement effect of a tax position when it is more likely than not, based on the technical 
merits  and  all  available  evidence,  that  the  position  will  be  sustained  upon  examination,  including  the  resolution 
through protests, appeals or litigation processes.  For tax positions that meet the more likely than not threshold, we 
measure and record the largest amount of tax benefit that is greater than fifty percent likely of being realized upon 
ultimate settlement with the taxing authority.  The remainder of the benefits associated with tax positions taken is 
recorded as unrecognized tax benefits, along with any related interest and penalties.  Interest and penalties related 
to unrecognized tax benefits are recorded in tax expense.

In  deciding  whether  or  not  our  tax  positions  taken  meet  the  more  likely  than  not  recognition  threshold,  we  must 
make judgments and interpretations about the application of inherently complex state and federal tax laws.  To the 
extent tax authorities disagree with tax positions taken by us, our effective tax rates could be materially affected in 
the  period  of  settlement  with  the  taxing  authorities.    Revision  of  our  estimate  of  accrued  income  taxes  also  may 
result  from  our  own  income  tax  planning,  which  may  affect  effective  tax  rates  and  results  of  operations  for  any 
reporting period.

We  present  an  unrecognized  tax  benefit  as  a  reduction  of  a  deferred  tax  asset  for  a  net  operating  loss  ("NOL") 
carryforward,  or  similar  tax  loss  or  tax  credit  carryforward,  rather  than  as  a  liability,  when  (1)  the  uncertain  tax 
position  would  reduce  the  NOL  or  other  carryforward  under  the  tax  law  of  the  applicable  jurisdiction  and  (2)  we 
intend to and are able to use the deferred tax asset for that purpose.  Otherwise, the unrecognized tax benefit is 
presented as a liability instead of being netted with deferred tax assets.

Earnings  per  share  (“EPS”):  EPS  is  based  upon  the  weighted  average  number  of  common  shares  outstanding 
during  each  year.   The  following  table  shows:    1)  weighted  average  basic  shares,  2)  potentially  dilutive  weighted 
average common shares related to stock options and unvested restricted stock awards, and 3) weighted average 
diluted  shares.    Basic  EPS  are  calculated  by  dividing  net  income  by  the  weighted  average  number  of  common 
shares  outstanding  during  each  annual  period,  excluding  unvested  restricted  stock  awards.    Diluted  EPS  are 
calculated  using  the  weighted  average  number  of  potentially  dilutive  common  shares.    The  number  of  potentially 
dilutive  common  shares  included  in  year-to-date  diluted  EPS  is  a  year-to-date  weighted  average  of  potentially 
dilutive common shares included in each quarterly diluted EPS computation.  In computing diluted EPS, we exclude 
anti-dilutive shares such as options whose exercise prices exceed the current common stock price, as they would 
not  reduce  EPS  under  the  treasury  stock  method.    We  have  two  forms  of  outstanding  common  stock:    common 
stock  and  unvested  restricted  stock  awards.    Holders  of  unvested  restricted  stock  awards  receive  non-forfeitable 
dividends at the same rate as common shareholders and they both share equally in undistributed earnings.  Under 
the two-class method, the difference in EPS is nominal for these participating securities.

66

(in thousands, except per share data)

Weighted average basic common shares outstanding

Potentially dilutive common shares related to:

Stock options

Unvested restricted stock awards

Weighted average diluted common shares outstanding

Net income

Basic EPS

Diluted EPS

Weighted average anti-dilutive common shares not included in the calculation of diluted EPS

2023

2022

2021

16,012   

15,921   

14,340 

3   

11   

31   

17   

62 

20 

16,026   

15,969   

14,422 

$  19,895  $  46,586  $  33,228 

$ 

$ 

1.24  $ 

1.24  $ 

364   

2.93  $ 

2.92  $ 

211   

2.32 

2.30 

97 

Share-Based  Compensation:  All  share-based  payments,  including  stock  options  and  restricted  stock,  are 
recognized as stock-based compensation expense in the consolidated statements of comprehensive income (loss) 
based on the grant-date fair value of the award with a corresponding increase in common stock.  The grant-date fair 
value  of  the  award  is  amortized  on  a  straight-line  basis  over  the  requisite  service  period,  which  is  generally  the 
vesting  period.    The  stock-based  compensation  expense  excludes  stock  grants  to  directors  as  compensation  for 
their  services,  which  are  recognized  as  director  expenses  separately  based  on  the  grant-date  value  of  the  stock.  
We  account  for  forfeitures  as  they  occur.    See  Note  8,  Stockholders'  Equity  and  Stock  Option  Plans,  for  further 
discussion.

We determine the fair value of stock options at the grant date using a Black-Scholes pricing model that takes into 
account the stock price at the grant date, exercise price, expected life of the option, volatility of the underlying stock, 
expected dividend yield and risk-free interest rate over the expected life of the option.  The expected term of options 
granted is derived from historical data on employee exercises and post-vesting employment termination behavior.  
The risk-free rate for periods within the expected life of the option is based on the U.S. Treasury yield curve in effect 
at the time of the grant.  Expected volatility is based on the historical volatility of the common stock over the most 
recent  period  that  is  generally  commensurate  with  the  expected  life  of  the  options.    The  Black-Scholes  option 
valuation model requires the input of highly subjective assumptions, including the expected life of the stock-based 
award and stock price volatility.  The assumptions used represent management's best estimates based on historical 
information, but these estimates involve inherent uncertainties and the application of management's judgment.  As a 
result,  if  other  assumptions  had  been  used,  the  recorded  stock-based  compensation  expense  could  have  been 
materially different from that recorded in the consolidated financial statements.  The fair value of restricted stock is 
based on the stock price on the grant date.

We  record  excess  tax  benefits  resulting  from  the  exercise  of  non-qualified  stock  options,  the  disqualifying 
disposition  of  incentive  stock  options  and  vesting  of  restricted  stock  awards  as  tax  benefits  in  the  consolidated 
statements of comprehensive income (loss) with a corresponding decrease to current taxes payable.  In addition, 
we reflect excess tax benefits as an operating activity in the consolidated statements of cash flows.

Cash paid for tax withholdings when shares are surrendered in a cashless stock option exchange is classified as a 
financing activity in the consolidated statements of cash flows.

Derivative  Financial  Instruments  and  Hedging  Activities  -  Fair  Value  Hedges:  All  of  our  interest  rate  swap 
contracts are designated and qualified as fair value hedges.  The terms of our loan interest rate swap contracts are 
closely  aligned  to  the  terms  of  the  designated  fixed-rate  loans.    The  hedging  relationships  are  tested  for 
effectiveness  on  a  quarterly  basis  using  a  qualitative  approach.   The  qualitative  analysis  includes  verification  that 
there are no changes to the derivative's or hedged item's key terms and conditions and no adverse developments 
regarding  risk  of  counterparty  default,  and  validation  that  we  continue  to  have  fair  value  hedge  designation.    Our 
rate swaps on available-for-sale securities were  designated as partial term fair value hedges and structured such 
that  the  changes  in  fair  value  of  the  interest  rate  swaps  are  expected  to  be  perfectly  effective  in  offsetting  the 
changes in the fair value of the hedged items attributable to changes in the swap rate.  Because the hedges met the 
criteria for using the shortcut method, there is no need to periodically reassess effectiveness during the term of the 
hedges. 

The  interest  rate  swaps  are  carried  on  the  consolidated  statements  of  condition  at  their  fair  value  in  other  assets 
(when  the  fair  value  is  positive)  or  in  other  liabilities  (when  the  fair  value  is  negative).    For  fair  value  designated 

67

 
 
 
 
 
hedges, the gain or loss on the hedging instruments, as well as the offsetting loss or gain on the hedged items, are 
recognized in current earnings as fair values change. 

For  derivative  instruments  executed  with  the  same  counterparty  under  a  master  netting  arrangement,  we  do  not 
offset fair value amounts of interest rate swaps in liability positions with the ones in asset positions.

From  time  to  time,  we  make  firm  commitments  to  enter  into  long-term  fixed-rate  loans  with  borrowers  backed  by 
yield  maintenance  agreements  and  simultaneously  enter  into  forward  interest  rate  swap  agreements  with 
correspondent banks to mitigate the change in fair value of the yield maintenance agreement.  Prior to loan funding, 
yield maintenance agreements with net settlement features that meet the definition of a derivative are considered as 
non-designated  hedges  and  are  carried  on  the  consolidated  statements  of  condition  at  their  fair  value  in  other 
assets (when the fair value is positive) or in other liabilities (when the fair value is negative).  The offsetting changes 
in the fair value of the forward swap and the yield maintenance agreement are recorded in interest income.  When 
the fixed-rate loans are originated, the forward swaps are designated to offset the change in fair value in the loans.  
Subsequent to the point of the swap designations, the fair value of the related yield maintenance agreements at the 
designation date that was recorded in other assets is amortized using the effective yield method over the life of the 
respective designated loans.  

For further detail, refer to Note 14, Derivative Financial Instruments and Hedging Activities.

Revenue Recognition: We utilize the following five-step model for non-financial instrument related revenue that is 
in scope for ASC 606, Revenue from Contracts with Customers: 1) identify the contract, 2) identify the performance 
obligations in the contract, 3) determine the transaction price, 4) allocate the transaction price to the performance 
obligations in the contract, and, 5) recognize revenue when (or as) the entity satisfies the performance obligation. 
Our main revenue streams in scope for ASC 606 include:

• Wealth  management  and  trust  services  ("WMTS")  fees  -  WMTS  services  include,  but  are  not  limited  to: 
customized  investment  advisory  and  management;  administrative  services  such  as  bill  pay  and  tax 
reporting; trust administration, estate settlement, custody and fiduciary services.  Performance obligations 
for investment advisory and management services are generally satisfied over time.  Revenue is recognized 
monthly according to a tiered fee schedule based on the client's month-end market value of assets under 
our management.  WMTS does not earn revenue based on performance or incentives.  Costs associated 
with  WMTS  revenue-generating  activities,  such  as  payments  to  sub-advisors,  are  recorded  separately  as 
part of professional service expenses when incurred.

•

•

Deposit  account  service  charges  -  Service  charges  on  deposit  accounts  consist  of  monthly  maintenance 
fees, business account analysis fees, business online banking fees, check order charges, and other deposit 
account-related fees.  Performance obligations for monthly maintenance fees and account analysis fees are 
satisfied, and the related revenue recognized, when we complete our performance obligation each month.  
Performance obligations related to transaction-based services (such as check orders) are satisfied, and the 
related  revenue  recognized,  at  a  point  in  time  typically  when  the  transaction  is  completed,  except  for 
business  accounts  subject  to  analysis  where  the  transaction-based  fees  are  part  of  the  monthly  account 
analysis fees.

Debit  card  interchange  fees  -  We  issue  debit  cards  to  our  consumer  and  small  business  customers  that 
allow them to purchase goods and services from merchants in person, online, or via mobile devices using 
funds held in their demand deposit accounts held with us.  Debit cards issued to our customers are part of 
global electronic payment networks (such as Visa) who pass a portion of the merchant interchange fees to 
debit  card-issuing  member  banks  like  us  when  our  customers  make  purchases  through  their  networks.  
Performance  obligations  for  debit  card  services  are  satisfied  and  revenue  is  recognized  daily  as  the 
payment networks process transactions.  Because we act in an agent capacity, we recognize network costs 
on a net basis with interchange fees in non-interest income.

Advertising Costs: Advertising costs are expensed as incurred.  For the years ended December 31, 2023, 2022, 
and 2021, advertising costs totaled $1.2 million, $1.1 million, and $908 thousand, respectively.
Comprehensive  Income  (Loss):  Comprehensive  income  (loss)  primarily  includes  net  income,  changes  in  the 
unrealized gains or losses on available-for-sale investment securities, reclassification adjustment for gains or losses 

68

on  fair  value  hedges,  reclassification  adjustment  for  realized  (gains)  losses  on  available-for-sale  securities  in  net 
income, and amortization of net unrealized gains or losses on securities transferred from available-for-sale to held-
to-maturity,  net  of  related  taxes,  reported  on  the  consolidated  statements  of  comprehensive  income  (loss)  and  as 
components of stockholders' equity.

Fair Value Measurements: We use fair value measurements to record fair value adjustments to certain assets and 
liabilities and to determine fair value disclosures.  We base our fair values on the price that would be received to sell 
an asset or paid to transfer a liability in an orderly transaction between market participants at the measurement date 
(i.e.,  exit  price  notion)  reflecting  factors  such  as  a  liquidity  premium.    Securities  available-for-sale  and  derivatives 
are recorded at fair value on a recurring basis.  Equity investments that do not have readily determinable fair values 
are  recorded  at  cost  minus  impairment,  if  any,  plus  or  minus  changes  resulting  from  observable  price  changes  in 
orderly transactions for the identical or a similar investment of the same issuer.  FHLB stock was carried at cost as 
of December 31, 2023, as there was no impairment or changes resulting from observable price changes in orderly 
transactions  for  an  identical  or  similar  investment  of  the  same  issuer.   Additionally,  from  time  to  time,  we  may  be 
required to record certain assets and liabilities at fair value on a non-recurring basis, such as purchased loans and 
acquired  deposits  recorded  at  acquisition  date,  certain  collateral  dependent  loans,  other  real  estate  owned  and 
securities  held-to-maturity  that  are  other-than-temporarily  impaired.    These  non-recurring  fair  value  adjustments 
typically involve write-downs of individual assets due to application of lower-of-cost or market accounting. 

When we develop our fair value measurement process, we maximize the use of observable inputs.  Whenever there 
is no readily available market data, we use our best estimates and assumptions in determining fair value, but these 
estimates  involve  inherent  uncertainties  and  the  application  of  management's  judgment.    As  a  result,  if  other 
assumptions had been used, our recorded earnings or disclosures could have been materially different from those 
reflected in these consolidated financial statements.  

Other Recently Adopted Accounting Standards

In  March  2022,  the  FASB  issued ASU  No.  2022-02,  Financial  Instruments  -  Credit  Losses  (Topic  326):  Troubled 
Debt Restructurings and Vintage Disclosures.  The amendment eliminated the recognition measurement guidance 
for  troubled  debt  restructured  ("TDR")  loans  and  instead  enhanced  disclosure  requirements  for  certain  loan 
modifications when a borrower is experiencing financial difficulty.  In addition, the amendment required that an entity 
include in its vintage disclosures the current period gross loan charge-offs by year of origination.  We early adopted 
the current period charge-off disclosures in the first quarter of 2022.  We adopted the loan modification provisions as 
of January 1, 2023 using a modified retrospective method.  The cumulative-effect adjustment to retained earnings 
was  considered  immaterial.    Refer  to  Note  5,  Loans  and  Allowance  for  Credit  Losses  on  Loans,  for  additional 
information.

In  March  2022,  the  FASB  issued ASU  No.  2022-01,  Derivatives  and  Hedging  (Topic  815):  Fair  Value  Hedging  - 
Portfolio  Layer  Method.   Among  other  things,  the ASU  renamed  the  "last-of-layer"  method  to  the  "portfolio  layer" 
method  and  made  fair  value  hedging  more  accessible  for  hedge  accounting  of  interest  rate  risk  for  portfolios  and 
financial assets.  For example, the guidance permits an entity to apply the same portfolio hedging method to both 
prepayable and non-prepayable financial assets, thereby providing for consistency between accounting for similar 
hedges.  We adopted the amendments on January 1, 2023, which had no effect on our existing hedge accounting, 
disclosures, financial condition or results of operations.

In  March  2020,  the  FASB  issued  Accounting  Standards  Update  ("ASU")  No.  2020-04,  Reference  Rate  Reform 
(Topic 848).  The amendments in this ASU are elective and provide optional guidance for a limited period of time to 
ease the potential burden of accounting for, or recognizing the effects of reference rate reform.  The amendments in 
this ASU  provide  optional  expedients  and  exceptions  for  applying  GAAP  to  contracts,  hedging  relationships,  and 
other  transactions  that  reference  LIBOR  or  another  reference  rate  expected  to  be  discontinued  because  of 
reference  rate  reform.    Topic  848  was  further  amended  in  January  2021  with ASU  No.  2021-01,  which  provided 
additional guidance on certain optional expedients and scope of derivative instruments, and in December 2022 with 
ASU 2022-06, which extended the sunset date of Topic 848 to December 31, 2024 given the UK Financial Conduct 
Authority  ("FCA")  March  2021  announcement  that  the  intended  cessation  date  of  certain  tenors  of  USD  LIBOR 
would be June 30, 2023.  An entity may elect the amendments in these updates at an interim period with adoption 
methods varying based on transaction type.  As of December 31, 2023, we had three interest rate swap contracts 
with notional values totaling $8.6 million that were indexed to LIBOR, which transitioned to the Secured Overnight 

69

Financing Rate ("SOFR") effective July 1, 2023.  The transition to SOFR did not have a material impact to either our 
financial condition or results of operations.

Accounting Standards Not Yet Effective

In June 2022, the FASB issued ASU No. 2022-03, Fair Value Measurement (Topic 820): Fair Value Measurement of 
Equity  Securities  Subject  to  Contractual  Sale  Restrictions.    The  amendment  reduces  diversity  in  practice  by 
clarifying that a separate contractual restriction on the sale of an equity security is not considered part of the unit of 
account  of  the  equity  security  and,  therefore,  is  not  considered  in  measuring  fair  value.    In  addition,  this  ASU 
provided amended examples to illustrate that a restriction that is a characteristic of the equity security, which market 
participants would take into account when pricing them, would be considered in measuring fair value. This ASU also 
introduces  new  disclosure  requirements.  The  amendments  are  effective  prospectively  for  years  beginning  after 
December 15, 2023.  Early adoption is permitted for both interim and annual financial statements.  As discussed in 
Note 2, Investment Securities, in July 2023 we sold our remaining shares of Visa Inc. Class B restricted common 
stock.  As a result of the sale, this update will not impact our financial condition, results of operations or disclosures.

In  March  2023,  the  FASB  issued  ASU  No.  2023-01,  Leases  (Topic  842):  Common  Control  Arrangements.    For 
public companies, the amendment requires entities to amortize leasehold improvements associated with common 
control lease arrangements over the useful life of the improvements to the common control group, as opposed to 
the shorter of the remaining lease term and the useful life of the improvements for all other operating leases.  The 
amendments are effective for years beginning after December 15, 2023, and may be adopted either prospectively 
or retrospectively.  Early adoption is permitted for both interim and annual financial statements.  We currently do not 
have  common  control  lease  arrangements,  and  therefore  do  not  anticipate  that  the  amendments  will  impact  our 
financial condition and results of operations.

In March 2023, the FASB issued ASU No. 2023-02, Investments—Equity Method and Joint Ventures (Topic 323): 
Accounting  for  Investments  in  Tax  Credit  Structures  Using  the  Proportional  Amortization  Method.    Under  current 
GAAP, an entity can only elect to apply the proportional amortization method to investments in low-income housing 
tax  credit  ("LIHTC")  structures.    The  proportional  amortization  method  results  in  the  cost  of  the  investment  being 
amortized in proportion to the income tax credits and other income tax benefits received, with the amortization of the 
investment  and  the  income  tax  credits  being  presented  net  in  the  consolidated  statements  of  income  as  a 
component  of  income  tax  expense  (benefit).    The  amendments  will  allow  entities  to  elect  to  account  for  all  other 
equity  investments  made  primarily  for  the  purpose  of  receiving  income  tax  credits  to  using  the  proportional 
amortization method, regardless of the tax credit program through which the investment earns income tax credits, 
when  certain  conditions  are  met.    The  amendments  are  effective  for  fiscal  years  beginning  after  December  15, 
2023, and may be adopted either on a modified retrospective basis or retrospectively.  Other than investments in 
LIHTC funds, as disclosed in Note 4, Investment Securities, we currently have no other equity investments made 
primarily for the purpose of receiving income tax credits, and therefore do not anticipate that the amendments will 
impact our financial condition and results of operations.

In  November  2023,  the  FASB  issued  ASU  No.  2023-07,  Segment  Reporting  (Topic  280):  Improvements  to 
Reportable  Segment  Disclosures.    The  amendments  are  intended  to  improve  reportable  segment  disclosure 
requirements,  primarily  through  enhanced  disclosures  about  significant  segment  expenses,  enhanced  interim 
disclosure  requirements,  clarifying  circumstances  in  which  an  entity  can  disclose  multiple  segment  measures  of 
profit  or  loss,  providing  new  segment  disclosure  requirements  for  entities  with  a  single  reportable  segment,  and 
requiring  other  disclosures.    The  amendments  are  effective  for  annual  reporting  periods  beginning  after 
December  15,  2023  (i.e.,  2024  Form  10-K)  and  interim  periods  within  fiscal  years  beginning  after  December  31, 
2024, and shall be applied retrospectively to all prior periods presented in the financial statements.  Early adoption 
is permitted.  We currently have only one reportable segment and are evaluating the impact of the amendments on 
our financial statement disclosures upon adoption.

In December 2023, the FASB issued ASU No. 2023-09, Income Taxes (Topic 740): Improvements to Income Tax 
Disclosures.    The  amendments  require  disaggregated  information  about  the  effective  tax  rate  reconciliation  and 
additional disclosures on reconciling items and taxes paid that meet a quantitative threshold. The amendments are 
effective for annual reporting periods beginning after December 15, 2024, and may be adopted either prospectively 
or retrospectively.  Early adoption is permitted.  We are currently evaluating the impact of the amendments on our 
financial statement disclosures upon adoption.

70

Note 2:  Investment Securities

Our  investment  securities  portfolio  consists  of  U.S.  Treasury  securities,  obligations  of  state  and  political 
subdivisions, U.S. federal government agencies, such as the Government National Mortgage Association ("GNMA") 
and  Small  Business  Administration  ("SBA"),  and  U.S.  government-sponsored  enterprises  ("GSEs"),  such  as  the 
Federal  National  Mortgage Association  ("FNMA"),  Federal  Home  Loan  Mortgage  Corporation  ("FHLMC"),  Federal 
Farm  Credit  Banks  Funding  Corporation  and  FHLB,  and  U.S.  Corporations.    We  also  invest  in  residential  and 
commercial mortgage-backed securities ("MBS"/"CMBS") and collateralized mortgage obligations ("CMOs") issued 
or guaranteed by the GSEs, as reflected in the following table.

A summary of the amortized cost, fair value and allowance for credit losses related to securities held-to-maturity as 
of December 31, 2023 and December 31, 2022 is presented below.

Held-to-maturity:

(in thousands)

December 31, 2023

Securities of U.S. government-sponsored enterprises:

MBS pass-through securities issued by FHLMC, FNMA and 
GNMA

CMOs issued by FHLMC

CMOs issued by FNMA

CMOs issued by GNMA

SBA-backed securities

Debentures of government-sponsored agencies

Obligations of state and political subdivisions

Corporate bonds

Total held-to-maturity

December 31, 2022

Securities of U.S. government-sponsored enterprises:

MBS pass-through securities issued by FHLMC, FNMA and 
GNMA

CMOs issued by FHLMC

CMOs issued by FNMA

CMOs issued by GNMA

  SBA-backed securities

Debentures of government-sponsored agencies

Obligations of state and political subdivisions

Corporate bonds

Total held-to-maturity

Amortized 
Cost 1

Allowance 
for Credit 
Losses

Net 
Carrying 
Amount

Gross Unrealized

Gains

(Losses)

Fair Value

$  306,261  $ 

—  $  306,261  $ 

—  $ 

(44,396)  $  261,865 

226,416   

101,502   

51,006   

1,853   

146,126   

62,034   

30,000   

—   

—   

—   

—   

—   

—   

—   

226,416   

101,502   

51,006   

1,853   

146,126   

62,034   

30,000   

28   

(24,869)   

201,575 

—   

—   

—   

—   

47   

—   

(4,779)   

(5,235)   

(90)   

96,723 

45,771 

1,763 

(21,994)   

124,132 

(7,884)   

(1,196)   

54,197 

28,804 

$  925,198  $ 

—  $  925,198  $ 

75  $  (110,443)  $  814,830 

$  331,281  $ 

—  $  331,281  $ 

—  $ 

(50,147)  $  281,134 

235,971   

111,904   

52,356   

2,372   

145,823   

62,500   

30,000   

—   

—   

—   

—   

—   

—   

—   

235,971   

111,904   

52,356   

2,372   

145,823   

62,500   

30,000   

59   

—   

11   

—   

—   

—   

—   

(29,503)  $  206,527 

(5,419)   
(3,076)   
(133)   

106,485 
49,291 

2,239 

(26,467)   

119,356 

(10,741)   

(1,552)   

51,759 

28,448 

$  972,207  $ 

—  $  972,207  $ 

70  $  (127,038)  $  845,239 

1 Amortized cost and fair values exclude accrued interest receivable of $3.6 million and $3.7 million at December 31, 2023 and 2022, respectively, which is included 
in interest receivable and other assets in the consolidated statements of condition.

Management measures expected credit losses on held-to-maturity securities collectively by major security type, with 
each  type  sharing  similar  risk  characteristics,  and  considers  historical  credit  loss  information  that  is  adjusted  for 
current  conditions  and  reasonable  and  supportable  forecasts.  With  regard  to  MBSs  and  CMOs  issued  or 
guaranteed by the GSEs, and SBA-backed securities, we expect to receive all the contractual principal and interest 
on  these  securities,  as  such  securities  are  backed  by  the  full  faith  and  credit  of  and/or  guaranteed  by  the  U.S. 
government. Accordingly,  no  allowance  for  credit  losses  has  been  recorded  for  these  securities.    With  regard  to 
securities issued by states and political subdivisions and corporate bonds, management considers: (i) issuer and/or 
guarantor credit ratings, (ii) historical probability of default and loss given default rates for given bond ratings and 
remaining  maturity,  (iii)  whether  issuers  continue  to  make  timely  principal  and  interest  payments  under  the 
contractual terms of the securities, (iv) internal credit review of the financial information, and (v) whether or not such 
securities have credit enhancements such as guarantees, contain a defeasance clause, or are pre-refunded by the 
issuers.  Based on the comprehensive analysis, no credit losses are expected.
The  following  table  summarizes  the  amortized  cost  of  our  portfolio  of  held-to-maturity  securities  issued  by  states 
and  political  subdivisions  and  corporate  bonds  by  Moody's  and/or  Standard  &  Poor's  bond  ratings  as  of 
December 31, 2023 and 2022.

71

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 (in thousands)

Aaa / AAA

Aa2 / AA

A2 / A

Total

Obligations of state and political subdivisions

Corporate bonds

December 31, 2023

December 31, 2022

December 31, 2023

December 31, 2022

$ 

$ 

42,577  $ 

19,457   

—   

62,034  $ 

42,986  $ 

19,514   

—   

62,500  $ 

—  $ 

—   

30,000   

30,000  $ 

— 

— 

30,000 

30,000 

A summary of the amortized cost, fair value and allowance for credit losses related to securities available-for-sale as 
of December 31, 2023 and 2022 is presented below.

Available-for-sale:

(in thousands)

December 31, 2023
Securities of U.S. government-sponsored enterprises:

Amortized 
Cost 1

Gross Unrealized

Gains

(Losses)

Allowance 
for Credit 
Losses

Fair Value

MBS pass-through securities issued by FHLMC, FNMA and GNMA

$ 

81,937  $ 

2  $ 

(9,516)  $ 

CMOs issued by FHLMC

CMOs issued by FNMA

CMOs issued by GNMA

SBA-backed securities

Debentures of government- sponsored agencies

U.S. Treasury securities

Obligations of state and political subdivisions

Corporate bonds

Asset-backed securities

Total available-for-sale

December 31, 2022
Securities of U.S. government-sponsored enterprises:

266,407   
23,987   

20,006   

21,126   

73,899   
11,923   

102,202   

11,992   

—   

—   
—   

—   

—   

—   
—   

1   

—   

—   

(24,758)   
(2,715)   
(2,878)   
(1,655)   
(7,037)   
(1,300)   

(10,321)   

(1,274)   

—   

—  $ 
—   

72,423 
241,649 

—   

—   

—   

—   

—   

—   

—   

—   

21,272 

17,128 

19,471 

66,862 

10,623 

91,882 

10,718 

— 

$  613,479  $ 

3  $ 

(61,454)  $ 

—  $  552,028 

MBS pass-through securities issued by FHLMC, FNMA and GNMA

$  109,736  $ 

3  $ 

CMOs issued by FHLMC

CMOs issued by FNMA

CMOs issued by GNMA

SBA-backed securities

Debentures of government- sponsored agencies

U.S. Treasury securities

Obligations of state and political subdivisions

Corporate bonds

Asset-backed securities

347,437   
36,172   

35,120   

47,724   

149,114   
11,904   

116,855   

36,990   

1,553   

—   
—   

—   

2   

—   
—   

29   

—   

—   

(12,133)  $ 
(33,682)   
(3,852)   
(3,296)   
(3,371)   
(14,008)   
(1,635)   

(14,761)   

(3,714)   

(91)   

—  $ 
—   

97,606 
313,755 

—   

—   

—   

—   

—   

—   

—   

—   

32,320 

31,824 

44,355 

135,106 

10,269 

102,123 

33,276 

1,462 

Total available-for-sale

—  $  802,096 
1 Amortized cost and fair value exclude accrued interest receivable of $2.3 million and $3.2 million at December 31, 2023 and 2022, respectively, which is included 
in interest receivable and other assets in the consolidated statements of condition.

$  892,605  $ 

(90,543)  $ 

34  $ 

As  part  of  our  ongoing  review  of  our  investment  securities  portfolio,  we  reassessed  the  classification  of  certain 
securities  issued  by  government-sponsored  agencies.    In  March  2022,  we  transferred  $357.5  million  of  these 
securities  from  available-for-sale  to  held-to-maturity  at  fair  value.    We  intend  and  have  the  ability  to  hold  these 
securities to maturity.  The net unrealized pre-tax loss of $14.8 million that remained and the related accumulated 
other comprehensive loss are accreted to interest income over the remaining lives of the securities.  Because these 
entries offset each other, there is no impact on net income.

The amortized cost and fair value of investment debt securities by contractual maturity at December 31, 2023 and 
2022  are  shown  below.    Expected  maturities  may  differ  from  contractual  maturities  if  the  issuers  of  the  securities 
have the right to call or prepay obligations with or without call or prepayment penalties.  

72

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
(in thousands)

Within one year

December 31, 2023

December 31, 2022

Held-to-Maturity

Available-for-Sale

Held-to-Maturity

Available-for-Sale

Amortized 
Cost

Fair Value

Amortized 
Cost

Amortized 

Fair Value

Cost Fair Value

Amortized 
Cost

Fair Value

$ 

—  $ 

—  $ 

101  $ 

100  $ 

450  $ 

446  $ 

1,254  $ 

1,239 

After one but within five years

87,887   

84,541   

226,669   

208,444   

87,418   

83,663   

335,813   

307,843 

After five years through ten years

  304,976    261,654   

95,552   

85,447    262,072    222,280   

185,997   

166,273 

After ten years

Total

  532,335    468,635   

291,157   

258,037    622,267    538,850   

369,541   

326,741 

$  925,198  $  814,830  $ 

613,479  $  552,028  $  972,207  $  845,239  $ 

892,605  $ 

802,096 

Sales of investment securities and gross gains and losses for the years ended December 31, 2023, 2022 and 2021 
are shown in the following table. 

(in thousands)

Available-for-sale:

  Sales proceeds

  Gross realized gains

  Gross realized losses
Sale of equity securities: 1

Sales proceeds

Gross realized gain

2023

2022

2021

$ 

$ 

$ 

$ 

$ 

205,795  $ 

5  $ 

(8,705)  $ 

2,807  $ 

2,807  $ 

10,664  $ 

17  $ 

(80)  $ 

—  $ 

—  $ 

6,632 

1 

(17) 

— 

— 

1 Refer to VISA Inc. Class B Common Stock section below for more information.

The reported values of pledged investment securities are shown in the following table.

(in thousands)

Pledged to the State of California:

December 31, 2023 December 31, 2022

   Secure public deposits in compliance with the Local Agency Security Program

$ 

287,436  $ 

231,307 

   Collateral for trust deposits

   Collateral for Wealth Management and Trust Services checking account

Total investment securities pledged to the State of California

Bankruptcy trustee deposits pledged with Federal Reserve Bank

Pledged to FHLB Securities-Backed Credit Program

Pledged to the Federal Reserve "BTFP"

Total pledged investment securities

666   

562   

288,664   

1,151   

383,484   

265,660   

669 

564 

232,540 

1,686 

— 

— 

$ 

938,959  $ 

234,226 

73

 
 
 
 
 
 
 
 
 
There  were  313  and  407  securities  in  unrealized  loss  positions  at  December  31,  2023  and  2022,  respectively.  
Those securities are summarized and classified according to the duration of the loss period in the tables below.

December 31, 2023

< 12 continuous months

≥ 12 continuous months

Total securities
 in a loss position

(in thousands)

Held-to-maturity:

MBS pass-through securities issued by 
FHLMC, FNMA  and GNMA

CMOs issued by FHLMC

CMOs issued by FNMA

CMOs issued by GNMA

SBA-backed securities

Debentures of government-sponsored 
agencies

Obligations of state and political 
subdivisions

Corporate bonds

Total held-to-maturity

Available-for-sale:

Fair value

Unrealized 
loss

Fair value

Unrealized 
loss

Fair value

Unrealized 
loss

$ 

—  $ 

—  $ 

261,865  $ 

(44,396)  $ 

261,865  $ 

8,662   

42,474   

10,988   

—   

—   

—   

—   

(21) 

(411) 

(244) 

— 

— 

— 

— 

188,657   

(24,848) 

197,319   

54,249   

34,783   

1,763   

(4,368) 

(4,991) 

(90) 

96,723   

45,771   

1,763   

(44,396) 

(24,869) 

(4,779) 

(5,235) 

(90) 

124,132   

(21,994) 

124,132   

(21,994) 

44,437   

28,804   

(7,884) 

(1,196) 

44,437   

28,804   

(7,884) 

(1,196) 

$ 

62,124  $ 

(676)  $ 

738,690  $ 

(109,767)  $ 

800,814  $ 

(110,443) 

MBS pass-through securities issued by 
FHLMC, FNMA  and GNMA

$ 

CMOs issued by FHLMC

CMOs issued by FNMA

CMOs issued by GNMA

SBA-backed securities

Debentures of government-sponsored 
agencies

U.S. Treasury securities

Obligations of state and political 
subdivisions

Corporate bonds

Asset-backed securities

Total available-for-sale

Total securities at a loss position

—  $ 

1,235   

—  $ 

72,146  $ 

(9,516)  $ 

72,146  $ 

(7) 

240,414   

(24,751) 

241,649   

—   

—   

—   

—   

—   

666   

—   

—   

— 

— 

— 

— 

— 

(1) 

— 

— 

21,272   

17,128   

19,471   

66,862   

10,623   

90,655   

10,718   

—   

(2,715) 

(2,878) 

(1,655) 

(7,037) 

(1,300) 

(10,320) 

(1,274) 

— 

21,272   

17,128   

19,471   

66,862   

10,623   

91,321   

10,718   

—   

(9,516) 

(24,758) 

(2,715) 

(2,878) 

(1,655) 

(7,037) 

(1,300) 

(10,321) 

(1,274) 

— 

$ 

$ 

1,901  $ 

64,025  $ 

(8)  $ 

549,289  $ 

(61,446)  $ 

551,190  $ 

(61,454) 

(684)  $  1,287,979  $ 

(171,213)  $  1,352,004  $ 

(171,897) 

74

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
December 31, 2022

< 12 continuous months

> 12 continuous months

Total securities
 in a loss position

(in thousands)

Held-to-maturity:

MBS pass-through securities issued by 
FHLMC, FNMA  and GNMA

CMOs issued by FHLMC

CMOs issued by FNMA

CMOs issued by GNMA

SBA-backed securities

Debentures of government-sponsored 
agencies

Obligations of state and political 
subdivisions

Corporate bonds

Total held-to-maturity

Available-for-sale:

MBS pass-through securities issued by 
FHLMC, FNMA  and GNMA

CMOs issued by FHLMC

CMOs issued by GNMA

CMOs issued by FNMA

SBA-backed securities

Debentures of government- sponsored 
agencies

U.S. Treasury securities

Obligations of state and political 
subdivisions

Corporate bonds

Asset-backed securities

Total available-for-sale

Total

Fair value

Unrealized 
loss

Fair value

Unrealized 
loss

Fair value

Unrealized 
loss

$ 

62,627  $ 

(5,960)  $ 

218,507  $ 

(44,187)  $ 

281,134  $ 

78,144   

106,485   

27,570   

2,239   

(5,874) 

(5,419) 

(1,676) 

(133) 

113,796   

(23,629) 

—   

— 

10,331   

(1,400) 

—   

— 

191,940   

106,485   

37,901   

2,239   

(50,147) 

(29,503) 

(5,419) 

(3,076) 

(133) 

38,645   

(2,530) 

80,711   

(23,937) 

119,356   

(26,467) 

15,155   

28,448   

(589) 

(1,552) 

36,603   

(10,152) 

—   

— 

51,758   

28,448   

(10,741) 

(1,552) 

$ 

359,313  $ 

(23,733)  $ 

459,948  $ 

(103,305)  $ 

819,261  $ 

(127,038) 

$ 

44,630  $ 

(4,501)  $ 

52,235  $ 

(7,632)  $ 

96,865  $ 

169,760   

(15,144) 

143,995   

(18,538) 

313,755   

4,790   

8,214   

(235) 

(374) 

37,845   

(3,228) 

27,529   

23,612   

6,133   

(3,617) 

(2,922) 

(143) 

32,319   

31,826   

43,978   

(12,133) 

(33,682) 

(3,852) 

(3,296) 

(3,371) 

19,054   

—   

(946) 

— 

116,052   

10,269   

(13,062) 

(1,635) 

135,106   

10,269   

(14,008) 

(1,635) 

70,402   

(9,459) 

—   

—   

— 

— 

28,711   

33,276   

1,462   

(5,302) 

(3,714) 

(91) 

99,113   

33,276   

1,462   

(14,761) 

(3,714) 

(91) 

$ 

$ 

354,695  $ 

(33,887)  $ 

443,274  $ 

(56,656)  $ 

797,969  $ 

(90,543) 

714,008  $ 

(57,620)  $ 

903,222  $ 

(159,961)  $  1,617,230  $ 

(217,581) 

As of December 31, 2023, the investment portfolio included 306 investment securities that had been in a continuous 
loss position for twelve months or more and 7 investment securities that had been in a loss position for less than 
twelve months.

Securities  issued  by  government-sponsored  agencies,  such  as  FNMA  and  FHLMC,  usually  have  implicit  credit 
support from the U.S. federal government.  However, since 2008, FNMA and FHLMC have been under government 
conservatorship and, therefore, contractual cash flows for these investments carry explicit guarantees by the U.S. 
federal  government  while  FNMA  and  FHLMC  remain  under  conservatorship.    Securities  issued  by  the  SBA  and 
GNMA have explicit credit guarantees by the U.S. federal government, which protects us from credit losses on the 
contractual cash flows of the securities.

Our  investments  in  obligations  of  state  and  political  subdivision  bonds  are  deemed  creditworthy  after  our 
comprehensive  analysis  of  the  issuers'  latest  financial  information,  credit  ratings  by  major  credit  agencies,  and/or 
credit enhancements. 

No allowances for credit losses have been recognized on available-for-sale securities in an unrealized loss position, 
as  management  does  not  believe  any  of  the  securities  are  impaired  due  to  reasons  of  credit  quality  at  either 
December  31,  2023  or  2022.    In  addition,  for  any  available-for-sale  securities  in  an  unrealized  loss  position  at 
December 31, 2023 and 2022, the Bank assessed whether it intended to sell the securities, or if it was more likely 
than  not  that  it  would  be  required  to  sell  the  securities  before  recovery  of  its  amortized  cost  basis,  which  would 
require a write-down to fair value through net income.  Because the Bank did not intend to sell those securities that 
were in an unrealized loss position, and it was not more-likely-than-not that the Bank would be required to sell the 
securities before recovery of their amortized cost bases, the Bank determined that no write-down was necessary as 
of the reporting date.

75

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
On  July  7,  2023,  the  Bank  entered  into  various  interest  rate  swap  agreements  with  notional  values  totaling 
$101.8 million to hedge balance sheet interest rate sensitivity and protect selected securities in its available-for-sale 
portfolio against changes in fair value related to changes in the benchmark interest rate.  For additional details, refer 
to Note 14, Derivative Financial Instruments and Hedging Activities.

Non-Marketable Securities Included in Other Assets

FHLB Capital Stock

As a member of the FHLB, we are required to maintain a minimum investment in FHLB capital stock as determined 
by  the  Board  of  Directors  of  the  FHLB.    The  minimum  investment  requirements  can  increase  in  the  event  we 
increase our total asset size or borrowings with the FHLB.  Shares cannot be purchased or sold except between the 
FHLB  and  its  members  at  the  $100  per  share  par  value.    We  held  $16.7  million  of  FHLB  stock  included  in  other 
assets on the consolidated statements of condition at both December 31, 2023 and 2022.  The carrying amounts of 
these investments are reasonable estimates of fair value because the securities are restricted to member banks and 
do not have a readily determinable market value.  Based on our analysis of FHLB’s financial condition and certain 
qualitative  factors,  we  determined  that  the  FHLB  stock  was  not  impaired  at  December  31,  2023  or  2022.    On 
February 21, 2024, FHLB announced a cash dividend for the fourth quarter of 2023 at an annualized dividend rate 
of  8.75%  to  be  distributed  in  mid-March  2024.    Cash  dividends  paid  on  FHLB  capital  stock  are  recorded  as  non-
interest income.

Visa Inc. Class B Common Stock

As a member bank of Visa U.S.A., we held 10,439 shares of Visa Inc. Class B common stock as of December 31, 
2022.  These shares had a carrying value of zero because they lacked a readily determinable fair value due to the 
restriction from resale to non-member banks of Visa U.S.A. until their conversion into Class A (voting) shares upon 
the termination of Visa Inc.'s Covered Litigation, and uncertainty about the conversion rate to Class A shares.  On 
July 13, 2023, the Bank sold the entirety of its remaining investment in Visa Inc. Class B restricted common stock 
for a $2.8 million gain.

For further information, refer to Note 12, Commitments and Contingencies. 

Low Income Housing Tax Credits

We  invest  in  low-income  housing  tax  credit  funds  as  a  limited  partner,  which  totaled  $2.0  million  and  $2.5  million 
recorded in other assets as of December 31, 2023 and 2022, respectively.  In 2023, we recognized $600 thousand 
of low income housing tax credits and other tax benefits, offset by $503 thousand of amortization expense for low-
income  housing  tax  credit  investments,  as  a  component  of  income  tax  expense.   As  of  December  31,  2023,  our 
unfunded commitments for these low-income housing tax credit funds totaled $344 thousand.  We did not recognize 
any impairment losses on these low-income housing tax credit investments during 2023 or 2022, as the value of the 
future tax benefits exceeds the carrying value of the investments.

76

Note 3:  Loans and Allowance for Credit Losses on Loans 

The following table presents the amortized cost of loans by portfolio class as of December 31, 2023 and 2022.

(in thousands)

Commercial and industrial

Real estate:

  Commercial owner-occupied

  Commercial non-owner occupied

  Construction

  Home equity

  Other residential

Installment and other consumer loans
Total loans, at amortized cost 1
Allowance for credit losses on loans

Total loans, net of allowance for credit losses on loans

December 31, 

2023

2022

$ 

153,750  $ 

173,547 

333,181   

354,877 

1,219,385   

1,191,889 

99,164   

82,087   

118,508   

67,645   

114,373 

88,748 

112,123 

56,989 

2,073,720   

2,092,546 

(25,172)   

(22,983) 

$ 

2,048,548  $ 

2,069,563 

1 Amortized cost includes net deferred loan origination costs of $2.7 million and $1.8 million at December 31, 2023 and 2022, respectively.  Amounts are also net of 
unrecognized purchase discounts of $2.0 million and $2.6 million at December 31, 2023 and 2022, respectively.  Amortized cost excludes accrued interest, which 
totaled  $6.6  million  and  $6.1  million  at  December  31,  2023  and  2022,  respectively,  and  is  included  in  interest  receivable  and  other  assets  in  the  consolidated 
statements of condition.

Lending Risks

Concentrations  of  Credit:  Virtually  all  of  our  loans  are  from  customers  located  in  Northern  California.  
Approximately  90%  of  total  loans  were  secured  by  real  estate  at  both  December  31,  2023  and  2022.    At 
December  31,  2023  and  2022,  75%  and  74%,  respectively,  of  our  loans  were  for  commercial  real  estate,  the 
majority  of  which  were  secured  by  real  estate  located  in  Marin,  Sonoma,  San  Francisco,  Napa,  Alameda, 
Sacramento, and Contra Costa counties (California).

Commercial  and  Industrial  Loans:  Commercial  loans  are  generally  made  to  established  small  and  mid-sized 
businesses  to  provide  financing  for  their  growth  and  working  capital  needs,  equipment  purchases  and 
acquisitions.    Management  examines  historical,  current,  and  projected  cash  flows  to  determine  the  ability  of  the 
borrower to repay obligations as agreed.  Commercial loans are made based primarily on the identified cash flows 
of the borrower and secondarily on the underlying collateral and guarantor support.  The cash flows of borrowers, 
however,  may  not  occur  as  expected,  and  the  collateral  securing  these  loans  may  fluctuate  in  value.    Most 
commercial  and  industrial  loans  are  secured  by  the  assets  being  financed,  such  as  accounts  receivable  and 
inventory,  and  typically  include  personal  guarantees.    We  target  stable  businesses  with  guarantors  who  provide 
additional  sources  of  repayment  and  have  proven  to  be  resilient  in  periods  of  economic  stress.    A  weakened 
economy, and the resultant decreased consumer and/or business spending, may have an effect on the credit quality 
of commercial loans.

Commercial  Real  Estate  Loans:  Commercial  real  estate  loans,  which  include  income  producing  investment 
properties and owner-occupied real estate used for business purposes, are subject to underwriting standards and 
processes  similar  to  those  for  commercial  loans  discussed  above.    We  underwrite  these  loans  to  be  repaid  from 
cash flow from either the business or investment property and supported by real property collateral.  Underwriting 
standards for commercial real estate loans include, but are not limited to, debt coverage and loan-to-value ratios.  
Furthermore, a large majority of our loans are guaranteed by the owners of the properties.  Conditions in the real 
estate markets or a downturn in the general economy may adversely affect our commercial real estate loans.  In the 
event  of  a  vacancy,  we  expect  guarantors  to  carry  the  loans  until  they  find  a  replacement  tenant.    The  owner's 
substantial  equity  investment  provides  a  strong  economic  incentive  to  continue  to  support  their  commercial  real 
estate projects.  As such, we have generally experienced a relatively low level of losses and delinquencies in this 
portfolio.

Construction  Loans:  Construction  loans  are  generally  made  to  developers  and  builders  to  finance  construction, 
renovation and occasionally land acquisitions in anticipation of near-term development.  Construction loans include 
interest reserves that are used for the payment of interest during the development and marketing periods and are 
capitalized  as  part  of  the  loan  balance.    When  a  construction  loan  is  placed  on  nonaccrual  status  before  the 

77

 
 
 
 
 
 
 
 
depletion  of  the  interest  reserve,  we  apply  the  interest  funded  by  the  interest  reserve  against  the  loan's  principal 
balance.  These loans are underwritten after an evaluation of the borrower's financial strength, reputation, prior track 
record,  and  independent  appraisals.    We  monitor  all  construction  projects  to  determine  whether  they  are  on 
schedule, completed as planned and in accordance with the approved construction budgets.  Significant events can 
affect the construction industry, including: the inherent volatility of real estate markets and vulnerability to delays due 
to weather, change orders, inability to obtain construction permits, labor or material shortages, and price changes.  
Estimates of construction costs and value associated with the completed project may be inaccurate.  Repayment of 
construction loans is largely dependent on the ultimate success of the project.

Consumer Loans: Consumer loans primarily consist of home equity lines of credit, other residential loans, floating 
homes, and indirect luxury auto loans, along with a small number of installment loans.  Our other residential loans 
include  tenancy-in-common  fractional  interest  loans  ("TIC")  located  almost  entirely  in  San  Francisco  County.    We 
originate  consumer  loans  utilizing  credit  score  information,  debt-to-income  ratio,  and  loan-to-value  ratio  analysis.  
Diversification among consumer loan types, coupled with relatively small loan amounts that are spread across many 
individual borrowers, mitigates risk.  We do not originate sub-prime residential mortgage loans, nor is it our practice 
to  underwrite  loans  commonly  referred  to  as  "Alt-A  mortgages,"  the  characteristics  of  which  are  reduced 
documentation, borrowers with low FICO scores, or collateral with high loan-to-value ratios.

Credit Quality Indicators

We use a risk rating system to evaluate asset quality, and to identify and monitor credit risk in individual loans, and 
in the loan portfolio.  Our definitions of “Special Mention” risk graded loans, or worse, are consistent with those used 
by the Federal Deposit Insurance Corporation ("FDIC").  Our internally assigned grades are as follows:

Pass and Watch: Loans to borrowers of acceptable or better credit quality.  Borrowers in this category demonstrate 
fundamentally  sound  financial  positions,  repayment  capacity,  credit  history,  and  management  expertise.    Loans  in 
this category must have an identifiable and stable source of repayment and meet the Bank’s policy regarding debt-
service-coverage  ratios.    These  borrowers  are  capable  of  sustaining  normal  economic,  market  or  operational 
setbacks  without  significant  financial  consequences.    Negative  external  industry  factors  are  generally  not 
present.    The  loan  may  be  secured,  unsecured,  or  supported  by  non-real  estate  collateral  for  which  the  value  is 
more difficult to determine and/or whose marketability is more uncertain.  This category also includes “Watch” loans, 
where the primary source of repayment has been delayed.  The “Watch” risk rating is intended to be a transitional 
grade, with either an upgrade or downgrade within a reasonable period.

Special  Mention:  Potential  weaknesses  that  deserve  close  attention.    If  left  uncorrected,  those  potential 
weaknesses  may  result  in  deterioration  of  the  payment  prospects  for  the  asset.    Special  Mention  assets  do  not 
present sufficient risk to warrant adverse classification.

Substandard: Inadequately protected by either the current sound worth and paying capacity of the obligor or the 
collateral pledged, if any.  A Substandard asset has well-defined weaknesses that jeopardize the liquidation of the 
debt.    Substandard  assets  are  characterized  by  the  distinct  possibility  that  we  will  sustain  some  loss  if  such 
weaknesses or deficiencies are not corrected.  Well-defined weaknesses include adverse trends or developments in 
the borrower’s financial condition, managerial weaknesses, and/or significant collateral deficiencies.

Doubtful: Critical weaknesses that make collection or liquidation in full improbable.  There may be specific pending 
events  that  work  to  strengthen  the  asset;  however,  the  amount  or  timing  of  the  loss  may  not  be  determinable.  
Pending  events  generally  occur  within  one  year  of  the  asset  being  classified  as  Doubtful.    Examples  include:  
merger,  acquisition,  or  liquidation;  capital  injection;  guarantee;  perfecting  liens  on  additional  collateral;  and 
refinancing.  Such loans are placed on non-accrual status and are usually collateral-dependent.

We regularly review our credits for the accuracy of risk grades whenever we receive new information and at each 
quarterly and year-end reporting period.  Borrowers are generally required to submit financial information at regular 
intervals.    Typically,  commercial  borrowers  with  lines  of  credit  are  required  to  submit  financial  information  with 
reporting  intervals  ranging  from  monthly  to  annually  depending  on  credit  size,  risk  and  complexity.    In  addition, 
investor  commercial  real  estate  borrowers  with  loans  exceeding  a  certain  dollar  threshold  are  usually  required  to 
submit rent rolls or property income statements annually.  We monitor construction loans monthly.  We review home 

78

 
 
 
 
 
equity and other consumer loans based on delinquency.  We also review loans graded “Watch” or worse, regardless 
of loan type, no less than quarterly.

The following tables present the loan portfolio by loan portfolio class, origination/renewal year and internal risk rating 
as of December 31, 2023 and 2022.  The current year vintage table reflects gross charge-offs by portfolio class and 
year of origination.  Generally, existing term loans that were re-underwritten are reflected in the table in the year of 
renewal.    Lines  of  credit  that  have  a  conversion  feature  at  the  time  of  origination,  such  as  construction  to  perm 
loans, are presented by year of origination.

(in thousands)

December 31, 2023

Commercial and industrial:

Pass and Watch

Special Mention

Substandard

Total commercial and industrial

Gross current period charge-offs

$ 

$ 

Commercial real estate, owner-occupied:

Term Loans - Amortized Cost by Origination Year

2023

2022

2021

2020

2019

Prior

Revolving 
Loans 
Amortized 
Cost

Total

$ 

25,615  $ 

9,187  $ 

2,970  $ 

3,718  $ 

15,128  $ 

21,004  $ 

62,486  $ 

140,108 

—   

—   

—   

—   

—   

—   

—   

—   

334   

—   

9,300   

1,311   

2,697   

—   

9,634 

4,008 

25,615  $ 

9,187  $ 

2,970  $ 

3,718  $ 

16,773  $ 

23,701  $ 

71,786  $ 

153,750 

—  $ 

—  $ 

—  $ 

(4)  $ 

(3)  $ 

(3)  $ 

(1)  $ 

(11) 

Pass and Watch

Special Mention

Substandard

Total commercial real estate, owner-occupied

Gross current period charge-offs

Commercial real estate, non-owner 
occupied:

$ 

$ 

$ 

13,128  $ 

41,808  $ 

49,887  $ 

37,708  $ 

40,994  $ 

114,018  $ 

56  $ 

297,599 

1,431   

—   

4,498   

2,231   

15,636   

—   

820   

—   

286   

—   

8,902   

1,778   

—   

—   

31,573 

4,009 

14,559  $ 

48,537  $ 

65,523  $ 

38,528  $ 

41,280  $ 

124,698  $ 

56  $ 

333,181 

—  $ 

—  $ 

—  $ 

—  $ 

(406)  $ 

—  $ 

—  $ 

(406) 

Pass and Watch

Special Mention

Substandard

$ 

76,718  $ 

172,028  $ 

196,340  $ 

150,831  $ 

139,860  $ 

368,675  $ 

9,832  $  1,114,284 

—   

878   

2,790   

272   

9,498   

2,204   

11,776   

15,708   

41,602   

—   

—   

20,373   

—   

—   

81,374 

23,727 

Total commercial real estate, non-owner 
occupied

$ 

77,596  $ 

175,090  $ 

208,042  $ 

162,607  $ 

155,568  $ 

430,650  $ 

9,832  $  1,219,385 

Construction:

Pass and Watch

Special Mention

Total construction

Home equity:

Pass and Watch

Substandard

Total home equity

Other residential:

Pass and Watch

Total other residential

Installment and other consumer:

Pass and Watch

Total installment and other consumer

Gross current period charge-offs

Total loans:

Pass and Watch

Total Special Mention

Total Substandard

Totals

Total gross current period charge-offs

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

$ 

13,138  $ 

24,403  $ 

19,521  $ 

29,512  $ 

12,590   

—   

—   

—   

$ 

25,728  $ 

24,403  $ 

19,521  $ 

29,512  $ 

—  $ 

—   

—  $ 

—  $ 

—   

—  $ 

—  $ 

—   

—  $ 

—  $ 

—   

—  $ 

—  $ 

—   

—  $ 

—  $ 

—   

—  $ 

—  $ 

—   

—  $ 

—  $ 

86,574 

—   

12,590 

—  $ 

99,164 

734  $ 

80,773  $ 

81,507 

369   

211   

580 

1,103  $ 

80,984  $ 

82,087 

17,861  $ 

20,114  $ 

13,390  $ 

25,637  $ 

20,935  $ 

20,571  $ 

—  $ 

118,508 

17,861  $ 

20,114  $ 

13,390  $ 

25,637  $ 

20,935  $ 

20,571  $ 

—  $ 

118,508 

22,038  $ 

14,528  $ 

10,632  $ 

4,687  $ 

5,300  $ 

9,399  $ 

1,061  $ 

67,645 

22,038  $ 

14,528  $ 

10,632  $ 

4,687  $ 

5,300  $ 

9,399  $ 

1,061  $ 

67,645 

(7)  $ 

(6)  $ 

(1)  $ 

(4)  $ 

—  $ 

(1)  $ 

(5)  $ 

(24) 

168,498  $ 

282,068  $ 

292,740  $ 

252,093  $ 

222,217  $ 

534,401  $ 

154,208  $  1,906,225 

14,021  $ 

7,288  $ 

25,134  $ 

12,596  $ 

16,328  $ 

50,504  $ 

9,300  $ 

135,171 

878  $ 

2,503  $ 

2,204  $ 

—  $ 

1,311  $ 

25,217  $ 

211  $ 

32,324 

183,397  $ 

291,859  $ 

320,078  $ 

264,689  $ 

239,856  $ 

610,122  $ 

163,719  $  2,073,720 

(7)  $ 

(6)  $ 

(1)  $ 

(8)  $ 

(409)  $ 

(4)  $ 

(6)  $ 

(441) 

79

 
 
 
 
 
 
 
 
(in thousands)

December 31, 2022

Commercial and industrial:

Pass and Watch

Special Mention

Substandard

Term Loans - Amortized Cost by Origination Year

2022

2021

2020

2019

2018

Prior

Revolving 
Loans 
Amortized 
Cost

Total

$ 

15,349  $ 

6,679  $ 

7,603  $ 

19,982  $ 

5,362  $ 

24,954  $ 

84,655  $ 

164,584 

275   

—   

—   

—   

—   

2,272   

3,836   

1,252   

—   

—   

—   

625   

402   

301   

6,785 

2,178 

Total commercial and industrial

$ 

15,624  $ 

6,679  $ 

8,855  $ 

22,254  $ 

9,198  $ 

25,579  $ 

85,358  $ 

173,547 

Commercial real estate, owner-occupied:

Pass and Watch

Special Mention

Substandard

Doubtful

$ 

54,188  $ 

52,080  $ 

40,369  $ 

44,798  $ 

29,856  $ 

104,377  $ 

—  $ 

325,668 

—   

—   

—   

16,199   

—   

—   

—   

—   

99   

304   

5,255   

1,160   

—   

—   

—   

4,493   

1,699   

—   

—   

—   

—   

26,251 

2,859 

99 

Total commercial real estate, owner-occupied

$ 

54,188  $ 

68,279  $ 

40,468  $ 

46,262  $ 

35,111  $ 

110,569  $ 

—  $ 

354,877 

Commercial real estate, non-owner 
occupied:

Pass and Watch

Special Mention

Substandard

Total commercial real estate, non-owner 
occupied

Construction:

Pass and Watch

Total construction

Home equity:

Pass and Watch

Substandard

Total home equity

Other residential:

Pass and Watch

Total other residential

Installment and other consumer:

Pass and Watch

Substandard

$ 

177,822  $ 

211,228  $ 

155,278  $ 

160,670  $ 

129,166  $ 

308,509  $ 

57  $  1,142,730 

—   

—   

1,172   

2,264   

12,097   

3,934   

—   

—   

678   

—   

9,290   

19,724   

—   

—   

27,171 

21,988 

$ 

177,822  $ 

214,664  $ 

167,375  $ 

164,604  $ 

129,844  $ 

337,523  $ 

57  $  1,191,889 

$ 

$ 

$ 

$ 

$ 

$ 

49,262  $ 

19,393  $ 

28,861  $ 

7,745  $ 

9,112  $ 

49,262  $ 

19,393  $ 

28,861  $ 

7,745  $ 

9,112  $ 

—  $ 

—  $ 

—  $ 

114,373 

—  $ 

114,373 

—  $ 

—   

—  $ 

—  $ 

—   

—  $ 

—  $ 

—   

—  $ 

—  $ 

—   

—  $ 

—  $ 

—   

—  $ 

883  $ 

86,971  $ 

87,854 

480   

414   

894 

1,363  $ 

87,385  $ 

88,748 

21,154  $ 

14,547  $ 

29,018  $ 

21,890  $ 

11,064  $ 

14,450  $ 

—  $ 

112,123 

21,154  $ 

14,547  $ 

29,018  $ 

21,890  $ 

11,064  $ 

14,450  $ 

—  $ 

112,123 

$ 

20,054  $ 

13,022  $ 

5,727  $ 

6,492  $ 

4,181  $ 

6,478  $ 

944  $ 

56,898 

—   

—   

—   

—   

—   

91   

—   

91 

Total installment and other consumer

$ 

20,054  $ 

13,022  $ 

5,727  $ 

6,492  $ 

4,181  $ 

6,569  $ 

944  $ 

56,989 

Total loans:

Pass and Watch

Total Special Mention

Total Substandard

Total Doubtful

Totals

$ 

$ 

$ 

$ 

$ 

337,829  $ 

316,949  $ 

266,856  $ 

261,577  $ 

188,741  $ 

459,651  $ 

172,627  $  2,004,230 

275  $ 

17,371  $ 

12,097  $ 

6,510  $ 

9,769  $ 

13,783  $ 

402  $ 

60,207 

—  $ 

—  $ 

2,264  $ 

1,252  $ 

1,160  $ 

—  $ 

99  $ 

—  $ 

—  $ 

—  $ 

22,619  $ 

715  $ 

28,010 

—  $ 

—  $ 

99 

338,104  $ 

336,584  $ 

280,304  $ 

269,247  $ 

198,510  $ 

496,053  $ 

173,744  $  2,092,546 

80

 
 
 
 
 
 
 
 
 
The following table shows the amortized cost of loans by portfolio class, payment aging and non-accrual status as 
of December 31, 2023 and 2022.

Loan Aging Analysis by Portfolio Class

(in thousands)
December 31, 2023

30-59 days past due
60-89 days past due
90 days or more past due 1

Total past due

Current
Total loans 1
Non-accrual loans 2
Non-accrual loans with no allowance
December 31, 2022

30-59 days past due
60-89 days past due
90 days or more past due 1

Total past due

Current
Total loans 1
Non-accrual loans 2

Non-accrual loans with no allowance

Commercial 
and industrial

$ 

2,991  $ 
69   
1,311   
4,371   
149,379   

Commercial 
real estate, 
owner-
occupied

Commercial 
real estate, 
non-owner 

occupied Construction Home equity

Other 
residential

Installment 
and other 
consumer

Total

—  $ 

618  $ 
—   
149   
767   

2,204   
—   
2,204   
332,414    1,217,181   

—  $ 
—   
—   
—   
99,164   

43  $ 
—   
—   
43   

83  $ 
—   
—   
83   
82,044    118,425   

195  $ 
1   
—   
196   

3,930 
2,274 
1,460 
7,664 
67,449    2,066,056 

$  153,750  $  333,181  $ 1,219,385  $  99,164  $  82,087  $  118,508  $  67,645  $ 2,073,720 

$ 
$ 

$ 

4,008  $ 
1,311  $ 

434  $ 
434  $ 

3,081  $ 
877  $ 

—  $ 
—  $ 

469  $ 
469  $ 

—  $ 
—  $ 

—  $ 
—  $ 

7,992 
3,091 

3  $ 
—   
264   
267   
173,280   

—  $ 
—   
—   
—   

—  $ 
—   
—   
—   
354,877    1,191,889    114,373   

—  $ 
—   
—   
—   

319  $ 
244   
414   
977   

93  $ 
—   
—   
93   
87,771    112,030   

5  $ 
—   
—   
5   

420 
244 
678 
1,342 
56,984    2,091,204 

$  173,547  $  354,877  $ 1,191,889  $  114,373  $  88,748  $  112,123  $  56,989  $ 2,092,546 

$ 

$ 

—  $ 

—  $ 

1,563  $ 

1,563  $ 

—  $ 

—  $ 

—  $ 

—  $ 

778  $ 

778  $ 

—  $ 

—  $ 

91  $ 

91  $ 

2,432 

2,432 

1 There were no non-performing loans past due more than ninety days and accruing interest at December 31, 2023 and 2022. 
2 None of the non-accrual loans as of December 31, 2023 or 2022 were earning interest on a cash basis.  We recognized no interest income on non-accrual loans in 
2023, 2022 or 2021.  Accrued interest of $206 thousand and $48 thousand was reversed from interest income for the loans that were placed on non-accrual status in 
2023 and 2022, respectively. No interest income was reversed for the single loan that was placed on non-accrual status in 2021.  

Collateral Dependent Loans

The  following  table  presents  the  amortized  cost  basis  of  individually  analyzed  collateral-dependent  loans,  which 
were all on non-accrual status, by portfolio class and collateral type as of December 31, 2023 and 2022.

(in thousands)

December 31, 2023
Commercial and industrial

Commercial real estate, owner-occupied

Commercial real estate, non-owner occupied
Home equity

Total

December 31, 2022

Commercial real estate, owner-occupied

Home equity

Installment and other consumer

Total

Amortized Cost by Collateral Type

Commercial 
Real Estate

Residential 
Real Estate

Other

Total1

Allowance for 
Credit Losses

$ 

1,311  $ 

434   

3,081   
—   

4,826  $ 

1,563  $ 

—   

—   

$ 

$ 

$ 

1,563  $ 

—  $ 

—   

—   
469   

469  $ 

—  $ 

778   

—   

778  $ 

—  $ 

1,311  $ 

—   

—   
—   

434   

3,081   
469   

—  $ 

5,295  $ 

—  $ 

—   

91   

91  $ 

1,563  $ 

778   

91   

2,432  $ 

— 

— 

408 
— 

408 

— 

— 

— 

— 

1There were no collateral-dependent residential real estate mortgage loans in process of foreclosure or in substance repossessed at December 31, 2023 and 2022.  

The weighted average loan-to-value of collateral-dependent loans was approximately 70% and 42% at December 31, 2023 and 2022, respectively.

81

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Loan Modifications to Borrowers Experiencing Financial Difficulty

We  adopted ASU  No.  2022-02,  Financial  Instruments  -  Credit  Losses  (Topic  326):  Troubled  Debt  Restructurings 
and  Vintage  Disclosures  on  January  1,  2023,  as  described  in  the  Other  Recently Adopted Accounting  Standards 
section  of  Note  1  -  Summary  of  Significant  Accounting  Policies.    The  amendments  eliminated  the  accounting 
guidance for troubled debt restructurings and enhanced disclosures related to certain types of loan modifications for 
borrowers  experiencing  financial  difficulty,  including  principal  forgiveness,  interest  rate  reductions,  other-than-
insignificant payment delays, and/or term extensions, which are intended to minimize the economic loss and avoid 
foreclosure or repossession of collateral.  

The  following  table  summarizes  the  amortized  cost  of  loans  as  of  December  31,  2023  modified  for  borrowers 
experiencing financial difficulty during the year ended December 31, 2023 by portfolio class and type of modification 
granted.

(in thousands)

December 31, 2023

Commercial real estate, owner-occupied

Commercial real estate, non-owner occupied

Total

Term 
Extension

Percent of 
Portfolio Class 
Total

$ 

$ 

1,431 

878 

2,309 

 0.4 %

 0.1 %

As of December 31, 2023, there were no unfunded loan commitments for loans that were modified during the year 
ended December 31, 2023.

The  following  table  summarizes  the  financial  effect  of  loan  modifications  presented  in  the  table  above  during  the 
year ended December 31, 2023 by portfolio class.

(in thousands)

Year ended December 31, 2023

Commercial real estate, owner-occupied

Commercial real estate, non-owner occupied

Weighted-Average 
Term Extension 
(in years)

2.3

0.5

The  loan  modifications  did  not  significantly  impact  the  determination  of  the  allowance  for  credit  losses  on  loans 
during the year ended December 31, 2023.

The Bank closely monitors the performance of the modified loans to understand the effectiveness of its modification 
efforts.  The following table summarizes the amortized cost and payment status of loans as of December 31, 2023 
that were modified during the year ended December 31, 2023 by portfolio class.

(in thousands)

December 31, 2023

Current

30-59 Days 
Past Due

60-89 Days 
Past Due

90 Days or 
More Past 
Due

Total

Non-Accrual

Commercial real estate, owner-occupied

Commercial real estate, non-owner occupied

Total

$ 

$ 

1,431  $ 

878   

2,309  $ 

—  $ 

—   

—  $ 

—  $ 

—   

—  $ 

—  $ 

—   

—  $ 

1,431  $ 

878   

2,309  $ 

— 

878 

878 

There  were  no  loans  to  borrowers  experiencing  financial  difficulty  that  were  modified  within  the  previous  twelve 
months that had subsequently defaulted (i.e., fully or partially charged-off or became 90 days or more past due).

82

 
 
Allocation of the Allowance for Credit Losses on Loans

The following table presents the details of the allowance for credit losses on loans segregated by loan portfolio class 
as of December 31, 2023 and 2022. 

Allocation of the Allowance for Credit Losses on Loans

Commercial 
and 
industrial

Commercial 
real estate, 
owner-
occupied

Commercial 
real estate, 
non-owner 
occupied

Construction

Home 
equity

Other 
residential

Installment 
and other 
consumer Unallocated

Total

(in thousands)

December 31, 2023

Modeled expected credit losses

$ 

897  $ 

1,270  $ 

7,380  $ 

185  $ 

482  $ 

619  $ 

634  $ 

—  $  11,467 

Qualitative adjustments

Specific allocations

622   

193   

1,205   

1   

6,327   

1,226   

1,647   

—   

70   

—   

33   

1   

342   

2,038   

12,284 

—   

—   

1,421 

Total

$ 

1,712  $ 

2,476  $  14,933  $ 

1,832  $ 

552  $ 

653  $ 

976  $ 

2,038  $  25,172 

December 31, 2022

Modeled expected credit losses

$ 

1,079  $ 

1,497  $ 

7,937  $ 

453  $ 

504  $ 

571  $ 

610  $ 

—  $  12,651 

Qualitative adjustments

Specific allocations

706   

9   

990   

—   

4,739   

1,484   

—   

—   

54   

—   

24   

—   

258   

2,068   

10,323 

—   

—   

9 

Total

$ 

1,794  $ 

2,487  $  12,676  $ 

1,937  $ 

558  $ 

595  $ 

868  $ 

2,068  $  22,983 

Allowance for Credit Losses on Loans Rollforward

The following table discloses activity in the allowance for credit losses for the periods presented.

(in thousands)

Year ended December 31, 2023

Beginning balance

(Reversal) provision 

(Charge-offs)

Recoveries

Ending balance

Year ended December 31, 2022

Beginning balance

Provision (reversal)

(Charge-offs)

Recoveries

Ending balance

Year ended December 31, 2021 
Beginning balance

(Reversal) provision 
Initial allowance for PCD loans 1
(Charge-offs)

Recoveries

Ending balance

Allowance for Credit Losses on Loans Rollforward

Commercial 
and 
industrial

Commercial 
real estate, 
owner-
occupied

Commercial 
real estate, 
non-owner 

occupied Construction

Home 
equity

Other 
residential

Installment 
and other 
consumer Unallocated

Total

$ 

1,794  $ 

2,487  $  12,676  $ 

1,937  $  558  $ 

595  $ 

868  $ 

2,068  $  22,983 

(100)   

(11)   

29   

395   

(406)   

—   

2,257   

(130)   

—   

—   

—   

25   

(6)   

—   

—   

58   

—   

—   

131   

(24)   

1   

(30)   

2,575 

—   

—   

(441) 

55 

$ 

1,712  $ 

2,476  $  14,933  $ 

1,832  $  552  $ 

653  $ 

976  $ 

2,038  $  25,172 

$ 

1,709  $ 

2,776  $  12,739  $ 

1,653  $  595  $ 

644  $ 

621  $ 

2,286    23,023 

72   

(9)   

22   

(289)   

—   

—   

(63)   

—   

—   

251   

(37)   

(49)   

—   

33   

—   

—   

—   

—   

270   

(23)   

—   

(218)   

—   

—   

(63) 

(32) 

55 

$ 

1,794  $ 

2,487  $  12,676  $ 

1,937  $  558  $ 

595  $ 

868  $ 

2,068  $  22,983 

$ 

2,530  $ 

2,778  $  12,682  $ 

1,557  $  738  $ 

998  $ 

291  $ 

1,300  $  22,874 

(1,240)   

405   

—   

14   

(561)   

559   

—   

—   

(476)   

533   

—   

—   

62   

(193)   

(360)   

333   

986   

(1,449) 

—   

—   

34   

—   

—   

50   

6   

—   

—   

2   

(5)   

—   

—   

—   

—   

1,505 

(5) 

98 

$ 

1,709  $ 

2,776  $  12,739  $ 

1,653  $  595  $ 

644  $ 

621  $ 

2,286  $  23,023 

1 The initial allowance for purchased credit impaired ("PCD") loans relates to the AMRB merger discussed in Note 18, Merger.

Pledged Loans

Our FHLB line of credit is secured under terms of a blanket collateral agreement by a pledge of certain qualifying 
loans  with  unpaid  principal  balances  of  $1.288  billion  and  $1.298  billion  at  December  31,  2023  and  2022, 
respectively.    In  addition,  we  pledged  eligible  TIC  loans,  which  totaled  $110.4  million  and  $105.0  million  at 
December  31,  2023  and  2022,  respectively,  to  secure  our  borrowing  capacity  with  the  Federal  Reserve  Bank 
("FRB").  For additional information, see Note 7, Borrowings.

83

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Related Party Loans

The Bank has, and expects to have in the future, banking transactions in the ordinary course of its business with 
directors, officers, principal shareholders and their businesses or associates.  These transactions, including loans, 
are granted on substantially the same terms, including interest rates and collateral on loans, as those prevailing at 
the  same  time  for  comparable  transactions  with  persons  not  related  to  us.    Likewise,  these  transactions  do  not 
involve more than the normal risk of collectability or present other unfavorable features.

The following table shows changes in net loans to related parties for each of the three years ended December 31, 
2023, 2022 and 2021.

(in thousands)

Balance at beginning of year

Additions

Assumed in the AMRB acquisition

Repayments

Reclassified due to a change in borrower status

Balance at end of year

$ 

2023

6,445  $ 

—   

—   

(613)   

—   

$ 

5,832  $ 

2022

7,942  $ 

1,525   

—   

(364)   

(2,658)   

6,445  $ 

2021

6,423 

— 

4,037 

(2,518) 

— 

7,942 

Undisbursed commitments to related parties totaled $212 thousand and $562 thousand as of December 31, 2023 
and 2022, respectively.  

Note 4:  Bank Premises and Equipment

A summary of bank premises and equipment follows:

(in thousands)

Leasehold improvements

Furniture and equipment

Buildings 

Land 
Finance lease right-of-use assets 1

Subtotal

Accumulated depreciation and amortization

Bank premises and equipment, net
1 See Note 12, Commitments and Contingencies, for more information.

December 31,

2023

16,578  $ 

11,336   

1,248   

1,170   

608   

30,940   

(23,148)   

7,792  $ 

2022

16,115 

12,762 

1,217 

1,170 

616 

31,880 

(23,746) 

8,134 

$ 

$ 

The amount of depreciation and amortization totaled $2.1 million, $1.8 million, and $1.7 million for the years ended 
December 31, 2023, 2022 and 2021, respectively. 

Note 5:  Bank Owned Life Insurance

We  own  life  insurance  policies  on  the  lives  of  certain  current  and  former  officers  designated  by  the  Board  of 
Directors  to  fund  our  employee  benefit  programs.    Death  benefits,  including  gross  amounts  under  split  dollar 
agreements,  were  estimated  to  be  $131.8  million  as  of  December  31,  2023.    Generally,  under  split  dollar 
agreements, the benefits to the employees' beneficiaries are limited to each employee's active service period.  The 
investments in BOLI policies are reported at their cash surrender value, net of surrender charges, of $68.1 million 
and  $67.1  million  at  December  31,  2023  and  2022,  respectively.    The  cash  surrender  value  includes  both  the 
original  premiums  paid  for  the  life  insurance  policies  and  the  accumulated  accretion  of  policy  income  since  the 
inception of the policies, net of mortality costs and other fees.  Earnings on BOLI totaled $1.8 million, $1.2 million 
and $2.2 million in 2023, 2022 and 2021, respectively.  These earnings included death benefit proceeds in excess of 
the cash surrender values of the BOLI policies of $313 thousand in 2023, $86 thousand in 2022 and $1.1 million in 
2021.  We regularly monitor the financial information and credit ratings of our insurance carriers to ensure that they 
are creditworthy and comply with our policy.

84

 
 
 
 
 
 
 
 
 
 
 
Note 6:  Deposits

A stratification of time deposits is presented in the following table:

(in thousands)

Time deposits of less than or equal to $250 thousand

Time deposits of more than $250 thousand

Total time deposits

December 31,

2023

145,697  $ 

105,620   

251,317  $ 

2022

74,421 

44,609 

119,030 

$ 

$ 

Interest on time deposits was $4.7 million, $323 thousand and $246 thousand in 2023, 2022 and 2021, respectively. 

Scheduled maturities of time deposits at December 31, 2023 are as follows:

(in thousands)

2024

2025

2026

2027

2028

Thereafter

Total

Scheduled time deposit maturities

$  233,726  $ 

6,760  $ 

5,510  $ 

2,705  $ 

2,616  $ 

—  $  251,317 

As of December 31, 2023, $287.4 million in securities were pledged as collateral for our local agency deposits.

Our deposit portfolio includes deposits offered through the Promontory Interfinancial Network that are comprised of 
Certificate of Deposit Account Registry Service® ("CDARS") balances included in time deposits and Insured Cash 
Sweep® ("ICS") balances included in money market deposits.  In addition, we offer deposits through Reich & Tang 
Deposit  Networks,  LLC,  comprised  of  Demand  Deposit  MarketplaceSM  ("DDM")  balances.    Through  these  two 
networks  we  are  able  to  offer  our  customers  access  to  FDIC-insured  deposit  products  in  aggregate  amounts 
exceeding current insurance limits.  When we place funds through CDARS, ICS and DDM, on behalf of a customer, 
we  have  the  option  of  receiving  matching  deposits  through  the  network's  reciprocal  deposit  program,  or  placing 
deposits  "one-way"  for  which  we  receive  no  matching  deposits.    We  consider  reciprocal  deposits  to  be  in-market 
deposits,  as  distinguished  from  traditional  out-of-market  brokered  deposits.    The  following  table  shows  the 
composition of our network deposits at December 31, 2023 and 2022. 

(in thousands)

CDARS

ICS

DDM

Total network deposits

$ 

$ 

December 31, 2023

Reciprocal 1

46,162  $ 

245,577   

132,276   

424,015  $ 

One-Way 1

2,164  $ 

—   

—   

2,164  $ 

1 Reciprocal deposits are on-balance-sheet while one-way deposits are off-balance-sheet.

December 31, 2022

Reciprocal 1

11,031  $ 

100,749   

62,219   

173,999  $ 

One-Way 1
2,162 

— 

— 

2,162 

The aggregate amount of deposit overdrafts that have been reclassified as loan balances was $320 thousand and 
$247 thousand at December 31, 2023 and 2022, respectively.

The  Bank  accepts  deposits  from  shareholders,  members  of  the  board  of  directors,  and  employees  in  the  normal 
course of business, and the terms are comparable to those with non-affiliated parties.  The total deposits from board 
directors and their businesses, and executive officers were $23.6 million and $11.2 million at December 31, 2023 
and 2022, respectively.

Note 7:  Borrowings and Other Obligations

Federal Home Loan Bank: The Bank had lines of credit with the FHLB totaling $1.009 billion and $711.6 million as 
of  December  31,  2023  and  2022,  respectively,  based  on  the  eligible  collateral  of  certain  loans  and  investment 
securities.  

Federal  Funds  Lines  of  Credit: The  Bank  had  unsecured  lines  of  credit  with  correspondent  banks  for  overnight 
borrowings totaling $135.0 million and $150.0 million as of December 31, 2023 and 2022, respectively.  In general, 
interest rates on these lines approximate the federal funds target rate. 

85

 
 
 
— 

642 

— 

— 

250 

 — %

 1.18 %

 — %

 — %

 0.71 %

Federal Reserve Bank: The Bank had a line of credit with the FRBSF secured by certain residential loans totaling 
$64.0  million  and  $58.7  million  as  of  December  31,  2023  and  2022,  respectively.    In  addition,  under  the  Federal 
Reserve’s Bank Term Funding Program ("BTFP") facility, the Bank could borrow an additional $270.2 million based 
on the par values of pledged investment securities as of December 31, 2023.

Other Obligations: Finance lease liabilities totaling $298 thousand and $439 thousand at December 31, 2023 and 
2022,  respectively,  are  included  in  borrowings  and  other  obligations  in  the  Consolidated  Statements  of  Condition.  
Refer to Note 12, Commitments and Contingencies, for additional information.

The  carrying  values,  average  balances  and  average  rates  on  borrowings  and  other  obligations  as  of  and  for  the 
years ended December 31, 2023, 2022 and 2021 are summarized in the following table.

(dollars in thousands)

Carrying 
Value

Average 
Balance

Average 
Rate

Carrying 
Value

Average 
Balance

Average 
Rate

Carrying 
Value

Average 
Balance

Average 
Rate

2023

2022

2021

FHLB short-term borrowings

$ 

—  $ 164,299 

 5.10 % $ 112,000  $  1,921 

 4.48 % $ 

—  $ 

—   

—   

— 

— 

 — %  

 — %  

—   

—   

— 

— 

 — %  

 — %  

—   

—   

FHLB fixed-rate advances

Federal funds lines of credit
FRBSF short-term borrowings under 
the BTFP

Other obligations (finance leases)

298   

364 

 1.88 % $ 

439  $ 

  26,000    56,959 

 5.30 %  

—   

— 

374 

 — %  

 0.65 %  

—   

419   

Total borrowings and other 
obligations

$  26,298  $ 221,623 

 5.15 % $ 112,439  $  2,295 

 3.90 % $ 

419  $ 

892 

 1.08 %

Subordinated Debenture: As part of an acquisition, Bancorp assumed a subordinated debenture with a contractual 
balance of $4.1 million due to NorCal Community Bancorp Trust II (the "Trust"), established for the sole purpose of 
issuing  trust  preferred  securities.    On  March  15,  2021,  Bancorp  redeemed  in  full  the  $2.8  million  (book  value) 
subordinated  debenture  due  to  the  Trust,  which  had  a  251.5%  effective  rate  in  2021,  and  included  accelerated 
accretion of the $1.3 million remaining purchase discount due to the early redemption. 

Note 8:  Stockholders' Equity and Stock Plans

Share-Based Awards

The 2020 Director Stock Plan (the "Plan") provides for the payment of director fees in common shares of Bancorp's 
common  stock  not  to  exceed  250,000  shares  and  a  way  for  directors  to  purchase  shares  at  fair  market  value.  
During 2023, 2022 and 2021 we issued 18,362, 10,145 and 6,443 shares of common stock, respectively, for director 
payments.   As of December 31, 2023, 209,642 shares were available for future director fees and purchases.

The  2017  Employee  Stock  Purchase  Plan  ("ESPP")  gives  our  employees  an  opportunity  to  purchase  Bancorp's 
common shares through payroll deductions of between one and fifteen percent of their pay.  Shares are purchased 
quarterly at a five percent discount from the closing market price on the last day of the quarter.  As of December 31, 
2023, 372,923 shares were available for future purchases under the ESPP.

Under  the  2017  Equity  Plan,  the  Compensation  Committee  of  the  Board  of  Directors  has  the  discretion  to 
determine,  among  other  things,  which  employees,  advisors  and  non-employee  directors  will  receive  share-based 
awards,  the  number  and  timing  of  awards,  the  vesting  schedule  for  each  award,  and  the  type  of  award  to  be 
granted.  As of December 31, 2023, there were 790,201 shares available for future grants to employees, advisors 
and non-employee directors.  Options are issued at an exercise price equal to the fair value of the stock at the date 
of grant. Options granted to officers and employees generally vest by one-third on each anniversary of the grant for 
three years and expire ten years from the grant date.  Options granted to non-employee directors vest immediately 
and  expire  ten  years  from  the  grant  date.    Stock  options  and  restricted  stock  may  be  net  settled  in  a  cashless 
exercise by a reduction in the number of shares otherwise deliverable upon exercise or vesting in satisfaction of the 
exercise  payment  and/or  applicable  tax  withholding  requirements.    Shares  withheld  under  net  settlement 
arrangements  are  available  for  future  grants.  The  table  below  depicts  the  total  number  of  shares,  amount,  and 
weighted average price withheld for cashless exercises in each of the respective years.

86

 
 
 
Number of shares withheld

Total amount withheld (in thousands)

Weighted-average price

December 31, 
2023

December 31, 
2022

December 31, 
2021

$ 

$ 

3,132   

86  $ 

27.57  $ 

11,505   

393  $ 

34.13  $ 

27,929 

1,085 

38.85 

Performance-based  stock  awards  (restricted  stock)  are  issued  to  a  selected  group  of  employees  under  the  2017 
Equity  Plan.    Stock  award  vesting  is  contingent  upon  the  achievement  of  pre-established  long-term  performance 
goals set by the Compensation Committee of the Board of Directors.  Performance is measured over a three-year 
period and cliff vested.  These performance-based stock awards were granted at a maximum opportunity level, and 
based on the achievement of the pre-established goals, the actual payouts can range from 0% to 200% of the target 
award.  For performance-based stock awards, an estimate is made of the number of shares expected to vest based 
on the probability that the performance criteria will be met to determine the amount of compensation expense to be 
recognized.  The estimate is re-evaluated quarterly, and total compensation expense is adjusted for any change in 
the current period.  

A  summary  of  stock  option  activity  for  the  years  ended  December  31,  2023,  2022,  and  2021  is  presented  in  the 
following  table.    The  intrinsic  value  of  options  outstanding  and  exercisable  is  calculated  as  the  number  of  in-the-
money  options  times  the  difference  between  the  market  price  of  our  stock  and  the  exercise  prices  of  the  in-the-
money options as of each year-end period presented.

Options outstanding at December 31, 2020

371,584  $ 

29.92  $ 

2,262 

Number of 
Shares

Weighted 
Average 
Exercise Price

 Aggregate 
Intrinsic Value
(in thousands)

Weighted 
Average Grant-
Date Fair 
Value

Granted

Cancelled, expired or forfeited

Exercised

Options outstanding at December 31, 2021

Exercisable (vested) at December 31, 2021

Options outstanding at December 31, 2021

Granted

Cancelled, expired or forfeited

Exercised

Options outstanding at December 31, 2022

Exercisable (vested) at December 31, 2022

Options outstanding at December 31, 2022

Granted

Cancelled, expired or forfeited

Exercised
Options outstanding at December 31, 2023
Exercisable (vested) at December 31, 2023

55,861   

(2,008)   

(60,056)   

365,381   

315,744   

365,381   

39,094   

(23,760)   

(51,010)   

329,705   

287,228   

329,705   

10,040   

(23,804)   

(12,164)   
303,777   
283,578   

36.39 

42.50 

23.01   

31.97   

30.85   

31.97   

34.16 

37.48 

23.01   

33.22   

32.81   

33.22   

32.54 

35.06 

20.25   
33.22   
33.46   

885 

2,326 

2,264 

2,326 

617 

813 

813 

813 

88 
1 
1 

8.84 

8.49 

8.49 

Weighted 
Average 
Remaining 
Contractual 
Term
(in years)

5.12

5.57

5.15

5.57

5.59

5.15

5.59

4.86
4.65

A summary of the options outstanding and exercisable by price range as of December 31, 2023 is presented in the 
following table:

Range of Exercise Prices

Stock Options Outstanding as of                         

December 31, 2023

Stock Options 
Outstanding

Remaining 
Contractual Life (in 
years)

Weighted 
Average 
Exercise Price

 Stock Options Exercisable as of  
December 31, 2023

Stock Options 
Exercisable

Weighted 
Average 
Exercise Price

$10.00 - $20.00  

$20.01 - $30.00  

$30.01 - $40.00  

$40.01 - $50.00  

402 

73,080 

171,457 

58,838 

303,777 

3.1 $ 

1.5

6.0

5.6

19.96 

24.64

34.48

42.13

402  $ 

73,080 

151,258 

58,838 

283,578 

19.96 

24.64

34.39

42.13

87

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
The  following  table  summarizes  non-vested  restricted  stock  awards  and  changes  during  the  years  ended 
December 31, 2023, 2022, and 2021.

Non-vested awards at December 31, 2020

Granted

Vested

Cancelled or forfeited

Non-vested awards at December 31, 2021

Granted

Vested

Cancelled or forfeited

Non-vested awards at December 31, 2022

Granted

Vested

Cancelled or forfeited

Non-vested awards at December 31, 2023

Weighted 
Average 
Grant-Date 
Fair Value

39.50 

38.00 

36.81 

33.96 

40.25 

34.03 

41.49 

41.80 

36.28 

27.10 

36.24 

36.86 

30.88 

Number of 
Shares

61,328  $ 

30,742   

(26,392)   

(3,848)   

61,830   

46,672   

(12,444)   

(13,692)   

82,366   

61,978   

(15,768)   

(21,024)   

107,552   

We determine the fair value of stock options at the grant date using the Black-Scholes pricing model that takes into 
account the stock price at the grant date, exercise price, and the following assumptions (weighted-average shown). 

Risk-free interest rate

Expected dividend yield on common stock

Expected life in years

Expected price volatility

Years ended December 31,

2023

 3.94 %

 3.07 %

5.0

 34.68 %

2022

 1.86 %

 2.85 %

6.0

 33.44 %

2021

 0.98 %

 2.57 %

6.1

 33.12 %

The  fair  value  of  stock  options  as  of  the  grant  date  is  recorded  as  stock-based  compensation  expense  in  the 
consolidated  statements  of  comprehensive  income  (loss)  over  the  requisite  service  period,  which  is  generally  the 
vesting  period,  with  a  corresponding  increase  in  common  stock.    Stock-based  compensation  also  includes 
compensation expense related to the issuance of restricted stock awards.  The grant-date fair value of the restricted 
stock awards, which equals the grant date price, is recorded as compensation expense over the requisite service 
period  with  a  corresponding  increase  in  common  stock  as  the  shares  vest.    Stock  options  and  restricted  stock 
awards  issued  include  a  retirement  eligibility  clause  whereby  the  requisite  service  period  is  satisfied  at  the 
retirement  eligibility  date.    For  those  awards,  we  accelerate  the  recording  of  stock-based  compensation  when  the 
award holder is eligible to retire.  However, retirement eligibility does not affect the vesting of restricted stock or the 
exercisability of the stock options, which are based on the scheduled vesting period.  Total compensation expense 
for stock options and restricted stock awards was $522 thousand, $962 thousand, and $972 thousand during 2023, 
2022,  and  2021,  respectively,  and  the  total  recognized  deferred  tax  benefits  related  thereto  were  $146  thousand, 
$257 thousand, and $213 thousand, respectively.

As  of  December  31,  2023,  there  was  $1.3  million  of  total  unrecognized  compensation  expense  related  to  non-
vested  stock  options  and  restricted  stock  awards,  which  is  expected  to  be  recognized  over  a  weighted-average 
period of approximately 2.2 years.  The total grant-date fair value of stock options vested during the years ended 
December 31, 2023, 2022, and 2021 was $255 thousand, $356 thousand, and $514 thousand, respectively.  The 
total grant-date fair value of restricted stock awards vested during 2023, 2022, and 2021 was $428 thousand, $431 
thousand, and $1.0 million, respectively. 

We  record  excess  tax  benefits  (deficiencies)  resulting  from  the  exercise  of  non-qualified  stock  options,  the 
disqualifying  disposition  of  incentive  stock  options  and  vesting  of  restricted  stock  awards  as  income  tax  benefits 
(expense)  in  the  consolidated  statements  of  comprehensive  income  (loss),  with  a  corresponding  decrease 
(increase)  to  current  taxes  payable.    In  2023,  2022,  and  2021  we  recognized  $2  thousand,  $3  thousand,  and 
$87 thousand, respectively, in excess tax benefits recorded as a reduction to income tax expense related to these 

88

 
 
 
 
 
 
 
 
 
 
 
 
 
types  of  transactions.    The  tax  benefits  realized  from  disqualifying  dispositions  of  incentive  stock  options  were 
recognized in tax expense to the extent of the book compensation cost recorded.

Dividends

Presented below is a summary of cash dividends paid in 2023, 2022 and 2021 to common shareholders, recorded 
as  a  reduction  from  retained  earnings.    On  January  25,  2024,  the  Board  of  Directors  declared  a  $0.25  per  share 
cash  dividend,  paid  on  February  15,  2024  to  the  shareholders  of  record  at  the  close  of  business  on  February  8, 
2024.

(in thousands except per share data)

Cash dividends to common stockholders

Cash dividends per common share

Years ended December 31,

2023

16,106  $ 

1.00  $ 

2022

15,673  $ 

0.98  $ 

2021

13,107 

0.94 

$ 

$ 

Holders  of  unvested  restricted  stock  awards  are  entitled  to  dividends  at  the  same  per-share  ratio  as  holders  of 
common stock.  Tax benefits for dividends paid on unvested restricted stock awards are recorded as tax benefits in 
the  consolidated  statements  of  comprehensive  income  (loss)  with  a  corresponding  decrease  to  current  taxes 
payable.  Dividends on forfeited awards are included in stock-based compensation expense.

Under  the  California  Corporations  Code,  payment  of  dividends  by  Bancorp  to  its  shareholders  is  restricted  to  the 
amount  of  retained  earnings  immediately  prior  to  the  distribution  or  the  amount  of  assets  that  exceeds  the  total 
liabilities immediately after the distribution.  As of December 31, 2023, Bancorp's retained earnings and total assets 
that exceeded total liabilities were $274.6 million and $439.1 million, respectively.

Under  the  California  Financial  Code,  payment  of  dividends  by  the  Bank  to  Bancorp  is  restricted  to  the  lesser  of 
retained  earnings  or  the  amount  of  undistributed  net  profits  of  the  Bank  from  the  three  most  recent  fiscal  years.  
Under this restriction, approximately $6.1 million of the Bank's retained earnings balance was available for payment 
of dividends to Bancorp as of December 31, 2023.  Bancorp held $7.2 million in cash as of December 31, 2023.  

Share Repurchase Program

On July 16, 2021, Bancorp Board of Directors approved a share repurchase program under which Bancorp could 
repurchase  up  to  $25.0  million  of  its  outstanding  common  stock  through  July  31,  2023.    On  October  22,  2021, 
Bancorp's Board of Directors approved an amendment to the share repurchase program, which increased the total 
authorization from $25.0 million to $57.0 million and left the expiration date unchanged.  The last activity under the 
program was in the first quarter of 2022 when Bancorp repurchased 23,275 shares totaling $877 thousand. 

On July 21, 2023, the Board of Directors approved the adoption of Bancorp's new share repurchase program, which 
replaced the existing program that expired on July 31, 2023, for up to $25.0 million and expires on July 31, 2025. 
There were no repurchases under this program in 2023. 

Under the share repurchase program, Bancorp may purchase shares of its common stock through various means, 
such as open market transactions, including block purchases, and privately negotiated transactions.  The number of 
shares repurchased and the timing, manner, price and amount of any repurchases will be determined at Bancorp's 
discretion.  Factors include, but are not limited to, stock price, trading volume and general market conditions, along 
with Bancorp’s general business conditions.  The program may be suspended or discontinued at any time and does 
not obligate Bancorp to acquire any specific number of shares of its common stock.

As  part  of  the  share  repurchase  program,  Bancorp  entered  into  a  trading  plan  adopted  in  accordance  with  Rule 
10b5-1 of the Securities Exchange Act of 1934, as amended.  The 10b5-1 trading plan permits common stock to be 
repurchased  at  times  that  might  otherwise  be  prohibited  under  insider  trading  laws  or  self-imposed  trading 
restrictions.    The  10b5-1  trading  plan  is  administered  by  an  independent  broker  and  is  subject  to  price,  market 
volume and timing restrictions.

89

 
 
 
Note 9:  Fair Value of Assets and Liabilities

Fair Value Hierarchy and Fair Value Measurement

We group our assets and liabilities that are measured at fair value into three levels within the fair value hierarchy, 
based  on  the  markets  in  which  the  assets  and  liabilities  are  traded  and  the  reliability  of  the  assumptions  used  to 
determine fair value.  These levels are:

Level 1:  Valuations are based on unadjusted quoted prices in active markets for identical assets or liabilities.

Level 2:  Valuations are based on quoted prices for similar instruments in active markets, quoted prices for identical 
or  similar  instruments  in  markets  that  are  not  active  and  model-based  valuations  for  which  all  significant 
assumptions are observable or can be corroborated by observable market data.

Level 3:  Valuations are based on unobservable inputs that are supported by little or no market activity and that are 
significant to the fair value of the assets or liabilities.  Values are determined using pricing models and discounted 
cash flow models and may include significant management judgment and estimation.

Transfers between levels of the fair value hierarchy are recognized through our monthly and/or quarterly valuation 
process in the reporting period during which the event or circumstances that caused the transfer occurred.  No such 
transfers occurred in the years presented.

The  following  table  summarizes  our  assets  and  liabilities  that  were  required  to  be  recorded  at  fair  value  on  a 
recurring basis.

(in thousands)

Description of Financial Instruments

December 31, 2023

Securities available for sale:

Mortgage-backed securities and collateralized mortgage 
obligations issued by U.S. government-sponsored 
agencies

SBA-backed securities

Debentures of government sponsored agencies
U.S. Treasury securities

Obligations of state and political subdivisions

Corporate bonds

Derivative financial assets (interest rate contracts)
Derivative financial liabilities (interest rate contracts)

December 31, 2022

Securities available for sale:

Mortgage-backed securities and collateralized mortgage 
obligations issued by U.S. government-sponsored 
agencies

SBA-backed securities

Debentures of government sponsored agencies
U.S. Treasury securities

Obligations of state and political subdivisions

Corporate bonds
Asset-backed securities

Derivative financial assets (interest rate contracts)

 1Other comprehensive income (loss) ("OCI") or net income ("NI").

Quoted Prices 
in Active 
Markets for 
Identical 
Assets 
(Level 1)

Carrying 
Value

Significant 
Other 
Observable 
Inputs (Level 2)

Significant 
Unobservable 
Inputs (Level 3)

Measurement 
Categories: 
Changes in 
Fair Value 
Recorded In1

$ 
$ 

$ 

$ 

$ 

$ 

$ 
$ 

$ 

$ 

$ 
$ 

$ 

$ 
$ 

$ 

352,472  $ 
19,471  $ 
66,862  $ 
10,623  $ 
91,882  $ 
10,718  $ 
287  $ 
1,361  $ 

475,505  $ 

44,355  $ 

135,106  $ 
10,269  $ 

102,123  $ 

33,276  $ 
1,462  $ 

602  $ 

—  $ 

—  $ 

—  $ 
10,623  $ 

—  $ 

—  $ 

—  $ 
—  $ 

—  $ 

—  $ 

—  $ 
10,269  $ 

—  $ 

—  $ 
—  $ 

—  $ 

352,472  $ 

19,471  $ 

66,862  $ 
—  $ 

91,882  $ 

10,718  $ 

287  $ 
1,361  $ 

475,505  $ 

44,355  $ 

135,106  $ 
—  $ 

102,123  $ 

33,276  $ 
1,462  $ 

602  $ 

— 

— 

— 
— 

— 

— 

— 
— 

— 

— 

— 
— 

— 

— 
— 

— 

OCI

OCI

OCI

OCI

OCI

OCI

NI
NI

OCI

OCI

OCI

OCI

OCI

OCI

OCI

NI

Available-for-sale securities are recorded at fair value on a recurring basis.  When available, quoted market prices 
(Level  1)  are  used  to  determine  the  fair  value  of  available-for-sale  securities.    Level  1  securities  include  U.S. 

90

 
 
 
 
 
 
 
 
 
 
 
 
 
   
 
 
 
 
 
 
Treasury securities. If quoted market prices are not available, we obtain pricing information from a reputable third-
party  service  provider,  who  may  utilize  valuation  techniques  that  use  current  market-based  or  independently 
sourced  parameters,  such  as  bid/ask  prices,  dealer-quoted  prices,  interest  rates,  benchmark  yield  curves, 
prepayment  speeds,  probability  of  default,  loss  severity  and  credit  spreads  (Level  2).      Level  2  securities  include 
asset-backed  securities,  obligations  of  state  and  political  subdivisions,  U.S.  agencies  or  government-sponsored 
agencies' debt securities, mortgage-backed securities, government agency-issued securities, and corporate bonds. 
As of December 31, 2023 and 2022, there were no Level 3 securities. 

Held-to-maturity securities may be subject to an allowance for credit losses as a result of our evaluation of expected 
losses due to credit quality factors.  We did not record any credit loss expense on held-to-maturity securities during 
2023  or  2022.    The  fair  value  of  held-to-maturity  securities  is  determined  using  the  same  techniques  discussed 
above for available-for-sale securities.

On  a  recurring  basis,  derivative  financial  instruments  are  recorded  at  fair  value,  which  is  based  on  the  income 
approach using observable Level 2 market inputs, reflecting market expectations of future interest rates as of the 
measurement date.  Standard valuation techniques are used to calculate the present value of the future expected 
cash flows assuming an orderly transaction.  Valuation adjustments may be made to reflect both our own credit risk 
and the counterparties’ credit risk in determining the fair value of the derivatives.  These unobservable inputs are not 
considered significant inputs to the fair value measurement overall.  Level 2 inputs for the valuations are limited to 
observable market prices for Secured Overnight Financing Rate ("SOFR") and Overnight Index Swap ("OIS") rates 
(for  the  very  short  term),  quoted  prices  for  SOFR  futures  contracts,  observable  market  prices  for  SOFR  and  OIS 
swap  rates,  and  one-month  and  three-month  SOFR  basis  spreads  at  commonly  quoted  intervals.      Mid-market 
pricing  of  the  inputs  is  used  as  a  practical  expedient  in  fair  value  measurements.    We  project  spot  rates  at  reset 
days  specified  by  each  swap  contract  to  determine  future  cash  flows,  then  discount  to  present  value  using  OIS 
curves as of the measurement date.  When the value of any collateral placed with counterparties is less than the 
interest rate derivative liability, a credit valuation adjustment ("CVA") is applied to reflect the credit risk we pose to 
counterparties.  We have used the spread between the Standard & Poor's BBB rated U.S. Bank Composite rate and 
SOFR for the closest maturity term corresponding to the duration of the swaps to derive the CVA.  Because there is 
little  to  no  counterparty  risk,  we  did  not  incorporate  credit  adjustments  from  our  assessment  of  the  counterparty 
credit risk in determining fair value.  For further discussion on our methodology for valuing our derivative financial 
instruments, refer to Note 9, Derivative Financial Instruments and Hedging Activities.

Certain financial assets may be measured at fair value on a non-recurring basis.  These assets are subject to fair 
value  adjustments  that  result  from  the  application  of  the  lower  of  cost  or  fair  value  accounting  or  write-downs  of 
individual  assets,  such  as  individually  analyzed  loans  that  are  collateral  dependent  and  other  real  estate  owned 
("OREO").  

OREO is classified as Level 3 and represents collateral acquired through foreclosure and is initially recorded at fair 
value  as  established  by  a  current  appraisal  of  the  collateral.    Subsequent  to  foreclosure,  OREO  is  carried  at  the 
lower of cost or fair value, less estimated costs to sell.  On July 12, 2023, the Bank completed the sale of its only 
OREO property.

The following table presents the carrying value of assets measured at fair value on a non-recurring basis and that 
were held in the consolidated statements of condition at each respective period end, by level within the fair value 
hierarchy as of December 31, 2023 and 2022.

(in thousands)

December 31, 2023
Other real estate owned

December 31, 2022
Other real estate owned

Carrying Value

$ 

$ 

—  $ 

455  $ 

Quoted Prices in 
Active Markets for 
Identical Assets 
(Level 1)

Significant Other 
Observable Inputs 
(Level 2)

Significant 
Unobservable 
Inputs 
(Level 3)

—  $ 

—  $ 

—  $ 

—  $ 

— 

455 

91

Disclosures about Fair Value of Financial Instruments

The table below is a summary of fair value estimates for financial instruments as of December 31, 2023 and 2022, 
excluding financial instruments recorded at fair value on a recurring basis (summarized in the first table in this note).  
The  carrying  amounts  in  the  following  table  are  recorded  in  the  consolidated  statements  of  condition  under  the 
indicated captions. Further, we have not disclosed the fair value of financial instruments specifically excluded from 
disclosure  requirements  such  as  bank-owned  life  insurance  policies  ("BOLI"),  lease  obligations  and  non-maturity 
deposit liabilities.  Additionally, we held shares of Federal Home Loan Bank ("FHLB") of San Francisco stock at cost 
as  of  December  31,  2023  and  2022,  and  Visa  Inc.  Class  B  common  stock  with  no  carrying  value  as  of 
December 31, 2022, which was sold entirely in July of 2023.  There were no impairments or changes resulting from 
observable  price  changes  in  orderly  transactions  for  the  identical  or  similar  investments  of  the  same  issuer  as  of 
December 31, 2023 and 2022.  See further discussion on values within Note 2, Investment Securities, above.

(in thousands)

Financial assets (recorded at amortized cost)

December 31, 2023

December 31, 2022

Carrying 
Amounts

Fair Value

Fair Value 
Hierarchy

Carrying 
Amounts

Fair Value

Fair Value 
Hierarchy

Cash and cash equivalents

Investment securities held-to-maturity

$ 

30,453  $ 

925,198   

30,453 

814,830 

Level 1 $ 

45,424  $ 

45,424 

Level 2  

972,207   

845,239 

Loans, net of allowance for credit losses

2,048,548   

1,939,702 

Level 3  

2,069,563   

1,993,866 

Interest receivable

12,752   

12,752 

Level 2  

13,069   

13,069 

Level 1

Level 2

Level 3

Level 2

Financial liabilities (recorded at amortized cost)

Time deposits

251,317   

252,824 

Level 2  

119,030   

118,333 

Level 2

Federal Home Loan Bank overnight borrowings

FRBSF short-term borrowings under the BTFP

Interest payable

—   

26,000   

2,752   

— 

Level 1

112,000   

112,000 

Level 1

25,998 

2,752 

Level 2  

Level 2  

—   

75   

— 

75 

Level 2

Level 2

The fair value of loans is based on exit price techniques and obtained from an independent third-party that uses its 
proprietary valuation model and methodology and may differ from the actual price from a prospective buyer.  The 
discounted cash flow valuation approach reflects key inputs and assumptions that are unobservable, such as loan 
probability of default, loss given default, prepayment speed, and market discount rates.

The  fair  value  of  fixed-rate  time  deposits  is  estimated  by  discounting  future  contractual  cash  flows  using  discount 
rates that reflect the current observable market rates offered for time deposits of similar remaining maturities.

The  value  of  off-balance-sheet  financial  instruments  is  estimated  based  on  the  fee  income  associated  with  the 
commitments, which, in the absence of credit exposure, is considered to approximate their settlement value.  The 
fair value of commitment fees was not material as of December 31, 2023 and 2022.

Note 10:  Benefit Plans

Deferred Compensation Plans

We established the Bank of Marin Executive Deferred Compensation Plan, which allows certain key management 
personnel  designated  by  the  Board  of  Directors  of  the  Bank  to  defer  up  to  80%  of  their  salary  and  100%  of  their 
annual  bonus.    In  addition,  we  assumed  deferred  compensation  plans  for  certain  members  of  management  and 
non-employee directors as part of an acquisition in 2021.  In 2021, we established a similar Deferred Director Fee 
Plan,  which  allows  members  of  the  Board  of  Directors  to  defer  the  cash  portion  of  their  director  compensation.  
Amounts deferred earn interest equal to the prime rate, as published in the Wall Street Journal, on the first business 
day  of  each  year,  which  was  7.50%  on  January  1,  2023,  and  3.25%  on  January  1,  2022.    Benefit  payments  will 
generally commence upon separation from service at or after normal retirement age, as elected by the participant.

Our  deferred  compensation  obligations  under  these  plans  totaled  $6.6  million  and  $7.1  million  at  December  31, 
2023 and 2022, respectively, and are included in interest payable and other liabilities. 

92

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
401(k) Defined Contribution Plan

Our 401(k) Defined Contribution Plan (“401(k) Plan”) is available to all regular employees at least eighteen years of 
age  who  complete  ninety  days  of  service,  and  participate  in  the  plan  beginning  on  the  first  day  of  the  calendar 
quarter that immediately follows the date the participant meets the age and service requirements.  Under the 401(k) 
Plan,  employees  can  defer  between  1%  and  50%  of  their  eligible  compensation,  up  to  the  maximum  amount 
allowed  by  the  Internal  Revenue  Code.    The  Bank  provides  an  employer-match  of  70%  of  each  participant's 
contribution,  with  a  maximum  of  $5  thousand  per  participant  per  year.    Employer  matching  contributions  to  the 
401(k)  Plan  vest  at  a  rate  of  20%  per  year  over  five  years.    Employer  contributions  totaled  $871  thousand,  $949 
thousand  and  $991  thousand  for  the  years  ended  December  31,  2023,  2022  and  2021,  respectively,  and  are 
recorded in salaries and employee benefits expense.

Employee Stock Ownership Plan

Our Employee Stock Ownership Plan (“ESOP”) is available to all employees under the same eligibility criteria as the 
401(k)  Plan;  however,  employee  contributions  are  not  permitted.    The  Board  of  Directors  determines  a  specific 
portion  of  the  Bank's  profits  to  be  contributed  to  the  ESOP  each  year  either  in  common  stock  or  in  cash  for  the 
purchase  of  Bancorp  stock  to  be  allocated  to  all  eligible  employees  based  on  a  percentage  of  their  salaries, 
regardless of whether an employee participates in the 401(k) Plan.  For all participants, employer contributions vest 
over a five-year service period.  After five years of service, all future employer contributions vest immediately.

Bancorp  issued  shares  of  common  stock  and  contributed  them  to  the  ESOP  totaling  $1.3  million  in  2023, 
$1.2 million in 2022 and $1.3 million in 2021, based on the quoted market price on the date of contribution.  Cash 
dividends paid on Bancorp stock held by the ESOP are used to purchase additional shares in the open market.  All 
shares of Bancorp stock held by the ESOP are included in the calculations of basic and diluted earnings per share.  
The Company's contributions to the ESOP are included in salaries and benefits expense. 

Supplemental Executive Retirement Plans

Supplemental  executive  retirement  plans  ("SERPs")  have  been  established  for  a  select  group  of  executive 
management  who,  upon  retirement,  will  receive  25%  of  their  estimated  salary  as  salary  continuation  benefit 
payments that are fixed between five to fifteen years, depending on the executives' service period.  Each participant 
is  required  to  participate  in  the  plan  for  five  years  before  vesting  begins.    After  five  years,  the  participant  vests 
ratably in the benefit over the remaining service period until age 65.  As part of previous acquisitions, we assumed 
SERPs  for  certain  former  executive  officers  and  directors.    These  plans  are  unfunded  and  nonqualified  for  tax 
purposes and for purposes of Title I of the Employee Retirement Income Security Act of 1974.  

At December 31, 2023 and 2022, respectively, our total liability under the SERPs was $4.5 million and $4.7 million 
recorded in interest payable and other liabilities. 

Note 11:  Income Taxes

The current and deferred components of the income tax provision for each of the three years ended December 31 
are as follows:

(in thousands)

Current tax provision

Federal

State

Total current tax provision

Deferred tax provision (benefit)

Federal

State

Total deferred tax provision (benefit) 

Total income tax provision

$ 

2023

2022

2021

3,234  $ 

2,823   

6,057   

319   

(235)   

84   

10,670  $ 

6,687   

17,357   

6,627 

4,815 

11,442 

(441)   

7   

(434)   

274 

(58) 

216 

$ 

6,141  $ 

16,923  $ 

11,658 

93

 
 
 
 
 
The following table shows the tax effect of our cumulative temporary differences as of December 31:

(in thousands)

Deferred tax assets:

Net unrealized losses on securities available-for-sale

Allowance for credit losses on loans and unfunded loan commitments

Operating and finance lease liabilities

Deferred compensation and salary continuation plans

Accrued but unpaid expenses

Net operating loss carryforwards

Fair value adjustment on acquired loans

Stock-based compensation

State franchise tax

Depreciation and disposals on premises and equipment

Other

  Total gross deferred tax assets

Deferred tax liabilities:

Operating and finance lease right-of-use assets

Deferred loan origination costs and fees

Core deposit intangible assets

Other

  Total gross deferred tax liabilities

Net deferred tax assets

2023

2022

$ 

20,993  $ 

29,458 

7,775   

6,860   

3,289   

1,709   

1,136   

695   

632   

593   

179   

74   

7,229 

8,002 

3,481 

1,751 

1,239 

905 

697 

1,396 

236 

194 

43,935   

54,588 

(6,092)   

(1,435)   

(1,113)   

(226)   

(8,866)   

$ 

35,069  $ 

(7,465) 

(1,476) 

(1,512) 

(279) 

(10,732) 

43,856 

As of December 31, 2023, California net operating loss carryforwards ("NOLs") of $13.3 million corresponded to the 
total  $1.1  million  deferred  tax  asset  above.    If  not  fully  utilized,  the  California  NOLs  will  begin  to  expire  in  2031.  
Based upon the level of historical taxable income and projections for future taxable income over the periods during 
which the deferred tax assets are expected to be deductible, management believes it is more likely than not that we 
will  realize  the  benefit  of  the  remaining  deferred  tax  assets.    Accordingly,  no  valuation  allowance  has  been 
established as of December 31, 2023 or 2022.

The effective tax rate for 2023, 2022 and 2021 differs from the current federal statutory income tax rate as follows:

Federal statutory income tax rate

Increase (decrease) due to:

California franchise tax, net of federal tax benefit

Tax exempt interest on municipal securities and loans

Tax exempt earnings on bank owned life insurance

Non-deductible acquisition related expenses

Non-deductible executive compensation
Low income housing and qualified zone academy bond tax credits

Stock-based compensation and excess tax deficiencies (benefits)

Other

Effective Tax Rate

2023

 21.0 %

 7.9 %

 (3.1) %

 (1.5) %

 — %

 — %
 (0.6) %

 0.2 %

 (0.3) %

 23.6 %

2022

 21.0 %

 8.3 %

 (1.9) %

 (0.4) %

 — %

 — %
 (0.2) %

 — %

 (0.2) %

 26.6 %

2021

 21.0 %

 8.4 %

 (2.5) %

 (1.0) %

 0.6 %

 0.4 %
 (0.4) %

 (0.1) %

 (0.4) %

 26.0 %

Bancorp  and  the  Bank  have  entered  into  a  tax  allocation  agreement,  which  provides  that  income  taxes  shall  be 
allocated between the parties on a separate entity basis.  The intent of this agreement is that each member of the 
consolidated group will incur no greater tax liability than it would have incurred on a stand-alone basis.

We file a consolidated return in the U.S. federal tax jurisdiction and a combined return in the State of California tax 
jurisdiction.    There  were  no  ongoing  federal  or  state  income  tax  examinations  at  the  time  of  the  issuance  of  this 
report.  We are no longer subject to examinations by tax authorities for years before 2020 for federal income tax and 
before 2019 for California.  At December 31, 2023 and 2022, there were no unrecognized tax benefits, and neither 
the Bank nor Bancorp had accruals for interest and penalties related to unrecognized tax benefits.

94

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Note 12:  Commitments and Contingencies

Leases

We  lease  premises  under  long-term  non-cancelable  operating  leases  with  remaining  terms  of  approximately  4 
months  to  18  years,  5  months,  most  of  which  include  escalation  clauses  and  one  or  more  options  to  extend  the 
lease term, and some of which contain lease termination clauses.  Lease terms may include certain renewal options 
that were considered reasonably certain to be exercised.

We lease certain equipment under finance leases with initial terms of 3 to 5 years.  The equipment finance leases 
do not contain renewal options, bargain purchase options, or residual value guarantees.

The following table shows the balances of operating and finance lease right-of-use assets and lease liabilities as of 
December 31, 2023 and 2022.

(in thousands)

Operating leases:

Operating lease right-of-use assets

Operating lease liabilities

Finance leases:

Finance lease right-of-use assets

Accumulated amortization
Finance lease right-of-use assets, net1
Finance lease liabilities2

December 31, 2023

December 31, 2022

$ 

$ 

$ 

20,316  $ 

22,906   

608   

(319)   

289  $ 

298  $ 

24,821 

26,639 

616 

(187) 

429 

439 

1 Included in premises and equipment in the consolidated statements of condition.
2 Included in borrowings and other obligations in the consolidated statements of condition.

The  following  table  shows  supplemental  disclosures  of  noncash  investing  and  financing  activities  for  the  years 
ended December 31, 2023, 2022 and 2021.

(in thousands)

Right-of-use assets obtained in exchange for operating lease liabilities

Right-of-use assets obtained in exchange for finance lease liabilities

2023

2022

2021

437  $ 

6,116  $ 

2,376 

7  $ 

151  $ 

444 

$ 

$ 

The following table shows components of operating and finance lease cost for the years ended December 31, 2023, 
2022 and 2021.

(in thousands)
Operating lease cost1
Variable lease cost
Total operating lease cost
Finance lease cost:
Amortization of right-of-use assets2
Interest on finance lease liabilities3
Total finance lease cost

$ 

$ 

$ 

$ 

Total lease cost
1 Included in occupancy and equipment expense in the consolidated statements of comprehensive income (loss).
2 Included in depreciation and amortization in the consolidated statements of comprehensive income (loss).
3 Included in interest on borrowings and other obligations in the consolidated statements of comprehensive income (loss).

$ 

2023

5,493  $ 

—   
5,493  $ 

2022

5,356  $ 

—   
5,356  $ 

147  $ 

127  $ 

7   

3   

154  $ 

130  $ 

2021

4,823 

— 
4,823 

96 

2 

98 

5,647  $ 

5,486  $ 

4,921 

The  following  table  shows  the  future  minimum  lease  payments,  weighted  average  remaining  lease  terms,  and 
weighted average discount rates under operating and finance lease arrangements as of December 31, 2023.  Total 
minimum  lease  payments  do  not  include  future  minimum  payment  obligations  of  approximately  $2.0  million, 
excluding  renewal  options,  for  an  operating  lease  agreement  related  to  an  existing  retail  branch  that  commenced 
subsequent to December 31, 2023.  The discount rates used to calculate the present value of lease liabilities were 
based  on  the  collateralized  FHLB  borrowing  rates  that  were  commensurate  with  lease  terms  and  minimum 
payments on the lease commencement date.

95

 
 
 
 
 
 
(in thousands)

Year

2024

2025

2026

2027

2028

Thereafter

Total minimum lease payments

Amounts representing interest (present value discount)

December 31, 2023

Operating 
Leases

Finance 
Leases

$ 

4,753 

$ 

4,112 

3,373 

3,096 

2,710 

7,308 

25,352 

(2,446) 

155 

108 

38 

5 

— 

— 

306 

(8) 

Present value of net minimum lease payments (lease liability)

$  22,906 

$ 

298 

Weighted average remaining term (in years)

Weighted average discount rate

Litigation Matters

7.3

 2.40 %

2.2

 2.07 %

Bancorp may be subject to legal actions that arise from time to time in the normal course of business.  Bancorp's 
management is not aware of any pending legal proceedings to which either it or the Bank may be a party or has 
recently been a party that will have a material adverse effect on the financial condition or results of operations of 
Bancorp or the Bank.

The  Bank  is  responsible  for  a  proportionate  share  of  certain  litigation  indemnifications  provided  to  Visa  U.S.A. 
("Visa") by its member banks in connection with Visa's lawsuits related to anti-trust charges and interchange fees 
("Covered  Litigation").    We  sold  our  remaining  shares  on  July  13,  2023,  however,  our  proportionate  share  of  the 
litigation indemnification liability does not change or transfer upon the sale of our Class B Visa shares to member 
banks or, per the terms of the sale, to the recent purchaser of our shares.  Visa established an escrow account for 
the Covered Litigation that it periodically funds, which is expected to cover the settlement payment obligations.  

Litigation is ongoing, and until the court approval process is complete, there is no assurance that Visa will resolve 
the  claims  as  contemplated  by  the  amended  class  settlement  agreement,  and  additional  lawsuits  may  arise  from 
individual merchants who opted out of the class settlement.  However, until the escrow account is fully depleted and 
the conversion rate of Class B to Class A common stock is reduced to zero, no future cash settlement payments are 
required by the member banks, such as us, on the Covered Litigation.  Therefore, we are not required to record any 
contingent liabilities for the indemnification related to the Covered Litigation, as we consider the probability of losses 
to be remote.

Note 13:  Concentrations of Credit Risk

Concentration of credit risk is associated with a lack of diversification, such as having substantial investments in a 
few  individual  issuers,  thereby  potentially  exposing  us  to  adverse  economic,  political,  regulatory,  geographic, 
industrial  or  credit  developments.    Financial  instruments  that  potentially  subject  us  to  concentrations  of  credit  risk 
consist primarily of cash and cash equivalents, investment securities and loans.  

At  times,  our  cash  in  correspondent  bank  accounts  may  exceed  FDIC  insured  limits.    We  place  cash  and  cash 
equivalents  with  the  Federal  Reserve  Bank  and  other  high  credit  quality  financial  institutions,  periodically  monitor 
their credit worthiness and limit the amount of credit exposure to any one institution according to regulations.  

Concentrations  of  credit  risk  with  respect  to  investment  securities  primarily  related  to  the  U.S.  government  and 
GSEs,  which  accounted  for  $1.272  billion,  or  86%  of  our  total  investment  portfolio  at  December  31,  2023  and 
$1.535  billion,  or  87%  at  December  31,  2022.  The  decrease  was  mainly  due  to  the  sale  of  $167.4  million  and 
$106.1 million in paydowns of this security type in 2023. The largest security not issued by the U.S. government or a 
GSE accounted for approximately 1% of our total investment portfolio at both December 31, 2023 and 2022.  

We also manage our credit exposure related to our loan portfolio to avoid the risk of undue concentration of credits 
in a particular industry or geographic location by reducing significant exposure to highly leveraged transactions or to 

96

 
 
 
 
 
 
 
 
 
 
 
 
 
 
any  individual  customer  or  counterparty,  and  by  obtaining  collateral,  as  appropriate.    With  the  heightened  market 
concern  about  non-owner-occupied  commercial  real  estate,  and  in  particular  the  office  sector,  we  continue  to 
maintain diversity among property types and within our geographic footprint. In particular, our office commercial real 
estate  portfolio  in  the  City  of  San  Francisco  represented  3%  of  our  total  loan  portfolio  and  6%  of  our  total  non-
owner-occupied commercial real estate portfolio as of December 31, 2023.

No single borrower relationship accounted for more than 3% of outstanding loan balances at December 31, 2023 or 
2022.    The  largest  loan  concentration  is  real  estate,  which  accounted  for  90%  of  our  loan  portfolio  at  both 
December 31, 2023 and 2022.

 Note 14:  Derivative Financial Instruments and Hedging Activities

The  Bank  is  exposed  to  certain  risks  from  both  its  business  operations  and  changes  in  economic  conditions.   As 
part  of  our  asset/liability  and  interest  rate  risk  management  strategy,  we  may  enter  into  interest  rate  derivative 
contracts to modify repricing characteristics of certain of our interest-earning assets and interest-bearing liabilities.  
The Bank generally designates interest rate hedging agreements utilized in the management of interest rate risk as 
either fair value hedges or cash flow hedges.

Our  credit  exposure,  if  any,  on  interest  rate  swap  asset  positions  is  limited  to  the  fair  value  (net  of  any  collateral 
pledged to us) and interest payments of all swaps by each counterparty.  Conversely, when an interest rate swap is 
in a liability position exceeding a certain threshold, we may be required to post collateral to the counterparty in an 
amount determined by the agreements.  Collateral levels are monitored and adjusted on a regular basis for changes 
in interest rate swap values.  

On  July  7,  2023,  the  Bank  entered  into  various  interest  rate  swap  agreements  with  notional  values  totaling 
$101.8 million split evenly between terms of 2.5 and 3.0 years to hedge balance sheet interest rate sensitivity and 
protect certain of our fixed rate available-for-sale securities against changes in fair value related to changes in the 
benchmark interest rate.  The interest rate swaps involve the receipt of floating rate interest from a counterparty in 
exchange for us making fixed-rate interest payments over the lives of the agreements, without the exchange of the 
underlying notional values.  The transactions were designated as partial term fair value hedges and structured such 
that the changes in the fair value of the interest rate swaps are expected to be perfectly effective in offsetting the 
changes in the fair value of the hedged items attributable to changes in the SOFR OIS swap rate, the designated 
benchmark interest  rate.  Because the hedges met the  criteria for using the shortcut method, there is no need to 
periodically reassess effectiveness during the term of the hedges.  For fair value designated hedges, the gains or 
losses on the hedging instruments as well as the offsetting gains or losses on the hedged items, are recognized in 
current earnings as their fair values change. 

In addition, we had three interest rate swap agreements on certain loans with our customers, which are scheduled 
to  mature  at  various  dates  ranging  from  June  2031  to  July  2032.    In  December  2023,  one  interest  rate  swap, 
scheduled to mature in October 2037, was terminated as the hedged loan was paid off. The loan interest rate swaps 
were  designated  as  fair  value  hedges  and  allowed  us  to  offer  long-term  fixed-rate  loans  to  customers  without 
assuming  the  interest  rate  risk  of  a  long-term  asset.    Converting  our  fixed-rate  interest  payments  to  floating-rate 
interest payments, generally benchmarked to the one-month U.S. dollar SOFR index, protects us against changes 
in  the  fair  value  of  our  loans  associated  with  fluctuating  interest  rates.   The  notional  amounts  of  the  interest  rate 
contracts are equal to the notional amounts of the hedged loans. 

Information on our derivatives follows:

(in thousands)

Available-for-sale securities:

Interest rate swaps - notional amount
Interest rate swaps - fair value1

Loans receivable:

Interest rate contracts - notional amount
Interest rate contracts - fair value1

Asset derivatives

Liability derivatives

December 31, 2023 December 31, 2022

December 31, 2023 December 31, 2022

$ 

$ 

$ 

$ 

—  $ 

—  $ 

6,441  $ 

287  $ 

— 

— 

12,046 

602 

$ 

$ 

$ 

$ 

101,770  $ 

1,359  $ 

2,157  $ 

2  $ 

— 

— 

— 

— 

1 Refer to Note 9, Fair Value of Assets and Liabilities, for valuation methodology.

97

 
The  following  table  presents  the  carrying  amount  and  associated  cumulative  basis  adjustment  related  to  the 
application  of  fair  value  hedge  accounting  that  is  included  in  the  carrying  amount  of  hedged  assets  as  of 
December 31, 2023 and 2022. 

Carrying Amounts of Hedged Assets

Cumulative Amounts of Fair Value Hedging 
Adjustments Included in the Carrying Amounts 
of the Hedged Assets

(in thousands)

Available-for-sale securities 1

Loans receivable 2

December 31, 2023

December 31, 2022

December 31, 2023

December 31, 2022

$ 

$ 

107,181  $ 

8,183  $ 

—  $ 

11,319  $ 

(1,359)  $ 

(367)  $ 

— 

(726) 

1 Carrying value equals the amortized cost basis of the securities underlying the hedge relationship, which is the book value net of the fair value hedge adjustment.  
Amortized cost excludes accrued interest totaling $222 thousand as of December 31, 2023.
2 Carrying value equals the amortized cost basis of the loans underlying the hedge relationship, which is the loan balance net of deferred loan origination fees and 
cost and the fair value hedge adjustment.  Amortized cost excludes accrued interest, which was not material.

The  following  table  presents  the  pretax  net  gains  (losses)  recognized  in  interest  income  related  to  our  fair  value 
hedges for the years presented.

(in thousands)
Interest on investment securities 1
Decrease in fair value of interest rate swaps hedging available-for-sale securities

Hedged interest earned (paid)

Increase in carrying value included in the hedged available-for-sale securities

Net gain recognized in interest income on investment securities

Interest and fees on loans 1
(Decrease) increase in fair value of interest rate swaps hedging loans receivable

Hedged interest earned (paid)

Increase (decrease) in carrying value included in the hedged loans

Decrease in value of yield maintenance agreement

Net gain (loss) recognized in interest income on loans

Years ended December 31,

2023

2022

2021

$ 

$ 

$ 

$ 

(1,359)  $ 

367   

1,359   

367  $ 

(317)  $ 

268   

359   

(9)   

301  $ 

—  $ 

—   

—   

—  $ 

1,687  $ 

(143)   

(1,666)   

(10)   

(132)  $ 

— 

— 

— 

— 

827 

(369) 

(814) 

(11) 

(367) 

 1 Represents the income line item in the statements of comprehensive income (loss) in which the effects of fair value hedges are recorded.

Our  derivative  transactions  with  the  counterparty  are  under  an  International  Swaps  and  Derivative  Association 
(“ISDA”)  master  agreement  that  includes  “right  of  set-off”  provisions.    “Right  of  set-off”  provisions  are  legally 
enforceable  rights  to  offset  recognized  amounts  and  there  may  be  an  intention  to  settle  such  amounts  on  a  net 
basis.    We  do  not  offset  such  financial  instruments  for  financial  reporting  purposes.    Information  on  financial 
instruments that are eligible for offset in the consolidated statements of condition follows:

Offsetting of Financial Assets and Derivative Assets

Gross Amounts
of Recognized
Assets 1

Gross Amounts
Offset in the
Statements of
Condition

Net Amounts
of Assets Presented
in the Statements
of Condition 1

Gross Amounts Not Offset in the 
Statements of Condition

Financial
Instruments

Cash Collateral
Received

Net Amount

$ 

$ 

$ 

$ 

287  $ 

287  $ 

602  $ 

602  $ 

—  $ 

—  $ 

—  $ 

—  $ 

287  $ 

287  $ 

602  $ 

602  $ 

—  $ 

—  $ 

—  $ 

—  $ 

—  $ 

—  $ 

—  $ 

—  $ 

287 

287 

602 

602 

(in thousands)

December 31, 2023

   Counterparty

Total

December 31, 2022

   Counterparty

Total

98

 
 
 
 
 
 
Offsetting of Financial Liabilities and Derivative Liabilities

Gross Amounts 
of Recognized 
Liabilities 1

Gross Amounts 
Offset in the 
Statements of 
Condition

Net Amounts of 
Liabilities Presented 
in the Statements of 
Condition 1

Gross Amounts Not Offset in the 
Statements of Condition

Financial 
Instruments

Cash Collateral 
Pledged

Net Amount

$ 

$ 

$ 

$ 

1,361  $ 

1,361  $ 

—  $ 

—  $ 

—  $ 

—  $ 

—  $ 

—  $ 

1,361  $ 

1,361  $ 

—  $ 

—  $ 

(287)   

(287)  $ 

—   

—  $ 

(330)  $ 

(330)  $ 

—  $ 

—  $ 

744 

744 

— 

— 

(in thousands)

December 31, 2023

   Counterparty

Total

December 31, 2022

   Counterparty

Total

1 Amounts exclude accrued interest on swaps.

Note 15:  Regulatory Matters

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

Management reviews capital ratios on a regular basis and produces a five-year capital plan semi-annually to ensure 
that  capital  exceeds  the  prescribed  regulatory  minimums  and  is  adequate  to  meet  our  anticipated  future 
needs.  Stress tests are performed on capital ratios and include scenarios such as additional unrealized losses on 
the investment portfolio, additional deposit growth, loan credit quality deterioration, and potential share repurchases.  
For all periods presented, the Bank’s ratios exceed the regulatory definition of “well-capitalized” under the regulatory 
framework for prompt corrective action and Bancorp’s ratios exceed the required minimum ratios to be considered a 
well-capitalized bank holding company.  In addition, the most recent notification from the FDIC categorized the Bank 
as well capitalized under the regulatory framework for prompt corrective action as of December 31, 2023.  There are 
no conditions or events since that notification that management believes have changed the Bank’s categories and 
we expect the Bank to remain well capitalized for prompt corrective action purposes.

The  Bancorp’s  and  Bank's  capital  adequacy  ratios  as  of  December  31,  2023  and  2022  are  presented  in  the 
following tables.

Ratio

 10.00 %
 8.00 %

 5.00 %

 6.50 %

Bancorp Capital Ratios
(dollars in thousands)

December 31, 2023

Total Capital (to risk-weighted assets)
Tier 1 Capital (to risk-weighted assets)

Actual

Adequately Capitalized 
Threshold 1

Threshold to be a Well 
Capitalized Bank Holding 
Company

Amount

Ratio

$  440,842 
$  415,224 

 16.89 % $ 
 15.91 % $ 

Amount

274,002 
221,811 

Ratio

 10.50 % $ 
 8.50 % $ 

Amount

260,954 
208,763 

Tier 1 Leverage Capital (to average assets)

$  415,224 

 10.46 % $ 

158,771 

 4.00 % $ 

198,464 

Common Equity Tier 1 (to risk-weighted assets)

$  415,224 

 15.91 % $ 

182,668 

 7.00 % $ 

169,620 

December 31, 2022

Total Capital (to risk-weighted assets)

$  431,667 

 15.90 % $ 

285,079 

 10.50 % $ 

271,504 

 10.00 %

Tier 1 Capital (to risk-weighted assets)

$  407,912 

 15.02 % $ 

230,778 

 8.50 % $ 

217,203 

Tier 1 Leverage Capital (to average assets)

$  407,912 

 9.60 % $ 

169,948 

 4.00 % $ 

212,435 

Common Equity Tier 1 (to risk-weighted assets)

$  407,912 

 15.02 % $ 

190,053 

 7.00 % $ 

176,478 

 8.00 %

 5.00 %

 6.50 %

99

 
 
 
 
 
 
Bank Capital Ratios
(dollars in thousands)

December 31, 2023

Actual

Adequately Capitalized 
Threshold 1

Threshold to be Well 
Capitalized under Prompt 
Corrective Action Provisions

Amount

Ratio

Amount

Ratio

Amount

Ratio

Total Capital (to risk-weighted assets)

$  433,598 

 16.62 % $ 

273,986 

 10.50 % $ 

260,939 

 10.00 %

Tier 1 Capital (to risk-weighted assets)

$  407,981 

 15.64 % $ 

221,798 

 8.50 % $ 

208,751 

Tier 1 Leverage Capital (to average assets)

$  407,981 

 10.28 % $ 

158,767 

 4.00 % $ 

198,459 

Common Equity Tier 1 (to risk-weighted assets)

$  407,981 

 15.64 % $ 

182,657 

 7.00 % $ 

169,610 

 8.00 %

 5.00 %

 6.50 %

December 31, 2022

Total Capital (to risk-weighted assets)

$  427,108 

 15.73 % $ 

285,052 

 10.50 % $ 

271,478 

 10.00 %

Tier 1 Capital (to risk-weighted assets)

$  403,352 

 14.86 % $ 

230,757 

 8.50 % $ 

217,183 

Tier 1 Leverage Capital (to average assets)

$  403,352 

 9.49 % $ 

169,940 

 4.00 % $ 

212,425 

Common Equity Tier 1 (to risk-weighted assets)

$  403,352 

 14.86 % $ 

190,035 

 7.00 % $ 

176,461 

 8.00 %

 5.00 %

 6.50 %

1 Except for Tier 1 Leverage Capital, the adequately capitalized thresholds reflect the regulatory minimum plus a 2.5% capital conservation buffer as required under 
the Basel III Capital Standards in order to avoid limitations on paying dividends, engaging in share repurchases, and paying discretionary bonuses.

Note 16:  Financial Instruments with Off-Balance Sheet Risk

We  make  commitments  to  extend  credit  in  the  normal  course  of  business  to  meet  the  financing  needs  of  our 
customers.    These  financial  instruments  include  commitments  to  extend  credit  in  the  form  of  loans  or  through 
standby letters of credit.  Commitments to extend credit are agreements to lend to a customer as long as there is no 
violation of any condition established in the contract.  Commitments generally have fixed expiration dates or other 
termination clauses and may require payment of a fee.  Because various commitments will expire without being fully 
drawn, the total commitment amount does not necessarily represent future cash requirements.

Our credit loss exposure is equal to the contractual amount of the commitment in the event of nonperformance by 
the  borrower.    We  use  the  same  credit  underwriting  criteria  for  all  credit  exposure.    The  amount  of  collateral 
obtained, if deemed necessary by us, is based on management's credit evaluation of the borrower.  Collateral types 
pledged may include accounts receivable, inventory, other personal property and real property.

The  contractual  amount  of  unfunded  loan  commitments  and  standby  letters  of  credit  not  reflected  in  the 
consolidated statements of condition are as follows:

(in thousands)

Commercial lines of credit

Revolving home equity lines

Undisbursed construction loans

Personal and other lines of credit

Standby letters of credit

   Total unfunded loan commitments and standby letters of credit

December 31, 2023

December 31, 2022

$ 

$ 

259,989  $ 

218,935   

13,943   

9,136   

3,147   

505,150  $ 

292,204 

218,907 

43,179 

10,842 

1,738 

566,870 

As of December 31, 2023, approximately 38% of the commitments expire in 2024, 51% expire between 2025 and 
2031 and 11% expire thereafter. 

We  record  an  allowance  for  credit  losses  on  unfunded  loan  commitments  at  the  balance  sheet  date  based  on 
estimates of the probability that these commitments will be drawn upon according to historical utilization experience 
of the different types of commitments and expected loss rates determined for pooled funded loans.  The allowance 
for credit losses on unfunded commitments totaled $1.1 million and $1.5 million as of December 31, 2023 and 2022, 
respectively, which is included in interest payable and other liabilities in the consolidated statements of condition.  

We  recorded  reversals  of  the  provision  for  credit  losses  on  unfunded  commitments  totaling  $342  thousand, 
$318 thousand and $992 thousand in 2023, 2022, and 2021, respectively.  The reversals in 2023 and 2022 were 
due primarily to decreases in total unfunded loan commitments.  The reversal in 2021 was largely due to ongoing 
improvements in the underlying economic forecasts under the CECL accounting method at the time.

100

 
 
 
 
 
 
 
 
 
 
 
 
Note 17:  Condensed Bank of Marin Bancorp Parent Only Financial Statements

Presented below is financial information for Bank of Marin Bancorp, parent holding company only.

CONDENSED UNCONSOLIDATED STATEMENTS OF CONDITION

December 31, 2023 and 2022

(in thousands)

Assets

   Cash and due from Bank of Marin

   Investment in bank subsidiary

   Other assets

     Total assets

Liabilities and Stockholders' Equity

   Accrued expenses payable

   Other liabilities

     Total liabilities

   Stockholders' equity

     Total liabilities and stockholders' equity

2023

2022

$ 

$ 

$ 

$ 

7,189  $ 

431,819   

156   

439,164  $ 

102  $ 

—   

102   

439,062   

439,164  $ 

4,493 

407,532 

255 

412,280 

188 

— 

188 

412,092 

412,280 

CONDENSED UNCONSOLIDATED STATEMENTS OF INCOME

Years ended December 31, 2023, 2022 and 2021

(in thousands)

Income

   Dividends from bank subsidiary

   Miscellaneous income

     Total income

Expense

   Interest expense

   Non-interest expense

     Total expense

Income before income taxes and equity in undistributed net income of subsidiary

   Income tax benefit

Income before equity in undistributed net income of subsidiary

Earnings of bank subsidiary greater (less) than dividends received from bank subsidiary

     Net income

2023

2022

2021

$  20,000  $  16,200  $  64,000 

—   

—   

— 

20,000   

16,200   

64,000 

—   

1,705   

1,705   

—   

1,793   

1,793   

1,361 

4,025 

5,386 

18,295   

14,407   

58,614 

504   

530   

1,235 

18,799   

14,937   

59,849 

1,096   

31,649   

(26,621) 

$  19,895  $  46,586  $  33,228 

101

 
 
 
 
 
 
 
 
 
 
 
 
 
 
CONDENSED UNCONSOLIDATED STATEMENTS OF CASH FLOWS

Years ended December 31, 2023, 2022 and 2021

(in thousands)

Cash Flows from Operating Activities:

Net income

2023

2022

2021

$  19,895  $  46,586  $  33,228 

Adjustments to reconcile net income to net cash provided by (used in) operating activities:

Earnings of bank subsidiary (greater) less than dividends received from bank subsidiary

(1,096)   

(31,649)   

26,621 

Accretion of discount on subordinated debenture

Noncash director compensation expense

Net changes in:

Other assets

Other liabilities

Net cash provided by operating activities

Cash Flows from Investing Activities:

Capital contribution to bank subsidiary

Net cash used in investing activities

Cash Flows from Financing Activities:

Repayment of subordinated debenture including execution costs

Restricted stock surrendered for tax withholdings upon vesting

Cash dividends paid on common stock

Stock repurchased, including commissions
Proceeds from stock options exercised and stock issued under employee and director stock purchase 
plans

Net cash used in financing activities

Net increase (decrease) in cash and cash equivalents

Cash and cash equivalents at beginning of year

Cash and cash equivalents at end of year

Supplemental schedule of noncash investing and financing activities:

Stock issued in payment of director fees

Repurchase of stock not yet settled

Stock issued to ESOP

Note 18:  Merger

—   

60   

99   

(86)   

—   

36   

1,347 

35 

(12)   

(1,655) 

(129)   

(88) 

18,872   

14,832   

59,488 

(276)   

(276)   

(899)   

(899)   

(619) 

(619) 

—   

(70)   

—   

(40)   

(4,126) 

(166) 

(16,106)   

(15,673)   

(13,107) 

—   

(1,250)   

(40,762) 

276   

899   

587 

(15,900)   

(16,064)   

(57,574) 

2,696   

(2,131)   

4,493   

6,624   

$ 

7,189  $ 

4,493  $ 

1,295 

5,329 

6,624 

$ 

$ 

$ 

398  $ 

—  $ 

355  $ 

—  $ 

217 

373 

1,315  $ 

1,233  $ 

1,330 

Bancorp completed its merger and acquired all assets and assumed all liabilities of AMRB on August 6, 2021.  The 
merger  expanded  Bank  of  Marin's  presence  throughout  the  Greater  Sacramento,  Amador  and  Sonoma  County 
Regions where AMRB had ten branches.  The merger added $898.4 million in total assets, including $297.8 million 
in investment securities and $419.4 million in loans, and $816.6 million in total liabilities, including $790.0 million in 
deposits, to Bank of Marin  as of the merger date.   Bancorp accounted for the merger as a business combination 
under  the  acquisition  method  of  accounting.    The  assets  acquired  and  liabilities  assumed,  both  tangible  and 
intangible,  were  recorded  at  their  fair  values  as  of  the  merger  date  in  accordance  with  ASC  805,  Business 
Combinations.

AMRB's shareholders received 0.575 shares of Bancorp's common stock for each share of AMRB common stock 
outstanding  immediately  prior  to  the  Merger  resulting  in  the  issuance  of  3,441,235  shares  of  Bancorp  common 
stock.  In addition, merger consideration included cash paid for outstanding stock options and cash paid in lieu of 
fractional shares, as summarized in the following table. 

(in thousands)

Merger 
Consideration 

Value of common stock consideration paid to shareholders (0.575 fixed exchange ratio, stock price $36.15)

$ 

124,401 

Cash consideration for stock options

Cash paid in lieu of fractional shares

Total merger consideration

63

13

$ 

124,477 

102

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
We  recorded  $42.6  million  in  goodwill,  which  represented  the  excess  of  the  total  merger  consideration  paid  of 
$124.5 million over the fair value of the net assets acquired of $81.9 million.  Goodwill mainly reflects the expected 
value created through the combined operations of AMRB and Bancorp and is evaluated for impairment annually.

Merger-related and conversion costs are recognized as incurred and continue until all systems have been converted 
and operational functions are fully integrated.  Bancorp's pretax merger-related costs reflected in the consolidated 
statements of comprehensive income (loss) are summarized in the following table.

(in thousands)

Personnel and severance

Professional services

Data processing

Other expense

Total merger-related and conversion costs

Years ended December 31,

2023

2022

2021

$ 

$ 

—  $ 

—   

—   

—   

—  $ 

393  $ 

67   

77   

321   

858  $ 

3,005 

1,976 

1,127 

350 

6,458 

End of 2023 Audited Consolidated Financial Statements

103

 
 
 
ITEM  9. 

None.

CHANGES  IN  AND  DISAGREEMENTS  WITH  ACCOUNTANTS  ON  ACCOUNTING  AND 
FINANCIAL DISCLOSURE

ITEM 9A.

CONTROLS AND PROCEDURES

(A) 

Evaluation of Disclosure Controls and Procedures  

Bank of Marin Bancorp and its subsidiary (the "Company") conducted an evaluation under the supervision 
and  with  the  participation  of  our  management,  including  our  Chief  Executive  Officer  and  Chief  Financial 
Officer,  of  the  effectiveness  of  the  design  and  operation  of  our  disclosure  controls  and  procedures  (as 
defined in Rule 13a-15(e) or 15d-15(e) under the Securities Exchange Act of 1934 (the “Act”)) as of the end 
of the period covered by this report.  The term disclosure controls and procedures means controls and other 
procedures that are designed to ensure that information we are required to disclose in the reports that we 
file  or  submit  under  the  Act  (15  U.S.C.  78a  et  seq.)  is  recorded,  processed,  summarized  and  reported, 
within the time periods specified in the SEC's rules and forms.  Disclosure controls and procedures include, 
without limitation, controls and procedures designed to ensure that information we are required to disclose 
in the reports that we file or submit under the Act is accumulated and communicated to our management, 
including our principal executive and principal financial officers, or persons performing similar functions, as 
appropriate to allow timely decisions regarding required disclosure.  Based upon that evaluation, our Chief 
Executive  Officer  and  Chief  Financial  Officer  concluded  that  our  disclosure  controls  and  procedures  were 
effective as of the end of the period covered by this report.

(B) 

Management's Annual Report on Internal Control over Financial Reporting 

Management  is  responsible  for  establishing  and  maintaining  effective  internal  control  over  financial 
reporting (as defined in Rules 13a-15(f) promulgated under the 1934 Act).  The internal control process has 
been designed under our supervision to provide reasonable assurance regarding the reliability of financial 
reporting  and  the  preparation  of  the  Company's  financial  statements  for  external  reporting  purposes  in 
accordance  with  accounting  principles  generally  accepted  in  the  United  States  of America.    Management 
conducted  an  assessment  of  the  effectiveness  of  internal  control  over  financial  reporting  as  of 
December 31, 2023, utilizing the framework established in Internal Control - Integrated Framework (2013) 
issued  by  the  Committee  of  Sponsoring  Organizations  of  the  Treadway  Commission  (COSO).    Based  on 
this assessment, management has concluded that the Company maintained effective internal control over 
financial reporting as of December 31, 2023.

There are inherent limitations to the effectiveness of any system of internal control over financial reporting.  
These limitations include the possibility of human error, the circumvention or overriding of the system and 
reasonable  resource  constraints.    Because  of  its  inherent  limitations,  our  internal  control  over  financial 
reporting may not prevent or detect misstatements.  Projections of any evaluation of effectiveness to future 
periods are subject to the risk that controls may become inadequate because of changes in conditions, or 
that the degree of compliance with the policies or procedures may deteriorate. 

Management's report on internal control over financial reporting is set forth in ITEM 8 and is incorporated 
herein by reference.

(C) 

Audit Report of the Registered Public Accounting Firm

The  Company's  independent  registered  public  accounting  firm,  Moss  Adams  LLP,  has  audited  the 
effectiveness  of  internal  control  over  financial  reporting  as  of  December  31,  2023  as  stated  in  their  audit 
report, which is included in ITEM 8 and incorporated herein by reference.

(D) 

Changes in Internal Control over Financial Reporting 

During the quarter ended December 31, 2023, there were no significant changes that materially affected, or 
are reasonably likely to affect, our internal control over financial reporting identified in connection with the 
evaluation  mentioned  in  (B)  above.   The  term  internal  control  over  financial  reporting,  as  defined  by  Rule 

104

15d-15(f) of the Act, is a process designed by, or under the supervision of, the issuer's principal executive 
and principal financial officers, or persons performing similar functions, and effected by the issuer's board of 
directors,  management  and  other  personnel,  to  provide  reasonable  assurance  regarding  the  reliability  of 
financial reporting and the preparation of financial statements for external purposes in accordance with U.S. 
generally accepted accounting principles. 

ITEM 9B.

OTHER INFORMATION

Not applicable.

ITEM 9C. 

DISCLOSURE REGARDING FOREIGN JURISDICTIONS THAT PREVENT INSPECTIONS

None.

PART III      

ITEM 10. 

DIRECTORS, EXECUTIVE OFFICERS AND CORPORATE GOVERNANCE

Information required to be reported under ITEM 10 is incorporated by reference to our Proxy Statement for the 2024 
Annual  Meeting  of  Shareholders.    Bancorp  and  the  Bank  have  adopted  a  Code  of  Ethics  that  applies  to  all  staff, 
including the Chief Executive Officer, Chief Financial Officer, and Principal Accounting Officer.  A copy of the Code of 
Ethical Conduct, which is also included on our website, will be provided to any person, without charge, upon written 
request to the Corporate Secretary, Bank of Marin Bancorp, 504 Redwood Boulevard, Suite 100, Novato, CA 94947.  
During 2023, there were no changes in the procedures for the election or nomination of directors.

ITEM 11. 

 EXECUTIVE COMPENSATION

The  information  required  by  this  Item  is  incorporated  by  reference  to  our  Proxy  Statement  for  the  2024  Annual 
Meeting of Shareholders. 

ITEM 12.  

SECURITY OWNERSHIP OF CERTAIN BENEFICIAL OWNERS AND MANAGEMENT AND        
RELATED STOCKHOLDER MATTERS

The  information  required  by  this  Item  is  incorporated  by  reference  to  ITEM  5  above,  Note  8  to  our  audited 
consolidated financial statements and to our Proxy Statement for the 2024 Annual Meeting of Shareholders.

ITEM 13.        CERTAIN RELATIONSHIPS AND RELATED TRANSACTIONS, AND DIRECTOR INDEPENDENCE

The  information  required  by  this  Item  is  incorporated  by  reference  to  our  Proxy  Statement  for  the  2024  Annual 
Meeting of Shareholders. 

ITEM 14. 

PRINCIPAL ACCOUNTANT FEES AND SERVICES

The  Company’s  independent  registered  public  accounting  firm  is  Moss Adams  LLP,  Issuing  Office:  Portland,  OR, 
PCAOB ID: 659.

The  information  required  by  this  Item  is  incorporated  by  reference  to  our  Proxy  Statement  for  the  2024  Annual 
Meeting of Shareholders. 

105

 
ITEM 15. 

EXHIBITS AND FINANCIAL STATEMENT SCHEDULES

PART IV

(A)  

Documents Filed as Part of this Report:

1.  

Financial Statements

The financial statements and supplementary data listed below are filed as part of this report under 
ITEM 8, captioned Financial Statements and Supplementary Data.

Report of Independent Registered Public Accounting Firm for the years ended December 31, 2023, 
2022 and 2021

Management's Report on Internal Control over Financial Reporting  

Consolidated Statements of Condition as of December 31, 2023 and 2022

Consolidated  Statements  of  Comprehensive  Income  (Loss)  for  the  years  ended  December  31, 
2023, 2022 and 2021

Consolidated  Statements  of  Changes  in  Stockholders'  Equity  for  the  years  ended  December  31, 
2023, 2022 and 2021

Consolidated Statements of Cash Flows for the years ended December 31, 2023, 2022 and 2021

Notes to Consolidated Financial Statements 

2.  

Financial Statement Schedules

All  financial  statement  schedules  have  been  omitted,  as  they  are  inapplicable  or  the  required 
information is included in the financial statements or notes thereto.

(B) 

Exhibits Filed:

The  following  exhibits  are  filed  as  part  of  this  report  or  hereby  incorporated  by  references  to  filings 
previously made with the SEC.

106

 
                
Exhibit 
Number
2.01

3.01
3.02
4.01
10.01
10.02
10.03
10.04
10.05

10.06

10.07

10.08
10.09
10.10

10.11

10.12

10.13

10.14

14.01
23.01
31.01

31.02

32.01

97.1

Exhibit Description
Agreement to Merge and Plan of Reorganization, dated 
April 16, 2021 by and among Bank of Marin Bancorp 
and American River Bankshares
Articles of Incorporation, as amended
Bylaws, as amended
Description of Capital Stock
Employee Stock Ownership Plan
2017 Employee Stock Purchase Plan
2017 Equity Plan, as amended
2020 Director Stock Plan
Form of Indemnification Agreement for Directors and 
Executive Officers, dated August 9, 2007
2010 Annual Individual Incentive Compensation Plan, 
revised 2019
Salary Continuation Agreement for executive officer Tani 
Girton, Chief Financial Officer, dated October 18, 2013
2007 Form of Change in Control Agreement
Director Deferred Fee Plan, dated December 17, 2020
Employment Agreement with Timothy Myers, dated 
September 23, 2021
Salary Continuation Agreement, as amended for 
executive officer Timothy Myers, Chief Executive Officer, 
dated January 1, 2022
Salary Continuation Agreement for executive officer 
Nicolette Sloan, Head of Commercial Banking, dated 
January 1, 2022
Salary Continuation Agreement for executive officer 
Misako Stewart, Chief Credit Officer, dated January 1, 
2022
Salary Continuation Agreement for executive officer 
Brandi Campbell, Head of Retail Banking, dated July 1, 
2022
Code of Ethical Conduct, dated October 20, 2023
Consent of Moss Adams LLP
Certification of Principal Executive Officer pursuant to 
Rule 13a-14(a)/15d-14(a) as adopted pursuant to 
Section 302 of the Sarbanes-Oxley Act of 2002
Certification of Principal Financial Officer pursuant to 
Rule 13a-14(a)/15d-14(a) as adopted pursuant to 
Section 302 of the Sarbanes-Oxley Act of 2002
Certification pursuant to 18 U.S.C. §1350 as adopted 
pursuant to §906 of the Sarbanes-Oxley Act of 2002
Incentive Compensation Recovery Policy, dated October 
2, 2023

101.INS Inline XBRL Instance Document

101.SCH Inline XBRL Taxonomy Extension Schema Document

101.CAL Inline XBRL Taxonomy Extension Calculation Linkbase 

Document

101.LAB Inline XBRL Taxonomy Extension Label Linkbase 

Document

101.PRE Inline XBRL Taxonomy Extension Presentation Linkbase 

Document

101.DEF Inline XBRL Taxonomy Extension Definition Linkbase 

Document

Incorporated by Reference

Form
8-K

File No.
001-33572

Exhibit
2.1

Filing Date
April 19, 2021

Herewith

S-4
S-4
10-K
S-8
S-8
S-8
S-8
10-Q

333-257025
333-257025
001-33572
333-218274
333-221219
333-227840
333-239555
001-33572

3.01
3.02
4.01
4.1
4.1
4.1
4.1
10.06

June 11, 2021
June 11, 2021
March 16, 2023
May 26, 2017
October 30, 2017
October 15, 2018
June 30, 2020
November 7, 2007

10-K

001-33572

10.07

March 15, 2021

8-K

001-33572

10.2

November 4, 2014

8-K
10-K
8-K

001-33572
001-33572
001-33572

10.1
10.13
10.1

8-K

001-33572

10.1

October 31, 2007
March 15, 2021
September 24, 
2021
December 21, 2022

8-K

001-33572

10.2

December 21, 2022

8-K

001-33572

10.3

December 21, 2022

8-K

001-33572

10.4

December 21, 2022

Filed
Filed

Filed

Filed

Filed

Filed

Filed

Filed

Filed

Filed

Filed

Filed

Copies of any exhibit to our Annual Report on Form 10-K listed in the index above will be furnished to shareholders as of the record date without 
charge upon written request by such shareholder addressed as follows:  Corporate Secretary, Bank of Marin Bancorp, 504 Redwood Boulevard, 
Suite 100, Novato, CA  94947.

ITEM 16.  
None.

Form 10-K Summary

107

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
SIGNATURES

Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the registrant has duly 
caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.

March 14, 2024
Date

Bank of Marin Bancorp (registrant)

 /s/ Tani Girton
Tani Girton
Executive Vice President & Chief Financial Officer
(Principal Financial Officer)

108

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Pursuant  to  the  requirements  of  the  Securities  Exchange Act  of  1934,  this  report  has  been  signed  below  by  the 
following persons on behalf of the registrant and in the capacities and on the dates indicated.

Dated: March 14, 2024

Dated:  March 14, 2024

Dated:  March 14, 2024

Dated:  March 14, 2024

Dated: March 14, 2024

Dated: March 14, 2024

Dated: March 14, 2024

Dated: March 14, 2024

Dated: March 14, 2024

Dated:  March 14, 2024

Dated:  March 14, 2024

Dated:  March 14, 2024

Dated:  March 14, 2024

Dated: March 14, 2024

Dated:  March 14, 2024

/s/ Timothy D. Myers
Timothy D. Myers
President & Chief Executive Officer, Director
(Principal Executive Officer)

 /s/ Tani Girton
Tani Girton
Executive Vice President & Chief Financial Officer
(Principal Financial Officer)

/s/ David A. Merck
David A. Merck
First Vice President & Controller
(Principal Accounting Officer)

Members of Bank of Marin Bancorp's Board of Directors

/s/ William H. McDevitt, Jr.
William H. McDevitt, Jr.
Chairman of the Board

/s/ Nicolas C. Anderson
Nicolas C. Anderson

/s/ Russell A. Colombo
Russell A. Colombo

/s/ Charles D. Fite
Charles D. Fite

/s/ Cigdem Gencer
Cigdem Gencer

/s/ James C. Hale
James C. Hale

/s/ Robert Heller
Robert Heller

/s/ Kevin R. Kennedy
Kevin R. Kennedy

/s/ Sanjiv S. Sanghvi
Sanjiv S. Sanghvi

/s/ Joel Sklar
Joel Sklar, M.D.

/s/ Brian M. Sobel
Brian M. Sobel

/s/ Secil Tabli Watson
Secil Tabli Watson

109

 
 
 
 
 
 
 
 
 
 
 
 
 
 
www.bankofmarin.com

002CSNE81E