LETTER
1
filename1.txt
May 25, 2005
Mail Stop 0408
Charles F. Howell
President
Patriot National Bancorp, Inc.
900 Bedford Street
Stamford, Connecticut 06901
Re: Patriot National Bancorp, Inc.
Form SB-2 filed April 25, 2005
File No. 333-124312
Dear Mr. Howell:
We have reviewed your filing and have the following
comments.
Where indicated, we think you should revise your document in
response
to these comments. If you disagree, we will consider your
explanation as to why our comment is inapplicable or a revision is
unnecessary. Please be as detailed as necessary in your
explanation.
In some of our comments, we may ask you to provide us with
supplemental information so we may better understand your
disclosure.
After reviewing this information, we may or may not raise
additional
comments.
The purpose of our review process is to assist you in your
compliance with the applicable disclosure requirements and to
enhance
the overall disclosure in your filing. We look forward to working
with you in these respects. We welcome any questions you may have
about our comments or on any other aspect of our review. Feel
free
to call us at the telephone numbers listed at the end of this
letter.
General
1. Please update the filing to a date as most recently as
practicable. Please include information for the interim period
ended
March 31, 2005. Refer to Item 310(b) of Regulation S-B.
Cover Page
2. We note that you omit pricing information and information
regarding arrangements for the standby purchase. Please be aware
that we may have additional comments or require additional time to
complete our review once you complete this information.
Prospectus Summary- page 1
3. We note the second paragraph of this section. Please revise
the
prospectus to make clear from context all references so that this
sentence will be unnecessary. Please see Rule 421.
Our Company- page 1
4. The disclosure beginning with this caption through page 4 is
too
promotional. Please balance the presentation. For example, but
not
limited to, the fifth bullet of the Financial Highlights points to
Net Income growth. We note that Net Income decreased 30% from
$1.34
Million in 2003 to $926,000 in 2004. This material decrease in
Net
Income is not mentioned in your highlights. Please revise to
balance
the entire section, pages 1 through page 4. Also please delete
the
five year compound growth information at the bottom of page 1.
You
may give that same information broken out by each year, which we
believe gives shareholders a more accurate picture of the
discussed
change.
Certain Federal Income Tax Consequences- page 28
5. Please delete the word "certain" from the heading and
narrative.
Please revise to disclose all material federal income tax
consequences of the subscription offering to current shareholders.
In addition, please identify tax counsel and file their opinion
and
consent or advise us why no opinion will be filed.
Use of Proceeds - page 30
6. Please provide greater specificity as to how the proceeds will
be
used. For example disclose how many branches you anticipate
opening
in 2005 and 2006 and the estimated costs to open these branches or
the historical estimated average cost to open a new branch.
Management`s Discussion and Analysis
Loans - page 38
7. Reference is made to the first sentence in the second paragraph
under "Commercial Real Estate Loans" on page 38. Please also
disclose whether or not you originate fixed rate commercial real
estate loans and if you do, what is the longest term fixed rate
commercial real estate loan that you will hold in your portfolio.
8. We note your disclosure on page 39 that at December 31, 2004
you
had two commercial real estate loans that were non-accrual loans
that
were current as to principal and interest. Please revise to
describe
the nature of the two non-performing loans and describe the timing
and circumstances that led to your determination that these should
be
placed on non-accrual status. Revise to describe any changes in
status or performance subsequent to December 31, 2004 and quantify
the amount of any specific allowance attributable to these loans.
Critical Accounting Policies - Allowance for Loan Losses - page 42
9. We note your disclosure on page 13 that a substantial portion
of
your loans are unseasoned and lack an established record of
performance. Please revise your critical accounting policy
discussion to describe the nature of and quantify the amount of
unseasoned loans. Describe how management considers and
compensates
for the lack of historical performance related to unseasoned loans
when determining the amount of the allowance for loan losses.
Refer
to Section V of Interpretive Release No. 33-8350.
Liquidity - page 50
10. We note your disclosure on page F-24 that you intend to open
two
new branch offices in 2005. Please revise to quantify your
estimate
of the impact on liquidity related to your proposed 2005 branch
openings. Refer to Item 303(b) of Regulation S-B.
Consolidated Financial Statements
Note 3 - Available for Sale Securities - page F-16
11. We note your disclosure that management believes that none of
the
unrealized losses on available for sale securities are other than
temporary. Please provide us with your comprehensive analysis
describing how you determined that these investments were not
other
than temporarily impaired. Refer to SAB Topic 5M and provide us
with
your analysis as of December 31, 2004 and March 31, 2005. In your
analysis please include, but not limit to, the following:
* The nature of the investments;
* Severity and duration of impairment;
* The investee credit rating and asset quality; and
* Your intent and ability to retain the investments for a period
of
time sufficient to allow for any anticipated recovery in market
value.
Exhibits
12. We note that certain exhibits (Legal Opinion and Standby
Agreement) will be filed by amendment. We may have comment once
those documents are filed.
Closing Comment
As appropriate, please amend your registration statement in
response to these comments. You may wish to provide us with
marked
copies of the amendment to expedite our review. Please furnish a
cover letter with your amendment that keys your responses to our
comments and provides any requested supplemental information.
Detailed cover letters greatly facilitate our review. Please
understand that we may have additional comments after reviewing
your
amendment and responses to our comments.
We urge all persons who are responsible for the accuracy and
adequacy
of the disclosure in the filings reviewed by the staff to be
certain
that they have provided all information investors require for an
informed decision. Since the company and its management are in
possession of all facts relating to a company`s disclosure, they
are
responsible for the accuracy and adequacy of the disclosures they
have made.
Notwithstanding our comments, in the event the company
requests
acceleration of the effective date of the pending registration
statement, it should furnish a letter, at the time of such
request,
acknowledging that:
* should the Commission or the staff, acting pursuant to delegated
authority, declare the filing effective, it does not foreclose the
Commission from taking any action with respect to the filing;
* the action of the Commission or the staff, acting pursuant to
delegated authority, in declaring the filing effective, does not
relieve the company from its full responsibility for the adequacy
and
accuracy of the disclosure in the filing; and
* the company may not assert this action as defense in any
proceeding
initiated by the Commission or any person under the federal
securities laws of the United States.
In addition, please be advised that the Division of
Enforcement
has access to all information you provide to the staff of the
Division of Corporation Finance in connection with our review of
your
filing or in response to our comments on your filing.
We will consider a written request for acceleration of the
effective date of the registration statement as a confirmation of
the
fact that those requesting acceleration are aware of their
respective
responsibilities under the Securities Act of 1933 and the
Securities
Exchange Act of 1934 as they relate to the proposed public
offering
of the securities specified in the above registration statement.
We
will act on the request and, pursuant to delegated authority,
grant
acceleration of the effective date.
We direct your attention to Rules 460 and 461 regarding
requesting acceleration of a registration statement. Please allow
adequate time after the filing of any amendment for further review
before submitting a request for acceleration. Please provide this
request at least two business days in advance of the requested
effective date.
Accounting questions may be directed to Chris Harley at (202)
551-3695 or to Joyce Sweeney at (202) 551-3449. All other
questions
may be directed to Barry McCarty at (202) 551-3417 or to me at
(202)
551-3418.
Sincerely,
William Friar
Senior Financial Analyst
cc: William W. Bouton III, Esq.
Kerry John Tomasevich, Esq.
Tyler Cooper & Alcorn, LLP
185 Asylum Avenue
City Place 35th. Floor
Hartford, Ct. 06103-3488
??
??
??
??
Mr. Charles F. Howell
Patriot National Bancorp, Inc
May 25, 2005
Page 5