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OCC’s New FinTech Charter

December 19, 2016

Authors

Robert Klingler

OCC’s New FinTech Charter

December 19, 2016

by: Robert Klingler

the-bank-accountJonathan and I were joined by Ken Achenbach for Episode 6 of The Bank Account in which we discuss the OCC’s newly announced special purpose charter for FinTech companies.

Among the topics covered in this discussion are how we view the OCC’s announcement, how existing banks may want to look at the announcement, and the largest challenge that we think may emerge for FinTech companies entering the banking space.

Unfortunately, the highlight of this episode… me completely cracking up during Jonathan’s introduction… will have to wait until a later blooper reel.  It was early enough in the recording that we decided to start over.

Please click to subscribe to the feed on iTunes, Android, Email or MyCast. It is also now available

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To Deposit or Not to Deposit: a Question for Fintech Charters

December 7, 2016

Authors

Robert Klingler and Seyi Iwarere

To Deposit or Not to Deposit: a Question for Fintech Charters

December 7, 2016

by: Robert Klingler and Seyi Iwarere

The fintech industry has justifiably greeted the OCC’s announcement of a national fintech charter with optimism. But one area where we have seen significant confusion is the possibility of the fintech charter being granted without deposit insurance, and the implications thereof.

Background.  On December 2, 2016, OCC Comptroller Thomas Curry announced that the OCC is planning to take applications from fintech companies wishing to obtain a special purpose national bank charter.  These banks would be national banks with the same privileges and obligations as traditional full-service national banks, but with specialized business plans and that may or may not choose to have deposit taking authority.

In his remarks, Comptroller Curry expressed his excitement about the great potential to expand financial inclusion and reach unbanked and underserved populations.  At the same time,

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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:

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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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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Economies of Scale Encourage Continued Consolidation

July 20, 2016

Authors

Robert Klingler

Economies of Scale Encourage Continued Consolidation

July 20, 2016

by: Robert Klingler

The Federal Reserve Bank of St. Louis just published a short summary of research by economists with the Federal Reserve Bank of Kansas City concluding that compliance costs weigh “quite a bit” more heavily on smaller banks than their larger counterparts in the community banking segment.  Looking specifically at banks under $10 billion in total assets (where additional Dodd-Frank-related burdens are triggered), the study found that the ratio of compliance costs as a percentage of total noninterest expenses were inversely correlated with the size of the bank.  While banks with total assets between $1 and $10 billion in total assets reported total compliance costs averaging 2.9% of their total noninterest expenses, banks between $100 million and $250 million reported total compliance costs averaging 5.9% and banks below $100 million reported average compliance costs of 8.7% of non-interest expenses.

While nominal compliance costs continued to increase as banks increased in

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Media Mentions – August 1, 2014

August 4, 2014

Authors

Bryan Cave

Media Mentions – August 1, 2014

August 4, 2014

by: Bryan Cave

With attorneys and staff worldwide, Bryan Cave attorneys are often quoted in the news.  Recent mentions of Financial Institutions group attorneys include:

Jerry Blanchard in the Atlanta Journal-Constitution

Atlanta Partner Jerry Blanchard was quoted July 18 by The Atlanta Journal-Constitution on reasons behind the shrinking number of banks in Georgia. The state, which led the nation in bank failures stemming from the real estate bust, has seen an increase in the number of banks being bought up at a rate of about one a month as healthy banks grow through the acquisition of other healthy banks. Blanchard said the question on many bankers’ minds is, “Can you survive the recovery? It’s hard to make money.” Click here to read the full article.

Rob Klingler in American Banker

Atlanta Partner Robert Klingler was quoted July 1 by American Banker concerning the trend among trust-preferred creditors of telling deadbeat banks that they must

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Media Mentions – February 28, 2014

February 28, 2014

Authors

Bryan Cave

Media Mentions – February 28, 2014

February 28, 2014

by: Bryan Cave

With attorneys and staff worldwide, Bryan Cave attorneys are often quoted in the news.  Recent mentions of Financial Institutions group attorneys include:

BankBryanCave.com in Banking and Finance Law Daily

Three recent blog posts from BankBryanCave.com were prominently featured Feb. 13 in Banking and Finance Law Daily. The publication’s “Blog Tracker” column, which highlights the week’s “most insightful, intriguing or entertaining blog posts from the banking and financial services community,” included our recent posts “Will 2014 be the year of UDAP and UDAAP?” by DC Partner John ReVeal and Associate Seyi Iwarere; “Should your bank do business with Bitcoin?” by DC Associate Courtney Stolz; and “Five practical tips to manage your vendor risk…,” by Atlanta Associate Karen Neely Louis  Click the post titles to read more.

Klingler in American Banker

Atlanta Partner Rob Klingler was quoted Jan. 28 by American Banker concerning Broadway Financial, which has struggled in recent years but managed

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Media Mentions – January 31, 2014

January 31, 2014

Authors

Bryan Cave

Media Mentions – January 31, 2014

January 31, 2014

by: Bryan Cave

With attorneys and staff worldwide, Bryan Cave attorneys are often quoted in the news.  Recent mentions of Financial Institutions group attorneys include:

Rob Klingler in Bank Safety and Soundness Advisor

Atlanta Partner Robert Klingler was quoted Jan. 27 by Bank Safety and Soundness Advisor concerning an eagerly awaited amendment to the Volcker Rule, which will exempt most bank-issued Trust Preferred Securities (or TruPS). The interim final rule, however, does not exempt insurer or REIT-backed TruPS. Klingler said the exemption does not include insurer and REIT TruPS because the Collins Amendment didn’t either, and regulators modeled the Volcker exemption after the Collins Amendment. “They were looking to the Dodd-Frank Act itself for the statutory authority,” he said. “They used the Collins Amendment to form the basis for why they’re able to exempt [these TruPS]. They don’t have a statutory basis for excluding insurer-backed TruPS. They probably wanted to make sure the final rule wasn’t

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