The July/August 2015 digital edition of IBAT’s magazine, The Texas Independent Banker, is now available online. Click here to view the full table of contents or link directly to specific content below:
- Strategic Planning Must-Haves are Essential for Long-Term Stabilityby J. Keith Hughey
- Considering Vendor Contracts in the Merger and Acquisition Contextby Jerry Sanchez and Jeffrey Gifford
- How Much Portfolio Risk is Too Much? By Lester Murray
- Strategic Alternatives for Community Banks to Generate New Capitalby Derek McGee and Stephanie Kalahurka
- IBAT’s 41st Annual Convention
As always, if you have suggestions for future content to be featured in The Texas Independent Banker magazine, please contact Bonnie Kankel.
Are you looking to add new members to your team? Between today and July 31, enjoy 20% off the posting of job openings in the IBAT Career Center. To receive the discount, log in to the Career Center and enter discount code “SUMMER20” at checkout.
In addition to receiving 20% off, we’ll highlight your job posting in the month ahead. When open positions at IBAT member banks are posted in the IBAT Career Center, they will be featured in the Bottom Line.
In a case involving the allocation of housing tax credits in predominantly black and predominantly white neighborhoods by the Texas Department of Housing and Community Affairs, the United States Supreme Court held that “disparate-impact claims are cognizable under the Fair Housing Act.” Although this case didn’t involve fair lending, it would be difficult to distinguish the court’s ratification of disparate-impact theory of liability in fair housing cases from its current use by regulators in fair lending.
“It has been a long road to a Supreme Court opinion on the disparate-impact theory,” said IBAT President and CEO Chris Williston. “We thank Texas Attorney General Ken Paxton and his predecessor Greg Abbott for recognizing the importance of this issue and taking it to the highest court in the land. Although the court approved the use of disparate-impact, it didn’t approve the regulators’ flawed statistical analyses and application of the theory on community banks. IBAT will continue to fight for appropriate fair use of this theory on the community banks of Texas.”
IBAT has historically engaged an outside lobbyist to keep up with the abundant tax bills and actions at each session of the Texas Legislature. This session, we engaged James LeBas, a tax expert and one of the architects of the margins tax.
For those of you who have an interest, James has provided a detailed summary of all of the tax bills passed this session for your review.
Our customary Legislative White Paper is in final edit and will be made available to the membership in electronic format very soon.
We are pleased to announce that registration is now open for IBAT’s 41st Annual Convention. For the first time in more than 30 years, the event will take place at the Galveston Island Convention Center, September 19-22. A detailed brochure about this event will be in your mailbox in the coming days. In the meantime, you may download a PDF here.
This year’s Convention is packed with educational and networking opportunities, including:
- Chairman’s tailgate party;
- State and national bank regulator roundtables;
- Ten concurrent sessions addressing a variety of challenges you face every day;
- Songwriters’ late show; and
- Fishing tournament.
And don’t forget about the Annual Auction and Dream Vacation Sweepstakes, both benefitting the IBAT PAC. You may donate or purchase an item in the Auction or enter the Dream Vacation for a chance to win a $5,000 gift card. Detailed information will be included in next week’s edition of the Bottom Line.
If Alexander Hamilton were alive today, he’d be spinning in his grave. Well, that’s what Yogi Berra might say. The nation’s first Treasury Secretary will lose his place on the ten-dollar bill if the current holder of that office has his way, and that would be upsetting to anyone; particularly a Founding Father who lost his life in a duel with that no-good Aaron Burr. Regardless of whose likeness adorns our currency these days, Americans have been spending more of it. We learned this week that Personal Spending rose by .9% in May, and if that still doesn’t sound like a lot, it was a whole lot better than April’s .1% increase. Helping to spur this spending uptick was the .5% rise in Personal Income. This is good news for Janet Yellen et al., who have been lamenting the absence of growth in the amount of money that people make and the presence of growth in the amount they haven’t been spending. Could things be turning around for the consumer?
For all those who plan to submit Best of Community Banking (BOCB) Awardentries but haven’t done so yet, this is your friendly reminder that they’re due to IBAT by 5 p.m. on June 30. Categories include architectural design, community service, financial literacy and marketing.
All entries will be displayed during the IBAT Annual Convention at the Galveston Island Convention Center, September 19-22. Gold Eagle Award winners will be recognized during the Best of Community Banking Awards luncheon on Monday, September 21.
As we celebrate the 24th year of our BOCB Awards, we hope you will take this opportunity to showcase your bank, shareholders, officers, employees and the contributions you make to keep your local community thriving and prosperous.
Please join us for our customary webinar to review the good - and not so good - that came out of the (almost over!) 84th Texas Legislature. This popular, convenient and free program will cover some of the big issues, as well as bills passed that may impact you and your bank. We are hopeful that Karen Neeley’s white paper will be completed and ready for distribution prior to the program.
Please plan to attend this informative program on Tuesday, June 30, from 2:00-3:30 p.m. During the webinar, you will have the opportunity to send in questions. We will also have an open discussion at the end. Registration is now open. We appreciate your engagement in this important process and look forward to hearing from you.
The FDIC issued a proposed rule last week that would change the way that community banks are assessed for deposit insurance - basing assessment rates on the probability of failure over three years.
The rule would impact banks with less than $10 billion in assets and that have been insured by the FDIC for at least five years. In a statement issued with the proposal, the FDIC said that changes in the assessment calculation would result in lower premiums for 60 percent of banks, with 20 percent paying more and 20 percent having no change in their premiums.
IBAT plans to comment on the proposal within the 60-day comment period, currently open. To ensure that our comments capture the sentiment of the entire IBAT membership, we ask for your feedback on the proposal. To assist you in evaluating the proposed rule and assessment change, the FDIC has developed a Deposit Insurance Calculator to estimate your bank’s assessment.
If you would like to provide feedback to IBAT staff as our comment letter is developed, please do so by emailing Shannon Phillips, IBAT Deputy General Counsel.
The operations side of the bank is facing increasing challenges. Technology is driving more products, but creating new security and compliance burdens. Innovative products are bringing in more non-interest income, but also raising regulatory concerns. And non-bank agencies continue to poke around in bank records and operations!
New this year!
The Summit has added a panel of experts to conduct a case study concerning Cyber Security & Disaster Recovery.
- Cyber Security
- Escheat Basics
- Electronic Banking
- CFPB Update
- Common HR Mistakes for Today’s Bankers
Who Should Attend
This Summit will benefit anyone with responsibilities in the operations and compliance departments of community financial institutions. Learn more and register.
The Independent Bankers Association of Texas and the Texas Bankers Association have partnered with the FDIC to bring you this important update on current and emerging banking issues. Breakout sessions are tailored for directors, risk management staff and consumer compliance staff. Attendees will be provided with resource materials for future reference. There will be two meetings:
Austin - August 18 - Omni Austin Hotel Southpark 4140 Governor’s Row Austin, TX 78744 Free Parking 800-THE-OMNI
Attendees may call the Omni Austin Hotel Southpark directly at 800-THE-OMNI and ask for the IBAT Education Foundation FDIC Banker Outreach Summit rate of $139.00 single occupancy. Reservations should be made by July 20, 2015.
- Dallas - August 20 - Marriott Quorum by the Galleria 14901 Dallas Parkway Dallas, TX 75254 Discount Parking—$7.50 888-236-2427
July 6 is the deadline to make your tax-deductible bank contribution to the Comfort Care Crew for Military Kids. Since 9/11, there have been at least 400 military kids a year on average who experience the loss of a parent in a combat-related death. In addition, more than 2,000 children of veterans are affected annually by the suicide of a parent.
Donations are used by the Comfort Crew to provide kits with age-appropriate support materials to help kids cope with challenges they may face growing up in a military family.
Checks should be made payable to the Comfort Crew and mailed to IBAT. We will present the checks to the Comfort Crew in mid-July on behalf of the community bankers of Texas. For additional information, visit the Comfort Crew website.
It’s sad that during times of tragedy and disaster, there are evil folks out there who will try to take advantage of those who are already hurting. Unfortunately that’s our current reality. Click here to access FEMA-prepared tips to defend yourself from fraudsters.
When it comes to a situation like this, the initial flooding may not be the only damage you need to consider. Mold and mildew can have a serious impact on your health long after clean-up is done. Click here to learn how you can clean, dry and discard mold in your bank or home following a flood
Whether you sustained damages during the recent Texas flooding or want to help those who did, it’s important to be cautious. Please share the above tips with others in your bank and community.
Last week, the Federal Communications Commission (FCC) approved new robocalling rules that reject most of the entreaties of banks and other companies. The Telephone Consumer Protection Act (1991) prevents banks and other businesses from making robocalls to a cell phone without the consumer's prior consent. Banks requested that the FCC change the standard so they would not be fined when unintentionally reaching the wrong person, particularly because there is no comprehensive database showing if a phone number has been reassigned.
The FCC’s rules carve out an exemption for the first wrong-number phone call but not for any subsequent calls to that number. Neither marketing nor debt-collection calls are allowed under these exemptions. However, the new rules exempt bank calls to customers concerning fraud alerts.
After many months of discussing .BANK, the general availability registration period is upon us. As a reminder, this is a new and more secure Internet domain for the banking industry.
ICBA, in partnership with EnCirca, offers a variety of resources about the registration process, how to secure a .BANK domain and why it’s encouraged to secure your bank’s domain name. Additionally, CalTech provided an information flyer to help clarify the process.
ICBA members using EnCirca for .BANK registration will receive a 10 percent discount. The process is relatively simple, and we highly recommend you review this information and begin the necessary steps to register, if you haven’t already done so.
Last week, Representative Kenny Marchant introduced legislation (The Capital Access for Small Business Banks Act - H.R. 2789) to help Subchapter S banks raise capital. As introduced the bill would:
- Raise the limit on S-Corp shareholders from 100 to 500;
- Allow S-Corp banks to issue preferred stock without a cap;
- Allow dividends on preferred stock to be deductible by the bank; and
- Allow dividends issued to preferred stockholders to be treated as ordinary income.
“Capital formation is a top-burner issue for all community banks, especially Sub S banks,” said IBAT President and CEO Chris Williston. “We thank Representative Marchant and his staff for recognizing the importance of this issue and putting forth legislation for the nation’s S-Corporation banks.”
IBAT also thanks Pat Kennedy of The Subchapter S Bank Association and Cynthia Blankenship of Bank of the West in Grapevine for their advocacy efforts on this and other issues of concern to the 2,100 banks organized under Subchapter S.