UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-Q |X| QUARTERLY REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 FOR THE QUARTERLY PERIOD ENDED SEPTEMBER 30, 2003 Commission File Number 0-26481 FINANCIAL INSTITUTIONS, INC. (Exact Name of Registrant as specified in its charter) NEW YORK 16-0816610 (State or other jurisdiction of (I.R.S. Employer Identification Number) incorporation or organization) 220 Liberty Street Warsaw, NY 14569 (Address of Principal Executive Offices) (Zip Code) Registrant's Telephone Number Including Area Code: (585) 786-1100 Indicate by check mark whether the Registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding twelve months (or for such shorter period that the Registrant was required to file reports) and (2) has been subject to such requirements for the past 90 days. YES |X| NO |_| Indicate by check mark whether the registrant is an accelerated filer (as defined in Rule 12b-2 of the Exchange Act). YES |X NO |_| Indicate the number of shares outstanding of each of the issuer's classes of common stock, as of the latest practicable date. CLASS OUTSTANDING AT NOVEMBER 7, 2003 ----- ------------------------------- Common Stock, $0.01 par value 11,166,517 shares 1 FINANCIAL INSTITUTIONS, INC. FORM 10-Q INDEX PART I - FINANCIAL INFORMATION Item 1. Financial Statements (Unaudited) Consolidated Statements of Financial Condition as of September 30, 2003 and December 31, 2002 3 Consolidated Statements of Income for the three months and nine months ended September 30, 2003 and 2002 4 Consolidated Statements of Cash Flows for the nine months ended September 30, 2003 and 2002 5 Consolidated Statement of Changes in Shareholders' Equity and Comprehensive Income for the nine months ended September 30, 2003 6 Notes to Unaudited Consolidated Financial Statements 7 Item 2. Management's Discussion and Analysis of Financial Condition and Results of Operations 12 Item 3. Quantitative and Qualitative Disclosures about Market Risk 25 Item 4. Controls and Procedures 26 PART II - OTHER INFORMATION Item 6. Exhibits and Reports on Form 8-K 26 SIGNATURES EXHIBITS 2 Item 1. Financial Statements (Unaudited) FINANCIAL INSTITUTIONS, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF FINANCIAL CONDITION (Unaudited) September 30, December 31, (Dollars in thousands, except per share amounts) 2003 2002 ------------- ------------- Assets Cash, due from banks and interest-bearing deposits $ 66,653 $ 48,429 Federal funds sold 53,228 -- Securities available for sale, at fair value 558,371 596,862 Securities held to maturity (fair value of $46,531 and $48,089 at September 30, 2003 and December 31, 2002, respectively) 45,424 47,125 Loans, net 1,344,403 1,300,232 Premises and equipment, net 33,152 27,254 Goodwill 40,621 40,593 Other assets 44,498 44,539 ------------- ------------- Total assets $ 2,186,350 $ 2,105,034 ============= ============= Liabilities And Shareholders' Equity Liabilities: Deposits: Demand $ 263,433 $ 240,755 Savings, money market and interest-bearing checking 826,114 779,772 Certificates of deposit 738,379 687,996 ------------- ------------- Total deposits 1,827,926 1,708,523 Short-term borrowings 70,392 87,189 Long-term borrowings 68,606 92,090 Guaranteed preferred beneficial interests in corporation's junior subordinated debentures 16,200 16,200 Accrued expenses and other liabilities 20,489 22,738 ------------- ------------- Total liabilities 2,003,613 1,926,740 Shareholders' equity: 3% cumulative preferred stock, $100 par value, authorized 10,000 shares, issued and outstanding - 1,666 shares at September 30, 2003 and December 31, 2002 167 167 8.48% cumulative preferred stock, $100 par value, authorized 200,000 shares, issued and outstanding - 175,683 shares at September 30, 2003 and 175,755 shares at December 31, 2002 17,568 17,575 Common stock, $ 0.01 par value, authorized 50,000,000 shares, issued 11,303,533 shares at September 30, 2003 and December 31, 2002 113 113 Additional paid-in capital 20,916 19,728 Retained earnings 136,852 131,320 Accumulated other comprehensive income 8,098 10,368 Treasury stock, at cost - 141,324 shares at September 30, 2003 and 199,719 shares at December 31, 2002 (977) (977) ------------- ------------- Total shareholders' equity 182,737 178,294 ------------- ------------- Total liabilities and shareholders' equity $ 2,186,350 $ 2,105,034 ============= ============= See Accompanying Notes to Unaudited Consolidated Financial Statements. 3 FINANCIAL INSTITUTIONS, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF INCOME (Unaudited) Three Months Ended Nine Months Ended September 30, September 30, ------------------- ------------------- (Dollars in thousands, except per share amounts) 2003 2002 2003 2002 -------- -------- -------- -------- Interest income: Loans $ 21,628 $ 23,078 $ 65,556 $ 67,613 Securities 5,511 7,194 18,648 20,840 Other 171 71 397 377 -------- -------- -------- -------- Total interest income 27,310 30,343 84,601 88,830 -------- -------- -------- -------- Interest expense: Deposits 7,144 8,932 22,943 26,629 Borrowings 1,205 1,457 3,826 4,347 Guaranteed preferred beneficial interests in Company's junior subordinated debentures 421 421 1,258 1,258 -------- -------- -------- -------- Total interest expense 8,770 10,810 28,027 32,234 -------- -------- -------- -------- Net interest income 18,540 19,533 56,574 56,596 Provision for loan losses 5,590 1,452 14,199 3,640 -------- -------- -------- -------- Net interest income after provision for loan losses 12,950 18,081 42,375 52,956 -------- -------- -------- -------- Noninterest income: Service charges on deposits 2,973 2,803 8,399 7,737 Financial services group fees and commissions 1,408 1,453 4,110 4,083 Mortgage banking revenues 1,113 439 2,849 1,656 Net gain on securities transactions 581 139 1,023 39 Other 984 853 2,940 2,266 -------- -------- -------- -------- Total noninterest income 7,059 5,687 19,321 15,781 -------- -------- -------- -------- Noninterest expense: Salaries and employee benefits 8,491 7,401 25,408 21,829 Occupancy and equipment 2,138 1,840 6,210 5,381 Supplies and postage 578 569 1,838 1,704 Amortization of intangible assets 309 226 926 656 Computer and data processing expense 440 579 1,386 1,359 Professional fees 398 459 1,458 1,157 Other 2,542 2,344 8,193 6,525 -------- -------- -------- -------- Total noninterest expense 14,896 13,418 45,419 38,611 -------- -------- -------- -------- Income before income taxes 5,113 10,350 16,277 30,126 Income taxes 1,058 3,466 4,276 9,941 -------- -------- -------- -------- Net income $ 4,055 $ 6,884 $ 12,001 $ 20,185 ======== ======== ======== ======== Earnings per common share (note 4): Basic $ 0.33 $ 0.59 $ 0.98 $ 1.72 Diluted $ 0.33 $ 0.58 $ 0.97 $ 1.70 See Accompanying Notes to Unaudited Consolidated Financial Statements. 4 FINANCIAL INSTITUTIONS, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENTS OF CASH FLOWS (Unaudited) Nine Months Ended September 30, ------------------------ (Dollars in thousands) 2003 2002 ---------- ---------- Cash flows from operating activities: Net income $ 12,001 $ 20,185 Adjustments to reconcile net income to net cash provided by operating activities: Depreciation and amortization 5,950 4,005 Provision for loan losses 14,199 3,640 Deferred income tax benefit (2,286) (564) Proceeds from sale of loans held for sale 161,394 87,168 Originations of loans held for sale (164,111) (87,275) Net gain on securities transactions (1,023) (39) Gain on sale of loans held for sale (2,228) (1,028) (Gain) loss on sale of other assets (34) 133 Minority interest in net income of subsidiaries 26 166 Decrease (increase) in other assets 2,961 (92) Decrease in accrued expenses and other liabilities (943) (893) ---------- ---------- Net cash provided by operating activities 25,906 25,406 Cash flows from investing activities: Purchase of securities: Available for sale (290,936) (410,778) Held to maturity (22,133) (25,984) Proceeds from maturity and call of securities: Available for sale 234,080 261,988 Held to maturity 23,778 36,689 Proceeds from sale of available for sale securities 90,099 44,802 Loan originations less principal payments (53,425) (103,846) Proceeds from sales of premises and equipment 76 5 Purchase of premises and equipment (8,496) (3,197) Cash acquired in purchase of Bank of Avoca, net of cash paid -- 4,778 Equity investment in Mercantile Adjustment Bureau, LLC -- (2,500) ---------- ---------- Net cash used in investing activities (26,957) (198,043) Cash flows from financing activities: Net increase in deposits 119,403 199,560 Net decrease in short-term borrowings (16,797) (36,096) Proceeds from long-term borrowings 5,000 35,059 Repayment of long-term borrowings (28,484) (291) Purchase of preferred and common shares (425) (384) Issuance of preferred and common shares 266 459 Dividends paid (6,460) (5,541) ---------- ---------- Net cash provided by financing activities 72,503 192,766 ---------- ---------- Net increase in cash and cash equivalents 71,452 20,129 Cash and cash equivalents at the beginning of the period 48,429 53,171 ---------- ---------- Cash and cash equivalents at the end of the period $ 119,881 $ 73,300 ========== ========== Supplemental information: Cash paid during period for: Interest $ 27,711 $ 34,493 Income taxes 6,267 11,226 Noncash investing and financing activities: Fair value of noncash assets acquired in acquisitions $ -- $ 14,043 Fair value of liabilities assumed in acquisitions -- 17,322 Issuance of common stock in Bank of Avoca acquisition -- 1,499 Issuance of common stock for Burke Group, Inc. earnout 1,340 500 See Accompanying Notes to Unaudited Consolidated Financial Statements. 5 FINANCIAL INSTITUTIONS, INC. AND SUBSIDIARIES CONSOLIDATED STATEMENT OF CHANGES IN SHAREHOLDERS' EQUITY AND COMPREHENSIVE INCOME (Unaudited) Accumulated Other 3% 8.48% Additional Comprehensive (Dollars in thousands, Preferred Preferred Common Paid-in Retained Income except per share amounts) Stock Stock Stock Capital Earnings (Loss) ----- ----- ----- ------- -------- ------ Balance - December 31, 2002 $ 167 $ 17,575 $ 113 $ 19,728 $ 131,320 $ 10,368 Purchase 72 shares of preferred stock -- (7) -- (1) -- -- Purchase 22,000 shares of common stock -- -- -- -- -- -- Issue 2,440 shares of common stock- Director's retainer -- -- -- 34 -- -- Issue 15,568 shares of common stock - exercised stock options -- -- -- 120 -- -- Issue 62,387 shares of common stock - Burke Group, Inc. contingent earnout -- -- -- 1,035 -- -- Comprehensive income: Net income -- -- -- -- 12,001 -- Unrealized loss on securities available for sale (net of tax of $(1,913)) -- -- -- -- -- (2,885) Reclassification adjustment for net gains included in net income (net of tax of $408) -- -- -- -- -- 615 Net unrealized loss on securities available for sale (net of tax of $(1,505)) -- -- -- -- -- -- Total comprehensive income -- -- -- -- -- -- Cash dividends declared: 3% Preferred - $2.25 per share -- -- -- -- (4) -- 8.48% Preferred - $6.36 per share -- -- -- -- (1,118) -- Common - $0.48 per share -- -- -- -- (5,347) -- --------- --------- --------- --------- --------- --------- Balance - September 30, 2003 $ 167 $ 17,568 $ 113 $ 20,916 $ 136,852 $ 8,098 ========= ========= ========= ========= ========= ========= Total (Dollars in thousands, Treasury Shareholders' except per share amounts) Stock Equity ----- ------ Balance - December 31, 2002 $ (977) $ 178,294 Purchase 72 shares of preferred stock -- (8) Purchase 22,000 shares of common stock (417) (417) Issue 2,440 shares of common stock- Director's retainer 16 50 Issue 15,568 shares of common stock - exercised stock options 96 216 Issue 62,387 shares of common stock - Burke Group, Inc. contingent earnout 305 1,340 Comprehensive income: Net income -- 12,001 Unrealized loss on securities available for sale (net of tax of $(1,913)) -- (2,885) Reclassification adjustment for net gains included in net income (net of tax of $408) -- 615 --------- Net unrealized loss on securities available for sale (net of tax of $(1,505)) -- (2,270) --------- Total comprehensive income -- 9,731 --------- Cash dividends declared: 3% Preferred - $2.25 per share -- (4) 8.48% Preferred - $6.36 per share -- (1,118) Common - $0.48 per share -- (5,347) --------- --------- Balance - September 30, 2003 $ (977) $ 182,737 ========= ========= See Accompanying Notes to Unaudited Consolidated Financial Statements. 6 FINANCIAL INSTITUTIONS, INC. AND SUBSIDIARIES NOTES TO UNAUDITED CONSOLIDATED FINANCIAL STATEMENTS (Unaudited) (1) Basis of Presentation Financial Institutions, Inc. ("FII"), a bank holding company organized under the laws of New York State, and subsidiaries (the "Company") provide deposit, lending and other financial services to individuals and businesses in Central and Western New York State. FII and subsidiaries are each subject to regulation by certain federal and state agencies. The consolidated financial statements include the accounts of FII and its four banking subsidiaries, Wyoming County Bank (99.65% owned) ("WCB"), The National Bank of Geneva (100% owned) ("NBG"), First Tier Bank & Trust (100% owned) ("FTB") and Bath National Bank (100% owned) ("BNB"), collectively referred to as the "Banks". During 2002, the Company completed a geographic realignment of the subsidiary Banks, which involved the merger of the subsidiary formerly known as The Pavilion State Bank ("PSB") into NBG and transfer of other branch offices between subsidiary Banks. The merger and transfers were accounted for at historical cost as a combination of entities under common control. Also included are the accounts of the Burke Group, Inc. (100% owned) ("BGI") and The FI Group, Inc. (100% owned) ("FIGI"), collectively referred to as the "Financial Services Group". BGI is an employee benefits and compensation consulting firm acquired in October 2001. FIGI is a brokerage subsidiary that commenced operations in March 2000. In February 2001, the Company formed FISI Statutory Trust I ("FISI") (100% owned), to accommodate the private placement of $16.2 million in capital securities, the proceeds of which were utilized to partially fund the acquisition of BNB. The capital securities are identified on the consolidated statements of financial condition as guaranteed preferred beneficial interests in corporation's junior subordinated debentures. The consolidated financial information included herein combines the results of operations, the assets, liabilities and shareholders' equity of the Company and its subsidiaries. All significant inter-company transactions and balances have been eliminated in consolidation. The consolidated financial statements have been prepared in accordance with accounting principles generally accepted in the United States of America and prevailing practices in the banking industry. In preparing the financial statements, management is required to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities, and the reported revenues and expenses for the period. All adjustments (consisting of normal recurring accruals) considered necessary for a fair presentation of financial statements have been included. Actual results could differ from those estimates. Amounts in the prior year's consolidated financial statements are reclassified when necessary to conform to the current year's presentation. 7 New Accounting Pronouncements Financial Accounting Standards Board (FASB) Interpretation No. 45, "Guarantor's Accounting and Disclosure Requirements for Guarantees, Including Indirect Guarantees of Indebtedness of Others," was issued in November 2002. FASB Interpretation No. 45 elaborates on the disclosures to be made by a guarantor in its interim and annual financial statements about its obligations under certain guarantees that it has issued. It also clarifies that a guarantor is required to recognize, at the inception of a guarantee, a liability for the fair value of the obligation undertaken in issuing the guarantee. The initial recognition and initial measurement provisions of FASB Interpretation No. 45 are applicable on a prospective basis to guarantees issued or modified after December 31, 2002. The disclosure requirements are effective for financial statements of interim or annual periods ending after December 15, 2002. The Company adopted the recognition and measurement provisions of FASB Interpretation No. 45 effective January 1, 2003. Such adoption did not have a material impact on the Company's consolidated financial statements. FASB Interpretation No. 46, "Consolidation of Variable Interest Entities," was issued in January 2003. FASB Interpretation No. 46 clarifies the application of Accounting Research Bulletin No. 51, "Consolidated Financial Statements," to certain entities in which equity investors do not have the characteristics of a controlling financial interest or do not have sufficient equity at risk for the entity to finance its activities without additional subordinated financial support from other parties. FASB Interpretation No. 46 requires an enterprise to consolidate a variable interest entity if that enterprise has a variable interest (or combination of variable interests) that will absorb a majority of the entity's expected losses if they occur, receive a majority of the entity's expected returns if they occur, or both. It also requires that both the primary beneficiary and all other enterprises with a significant variable interest in a variable interest entity make certain disclosures. FASB Interpretation No. 46 applies immediately to variable interest entities created after January 31, 2003, and to variable interest entities in which an enterprise obtains an interest after that date. It applies in the first fiscal period ending after December 15, 2003, to variable interest entities in which an enterprise holds a variable interest that it acquired before February 1, 2003. The adoption of the provisions of FASB Interpretation No. 46 is not expected to have a material impact on the Company's consolidated financial statements. Statement of Financial Accounting Standard (SFAS) No. 149, "Amendment of Statement 133 on Derivative Instruments and Hedging Activities," was issued by FASB in April 2003. SFAS No. 149 amends and clarifies financial accounting and reporting for derivative instruments, including certain derivative instruments embedded in other contracts, and for hedging activities under SFAS No. 133. SFAS No. 149 is effective for contracts entered into or modified and hedging relationships designated after June 30, 2003. The adoption of the provisions of SFAS No. 149 did not have a material impact on the Company's consolidated financial statements. SFAS No. 150, "Accounting for Certain Financial Instruments With Characteristics of Both Liabilities and Equity," was issued by FASB in May 2003. SFAS No. 150 changes the classification in the statement of financial condition of certain common financial instruments from either equity or mezzanine presentation to liabilities and requires an issuer of those financial statements to recognize changes in fair value or redemption amount, as applicable, in earnings. SFAS No. 150 is effective for financial instruments entered into or modified after May 31, 2003, and otherwise shall be effective at the beginning of the first interim period beginning after June 15, 2003. The adoption of the provisions of SFAS No. 150 is not expected to have a material impact on the Company's consolidated financial statements. 8 (2) Stock Compensation Plans The Company uses a fixed award stock option plan to compensate certain key members of management of the Company and its subsidiaries. The Company accounts for issuance of stock options under the intrinsic value-based method of accounting prescribed by Accounting Principles Board (APB) Opinion No. 25, "Accounting for Stock Issued to Employees." Under APB No. 25, compensation expense is recorded on the date the options are granted only if the current market price of the underlying stock exceeded the exercise price. SFAS No. 123, "Accounting for Stock-Based Compensation," established accounting and disclosure requirements using a fair value-based method of accounting for stock-based employee compensation plans. As allowed under SFAS No. 123, the Company has elected to continue to apply the intrinsic value-based method of accounting described above and has adopted only the disclosure requirements of SFAS No. 123, as amended by SFAS No. 148, "Accounting for Stock - Based Compensation - Transition and Disclosure." Had the Company determined compensation cost based on the fair value method under SFAS No. 123, the Company's net income and earnings per share would have been as follows: Three Months Ended Nine Months Ended September 30, September 30, ------------------ ------------------ (Dollars in thousands, except per share amounts) 2003 2002 2003 2002 -------- -------- -------- -------- Reported net income $ 4,055 $ 6,884 $ 12,001 $ 20,185 Less: Total stock-based compensation expense determined under fair value based method for all awards, net of related tax effects 112 77 223 266 -------- -------- -------- -------- Pro forma net income $ 3,943 $ 6,807 $ 11,778 $ 19,919 ======== ======== ======== ======== Basic earnings per share: Reported $ 0.33 $ 0.59 $ 0.98 $ 1.72 Pro forma 0.32 0.58 0.96 1.70 Diluted earnings per share: Reported $ 0.33 $ 0.58 $ 0.97 $ 1.70 Pro forma 0.32 0.57 0.95 1.68 The weighted-average fair value of options granted during the nine months ended September 30, 2003 and 2002 amounted to $10.00 and $12.02, respectively. The fair value of each option grant was estimated on the date of grant using the Black-Scholes option-pricing model and the following weighted-average assumptions: September 30, ----------------- 2003 2002 ----- ----- Dividend yield 2.89% 1.94% Expected life (in years) 10.00 10.00 Expected volatility 51.06% 38.14% Risk-free interest rate 3.96% 4.98% 9 (3) Mergers and Acquisitions On December 13, 2002, BNB acquired the two Chemung County branch offices of BSB Bank & Trust Company of Binghamton, New York. The two offices purchased are located in Elmira and Elmira Heights, and had deposit liabilities totaling $44.2 million at the time of acquisition. The acquisition was accounted for as a business combination using the purchase method of accounting, and accordingly, the excess of the purchase price over the fair value of identifiable tangible and intangible assets acquired, less liabilities assumed, of approximately $1.5 million has been recorded as goodwill. In accordance with SFAS No. 142, the Company is not required to amortize goodwill recognized in this acquisition. The Company also recorded a $2.0 million intangible asset attributable to core deposits, which is being amortized using the straight-line method over seven years. On May 1, 2002, FII acquired all of the common stock of the Bank of Avoca ("BOA") in exchange for 47,036 shares of FII common stock. BOA was a community bank with its main office located in Avoca, New York, as well as a branch office in Cohocton, New York. Subsequent to the acquisition, BOA was merged with BNB. The acquisition was accounted for as a business combination using the purchase method of accounting, and accordingly, the excess of the purchase price ($1.5 million) over the fair value of identifiable tangible and intangible assets acquired ($18.4 million), less liabilities assumed ($17.3 million), of approximately $0.4 million has been recorded as goodwill. In accordance with SFAS No. 142, the Company is not required to amortize goodwill recognized in this acquisition. The Company recorded a $146,000 core deposit intangible asset, which is being amortized using the straight-line method over seven years. The 2002 results of operations for BOA are included in the income statements from the date of acquisition (May 1, 2002). (4) Earnings Per Common Share Basic earnings per share, after giving effect to preferred stock dividends, has been computed using weighted average common shares outstanding. Diluted earnings per share reflect the effects, if any, of incremental common shares issuable upon exercise of dilutive stock options. Earnings per common share have been computed based on the following: Three Months Ended Nine Months Ended September 30, September 30, ------------------ ------------------ (Dollars and shares in thousands) 2003 2002 2003 2002 -------- -------- -------- -------- Net income $ 4,055 $ 6,884 $ 12,001 $ 20,185 Less: Preferred stock dividends 374 374 1,122 1,122 -------- -------- -------- -------- Net income available to common shareholders $ 3,681 $ 6,510 $ 10,879 $ 19,063 ======== ======== ======== ======== Average number of common shares outstanding used to calculate basic earnings per common share 11,159 11,091 11,142 11,058 Add: Effect of dilutive options 107 127 103 162 -------- -------- -------- -------- Average number of common shares used to calculate diluted earnings per common share 11,266 11,218 11,245 11,220 ======== ======== ======== ======== Earnings per common share: Basic $ 0.33 $ 0.59 $ 0.98 $ 1.72 Diluted $ 0.33 $ 0.58 $ 0.97 $ 1.70 10 (5) Segment Information Reportable segments are comprised of WCB, NBG, BNB, FTB and the Financial Services Group. As stated in Note 1, during 2002 the Company completed a geographic realignment of the subsidiary Banks, which involved the merger of the subsidiary formerly known as PSB into NBG and subsequent transfer of branches between NBG and WCB. Accordingly, the Company restated segment results to reflect the merger and transfers for the 2002 periods presented. All of the revenue, expenses, assets and liabilities of PSB have been reallocated to the WCB and NBG segments. The reportable segment information is as follows: September 30, December 31, (Dollars in thousands) 2003 2002 ------------- ------------- Assets WCB $ 717,609 $ 674,755 NBG 756,910 721,090 BNB 473,328 495,055 FTB 226,384 203,382 Financial Services Group 4,956 5,052 ------------- ------------- Total segment assets 2,179,187 2,099,334 Parent and eliminations, net 7,163 5,700 ------------- ------------- Total assets $ 2,186,350 $ 2,105,034 ============= ============= Three Months Ended Nine Months Ended September 30, September 30, ------------------- ------------------- (Dollars in thousands) 2003 2002 2003 2002 -------- -------- -------- -------- Net interest income WCB $ 6,998 $ 7,282 $ 21,094 $ 21,466 NBG 6,315 6,896 19,300 20,068 BNB 3,645 3,717 11,343 10,246 FTB 2,008 2,082 6,131 6,178 Financial Services Group -- -- -- -- -------- -------- -------- -------- Total segment net interest income 18,966 19,977 57,868 57,958 Parent and eliminations, net (426) (444) (1,294) (1,362) -------- -------- -------- -------- Total net interest income $ 18,540 $ 19,533 $ 56,574 $ 56,596 ======== ======== ======== ======== Net income (loss) WCB $ 2,650 $ 2,647 $ 7,572 $ 7,903 NBG (364) 2,575 160 7,742 BNB 1,495 1,418 3,127 3,664 FTB 593 752 1,970 2,157 Financial Services Group 61 103 (135) 162 -------- -------- -------- -------- Total segment net income 4,435 7,495 12,694 21,628 Parent and eliminations, net (380) (611) (693) (1,443) -------- -------- -------- -------- Total net income $ 4,055 $ 6,884 $ 12,001 $ 20,185 ======== ======== ======== ======== 11 Item 2. Management's Discussion and Analysis of Financial Condition and Results of Operations INTRODUCTION The principal objective of this discussion is to provide an overview of the financial condition and results of operations of Financial Institutions, Inc. and its subsidiaries for the periods covered in this quarterly report. This discussion and tabular presentations should be read in conjunction with the accompanying consolidated financial statements and accompanying notes. CRITICAL ACCOUNTING POLICIES The Company's consolidated financial statements are prepared in accordance with accounting principles generally accepted in the United States and are consistent with predominant practices in the financial services industry. Application of critical accounting policies, those policies that Management believes are the most important to the Company's financial position and results, requires Management to make estimates, assumptions, and judgments that affect the amounts reported in the consolidated financial statements and accompanying notes and are based on information available as of the date of the financial statements. Future changes in information may affect these estimates, assumptions, and judgments, which, in turn, may affect amounts reported in the financial statements. The Company has numerous accounting policies, of which the most significant are presented in Note 1 of the Notes to Consolidated Financial Statements included in the Company's Annual Report on Form 10-K as of December 31, 2002, dated March 14, 2003, as filed with the Securities and Exchange Commission. These policies, along with the disclosures presented in the other financial statement notes and in this discussion, provide information on how significant assets and liabilities are reported in the financial statements and how those reported amounts are determined. Based on the sensitivity of financial statement amounts to the methods, assumptions, and estimates underlying those amounts, Management has determined that the accounting policies with respect to the allowance for loan losses and goodwill require subjective or complex judgments important to the Company's financial position and results of operations, and, as such, are considered to be critical accounting policies as discussed below. Allowance for Loan Losses: Arriving at an appropriate level of allowance for loan losses involves a high degree of judgment. The Company's allowance for loan losses provides for probable losses based upon evaluations of known and inherent risks in the loan portfolio. Management uses historical information to assess the adequacy of the allowance for loan losses and considers the prevailing business environment, as it is affected by changing economic conditions and various external factors, which may impact the portfolio in ways currently unforeseen. The allowance is increased by provisions for loan losses and by recoveries of loans previously charged-off and reduced by loans charged-off. Goodwill: SFAS No. 141 requires that the purchase method of accounting be used for all business combinations and further clarifies the criteria for the initial recognition and measurement of intangible assets separate from goodwill. SFAS No. 142 prescribes the accounting for goodwill and intangible assets subsequent to initial recognition. The provisions of SFAS No. 142 discontinue the amortization of goodwill and intangible assets with indefinite lives. Instead, these assets are subject to at least an annual impairment review, and more frequently if certain impairment indicators are in evidence. SFAS No. 142 also requires that reporting units be identified for the purpose of assessing impairment of goodwill. 12 FORWARD LOOKING STATEMENTS This report contains certain forward-looking statements within the meaning of Section 27A of the Securities Act of 1933, as amended (the "Securities Act"), and Section 21E of the Securities Exchange Act of 1934, as amended (the "Exchange Act"), that involve substantial risks and uncertainties. When used in this report, or in the documents incorporated by reference herein, the words "anticipate", "believe", "estimate", "expect", "intend", "may", and similar expressions identify such forward-looking statements. Actual results, performance or achievements could differ materially from those contemplated, expressed or implied by the forward-looking statements contained herein. These forward-looking statements are based on the current expectations of the Company or the Company's management and are subject to a number of risks and uncertainties, including but not limited to, economic, competitive, regulatory, and other factors affecting the Company's operations, markets, products and services, as well as expansion strategies and other factors discussed elsewhere in this report filed by the Company with the Securities and Exchange Commission. Many of these factors are beyond the Company's control. SELECTED FINANCIAL DATA The following table presents certain information and ratios that management of the Company considers important in evaluating performance: At or For the Nine Months Ended September 30, --------------------------------------------- 2003 2002 $ Change % Change ---- ---- -------- -------- Per common share data: Net income - basic $0.98 $1.72 $(0.74) (43)% Net income - diluted $0.97 $1.70 $(0.73) (43)% Cash dividends declared $0.48 $0.42 $0.06 14% Book value $14.78 $14.03 $0.75 5% Common shares outstanding: Weighted average shares - basic 11,142,055 11,057,731 Weighted average shares - diluted 11,244,866 11,219,501 Period end 11,162,209 11,091,581 Performance ratios, annualized: Return on average assets 0.74% 1.40% Return on average common equity 8.73% 17.87% Common dividend payout ratio 48.98% 24.42% Net interest margin (tax-equivalent) 3.95% 4.43% Efficiency ratio * 55.87% 49.68% Asset quality ratios: Nonperforming loans to total loans 3.73% 1.13% Nonperforming assets to total loans and other real estate 3.78% 1.24% Net loan charge-offs to average loans 0.67% 0.26% Allowance for loan losses to total loans 2.12% 1.60% Allowance for loan losses to nonperforming loans 57% 142% Capital ratios: Average common equity to average total assets 7.78% 7.57% Leverage ratio 7.00% 7.19% Tier 1 risk based capital ratio 9.99% 10.32% Risk-based capital ratio 11.25% 11.57% * Efficiency ratio represents noninterest expense less other real estate expense and amortization of intangibles divided by net interest income (tax equivalent) plus other noninterest income less gain (loss) on sale of available for sale securities. 13 ANALYSIS OF FINANCIAL CONDITION Lending Activities Loan Portfolio Composition The following table provides selected information regarding the composition of the Company's loan portfolio at the dates indicated. September 30, December 31, (Dollars in thousands) 2003 2002 ------------------- ------------------- Commercial $ 260,033 18.9% $ 262,630 19.9% Commercial real estate 366,250 26.7 332,134 25.1 Agricultural 247,272 18.0 233,769 17.7 Residential real estate 250,983 18.3 251,898 19.1 Consumer and home equity 248,917 18.1 241,461 18.2 ----------- ----- ----------- ----- Total loans gross 1,373,455 100.0 1,321,892 100.0 Allowance for loan losses (29,052) (21,660) ----------- ----------- Total loans, net $ 1,344,403 $ 1,300,232 =========== =========== Total gross loans increased $52 million to $1.373 billion at September 30, 2003 from $1.322 billion at December 31, 2002. Commercial real estate loans increased $34 million to $366 million or 26.7% of the portfolio at September 30, 2003 from $332 million or 25.1% at December 31, 2002. Agricultural loans increased $13 million, to $247 million at September 30, 2003 from $234 million at December 31, 2002. Included in agricultural loans were $123 million in loans to dairy farmers, or 9.0% of the total loan portfolio at September 30, 2003 comparable to $119 million or 9.0% of the total loan portfolio at December 31, 2002. The residential real estate portfolio includes loans held for sale totaling $9,688,000 and $6,971,000 at September 30, 2003 and December 31, 2002, respectively. Nonaccruing Loans and Nonperforming Assets Nonperforming assets at September 30, 2003 were $51.9 million compared to $38.4 million at December 31, 2002. The increase in nonperforming loans includes an increase of $5.7 million in commercial loans, $1.6 million in commercial mortgage loans and $6.0 million in agricultural loans. The increase in commercial and commercial mortgage nonaccrual loans relates to general continued weak economic conditions and the overextended positions of the borrowers. The increase in nonaccrual agricultural loans relates to an extended period of low milk prices in the dairy industry that has adversely affected the borrowers' cash flow. More recently there has been favorable upward movement in milk prices. Over the past few quarters the Company has committed additional resources toward management of the Company's nonperforming assets and strengthening the credit administration function. 14 The following table provides information regarding nonaccruing loans and other nonperforming assets at the dates indicated. September 30, December 31, (Dollars in thousands) 2003 2002 ------------- ------------- Nonaccruing loans (1) Commercial $ 18,910 $ 12,760 Commercial real estate 10,387 8,407 Agricultural 14,550 8,739 Residential real estate 2,005 1,065 Consumer and home equity 500 915 ------------- ------------- Total nonaccruing loans 46,352 31,886 Restructured loans 3,098 4,129 Accruing loans 90 days or more delinquent 1,723 1,091 ------------- ------------- Total nonperforming loans 51,173 37,106 Other real estate owned 756 1,251 ------------- ------------- Total nonperforming assets $ 51,929 $ 38,357 ============= ============= Total nonperforming loans to total loans 3.73% 2.81% Total nonperforming assets to total loans and other real estate 3.78% 2.90% (1) Loans are placed on nonaccrual status when they have been identified by the Company as presenting uncertainty with respect to the collectibility of interest or principal. The recorded investment in loans considered impaired totaled $30,127,000 and $24,626,000 at September 30, 2003 and December 31, 2002, respectively. The allowance for loan losses related to impaired loans amounted to $7,597,000 and $4,462,000 at September 30, 2003 and December 31, 2002, respectively. Interest income recognized on impaired loans, while such loans were impaired, during the nine months ended September 30, 2003 and 2002 was approximately $148,000 and $349,000, respectively. Analysis of the Allowance for Loan Losses The allowance for loan losses represents the estimated amount of probable credit losses inherent in the Company's loan portfolio. Periodic, systematic reviews of the loan portfolio are performed to identify losses. These reviews result in the identification and quantification of loss factors, which are used in determining the amount of the allowance for loan losses. In addition, the Company periodically evaluates prevailing economic and business conditions, industry concentrations, changes in the size and characteristics of the portfolio and other pertinent factors. The allowance for loan losses is allocated to cover the estimated losses in each loan category based on the results of this detailed review. The process used by the Company to determine the appropriate overall allowance for loan losses is based on this analysis, taking into consideration management's judgment. Allowance methodology is reviewed on a periodic basis and modified as appropriate. Based on this analysis the Company believes the allowance for loan losses is fairly stated at September 30, 2003. 15 The following table sets forth the activity in the allowance for loan losses for the periods indicated. Three Months Ended Nine Months Ended September 30, September 30, ------------------- ------------------- (Dollars in thousands) 2003 2002 2003 2002 -------- -------- -------- -------- Balance at beginning of period $ 26,518 $ 20,121 $ 21,660 $ 19,074 Addition as a result of acquisition -- -- -- 174 Charge-offs: Commercial 1,600 679 4,099 1,234 Commercial real estate 687 77 1,594 467 Agricultural -- -- 27 29 Residential real estate 26 19 97 54 Consumer and home equity 897 412 1,652 1,087 -------- -------- -------- -------- Total charge-offs 3,210 1,187 7,469 2,871 Recoveries: Commercial 63 9 419 28 Commercial real estate 6 14 18 84 Agricultural 1 -- 3 35 Residential real estate 1 -- 10 54 Consumer and home equity 83 65 212 256 -------- -------- -------- -------- Total recoveries 154 88 662 457 -------- -------- -------- -------- Net charge-offs 3,056 1,099 6,807 2,414 Provision for loan losses 5,590 1,452 14,199 3,640 -------- -------- -------- -------- Balance at end of period $ 29,052 $ 20,474 $ 29,052 $ 20,474 ======== ======== ======== ======== Ratio of net loan charge-offs to average loans (annualized) 0.89% 0.35% 0.67% 0.26% Ratio of allowance for loan losses to total loans 2.12% 1.60% 2.12% 1.60% Ratio of allowance for loan losses to nonperforming loans 57% 142% 57% 142% Net loan charge-offs were $6.8 million for the first nine months of 2003 or 0.67% (annualized) of average loans compared to $2.4 million or 0.26% of average loans in the same period last year. Provision for loan losses amounted to $14.2 million for the first nine months of 2003 and reflects the increased amount of net loan charge-offs, higher levels of specific allocations associated with impaired loans, and overall higher allowances on pools of homogeneous loans. The ratio of the allowance for loan losses to nonperforming loans was 57% at September 30, 2003, compared to 58% at December 31, 2002. The ratio of the allowance for loan losses to total loans increased to 2.12% at September 30, 2003, compared to 1.64% at December 31, 2002. 16 Investing Activities U.S. Treasury and Agency Securities At September 30, 2003, the U.S. Treasury and Agency securities portfolio totaled $171.4 million, all of which was classified as available for sale. The portfolio was comprised entirely of U. S. federal agency securities, which were predominately callable securities. These callable securities provide higher yields than similar securities without call features. At December 31, 2002, the U.S. Treasury and Agency securities portfolio totaled $120.6 million, all of which was classified as available for sale. State and Municipal Obligations At September 30, 2003, the portfolio of state and municipal obligations totaled $232.2 million, of which $186.8 million was classified as available for sale. At that date, $45.4 million was classified as held to maturity, with a fair value of $46.5 million. At December 31, 2002, the portfolio of state and municipal obligations totaled $222.0 million, of which $174.9 million was classified as available for sale. At that date, $47.1 million was classified as held to maturity, with a fair value of $48.1 million. The growth in this portfolio can be attributed to the Company's efforts to expand municipal banking relationships, which includes both deposit activities and investing in obligations issued by those municipalities. Mortgage-Backed Securities Mortgage-backed securities, all of which were classified as available for sale, totaled $190.3 million and $283.5 million at September 30, 2003 and December 31, 2002, respectively. The portfolio was comprised of $131.2 million of mortgage-backed pass-through securities, $48.7 million of collateralized mortgage obligations (CMOs) and $10.4 million of other asset-backed securities at September 30, 2003. The mortgage backed pass-through securities were predominantly agency issued debt (FNMA, FHLMC, or GNMA). Over 75% of the agency mortgage-backed pass-through securities were in fixed rate securities that were most frequently formed with mortgages having an original balloon payment of five or seven years. The adjustable rate agency mortgage-backed securities portfolio is principally indexed to the one-year Treasury bill. The CMO portfolio consists of government agency issues and privately issued AAA rated securities. The other asset-backed securities are primarily Student Loan Marketing Association (SLMA) floaters, which are securities backed by student loans. At December 31, 2002 the portfolio consisted of $193.4 million of mortgage-backed pass-through securities and $90.1 million of CMOs. The mortgage-backed portfolio at December 31, 2002 was primarily agency issued (FNMA, FHLMC, GNMA) obligations, but also included privately issued AAA rated securities and SLMA floaters to further diversify the portfolio. During the first nine months of 2003, the low interest rate environment has led to significant refinance activity and high prepayments of mortgage-backed securities. These increased prepayments have led to a decline in the Company's mortgage-backed security portfolio. Corporate Bonds The corporate bond portfolio, all of which was classified as available for sale, totaled $4.1 million and $13.9 million at September 30, 2003 and December 31, 2002, respectively. The portfolio was purchased to further diversify the investment portfolio and increase investment yield. The Company's investment policy limits investments in corporate bonds to no more than 10% of total investments and to bonds rated as Baa or better by Moody's Investors Service, Inc. or BBB or better by Standard & Poor's Ratings Services at the time of purchase. Equity Securities At September 30, 2003 and December 31, 2002, available for sale equity securities totaled $5.8 million and $3.9 million, respectively. This portfolio is primarily comprised of FHLMC preferred stock, but also includes corporate equity securities owned by the holding company. 17 Funding Activities Deposits The Banks offer a broad array of core deposit products including checking accounts, interest-bearing transaction accounts, savings and money market accounts and certificates of deposit under $100,000. These core deposits totaled $1.6 billion or 87.5% of total deposits of $1.828 billion at September 30, 2003 compared to core deposits of $1.507 billion or 88.2% of total deposits of $1.709 billion at December 31, 2002. The core deposit base consists almost exclusively of in-market accounts. The Company had total public deposits of $398.3 million at September 30, 2003 compared to $361.2 million at December 31, 2002. The increase is a reflection of the seasonality of the municipal banking business. Included in total deposits are certificates of deposit over $100,000, which amounted to $227.7 million and $201.8 million as of September 30, 2003 and December 31, 2002, respectively. As of September 30, 2003 and December 31, 2002, brokered certificates of deposit included in certificates of deposit over $100,000 totaled $83.7 million and $71.6 million, respectively. Non-Deposit Sources of Funds The Company's most significant source of non-deposit funds is FHLB borrowings. FHLB advances outstanding amounted to $102.0 million and $112.8 million as of September 30, 2003 and December 31, 2002, respectively. These FHLB borrowings include both short and long-term advances maturing on various dates through 2009. The Company had approximately $21.0 million of immediate credit available under lines of credit with the FHLB at September 30, 2003, collateralized by FHLB stock and real estate mortgage loans. The Company also has lines of credit with the Federal Agricultural Mortgage Corp. (Farmer Mac) permitting borrowings to a maximum of $50.0 million. However, no advances were outstanding against the Farmer Mac lines as of September 30, 2003. The Company also utilizes securities sold under agreements to repurchase as a source of funds. These short-term repurchase agreements amounted to $31.4 million and $60.7 million as of September 30, 2003 and December 31, 2002, respectively. During 2001 FISI Statutory Trust I (the "Trust") was established and issued 30 year guaranteed preferred beneficial interests in junior subordinated debentures of the Company ("capital securities") in the aggregate amount of $16.2 million at a fixed rate of 10.2%. The Company used the net proceeds from the sale of the capital securities to partially fund the acquisition of BNB. As of September 30, 2003, all of the capital securities qualified as Tier I capital under regulatory definitions. Since the capital securities are classified as debt for financial statement purposes, the tax-deductible expense associated with the capital securities is recorded as interest expense in the consolidated statements of income. Equity Activities Total shareholders' equity totaled $182.7 million at September 30, 2003, an increase of $4.4 million from $178.3 million at December 31, 2002. Retained earnings increased to $136.9 million at September 30, 2003, a $5.5 million increase over retained earnings at year-end. The increase in retained earnings was offset by a $2.3 million decrease in accumulated other comprehensive income attributed to a decline in unrealized gain on available for sale securities. RESULTS OF OPERATIONS Average Balance Sheets The tables on the following pages set forth certain information relating to the Company's consolidated statements of financial condition and reflect the average yields earned on interest-earning assets, as well as the average rates paid on interest-bearing liabilities for the periods presented. Dividing interest income or interest expense by the average balances of interest-earning assets or interest-bearing liabilities, respectively, derived the yields and rates. Tax equivalent adjustments have been made. All average balances are average daily balances. Nonaccruing loan balances are included in the yield calculations in these tables. 18 For The Three Months Ended September 30, ---------------------------------------- 2003 2002 ---- ---- Average Interest Annualized Average Interest Annualized Outstanding Earned/ Yield/ Outstanding Earned/ Yield/ (Dollars in thousands) Balance Paid Rate Balance Paid Rate ------- ---- ---- ------- ---- ---- Interest-earning assets: Federal funds sold and interest-bearing deposits $ 65,723 $ 171 1.03% $ 15,280 $ 71 1.84% Investment securities (1): Taxable 348,650 3,477 3.99% 389,146 5,074 5.21% Non-taxable 230,435 3,130 5.43% 212,812 3,262 6.13% ----------- ----------- ------ ----------- ----------- ------- Total investment securities 579,085 6,607 4.56% 601,958 8,336 5.54% Loans (2): Commercial and agricultural 874,278 12,747 5.78% 791,515 13,477 6.76% Residential real estate 259,537 4,638 7.15% 233,321 4,796 8.22% Consumer and home equity 244,898 4,243 6.87% 234,522 4,805 8.13% ----------- ----------- ------ ----------- ----------- ------- Total loans 1,378,713 21,628 6.23% 1,259,358 23,708 7.29% ----------- ----------- ------ ----------- ----------- ------- Total interest-earning assets 2,023,521 28,406 5.58% 1,876,596 31,485 6.68% ----------- ----------- ------ ----------- ----------- ------- Allowance for loans losses (26,375) (20,331) Other non-interest earning assets 160,262 145,012 ----------- ----------- Total assets $ 2,157,408 $ 2,001,277 =========== =========== Interest-bearing liabilities: Interest-bearing checking 387,250 794 0.81% 372,025 1,346 1.44% Savings and money market 401,828 833 0.82% 355,600 1,404 1.57% Certificates of deposit 753,866 5,517 2.90% 675,435 6,182 3.63% Borrowed funds 136,487 1,205 3.51% 170,723 1,457 3.37% Guaranteed preferred beneficial interests in Corporation's junior subordinated debentures 16,200 421 10.31% 16,200 421 10.31% ----------- ----------- ------ ----------- ----------- ------- Total interest-bearing liabilities 1,695,631 8,770 2.05% 1,589,983 10,810 2.70% ----------- ----------- ------ ----------- ----------- ------- Non-interest bearing demand deposits 254,528 222,854 Other non-interest-bearing liabilities 21,677 19,233 ----------- ----------- Total liabilities 1,971,836 1,832,070 Shareholders' equity (3) 185,572 169,207 ----------- ----------- Total liabilities and shareholders' equity $ 2,157,408 $ 2,001,277 =========== =========== Net interest income - tax equivalent 19,636 20,675 Less: tax equivalent adjustment 1,096 1,142 ----------- ----------- Net interest income $ 18,540 $ 19,533 =========== =========== Net interest rate spread 3.53% 3.98% ====== ======= Net earning assets $ 327,890 $ 286,613 =========== =========== Net interest margin (4) 3.86% 4.39% ====== ======= Ratio of average interest-earning assets to average interest-bearing liabilities 119.34% 118.03% ====== ======= (1) Amounts shown are amortized cost for held to maturity securities and fair value for available for sale securities. In order for pre-tax income and resultant yields on tax-exempt securities to be comparable to those on taxable securities and loans, a tax-equivalent adjustment to interest earned from tax-exempt securities has been computed using a federal rate of 35%. (2) Net of deferred loan fees and costs, and loan discounts and premiums. (3) Includes gains (losses) on securities available for sale. (4) The net interest margin is equal to net interest income divided by average interest-earning assets and is presented on an annualized basis. 19 For The Nine Months Ended September 30, --------------------------------------- 2003 2002 ---- ---- Average Interest Annualized Average Interest Annualized Outstanding Earned/ Yield/ Outstanding Earned/ Yield/ (Dollars in thousands) Balance Paid Rate Balance Paid Rate ------- ---- ---- ------- ---- ---- Interest-earning assets: Federal funds sold and interest-bearing deposits $ 46,598 $ 397 1.14% $ 28,469 $ 377 1.77% Investment securities (1): Taxable 391,979 12,385 4.22% 355,605 14,441 5.41% Non-taxable 230,011 9,635 5.59% 208,954 9,845 6.28% ----------- ----------- -------- ----------- ----------- -------- Total investment securities 621,990 22,020 4.72% 564,559 24,286 5.73% Loans (2): Commercial and agricultural 857,233 38,554 6.01% 750,806 39,118 6.97% Residential real estate 257,267 14,053 7.28% 232,257 14,393 8.26% Consumer and home equity 241,683 12,949 7.16% 231,421 14,102 8.15% ----------- ----------- -------- ----------- ----------- -------- Total loans 1,356,183 65,556 6.46% 1,214,484 67,613 7.44% ----------- ----------- -------- ----------- ----------- -------- Total interest-earning assets 2,024,771 87,973 5.80% 1,807,512 92,276 6.82% ----------- ----------- -------- ----------- ----------- -------- Allowance for loans losses (24,068) (19,836) Other non-interest earning assets 156,474 145,197 ----------- ----------- Total assets $ 2,157,177 $ 1,932,873 =========== =========== Interest-bearing liabilities Interest-bearing checking 386,805 2,805 0.97% 348,957 3,844 1.47% Savings and money market 410,619 3,224 1.05% 351,553 4,246 1.61% Certificates of deposit 748,428 16,913 3.02% 649,023 18,539 3.82% Borrowed funds 148,654 3,827 3.44% 172,271 4,347 3.37% Guaranteed preferred beneficial interests in Corporation's junior subordinated debentures 16,200 1,258 10.38% 16,200 1,258 10.38% ----------- ----------- -------- ----------- ----------- -------- Total interest-bearing liabilities 1,710,706 28,027 2.19% 1,538,004 32,234 2.80% ----------- ----------- -------- ----------- ----------- -------- Non-interest bearing demand deposits 239,843 214,761 Other non-interest-bearing liabilities 22,365 19,694 ----------- ----------- Total liabilities 1,972,914 1,772,459 Shareholders' equity (3) 184,263 160,414 ----------- ----------- Total liabilities and shareholders' equity $ 2,157,177 $ 1,932,873 =========== =========== Net interest income - tax equivalent 59,946 60,042 Less: tax equivalent adjustment 3,372 3,446 ----------- ----------- Net interest income $ 56,574 $ 56,596 =========== =========== Net interest rate spread 3.61% 4.02% ======== ======== Net earning assets $ 314,065 $ 269,508 =========== =========== Net interest margin (4) 3.95% 4.43% ======== ======== Ratio of average interest-earning assets to average interest-bearing liabilities 118.36% 117.52% ======== ======== (1) Amounts shown are amortized cost for held to maturity securities and fair value for available for sale securities. In order for pre-tax income and resultant yields on tax-exempt securities to be comparable to those on taxable securities and loans, a tax-equivalent adjustment to interest earned from tax-exempt securities has been computed using a federal rate of 35%. (2) Net of deferred loan fees and costs, and loan discounts and premiums. (3) Includes gains (losses) on securities available for sale. (4) The net interest margin is equal to net interest income divided by average interest-earning assets and is presented on an annualized basis. 20 Net Interest Income Net interest income, the principal source of the Company's earnings, decreased 5.0% to $18.5 million compared to $19.5 million in the third quarter of 2002. Net interest margin was 3.86% for the third quarter of 2003, a drop of 53 basis points from 4.39% for the same period last year. For the nine months ended September 30, 2003 and 2002, net interest income totaled $56.6 million. In the 2003 period net interest margin decreased to 3.95% from 4.43%. Net interest margin has declined over the past year, as market interest rates have fallen to historically low levels. The trend of compression in net interest margin has developed as a result of yields on incremental asset growth declining more rapidly than funding costs in this period of low interest rates. The loss of interest income on nonaccrual loans has also contributed to the declines in net interest margin in recent quarters. Provision for Loan Losses The provision for loan losses for the third quarter of 2003 totaled $5.6 million, an increase of $4.1 million over the $1.5 million provision for loan losses for the third quarter of 2002. For the first nine months of 2003, the provision for loan losses totaled $14.2 million compared to $3.6 million for the same period last year. The increased provision for loan losses in 2003 is a reflection of higher loan charge-offs, increased specific reserve allocations on impaired loans, a decline in asset quality and the extended soft economy with resulting effects on the Company's assessment of the allowance for loan losses. See the discussion under "Analysis of the Allowance for Loan Losses." Noninterest Income Noninterest income increased 24% in the third quarter of 2003 to $7.1 million from $5.7 million for the third quarter of 2002. For the first nine months of 2003, noninterest income totaled $19.3 million, an increase of 22% over the same period last year. Growth in deposits and related activity resulted in service charges on deposits increasing $662,000 to $8.4 million for the nine months ending September 30, 2003 compared to $7.7 million for the same period a year ago. Mortgage banking revenues, which include gains and losses from the sale of residential mortgage loans, mortgage servicing income and the amortization of mortgage servicing rights, increased $1.2 million to $2.8 million for the nine months ended September 30, 2003 from $1.6 million for the same period last year. The increase in mortgage banking revenues corresponds with the increase in residential mortgage refinancing activity resulting from the historically low interest rate environment. The Company sells most fixed rate newly originated and refinanced mortgage loans in the secondary market. Net gains on sale of securities increased to $581,000 for the three months ending September 30, 2003 compared to $139,000 for the same period a year ago. Noninterest Expense Noninterest expense for the third quarter of 2003 totaled $14.9 million compared with $13.4 million for the third quarter of 2002. For the nine months ended September 30, 2003, noninterest expense was $45.4 million, an increase of $6.8 million over $38.6 million for the prior year. Salaries and benefits have increased $3.6 million for year-to-date 2003, primarily as a result of additional staffing associated with the Company's new branch offices and the expansion of its credit administration department. The first quarter of 2003 also included $674,000 of former management separation costs. Occupancy and equipment costs have increased $829,000 during the nine months ended September 30, 2003 due to the additional branches and expansion of the Company's technology platform. Additional items at the Company's NBG subsidiary affecting noninterest expense during the nine months ended September 30, 2003 include an impairment charge of $489,000 for a partnership investment, professional services amounting to $232,000 related to organizational governance and credit administration issues, and a $538,000 write-down of a parcel of other real estate owned. 21 These additional expenses, coupled with a slowing of net interest income growth, are the principal factors increasing the Company's year-to-date efficiency ratio for 2003 to 55.87%, compared to 49.68% for the same period a year ago. Income Tax Expense The provision for income taxes, which provides for Federal and New York State income taxes, amounted to $1.1 million and $3.5 million for the third quarter of 2003 and 2002, respectively. For the nine months ended September 30, 2003 and 2002, the provision for income taxes totaled $4.3 million and $9.9 million, respectively. While the decrease generally corresponds to the decreased levels of taxable income, the effective tax rate for year-to-date 2003 decreased to 26.3%, compared to 33.0% for year-to-date 2002, primarily as a result of an increase in holdings of tax-exempt securities. Liquidity and Capital Resources Liquidity The objective of maintaining adequate liquidity is to assure the ability of the Company and its subsidiaries to meet their financial obligations. These obligations include the withdrawal of deposits on demand or at their contractual maturity, the repayment of borrowings as they mature, the ability to fund new and existing loan commitments and the ability to take advantage of new business opportunities. The Company and its subsidiaries achieve liquidity by maintaining a strong base of core customer funds, maturing short-term assets, the ability to sell securities, lines of credit, and access to capital markets. Liquidity at the subsidiary bank level is managed through the monitoring of anticipated changes in loans, core deposits, and wholesale funds. The strength of the subsidiary bank's liquidity position is a result of its base of core customer deposits. These core deposits are supplemented by wholesale funding sources, including credit lines with the other banking institutions, the FHLB, Farmer Mac, and the Federal Reserve Bank. The primary source of liquidity for the parent company is dividends from subsidiaries, lines of credit, and access to capital markets. Dividends from subsidiaries are limited by various regulatory requirements related to capital adequacy and earnings trends. The Company's subsidiaries rely on cash flows from operations, core deposits, borrowings, short-term liquid assets, and, in the case of non-banking subsidiaries, funds from the parent company. In the normal course of business, the Company has outstanding commitments to extend credit not reflected in the Company's consolidated financial statements. The commitments generally have fixed expiration dates or other termination clauses and may require payment of a fee. At September 30, 2003 letters of credit totaling $11.6 million and unused loan commitments of $315.5 million were contractually available. Comparable amounts for these commitments at December 31, 2002 were $13.4 million and $316.6 million, respectively. The total commitment amounts do not necessarily represent future cash requirements as certain of the commitments are expected to expire without funding. The Company's cash and cash equivalents were $119.9 million at September 30, 2003, an increase of $71.5 million from the balance of $48.4 million at December 31, 2002. The primary factors leading to the increase in cash during the first nine months of 2003 were the increase in deposits and decrease in securities, offset by an increase in net loans and decrease in borrowings. Capital Resources The Federal Reserve Board has adopted a system using risk-based capital guidelines to evaluate the capital adequacy of bank holding companies. The guidelines require a minimum total risk-based capital ratio of 8.0%. Leverage ratio is also utilized in assessing capital adequacy with a minimum requirement that can range from 3.0% to 5.0%. The Company's Tier 1 leverage ratio was 7.00% and 6.96% at September 30, 2003 and December 31, 2002, respectively, well-above minimum regulatory capital requirements. Total Tier 1 capital of $147.2 22 million at September 30, 2002 increased $7.6 million from $139.6 million at December 31, 2002. The increase in Tier 1 capital relates primarily to the increase of $5.5 million in retained earnings resulting from the Company's 2003 nine month earnings net of dividend payouts. The Company's total risk-weighted capital ratio was 11.25% at September 30, 2003, comparable to 11.08% at and December 31, 2002, both well-above minimum regulatory capital requirements. Total risk-based capital was $165.7 million at September 30, 2003, an increase of $8.3 million from $157.4 million at December 31, 2002. The Company has previously disclosed its intent to secure financing that will enable the Company to make capital contributions to its NBG and BNB subsidiary banks to achieve capital ratios at those banks specified in agreements entered into by the banks with the Office of the Comptroller of the Currency. The Company is negotiating with a major financial institution to provide medium term debt financing in an amount that will enable the Company to make those capital contributions. Finalization of terms and receipt of funds is anticipated by December 31, 2003 at which time the Company expects to make contributions to the banks in amounts sufficient to achieve the level of capital ratios required by March 31, 2004 in the agreements. Other Matters The Company disclosed in its 2003 Annual Report on Form 10-K that the OCC began Safety & Soundness Examinations at NBG and BNB in early January 2003 and that management was undertaking significant remedial measures in credit administration, compliance and organizational structure to address the issues identified in those examinations. On April 30, 2003, at examination exit meetings with the senior managements of NBG and BNB, the OCC outlined proposed findings and provided a written summary of issues requiring attention in the areas of regulatory compliance, credit risk management and internal controls. On August 13, 2003 the OCC delivered its Report of Examination with respect to each of NBG and BNB for the period ended September 30, 2002 (each an "ROE" and collectively the "ROEs") to the Boards of Directors of NBG and BNB. The NBG ROE was based on financial information as of September 30, 2002, updated to December 31, 2002, where possible, and the BNB ROE was based on financial information as of September 30, 2002, updated to March 31, 2003, where possible. As described in the "Other Matters" section of the Management's Discussion and Analysis of Financial Condition and Results of Operations at pages 23 through 25 of the Company's second quarter Form 10-Q filed on August 14, 2003 (which section is referred to herein as the "Second Quarter 10-Q MD&A") the ROEs concluded that both NBG and Bath required improvement in board and management supervision and had less than satisfactory asset quality, although, in the case of both banks, the ROEs concluded that the allowance for loan and lease losses was adequate. The ROEs also found that in both banks, capital was strained, although earnings were satisfactory and liquidity was adequate. Various regulatory violations were identified at both banks, all of which have either already been corrected or are in the process of being corrected by management of the banks. As a consequence of these findings, both ROEs stated the banks would lose their "well managed" status and "satisfactory" composite ratings, and would be the subject of enforcement actions. In the case of NBG, the OCC indicated that it was considering whether to impose civil money penalties. Also on August 13, and as described in the Second Quarter 10-Q MD&A, the OCC initiated enforcement actions against both banks by delivering drafts of proposed formal agreements to the Boards of NBG and BNB (each an "Agreement" and collectively the "Agreements"). On September 4, the boards of the two banks entered into the Agreements, under the terms of which the boards, without admitting any violations, agreed to take actions designed to assure that their operations are in accordance with applicable laws and regulations. The actions required by the Agreements with respect to management and credit policy at both banks are summarized in the Second Quarter 10-Q MD&A. The Agreements also require NBG and BNB to adopt dividend policies that would permit them to declare dividends only when they are in 23 compliance with their approved capital plan and the provisions of 12 U.S.C. Section 56 and 60, and upon prior written notice to (but not consent of) the Assistant Deputy Comptroller. The banks are important sources of funds to the Company and, if they are unable, or limited in their ability, to pay dividends to the Company, that will affect the Company's ability to pay dividends to its shareholders. In addition, the Agreements require both banks to develop capital plans that will enable them to achieve, by March 31, 2004, a tier 1 leverage capital ratio equal to 8%, a tier 1 risk-based capital ratio equal to 10%, and a total risk-based capital ratio of 12%. Interim levels, to be achieved by December 31, 2003, were also established, at 6.25%, 9.0% and 11.0%, respectively, for BNB, and 7.0%, 9.0% and 10.5%, respectively, for NBG. The NBG Agreement, as more fully described in the Second Quarter 10-Q MD&A, requires the Board to adopt a written policy on extensions of overdraft credit and limit the circumstances under which NBG would be permitted to directly or indirectly extend credit to its affiliates, and requires the bank to engage an independent appraiser to provide written or updated real property collateral appraisals where required. The BNB Agreement, as previously described, requires its Board of Directors to adopt a written action plan outlining proposed corrective action addressing the pre-existing Matters Requiring Attention (MRA) pertaining to Interest Rate Risk Measurement and Monitoring Systems. As described in the "Liquidity and Capital Resources" section of the Management Discussion and Analysis, the Company is negotiating with a major financial institution to provide financing in an amount that will enable the Company to make capital contributions to NBG and BNB to satisfy the requirements of their respective capital plans. The findings in the ROEs are consistent with discussions the Company has had with the OCC and the disclosures in its 2002 Annual Report on Form 10K, Quarterly Report March 31, 2003 on Form 10Q, and Quarterly Report June 30, 2003 on Form 10Q. The ROEs did not identify any nonperforming assets that were not disclosed in the Company's Quarterly Reports March 31, 2003 or June 30, 2003 on Form 10Q. To address the issues noted the Company and the banks have taken the following actions to date: o The Board of NBG has appointed a new President and new Senior Lender. o The Board of BNB has created and filled a new Senior Lender position. o The Company has engaged a new external loan review firm and revised the scope of the engagement. o In September 2002 the Company created and filled a new Senior Credit Administrator position at the holding company level. o In the first quarter of 2003 the Company created and filled a new Senior Credit Risk Management position and credit analysis function at the holding company level that supports the loan underwriting process. o In the first half of 2003 the Company created and filled positions of a new loan workout department at the holding company level to manage all classified credits. o The Company has revised its lending policy in the areas of approval authorities, insider lending, transactions with affiliates, real estate appraisals, review of the allowance for loan losses, and terms and collateral on selected classes of credit. o To enhance capital levels NBG has not paid a dividend in 2003 and the Company contributed an additional $1,000,000 in capital. At September 30, 2003 NBG had a tier 1 leverage capital ratio of 6.64%, a tier 1 risk-based capital ratio of 9.03% and a total risk based capital ratio of 10.30%. 24 o To enhance capital levels BNB has not paid a dividend since its first quarter 2003 dividend. At September 30, 2003 BNB had a tier 1 leverage capital ratio of 6.27%, a tier 1 risk-based capital ratio of 10.43%, and a total risk based capital ratio of 11.68%. o BNB has instituted new procedures to test the validity of assumptions made in its interest rate risk measuring and monitoring systems. The OCC Agreements are included as exhibits to the Current Report filed on Form 8-K September 5, 2003. The OCC Agreements are also available on the OCC's website and, together with any CMPs that may be assessed, could have adverse effects on NBG and Bath, including without limitation making it more difficult for them to attract and retain qualified directors, making them ineligible to accept brokered deposits without FDIC approval, increasing their expenses associated with complying with the ROEs' recommendations and damaging their reputations. These actions also could have adverse effects on the Company, including without limitation reducing its access to capital, reducing its liquidity and damaging its reputation. Because the OCC reports concluded that NBG and Bath were not entitled to "well-managed" and "well-capitalized" status, the Company on September 4 voluntarily terminated its financial holding company (FHC) status under the Bank Holding Company Act, and will operate instead as a bank holding company. The change in status will not affect any non-financial subsidiaries or activities currently being conducted by FII, although it will mean that future acquisitions or expansions of non-financial activities may require prior Federal Reserve Board approval and will be limited to those that are permissible for bank holding companies. Item 3. Quantitative and Qualitative Disclosures about Market Risk The principal objective of the Company's interest rate risk management is to evaluate the interest rate risk inherent in certain assets and liabilities, determine the appropriate level of risk to the Company given its business strategy, operating environment, capital and liquidity requirements and performance objectives, and manage the risk consistent with the guidelines approved by the Company's Board of Directors. The Company's senior management is responsible for reviewing with the Board its activities and strategies, the effect of those strategies on the net interest margin, the fair value of the portfolio and the effect that changes in interest rates will have on the portfolio and exposure limits. Senior Management develops an Asset-Liability Policy that meets strategic objectives and regularly reviews the activities of the subsidiary Banks. Each subsidiary bank board adopts an Asset-Liability Policy within the parameters of the overall FII Asset-Liability Policy and utilizes an asset/liability committee comprised of senior management of the bank under the direction of the bank's board. Management of the Company's interest rate risk requires the selection of appropriate techniques and instruments to be utilized after considering the benefits, costs and risks associated with available alternatives. Since the Company does not utilize derivative instruments, management's techniques usually consider one or more of the following: (1) interest rates offered on products, (2) maturity terms offered on products, (3) types of products offered, and (4) products available to the Company in the wholesale market such as advances from the FHLB. The Company uses a net interest income and economic value of equity model as one method to identify and manage its interest rate risk profile. The model is based on expected cash flows and repricing characteristics for all financial instruments and incorporates market-based assumptions regarding the impact of changing interest rates on these financial instruments. Assumptions based on the historical behavior of deposit rates and balances in relation to changes in interest rates are also incorporated into the model. These assumptions are inherently uncertain and, as a result, the model cannot precisely measure net interest income or precisely predict the impact of fluctuations in interest rates on net interest income. Actual results will differ from simulated results due to timing, magnitude, and frequency of interest rate changes as well as changes in market conditions and management strategies. The Company has experienced no significant changes in market risk due to changes in interest rates since the Company's Annual Report on Form 10-K as of December 31, 2002, dated March 14, 2003, as filed with the Securities and Exchange Commission. 25 Management also uses a static gap analysis to identify and manage the Company's interest rate risk profile. Interest sensitivity gap ("gap") analysis measures the difference between the assets and liabilities repricing or maturing within specific time periods. Item 4. Controls and Procedures Under the supervision and with the participation of the Company's management, including the Chief Executive Officer and Chief Financial Officer, the Company has evaluated the effectiveness of the design and operation of its disclosure controls and procedures (as defined in Rule 13a-15(e) and 15d-15(e) under the Exchange Act) as of the end of the period covered by this quarterly report. Based upon that evaluation, the Chief Executive Officer and Chief Financial Officer concluded that, as of the end of the period covered by this quarterly report, the Company's disclosure controls and procedures are effective to ensure that information required to be disclosed in the reports that the Company files or submits under the Securities Exchange Act of 1934 is recorded, processed, summarized and reported, within the time periods specified in the Securities and Exchange Commission's rules and forms. There has been no change in the Company's internal control over financial reporting during the most recent fiscal quarter that has materially affected, or is reasonably likely to materially affect, the Company's internal control over financial reporting. PART II -- OTHER INFORMATION Item 6. Exhibits and Reports on Form 8-K (a) Exhibits. Exhibit 11.1 Computation of Per Share Earnings* Exhibit 31.1 Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 Exhibit 31.2 Certification Pursuant to Section 302 of the Sarbanes-Oxley Act of 2002 Exhibit 32.1 Certification Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 Exhibit 32.2 Certification Pursuant to 18 U.S.C. Section 1350, as Adopted Pursuant to Section 906 of the Sarbanes-Oxley Act of 2002 * Data required by Statement of Financial Accounting Standards No. 128, Earnings per Share, is provided in note 4 to the consolidated financial statements in this report. (b) Reports on Form 8-K. Pursuant to Regulation FD under item 9, the Company filed a Form 8-K on July 22, 2003. Pursuant to Regulation FD under item 5, the Company filed a Form 8-K on September 5, 2003. 26 Signatures Pursuant to the requirements 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. November 13, 2003 FINANCIAL INSTITUTIONS, INC. Date Signatures November 13, 2003 /s/ Peter G. Humphrey ----------------------------- Peter G. Humphrey President, Chief Executive Officer (Principal Executive Officer), Chairman of the Board and Director November 13, 2003 /s/ Ronald A. Miller ------------------------------- Ronald A. Miller Senior Vice President and Chief Financial Officer (Principal Accounting Officer) 27