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The CFPB’s Small Business Lending Data Request

May 12, 2017

Authors

Robert Klingler

The CFPB’s Small Business Lending Data Request

May 12, 2017

by: Robert Klingler

the-bank-accountOn the latest episode of The Bank Account, Jonathan and I discuss the CFPB’s request for comments regarding information about the small business lending market.

Section 1071 of the Dodd-Frank Act amended the Equal Credit Opportunity Act to require financial institutions to compile, maintain and report information concerning credit applications made by women-owned, minority-owned and small businesses.  In connection with this obligation, the Consumer Financial Protection Bureau is now seeking comments to identify, among other things, how to define small business lending, what business lending data is currently easily available, and what kinds of institutions should be obligated to make such reports.

Jonathan and I discuss the need for the depository industry to provide comments in response to

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ESOPs: A Path to Bank Independence

May 8, 2017

Authors

Robert Klingler

ESOPs: A Path to Bank Independence

May 8, 2017

by: Robert Klingler

the-bank-accountEmployee Stock Ownership Plans offer an opportunity for banks to offer an attractive employee benefit plan, but can also do so much more.  On the latest episode of The Bank Account, Jonathan and I are joined by Bryan Cave Partner, Steve Schaffer, to discuss the advantages to banks considering implementing an ESOP.

Steve describes many of the advantages of implementing an ESOP, including allowing for smooth transitions of ownership for independent banks.  We also discuss some of the risks and the best means to avoid those risks.

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Order in the Meeting: Dealing with Difficult Shareholder Meetings

April 27, 2017

Authors

Robert Klingler

Order in the Meeting: Dealing with Difficult Shareholder Meetings

April 27, 2017

by: Robert Klingler

the-bank-accountOn our twentieth(!) podcast episode of The Bank Account, Jonathan and I take the opportunity to discuss tips for how to approach challenging shareholders or circumstances at your annual meetings.

Unfortunately, Jonathan had a brain freeze during recording, and forgot to use his favorite Mike Tyson quotation, “Everyone has a plan ’till they get punched in the mouth.”  That said, planning ahead for disruptive shareholders is almost always worthwhile.

Providing a written agenda and set of governing rules to attendees can further help establish and maintain order, but it often comes back to simply ensuring that the disgruntled shareholder is provided an opportunity to be heard.

We’re also thrilled to announce that we’ve updated our recording microphones.  While our

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Do Banks Need a Holding Company?

April 21, 2017

Authors

Robert Klingler

Do Banks Need a Holding Company?

April 21, 2017

by: Robert Klingler

the-bank-accountOn April 11, 2017, Bank of the Ozarks announced that it would be completing an internal corporate reorganization to eliminate its holding company.  As a result, it will continue as a publicly-traded, stand-alone depository bank, without a bank holding company.

In this episode of The Bank Account, Jonathan and I discuss the advantages and disadvantages of the bank holding company structure.  Specific topics include:

  • praise for Bank of the Ozarks innovative approach to further improve its already impressive efficiency,
  • a review of the existing landscape of holding company and non-holding company structures,
  • activities that may require a holding company,
  • size-related thresholds impacting holding company analysis,
  • charter and corporate-governance related elements to the analysis, and
  • the impact
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Thoughts on Payment Systems for Banks

April 14, 2017

Authors

Robert Klingler

Thoughts on Payment Systems for Banks

April 14, 2017

by: Robert Klingler

the-bank-accountJonathan and I sat down with our colleague, Stan Koppel, on Thursday, April 13th to discuss the intersection of payment systems and banks.   Stan joined Bryan Cave LLP following a 28-year stint with VISA, where he was originally the third lawyer employed.  In this episode of The Bank Account, Stan shares his background and touches on what’s working now and what’s ahead in the payments world for financial institutions.

Topics covered include banking the unbanked, tokenization, the blockchain and machine learning!  Preview of a hot take from Stan… “blockchain is more distracting than disruptive.”

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Landscape of the U.S. Banking Industry

April 7, 2017

Authors

Robert Klingler and Jonathan Hightower

Landscape of the U.S. Banking Industry

April 7, 2017

by: Robert Klingler and Jonathan Hightower

From 2006 through 2016, the number of insured depository institutions in the United States has fallen from 8,691 charters to 5,922, a decline of 2,769 charters or a 32% loss.  This headline loss number is worth talking about, but is neither news nor new.  The loss of charters is a frequent source of discussions around bank board rooms, stories from trade press, and chatter at banking conferences.  The number of insured charters has also been in steady decline, with at least 33 years of declining numbers.

However, a deeper dive into the numbers reveals some unexpected trends below the headline 32% loss of charters.

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Establishing a Sustainable Sales Culture

March 31, 2017

Authors

Robert Klingler

Establishing a Sustainable Sales Culture

March 31, 2017

by: Robert Klingler

the-bank-accountWalt Moeling joined us on March 29th for the latest episode of The Bank Account with a lively discussion of bank sales tactics.  In this regulatory environment, banks need to balance growth goals with expectations for scrutiny of their sales tactics.  Regulators, investors, the press and consumers are all paying more attention to bank sales tactics.

While none of us hopes to be asked whether we “want fries with that?” as we conduct business with a bank teller, looking out for potential bank products that could benefit the bank’s customers presents an opportunity for both the bank and the customer to be better off.

You can also follow us on Twitter with Walt (kind of) at @MoelingW, Jonathan at @HightowerBanks, and me

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Georgia on my Mind: Changes in Banking Laws

March 29, 2017

Authors

Robert Klingler

Georgia on my Mind: Changes in Banking Laws

March 29, 2017

by: Robert Klingler

the-bank-accountOn March 28, 2017, Jonathan and I sat down with Bryan Cave Colleagues Ken Achenbach and Crystal Homa in the latest episode of The Bank Account for a discussion focused on legislative changes in Georgia affecting banks, including modifications to Georgia’s business judgement rule and the Department of Banking & Finance’s Housekeeping Bill.

While the bills we discuss await the Governor’s signature (and subsequent effectiveness – July 1 for the business judgement rule change and 30 days after signature for the housekeeping bill), our team looks forward to the practical effect of these statutory changes.  As banking industry participants, we appreciate the efforts of the legislature to make Georgia an attractive state for banking.

As referenced in the

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The Strategic Approach to Vendor Negotiations

March 17, 2017

Authors

Robert Klingler

The Strategic Approach to Vendor Negotiations

March 17, 2017

by: Robert Klingler

the-bank-accountOn March 17, 2017, Jonathan and I sat down with Bryan Cave Partner Sean Christy in the latest episode of The Bank Account for a discussion of the FDIC’s Office of Inspector General’s Report on Technology Service Provider Contracts.  Before diving into the OIG report, Jonathan and I briefly discuss the potential impact on deposits with regard to the Federal Reserve’s latest increase in rates, the OCC’s draft supplement for fintech bank charters (and related BankBryanCave.com blog post), and the change in Federal Reserve policy lessening the examination of certain smaller bank mergers.

Sean is a partner in our Strategic Sourcing group, and has significant experience representing bank and other financial services providers in the negotiation of the their

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Riding the High Stock Price Wave

March 8, 2017

Authors

Robert Klingler

Riding the High Stock Price Wave

March 8, 2017

by: Robert Klingler

the-bank-accountOn March 7, 2017, Jonathan and I recorded lucky episode 13 of The Bank Account where we discussed the implications of stock prices, particularly in connection with bank mergers.  We note that the current levels of stock pricing in the banking sector appears to be driven by expectations for higher interest rates, tax reform, and regulatory relief, in that order of likelihood and importance.  We also note that if these expectations aren’t achieved, bank stock prices are likely to take a hit.

As mentioned on the podcast, Jonathan was recently quoted in an American Banker story on bank merger activity.

“We’re telling buyers to be aggressive and sellers to be thoughtful,” said Jonathan Hightower, a lawyer at Bryan Cave.

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