TCF Bank 2015 Annual Report Download - page 65

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Legislative and Regulatory Requirements. New consumer protection and supervisory requirements and regulations,
including those resulting from action by the Consumer Financial Protection Bureau and changes in the scope of Federal
preemption of state laws that could be applied to national banks and their subsidiaries; the imposition of requirements
that adversely impact TCF's deposit, lending, loan collection and other business activities such as mortgage foreclosure
moratorium laws, further regulation of financial institution campus banking programs, use by municipalities of eminent
domain on property securing troubled residential mortgage loans, or imposition of underwriting or other limitations that
impact the ability to offer certain variable-rate products; changes affecting customer account charges and fee income,
including changes to interchange rates; regulatory actions or changes in customer opt-in preferences with respect to
overdrafts, which may have an adverse impact on TCF's fee revenue; changes to bankruptcy laws which would result
in the loss of all or part of TCF's security interest due to collateral value declines; deficiencies in TCF's compliance
under the Bank Secrecy Act in past or future periods, which may result in regulatory enforcement action including
monetary penalties; increased health care costs resulting from Federal health care reform; regulatory criticism and
resulting enforcement actions or other adverse consequences such as increased capital requirements, higher deposit
insurance assessments or monetary damages or penalties; heightened regulatory practices, requirements or
expectations, including, but not limited to, requirements related to enterprise risk management, the Bank Secrecy Act
and anti-money laundering compliance activity.
Earnings/Capital Risks and Constraints, Liquidity Risks. Limitations on TCF's ability to pay dividends or to increase
dividends because of financial performance deterioration, regulatory restrictions or limitations; increased deposit
insurance premiums, special assessments or other costs related to adverse conditions in the banking industry; the
impact on banks of regulatory reform, including additional capital, leverage, liquidity and risk management requirements
or changes in the composition of qualifying regulatory capital; adverse changes in securities markets directly or indirectly
affecting TCF's ability to sell assets or to fund its operations; diminished unsecured borrowing capacity resulting from
TCF credit rating downgrades or unfavorable conditions in the credit markets that restrict or limit various funding
sources; costs associated with new regulatory requirements or interpretive guidance relating to liquidity; uncertainties
relating to future retail deposit account changes, including limitations on TCF's ability to predict customer behavior and
the impact on TCF's fee revenues.
Branching Risk; Growth Risks. Adverse developments affecting TCF's supermarket banking relationships or any
of the supermarket chains in which TCF maintains supermarket branches; costs related to closing underperforming
branches; inability to timely close underperforming branches due to long-term lease obligations; slower than anticipated
growth in existing or acquired businesses; inability to successfully execute on TCF's growth strategy through
acquisitions or cross-selling opportunities; failure to expand or diversify TCF's balance sheet through new or expanded
programs or opportunities; failure to successfully attract and retain new customers, including the failure to attract and
retain manufacturers and dealers to expand the inventory finance business; failure to effectuate, and risks of claims
related to, sales and securitizations of loans; risks related to new product additions and addition of distribution channels
(or entry into new markets) for existing products.
Technological and Operational Matters. Technological or operational difficulties, loss or theft of information, cyber-
attacks and other security breaches, counterparty failures and the possibility that deposit account losses (fraudulent
checks, etc.) may increase; failure to keep pace with technological change, including the failure to develop and maintain
technology necessary to satisfy customer demands; ability to attract and retain employees given competitive conditions
and the impact of consolidating facilities.
Litigation Risks. Results of litigation or government enforcement actions, including class action litigation or
enforcement actions concerning TCF's lending or deposit activities, including account opening/origination, servicing
practices, fees or charges, employment practices, or checking account overdraft program "opt in" requirements; and
possible increases in indemnification obligations for certain litigation against Visa U.S.A.
Accounting, Audit, Tax and Insurance Matters. Changes in accounting standards or interpretations of existing
standards; federal or state monetary, fiscal or tax policies, including adoption of state legislation that would increase
state taxes; ineffective internal controls; adverse federal, state or foreign tax assessments or findings in tax audits;
lack of or inadequate insurance coverage for claims against TCF; potential for claims and legal action related to TCF's
fiduciary responsibilities.