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Starting a New Bank

December 5, 2016

Authors

Jonathan Hightower

Starting a New Bank

December 5, 2016

by: Jonathan Hightower

piggybankOn November 29, 2016, the FDIC, as part of its Community Banking Initiative, held an outreach meeting in Atlanta.  While the FDIC has indicated that it will publish a handbook regarding applications for deposit insurance in the coming weeks (which we’ll also summarize), we thought it made sense to provide a few highlights from that meeting:

Mechanics.  The mechanics of the chartering process are the same as before.

Business Plans.  As expected, there will be greater scrutiny on business plans, making sure that banks stick to their business plans post-opening, and (not expressly stated but as translated by me) ensuring that the results of the bank’s business plan do not deviate greatly from the original projections (i.e., providing for limited ability to take advantage of natural growth in the new bank’s markets or lines

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The Financial CHOICE Act

December 2, 2016

Authors

Robert Klingler

The Financial CHOICE Act

December 2, 2016

by: Robert Klingler

the-bank-accountJonathan and I convened after lunch (a delicious assortment of tacos) to record Episode 4 of The Bank Account.  We focused on The Financial CHOICE Act as a potential roadmap for the potential bank regulatory reforms under the Trump administration.

The Financial CHOICE Act represents the the Republican’s 2016 proposal to reform the financial regulatory system.  While Republican’s regulatory reforms may vary next year based on the change in administration (and the process of going from a proposal to enacted legislation is likely to create further changes), the Financial CHOICE Act represents a good starting place in looking at potential upcoming reforms.  In this episode, Jonathan and I discuss the following aspects of the Financial CHOICE Act:

Data Dilemma

November 28, 2016

Authors

Robert Klingler

Data Dilemma

November 28, 2016

by: Robert Klingler

the-bank-accountIf you missed it as you returned for seconds (or thirds) during Thanksgiving week, Episode 4 of The Bank Account, Data Dilemma, is now online.

In this episode, Jonathan and Ken Achenbach discuss the Consumer Financial Protection Bureau, with a focus on the CFPB’s recent announcement that it would be investigating data sharing of financial records and the CFPB’s decision to appeal the ruling that the CFPB director may be removed without cause by the President.

As mentioned by Jonathan, I’m absent from last week’s podcast I was cruising the Caribbean on the Disney Dream.  Unlike Jonathan, I’m certain that I would rather be cruising than recording a podcast… and my kids are even more certain!  I’m sure if we

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Trump Rally and De Novo Bank Questions

November 18, 2016

Authors

Robert Klingler

Trump Rally and De Novo Bank Questions

November 18, 2016

by: Robert Klingler

the-bank-accountWe took a week off to allow the election results settle in a little bit, but Episode 3 of The Bank Account is now online.

In this episode, Jonathan and I discuss the effects the Trump rally has had on announced M&A transactions, a recent 363 bankruptcy auction whereby Home Bancshares emerged the winner of Bank of Commerce, and questions that anyone considering starting a de novo bank should be prepared to answer.

Two recent blog posts are also mentioned in Episode 3:

Please click on the link to subscribe to the

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12 Questions You Need to Answer Before Starting a New Bank

November 4, 2016

Authors

Robert Klingler

12 Questions You Need to Answer Before Starting a New Bank

November 4, 2016

by: Robert Klingler

With paths recently being cleared from a regulatory perspective and the consolidation in the market, we’re hoping to see a pickup in de novo applications (and one that is far greater than the five applications the FDIC has indicated it has received for all of 2015). Because of the recent history of difficulty starting new banks and the extremely limited number of applications this year, we imagine many of the qualified candidates are hesitant to take the first steps. We’d like to make the process easier for you.

In his article, “Thinking of Starting a New Bank? Answer These Questions First,” which was published in The Banking Law Journal today, my partner, Jonathan Hightower (@hightowerbanks), covers twelve questions that organizing groups and individuals should answer as they begin a venture toward a de novo bank.

Please call any member of our Financial Institutions team if you’d like to start

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Reimagining Your Board’s Function

November 3, 2016

Authors

Robert Klingler

Reimagining Your Board’s Function

November 3, 2016

by: Robert Klingler

the-bank-accountThey said we’d never get this far, but Episode 2 of The Bank Account is now online.

In this episode, Jonathan and I are joined by colleague Ken Achenbach to discuss the recent jury verdict in the FDIC vs. Loudermilk case and what impact it should have on community bank boards and committees.  We also discuss how board performance can be improved by focusing on strategic rather than individual management decisions.

Please click on the link to subscribe to the feed on iTunes, Android, Email or MyCast. It is also now available in the iTunes and Google Play searchable podcast directories.

You can also follow-us on Twitter for updates between podcast episodes @RobertKlingler and @hightowerbanks.

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Introducing The Bank Account

October 31, 2016

Authors

Robert Klingler

Introducing The Bank Account

October 31, 2016

by: Robert Klingler

the-bank-accountPrefer getting your banking law news via podcasts?  Need something to make your commute more informative?  Looking for a way to spend more time (at no cost!) with Jonathan Hightower or me?  Wondering what horror will be introduced to the world on Halloween 2016?

The inaugural episode of The Bank Account is online!

Please click on the link to subscribe to the feed on iTunes, Android, Email or MyCast. It is also in the review process for being added to the iTunes and Google Play searchable podcast directories. We’re also working on a home for it on BryanCave.com. Stay tuned (pun intended) for updates.

In episode 1, Jonathan and I summarize the bank M&A market for 2016, along with prognostications

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Hightower Explores Intersection of Fintech and Bank Mergers

May 10, 2016

Authors

Bryan Cave

Hightower Explores Intersection of Fintech and Bank Mergers

May 10, 2016

by: Bryan Cave

Atlanta Partner Jonathan Hightower authored a BankThink piece in the American Banker on May 9, 2016 titled “Don’t Ignore This FDIC ‘Request for Comment.’”  The discusses FDIC Financial Institution Letter FIL-32-2016,  which asks for comment on the agency’s plan to explore the economic inclusion potential of mobile financial services.

Jonathan notes “banks’ focus on mobile products not only provides innovative benefits to underserved consumers who may lack branch access, but in light of regulators’ interest in the potential for mobile technology to expand economic inclusion, this focus may also help institutions overcome regulatory and community-based challenges to mergers.”

Click here to read the whole article.

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The New Deposit Insurance Proposal

June 18, 2015

Authors

Jonathan Hightower

The New Deposit Insurance Proposal

June 18, 2015

by: Jonathan Hightower

A Quick Overview and a Note on Construction Lending

On June 16, 2015, the FDIC issued a notice of proposed rulemaking to revise its calculations for deposit insurance assessments for banks with under $10 billion in assets (excluding de novo banks and foreign branches).  The rules would go into effect the quarter after they are finalized but by their terms would not be applicable until after the designated reserve ratio of the Deposit Insurance Fund reaches 1.15%.

At almost 150 pages, there are many facets to the proposed rule that must be carefully analyzed.  At the outset, we give credit to the FDIC for attempting to fine tune deposit insurance assessments beyond the blunt instrument that they have always been.  We have long held the position that the FDIC should adopt more careful underwriting procedures, similar to private insurers, in order to better

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Bryan Cave Elects Hightower to Partnership

January 5, 2015

Authors

Robert Klingler

Bryan Cave Elects Hightower to Partnership

January 5, 2015

by: Robert Klingler

Effective January 1, 2015, Bryan Cave LLP elected 14 new lawyers to partnership in the firm. Bryan Cave’s strength and depth in advising community banks is further enhanced by the election of Jonathan Hightower to the partnership.

UFDJonathan Hightower is in our Atlanta office and focuses his practice in financial institutions law, including corporate, regulatory and securities work. Jonathan regularly advises community banks and their boards of directors on their strategic plans, including sale transactions, strategic mergers and capital raises, as well as on complex regulatory issues. Recently, Jonathan’s active transactional practice significantly contributed to Bryan Cave’s position in SNL league tables for Financial Institutions M&A for 2014. He primarily represents small to mid-sized community banks, including S Corporation community banks and bank holding companies.

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