United Western Bancorp, Inc. (the "Company”), a Denver-based holding
company whose principal subsidiary was formerly United Western Bank®
(the "Bank”), today announced that on or about January 31, 2011, a
Thrift Financial Report (the "TFR”) prepared on behalf of the Bank as of
December 31, 2010 was filed with the Office of Thrift Supervision (the
"OTS”). The TFR was not prepared by any representative of the Company
and the Company disavows any information contained in the TFR. Neither
the Company nor any of its affiliates was consulted with regard to the
preparation of the TFR and neither the Company nor any of its affiliates
is responsible for the TFR.
The Company previously announced on January 21, 2011, that the Federal
Deposit Insurance Corporation (the "FDIC”) was appointed as receiver for
the Bank by the OTS pursuant to the Federal Deposit Insurance Act. The
FDIC immediately sold certain assets and liabilities of the Bank to
First-Citizens Bank & Trust Company of Raleigh, North Carolina, who
commenced operations of the Bank in the name of First-Citizens Bank on
January 24, 2011.
On February 18, 2011, the Company and certain officers and directors of
the Company and directors of the Bank filed a complaint against the OTS
and the FDIC seeking to overturn the seizure of the Bank by the FDIC.
That action is currently pending in the federal district court in
Washington, D.C.
Forward-Looking Statements
Certain statements contained in this press release may be deemed to be
forward-looking under federal securities laws, and the Company intends
that such forward-looking statements be subject to the safe harbor
created thereby. Such forward-looking statements include, but are not
limited to, statements regarding the Company’s Complaint against the
OTS, the Acting Director and the FDIC. The Company cautions that these
statements are qualified by important factors that could cause actual
results to differ materially from those reflected by the forward-looking
statements contained herein. Such factors include risks detailed in the
Company’s Annual Report on Form 10-K for the fiscal year ended December
31, 2009, Quarterly Report on Form 10-Q for the fiscal quarter ended
June 30, 2010, and subsequent filings with the Securities and Exchange
Commission. The Company has not filed its Quarterly Report on Form 10-Q
for the fiscal quarter ended September 30, 2010 and has no present plans
to correct that omission.
