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The Sanity of Bank Directors

September 1, 2017

Authors

Robert Klingler

The Sanity of Bank Directors

September 1, 2017

by: Robert Klingler

http://media.blubrry.com/thebankaccount/p/content.blubrry.com/thebankaccount/The_Bank_Account_-_Episode_32.mp3

the-bank-accountOn the latest episode of The Bank Account, Jonathan and I address two items of significant interest in our office: (a) a recent Wall Street Journal opinion piece on the sanity of bank directors, and (b) the start the of college football season (not necessarily in that order).

When starting the podcast, we expected the podcast would offer listeners an opportunity to hear the conversations we have around the office on a wide variety of topics.

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Counterpoint: Why Sane People Serve as Bank Directors

August 31, 2017

Authors

Jonathan Hightower

Counterpoint: Why Sane People Serve as Bank Directors

August 31, 2017

by: Jonathan Hightower

Bank directors have played a crucial role in the turnaround of the banking industry, an accomplishment that deserves recognition in light of the fact that it has been done under tremendous regulatory burden and tepid economic growth.  Given that, why do we continue to question why the country’s most respected business people would be willing to serve as bank directors?  Respected attorney and industry commentator Thomas Vartanian recently asked in an opinion piece in The Wall Street Journal, “Why would anyone sane be a bank director?”  Well, sane people are serving as bank directors every day, and in doing so they are benefiting the economy without exposing themselves to undue risk.

(A print version of this post if you’d like to print or share with others is available here.)

The

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HVCRE Lending: An Area of Regulatory Examination Focus

August 24, 2017

Authors

Bank Bryan Cave

HVCRE Lending: An Area of Regulatory Examination Focus

August 24, 2017

by: Bank Bryan Cave

http://media.blubrry.com/thebankaccount/p/content.blubrry.com/thebankaccount/The_Bank_Account_-_Episode_31.mp3

the-bank-account

Jonathan and I are joined by our colleague, Jerry Blanchard, to discuss High Volatility Commercial Real Estate (HVCRE) Loans on the latest episode of The Bank Account.

HVCRE Loans are one of the areas of focus on regulatory exams, and we’re seeing increased attention to not only ensuring that a bank’s reported HVCRE loans are correct, but also that the bank has sufficient internal controls in place to monitor and track HVCRE lending.

Formal regulatory guidance on HVCRE lending is still rare, as the various regulatory agencies struggle to find consensus in an area that is

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Regulators Tackle Board Effectiveness and Overdrafts

August 7, 2017

Authors

Robert Klingler

Regulators Tackle Board Effectiveness and Overdrafts

August 7, 2017

by: Robert Klingler

http://media.blubrry.com/thebankaccount/p/content.blubrry.com/thebankaccount/The_Bank_Account_-_Episode_30.mp3

the-bank-account

On the latest episode of The Bank Account, Jonathan and Ken Achenbach discussed the Federal Reserve’s proposed supervisory expectations for boards of directors.

Before digging into the Federal Reserve’s proposed guidance, Jonathan and Ken first discussed the CFPB’s statistical analysis of frequent overdrafters.  As noted in the CFPB’s analysis, “very frequent overdrafters account for about five percent of all accounts at the study banks but paid over 63 percent of all overdraft and NSF fees.”  They also touched on the CFPB’s prototype model forms for overdrafts.   As might be expected from the CFPB, the sample

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Dealing with an Unsolicited Offer

July 21, 2017

Authors

Robert Klingler

Dealing with an Unsolicited Offer

July 21, 2017

by: Robert Klingler

On the latest episode of The Bank Account, in preparation #SharkWeek, Jonathan and I discuss unsolicited offers and some of the approaches for bank boards to deal with them.  Topics covered include:

  • Senator Warren’s declaration that OCC Acting Comptroller Keith Noreika is a “swamp thing;”
  • unsolicited versus hostile approaches;
  • approaches to sell a bank, including full auctions, limited auctions, and negotiated transactions;
  • the need to have a current strategic plan and an understanding of the financial impact of such plan;
  • the-bank-accountthe value of having a Policy for Corporate Change to ensure discussions about offers to acquire
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Midyear 2017 Banking Review

July 7, 2017

Authors

Robert Klingler

Midyear 2017 Banking Review

July 7, 2017

by: Robert Klingler

http://media.blubrry.com/thebankaccount/p/content.blubrry.com/thebankaccount/The_Bank_Account_-_Episode_28.mp3

the-bank-accountOn the latest episode of The Bank Account, Jonathan and I discuss some of the key trends from the first six months of 2017 with regard to the banking industry.  Topics covered include:

  • stock market performance (banks down for the six months, but still way up over the last 12 months);
  • merger and acquisition activity (same number but larger than last year, plus a more in depth look at North Carolina);
  • de novo activity (or lack thereof);
  • regulatory relief (and definitely lack thereof); and
  • capital raise activity (going strong).

We also congratulate each other

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Public Banks and Proxy Advisors

July 3, 2017

Authors

Robert Klingler

Public Banks and Proxy Advisors

July 3, 2017

by: Robert Klingler

http://media.blubrry.com/thebankaccount/p/content.blubrry.com/thebankaccount/The_Bank_Account_-_Episode_27.mp3

the-bank-accountOn the latest episode of The Bank Account, Jonathan and I were joined by our colleague, Kevin Strachan, to discuss the role and importance of the various proxy advisory services.  Corporate governance continues to be a hot topic in the industry, and the proxy advisory services have a significant sway in determining what provisions are deemed “acceptable” by many institutional investors.

Within the podcast, we look at the two primary proxy advisory services, Institutional Shareholder Services (ISS, not to be confused with ISIS, although we have them pronounced identically by some frustrated boards) and Read More

Planning for Strategic Planning Session

June 27, 2017

Authors

Robert Klingler

Planning for Strategic Planning Session

June 27, 2017

by: Robert Klingler

http://media.blubrry.com/thebankaccount/p/content.blubrry.com/thebankaccount/The_Bank_Account_-_Episode_26.mp3

the-bank-accountWhile I continued on a family vacation (which was totally worthwhile), Jonathan and Jim McAlpin recorded an episode of The Bank Account looking at planning a strategic planning session for your bank.  Jonathan and Jim cover a wide array of topics based on their collective experience in assisting dozens of banks with their strategic planning.

Among the multitude of topics covered include:

  • thinking about shareholder interests in strategic planning;
  • what the “new normal” means for community banks;
  • how frequently strategic planning sessions should occur;
  • the importance of efficiency ratio analysis;
  • the length of a
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Convenience vs. Compliance: Behavior-Driven Marketing of Credit Products

June 9, 2017

Authors

Robert Klingler

Convenience vs. Compliance: Behavior-Driven Marketing of Credit Products

June 9, 2017

by: Robert Klingler

http://media.blubrry.com/thebankaccount/p/content.blubrry.com/thebankaccount/The_Bank_Account_-_Episode_24.mp3

the-bank-account Bryan Cave colleague Ken Achenbach joined Jonathan and me on the latest episode of The Bank Account for a discussion of the potential compliance issues associated with a behavior-driven marketing focus within financial services.  To borrow the immortal words of Salt-N-Pepa, should banks “Push it?  Push it real good?”

While new app technologies are allowing banks to market in new ways, we analyze many of the ways in which behavior-driven marketing already permeates our culture, and why financial services-based behavior-driven marketing may be treated differently.  Some of the articles referenced on the podcast include:

Preserving Deferred Tax Assets in a Capital Raise

June 7, 2017

Authors

Robert Klingler

Preserving Deferred Tax Assets in a Capital Raise

June 7, 2017

by: Robert Klingler

http://media.blubrry.com/thebankaccount/p/content.blubrry.com/thebankaccount/The_Bank_Account_-_Episode_23.mp3

the-bank-accountOn the latest episode of The Bank Account, Jonathan and I discuss the ability of bank holding companies to raise capital while preserving valuable deferred tax assets.

Section 382 of the Internal Revenue Code triggers a limitation on the carry-forward of net operating losses and built-in losses in the event of an “ownership change” in the company.  However, Section 382’s definition of what constitutes an ownership change is very different than many interpretations of a change in control.  Various segregation and aggregation rules can result in an ownership change being triggered when one might not

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