exv10w1






EXHIBIT 10.1




FEDERAL DEPOSIT INSURANCE CORPORATION




WASHINGTON, D.C.




CALIFORNIA DEPARTMENT OF FINANCIAL INSTITUTIONS




SAN FRANCISCO, CALIFORNIA




	 	 	 	 	 	 	 
	 
	 	 	 	 	 	 
	 

	 	 	)	 	 	 
	In the Matter of
	 	 	)	 	 	STIPULATION AND CONSENT
	 

	 	 	)	 	 	TO THE ISSUANCE
	UNITED COMMERCIAL BANK

	 	 	)	 	 	OF AN ORDER
	SAN FRANCISCO, CALIFORNIA

	 	 	)	 	 	TO CEASE AND DESIST
	 

	 	 	)	 	 	 
	(INSURED STATE NONMEMBER BANK)

	 	 	)	 	 	FDIC-09-490b
	 

	 	 	)	 	 	 
	 
	 	 	 	 	 	 







          Subject to the acceptance of this STIPULATION AND CONSENT TO THE ISSUANCE OF AN ORDER TO CEASE
AND DESIST (“CONSENT AGREEMENT”) by the Federal Deposit Insurance Corporation (“FDIC”) and the
California Department of Financial Institutions (“CDFI”), it is hereby stipulated and agreed by and
between a representative of the Legal Division of FDIC, a representative of the CDFI, and United
Commercial Bank, San Francisco, California (“Bank”), as follows:




          1.     The Bank has been advised of its right to receive a NOTICE OF CHARGES AND OF HEARING
(“NOTICE”) detailing the unsafe or unsound banking practices and violations of law alleged to have
been committed by the Bank and of its right to a public hearing on the alleged charges under
section 8(b)(1) of the Federal Deposit Insurance Act (“Act”), 12 U.S.C. § 1818(b)(1), and Section
1912 of the California Financial Code (“CFC”), and has waived those rights.




          2.     The Bank, solely for the purpose of this proceeding and without admitting or denying any of the
alleged charges of unsafe or unsound banking practices and any violations of law, hereby consents
and agrees to the issuance of an ORDER TO CEASE AND DESIST




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(“ORDER”) by the FDIC and the CDFI. The Bank further stipulates and agrees that such ORDER will be
deemed to be an order which has become final under the Act and the CFC, and that said ORDER shall
become effective upon its issuance by the FDIC and the CDFI, and fully enforceable by the FDIC and
the CDFI pursuant to the provisions of the Act and the CFC.




          3.     In the event the FDIC and the CDFI accepts the CONSENT AGREEMENT and issues the ORDER, it
is agreed that no action to enforce said ORDER in the United States District Court will be taken by
the FDIC, and no action to enforce said ORDER in State Superior Court will be taken by the CDFI,
unless the Bank or any institution-affiliated party, as such term is defined in section 3(u) of the
Act, 12 U.S.C. § 1813(u), has violated or is about to violate any provision of the ORDER.




          4.     The Bank hereby waives:




                   (a)     The receipt of a NOTICE;



                   (b)     All defenses in this proceeding;



                   (c)     A public hearing for the purpose of taking evidence on such alleged charges;



                   (d)     The filing of Proposed Findings of Fact and Conclusions of Law;



                   (e)     A recommended decision of an Administrative Law Judge; and



                   (f)     Exceptions and briefs with respect to such recommended decision.



Dated: Sept. 3, 2009




	 	 	 
	FEDERAL DEPOSIT INSURANCE
 CORPORATION, LEGAL DIVISION

	 	UNITED COMMERCIAL BANK
SAN FRANCISCO, CALIFORNIA
	BY:

	 	BY:
	 
	 	 
	/s/ Sandra A. Quigley

	 	/s/ Joseph J. Jou
	 

	 	 
	Sandra A. Quigley

	 	Joseph J. Jou
	Counsel
	 	 







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	CALIFORNIA DEPARTMENT OF
	 	 
	FINANCIAL INSTITUTIONS
	 	 
	BY:
	 	 






	 	 	 	 	 	 
	 	 	 
	/s/ James M. Patten	 	/s/ Li-Lin Ko	 
	James M. Patten	 	Li-Lin Ko	 
	Senior Counsel	 	 	 
	 	 	 	 
	 	 	 	 
	 	 	James Kwok 	 
	 
	 	 	 	 
	 	 	David S. Ng 	 
	 	 	 	 
	 
	 	 	                              /s/ Daniel R. Riley
 	 
	 	 	Daniel R. Riley 	 
	 	 	 	 
	 	 	 	 
	 	 	Qingyuan Wan 	 
	 
	 	 	 	 
	 	 	                              /s/ Richard Li-Chung Wang
 	 
	 	 	Richard Li-Chung Wang 	 
	 
	 	 	 	 
	 	 	                              /s/ Godwin Wong
 	 
	 	 	Godwin Wong 	 
	 
	 	 	 	 
	 	 	                              /s/ Dennis Wu
 	 
	 	 	Dennis Wu 	 
	 
	 	 	 	 
	 	 	                               /s/ Thomas Wu
 	 
	 	 	Thomas Wu 	 
	 
	 	 	Comprising the Board of Directors of United

Commercial Bank, San Francisco, California

 	 
	 	 	 	 
	 	 	 	 
	 	 	 	 
	 




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