IBAT News

IBAT Honors Sydney Clark

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The IBAT Education Foundation has presented a $1,000 savings bond to 12-year-old Sydney Clark of Austin in acknowledgment of her nationally recognized invention protecting ATM users from identity theft.

Sydney was awarded second place in the 12th annual Discovery Education 3M Young Scientist Challenge finals Oct. 5 as one of 10 finalists selected from across the nation. The award included a check for $1,000.

Her entry included an estimated 200 hours of work on a required two-minute video explaining the invention,  a box that includes louvers that restrict the view of the screen to anyone not directly in front of the ATM PIN pad.  Mirror film, manufactured by sponsoring 3M, was placed over the louvers to allow the customer to see through to the pad in privacy.

Read the complete story in the upcoming issue of The Texas Independent Banker magazine.

Giving Small Banks a Chance to Thrive

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As we have stated frequently, one of the significant bright spots in the Dodd/Frank debate was the resounding and virtually universal recognition that "community banking is different".  We didn't participate in the bad behavior that contributed to the financial meltdown, we didn't profit from those questionable practices and our banks contribute tremendously to our respective communities while treating our customers fairly. 

We have expressed concerns over the Consumer Financial Protection Bureau (CFPB), and have strong reservations regarding the separation of rulemaking from the safety and soundness function, especially given the broad jurisdiction of this new entity.

Elizabeth Warren, the head of the new CFPB, wrote a very interesting op/ed last week.  She has some very positive things to say about community banking.  Representatives from IBAT will have the opportunity to meet privately with Professor Warren next month to reinforce our concerns, and will continue to do whatever possible to lessen the stranglehold of the compliance burden on community banks. 

Bair Speaks Out On Mortgages

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IBAT's goal is to provide a diversity of opinions and viewpoints
about national banking news.  Some news articles do not necessarily
reflect the opinion of the Independent Bankers Association of Texas.

Bankers Digest Current Feature - November 8, 2010 Issue
Excerpt from Speech By Sheila C. Bair, FDIC Chairman

“If we want to rebuild housing finance into a more solid foundation for our economic future, we will need to act decisively to fix the underlying problems that led to the current crisis,” said FDIC Chairman Sheila C. Bair in her keynote address on October 25 to the “Mortgages and the Future of Housing Finance” symposium sponsored by the FDIC and the Federal Reserve System in Arlington, VA... read more.

First State Bank Wins Silver Award

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First State Bank of Mineral Wells took home a Silver Eagle in the 2010 Best of Community Banking for their entry Pies for Life in the Community Service category.

To benefit the American Cancer Society’s Mineral Wells Relay for Life event, First State Bank employees baked and sold pies for $20 each. Initially, they estimated the sale of 100 pies for a donation total of $1,500. However, pie popularity soared and business in the bank picked up too. The bank’s total donation to the Relay for Life, including bank employee and customer contributions came in at $5,407.22. Bank employees strengthened bank presence in the community, built personal relationships and gave all participants a common goal within the community.

Community Bank Victory

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IBAT's goal is to provide a diversity of opinions and viewpoints
about national banking news.  Some news articles do not necessarily
reflect the opinion of the Independent Bankers Association of Texas.

Small Banks Cheer Premium Plan, Larger Ones Fear Impact on Funding Strategy
American Banker  |  Tuesday, November 9, 2010
By Joe Adler

The FDIC is set to make a massive change to the way it calculates premiums, releasing a proposal Tuesday that would force banks to pay assessments based on total liabilities... read more.

You can read American Banker for free through IBAT's subscription program. Click here to learn more.


Tuesday morning, the FDIC moved forward with the implementation of one of the biggest victories for community banks to come out of the Dodd-Frank Act: the ICBA and IBAT-initiated change of the assessment base used for calculating deposit insurance assessments.

You’ll remember that, under a provision of the Dodd-Frank Act, the assessment base shifted from domestic deposits to the average consolidated total assets minus average tangible equity.  Currently, assessments based on domestic deposits run 12-15 basis points.  The new Risk Category I rate, calculated on the revised assessment base is 5-9 basis points.  This surpasses even the most optimistic of expectations, which anticipated a rate in range of 10-11 basis points.

Further, the FDIC’s proposed rule did away with the “secured liability adjustment factor,” which acted as a penalty on banks holding advances from Federal Home Loan Banks.  

Under the FDIC’s rule proposed today, the adjustment will be calculated for the quarter beginning April 1, 2011 and reflected in invoices for assessments due September 30, 2011.

“I believe that this proposal achieves the goals of the Dodd-Frank Act to change the assessment base to better reflect risks to the deposit insurance fund,” said FDIC Chairman Sheila Bair.  

Chairman Bair’s statement should come as music to the ears of community bankers in Texas and across the country, as it signals a shift from the days in which community banks carried the burden for the entire banking industry to a more fair and equitable system placing risk squarely on the shoulders where it most belongs.   

The FDIC’s proposed rule is now open for comments.  You can view the proposed rule in full online by clicking this link.

Also available is the FDIC’s proposed rule for Large Bank Risk Assessments which can be found here.

Socks For Soldiers

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“Mom, soldiers give their lives for us and we don’t do anything for them.”  These are the words eight-year-old Tanner Adams said to his mother last week while sitting in the doctor’s waiting room.  

His mother, Torri Adams is the executive assistant to Texas State Bank’s CEO and Chairman of the Board Mark Lowery in Lufkin.  She said Tanner was reading a book about World War II that talked about soldiers whose feet would get infected because they didn’t have clean socks and simply said, “I want to collect socks for our soldiers.”  And so began the “Socks for Soldiers” campaign.
 
Tanner and his mother talked to his school principal who has a son in the service and was very touched by Tanner’s ambitious goal to collect a million pairs of socks.  Area schools, the local newspaper and Texas State Bank offered to be drop-off points for the socks.  The local American Legion volunteered to ship the socks to the soldiers, with the first shipment going out December 4.

Although the family hasn’t had anyone active in the military service in Tanner’s lifetime, Torri said that Tanner and his father read a lot of books about the military.  “We are so proud of him.  If this is important to Tanner, then we need to work to make it happen,” said Torri.

Tanner now has a Facebook page (Socks for Soldiers, Lufkin, TX) with more than 200 fans.  If you would like to help Tanner in his project to help our soldiers, you can mail your socks (cotton socks measuring above the calf) to:
Torri Adams
Texas State Bank
1601 South Chestnut
Lufkin, TX 75901

If you would like to send a check to help purchase socks, send it to the bank and write “Socks for Soldiers”.

Staff Contact: Mae Beth Palone, mbpalone@ibat.org, 512-275-2219

IBAT's Bank of the Week: Mills County State Bank

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The history of Mills County State Bank dates back to the humble beginning of D. H. Trent, Banker, on June 4, 1888, with deposits of $4,181.61 and Stock Account of $11,449.50.

Four years later in 1892, the First National Bank of Goldthwaite was organized.  In 1901 the stockholders of the First National Bank voted to liquidate and the building, furniture, and fixtures were sold to D. H. Trent.

In 1908, the first meeting of the Stockholders of the Trent State Bank was held.  Charter No. 369 was granted, under which the Mills County State Bank still operates today.  In 1988, C. T. Head was elected President of Mills County State Bank and President of Goldthwaite Bancshares, Inc.

The history of Mills County State Bank dates back to a humble beginning of D. H. Trent, Banker, on June 4, 1888, with deposits of $4,181.61 and Stock Account of $11,449.50.

Four years later in 1892, the First National Bank of Goldthwaite was organized.  In 1901 the stockholders of the First National Bank voted to liquidate and the building, furniture, and fixtures were sold to D. H. Trent, Banker.

In 1908 the first meeting of the Stockholders of the Trent State Bank was held.  Charter No. 369 was granted, under which the Mills County State Bank still operates today.

In 1909 the Mullin Bank was discontinued and W. C. Dew came into the Trent State Bank and served as President for about 28 years.

After Mr. Dew’s death in 1937, W. E. Fairman was elected President and served until he died in January 1941, when Mrs. W. E. Fairman was elected to serve the bank as President.  In the latter part of 1941 she sold her interest to E. T. Fairman who served as President.

Directors of the Trent State Bank voted on January 1, 1952 to change the name of the bank to Mills County State Bank.  In 1953 Dr. J. C. Terrell became associated with the bank as Chairman of the Board and W. P. Duren was elected President of the bank.

In June of 1961 the location of the bank was moved from the corner of 4th and Fisher Street to new facilities at 1017 Parker Street.

In 1979 a one-bank holding company, Goldthwaite Bancshares, Inc. was formed to own the bank.  Dr. J. C. Terrell was named Chairman and W. P. Duren was named President of the holding company.

Following the death of Dr. J. C. Terrell, W. L. Nix was elected Chairman of Goldthwaite Bancshares, Inc. and Chairman of the Board of Mills County State Bank in 1980.  At the end of 1980, W. P. Duren retired and Glynn Collier was elected President of the bank.

In 1984 the local stockholders of Goldthwaite Bancshares, Inc. purchased control of the holding company that owns Mills County State Bank.  Dr. T. C. Graves was elected Chairman of Goldthwaite Bancshares, Inc, and W. P. Duren was elected Chairman of the Board of Mills County State Bank.

W. P. Duren retired as Chairman of the Board of Mills County State Bank on July 1, 1988 and Dr. Tom Cody Graves was elected Chairman.

Glynn Collier retired July 1, 1988 and C. T. Head was elected President of Mills County State Bank and President of Goldthwaite Bancshares, Inc.

In January 1993, Mills County State Bank opened an office in Brownwood, Texas, at 3711 Austin Ave., with William A. Hamilton as Manager.

In July 1995, Mills County State Bank opened another location in Early, Texas, at 411 Early, Blvd., with Coleta Newton as Manager.  Coleta retired as of December 31, 2005 and Brandon Bartek was named as Branch Manager.

In April 1998, the Brownwood location moved to a new building at 3101 Austin Ave., Brownwood, Texas.

In October 2005, Mills County State Bank opened another location in Hamilton, Texas, at 1005 E. Main St. (also known as Hamilton Banking Center) with Don Gromatzky as Manager.

The Board of Directors of Goldthwaite Bancshares, Inc., as of January 2006, include Dr. Tom Cody Graves, Martha Carolyn Goode, C. T. Head, Glynn Collier, Bill Blackwell, Tom Duren, Milton Schwartz, Elam Miles, Dr. Melanie Bartek, Dr. Cody Graves, and T.A. Head, Director Emeritus.  Mills County State Bank’s Board of Directors also include the same Directors, with the exception of Martha Carolyn Goode.

Boosting the Economy

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IBAT's goal is to provide a diversity of opinions and viewpoints
about national banking news.  Some news articles do not necessarily
reflect the opinion of the Independent Bankers Association of Texas.

By Craig Torres and Steve Matthews

Federal Reserve Chairman Ben S. Bernanke embarked on a historic test of unconventional monetary policy by using tools devised during the financial crisis to add fuel to an economy that’s been expanding for 15 months.

Bernanke’s Fed, constrained by a key interest rate near zero and bound by a Congressional mandate to reduce unemployment, yesterday said it would buy $600 billion in Treasury securities through next June in a bid to further reduce long-term borrowing costs and keep prices from falling... read more.

New Congress, New Chance for Bankers

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IBAT's goal is to provide a diversity of opinions and viewpoints
about national banking news.  Some news articles do not necessarily
reflect the opinion of the Independent Bankers Association of Texas.



Posted November 3, 2010 |  Rusty Cloutier

As the community bankers look over the midterm elections of 2010 I am sure that they see both good and bad news.

Of course, for years the smaller banks in America have often been at a disadvantage to their larger competitors who have large lobbing staffs in Washington D.C. to address the issues that affect the value of their franchise... read more.


How Can You Get Involved in the Legislative Process? IBAT gives you two big opportunities:
  1. IBAT Community Banking Day at the Texas Capitol - January 25-26, 2011
  2. IBAT Congressional Visit to Washington, DC - May 3-5, 2011

Community Reinvestment Act

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IBAT's goal is to provide a diversity of opinions and viewpoints
about national banking news.  Some news articles do not necessarily
reflect the opinion of the Independent Bankers Association of Texas.

Bankers Digest Current Feature November 1, 2010 Issue
Source: www.fdic.gov

The FDIC, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, and the Office of Thrift Supervision (the federal banking agencies) published revisions to the Community Reinvestment Act (CRA) regulations (Joint Final Rule FIL-65-2010) on October 12. This rule change implements two statutory changes: one requires the agencies, when assessing a financial institution’s record of meeting community credit needs, to consider low-cost education loans to low-income borrowers; the other allows the agencies to consider various activities undertaken with minority-and women-owned financial institutions and low-income credit unions... read more.

IBAT's Bank of the Week: Jefferson Bank

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Jefferson Bank is a family-owned community bank serving communities in San Antonio and surrounding areas in the Texas Hill Country. Through the years, the Bank has created an elite team of highly skilled, family-oriented and civic-minded individuals who contribute to the Bank’s continuing success. The Bank was founded just after World War II in the Jefferson neighborhood area in San Antonio. It has grown from a single location on Fredericksburg Road in San Antonio to one of Texas’ most respected independent banks with 11 banking centers in San Antonio, New Braunfels, & Boerne, including residential mortgage offices and a trust & wealth management division. The Bank, characterized by consistent and conservative growth throughout its 64 year history, boasts assets close to $725 million.

IBAT features one member bank a week in the Bottom Line and on the IBAT website. If you'd like your bank to be included, send us a photo(s) of your bank. Perhaps you'd like to include how many years your bank has been open; community projects in which your bank is involved; special staff accomplishments or any other information you feel sets your bank apart from the "big guys". You may also want to include your bank's Facebook page and Twitter account. What a great (and easy) way to highlight your bank, employees and directors. Just send your information to Mae Beth at mbpalone@ibat.org and we'll see you online!

Fire Safety: Be Safe, Be Prepared

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When fire strikes, seconds count. Don’t be left without fire monitoring services at your branch. Diebold now offers comprehensive fire products and services to meet your security and safety needs.  Now through 12/31/2010, Diebold is offering one free inspection and testing and 6 months of fire monitoring service for free! Certain restrictions may apply. The clock is ticking on this limited time offer. Call 800.806.6827, email requests@diebold.com or visit www.diebold.com/firesale.

The Mortgage Mess

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IBAT's goal is to provide a diversity of opinions and viewpoints
about national banking news.  Some news articles do not necessarily
reflect the opinion of the Independent Bankers Association of Texas.

American Banker  |  Friday, October 29, 2010
By Cheyenne Hopkins

While loan servicers get much of the blame for improperly following foreclosure procedures, some others are pointing to another culprit: the patchwork of state standards... read more.


You can read American Banker for free through IBAT's subscription program. Click here to learn more.

HCSB’s Season of Thanks Wins Award

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HCSB’s creation of a Hill Country Season of Thanks in Kerrville and Fredericksburg earned the bank a Gold Medal in the 2010 Best of Community Banking Awards.

The Season of Thanks provides a special kickoff to the holiday season, hosting customers in both Hill Country communities shortly before Thanksgiving.

Featuring the colors of autumn and turning the HCSB Christmas tree into a Thanksgiving tree provided the proper holiday mood for the hundreds of customers joining bank employees for the festive occasion.

HCSB also received a Silver Medal earned for a Plainview Proud marketing campaign. To bolster its position as the market share leader in Plainview, HCSB developed a multimedia brand ad campaign using television and radio spots discussing community commitment.

IBAT General Counsel Recognized As Top Banking Attorney

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IBAT’s General Counsel Karen Neeley, also of Cox, Smith Matthews Inc. has been selected by her peers for inclusion in The Best Lawyers in America® 2011  In addition, she was named Best Lawyers’ “Lawyer of the Year” for 2011 in Austin in the Banking Law category.
 
Since its inception in 1983, Best Lawyers has become universally regarded as the definitive guide to legal excellence. Because Best Lawyers is based on an exhaustive peer-review survey in which more than 39,000 leading attorneys cast almost 3.1 million votes on the legal abilities of other lawyers in their practice areas, and because lawyers are not required or allowed to pay a fee to be listed, inclusion in Best Lawyers is considered a singular honor. Only one lawyer in each practice area in each community is honored as the “Lawyer of the Year” for 2011.  View the entire list.

With over 30 years of experience, Karen Neeley is widely recognized throughout the Texas financial institution community in the areas of regulatory and compliance law. She was selected in the banking category for Texas Lawyer’s prestigious Go-To Guide, which is only published every five years and includes only five attorneys in each category, and is also recognized by Chambers USA, a prestigious annual legal guide that compiles rankings of the nation’s best lawyers through research, client interviews and testimony.

“Karen’s reputation as a banking attorney is well-known in the halls of the State Capitol.  When it comes to banking law, Karen can quote you scripture and verse,” said IBAT President and CEO Chris Williston.  “We’re very proud of Karen and no one is more deserving of this prestigious honor.”

Is Collateral Protection Insurance Dead?

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Many Texas creditors and their attorneys recently received letters from a law firm implying new problems could exist with offering collateral protection insurance (CPI).  The letter cites a recent Travis County court case involving the sale of a program for auto dealers to self fund their own product.

SideCars, the company providing the program to dealers, sued the Texas Department of Insurance and others, claiming that their program was legitimate and that TDI and others were interfering with their business. The judge granted the defendants’ motions for summary judgment, effectively concluding that the program is in fact an unauthorized insurance program.  Here’s how we understand it works.

Car dealers in the “buy here, pay here” business "self-fund" collateral protection insurance, charging a fee up front when the dealer paper transaction is consummated.  The first question is whether that constituted the sale of insurance.  TDI concluded that it did—and it was not done in accordance with Texas law.  Second, the fee for this program is not one that is authorized by Chapter 348 of the Texas Finance Code, creating yet another problem for the dealers.  (Unauthorized fees are prohibited!)  Finally, the program arguably did NOT comply with Chapter 307 of the Texas Finance Code, which regulates collateral protection insurance.  CPI can only be placed if the consumer is notified of the requirement to provide insurance, the consumer does not in fact acquire insurance from a company of their choice, and the creditor gives certain required default notices.  Then, and only then, can the CPI be force placed.  This product, we believe, was put into place at the inception of the credit.  Thus, it is not collateral protection insurance as defined in Chapter 307.  And whatever it is, it is apparently not issued in accordance with TDI requirements.

Bottom line: real collateral protection insurance is NOT adversely affected by this ruling!

Regulatory Viewpoints

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IBAT's goal is to provide a diversity of opinions and viewpoints about national banking news.  Some news articles do not necessarily reflect the opinion of the Independent Bankers Association of Texas.

Bankers Digest Current Feature: October 25, 2010 Issue
Reprinted with permission by Peter G. Weinstock, Hunton & Williams, L.L.P.

The regulatory response to problem financial institutions now has approached the point that, for many, the cure is worse than the disease. If a financial institution is a “troubled bank” (Camels 4 or 5 rated), then almost invariably it will receive a formal administrative action. To be sure, a Camels 3-rated institution has problems, but a formal administrative action triggers a cascade of limitations and costs that may cripple banks that would otherwise survive... read more.

IBAT Member to Receive Medal

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IBAT's goal is to provide a diversity of opinions and viewpoints about national banking news.  Some news articles do not necessarily reflect the opinion of the Independent Bankers Association of Texas.

Ex-local chapter president honored in Washington Posted On: Monday, Oct. 25 2010 10:34 PM

By Colleen Flaherty
Killeen Daily Herald

Terry Tuggle, former president of AUSA's Central Texas-Fort Hood Chapter, received the national organization's Maj. Gen. Anthony J. Drexel Biddle Medal Monday in Washington, D.C... read more.


Ex-president of AUSA chapter to receive Drexel Biddle Medal
Special to the Hood Herald

ARLINGTON, Va. — Terry Tuggle, former president of AUSA's Central Texas-Fort Hood Chapter, will receive this year's Maj. Gen. Anthony J. Drexel Biddle Medal for his outstanding contributions to the Association of the United States Army and his AUSA chapter.

As chairman of the board and chief executive officer of the Fort Hood National Bank and First National Bank-Texas, he loaned office space and facilities at Fort Hood National Bank to the post's family readiness groups for fundraising activities, including car washes, bake sales and refreshment stands. These activities brought in more than $1,000 a month for family programs and projects... read more.

Best of Show

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It all started with a routine appointment with the dentist and a request for a donation to help save Meals on Wheels of Walker County.  The result was a city-wide  30-day fund-raising campaign led by First State Bank that earned the Huntsville financial institution Best of Show honors in the Independent Bankers Association of  Texas (IBAT) 2010 Best of Community Banking Awards.

The message that Dr. Tom Rushing brought to banker James E. Baine was that Meals on Wheels was in real trouble.  There was a severe shortfall of funds due to poor management.  Also, the Internal Revenue Service was threatening to seize bank accounts because the previous administration had failed to pay Social Security taxes on employees for several years.

Baine took the shocking news to First State Bank co-owner Walter G. Nelson and the board of directors.  The result was “The Huntsville Challenge”, a community wide capital campaign to raise enough funding to relieve The Senior Center/Meals on Wheels program of the IRS debt and continue operations.

The Walker County community responded immediately.  With the help of the local media and a speaking blitz to Huntsville civic organizations, the one-month emergency drive brought in $125,994.26 including a match by First State Bank of $50,000,

An independent panel of judges also awarded “The Huntsvillle Challenge” with one of seven gold medals presented at IBAT’s 36th annual convention in Fort Worth.  It was also the only entry submitted from the 500-plus member banks to be recognized as the Best in Show.

Foreclosure Lessons

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IBAT's goal is to provide a diversity of opinions and viewpoints about national banking news.  Some news articles do not necessarily reflect the opinion of the Independent Bankers Association of Texas.

By LOREN STEFFY
HOUSTON CHRONICLE
Oct. 17, 2010

... [IBAT 2010 Convention Speaker] Mark Dotzour, chief economist for Texas A&M's Real Estate Center, warns that making foreclosures more difficult will make mortgage bond buyers more reluctant to invest. That, in turn, will drive up mortgage interest rates, making housing more expensive for everyone.

The market, in other words, has to clear... read more.

ATM Class Action Lawsuits

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We continue to receive notice from IBAT member banks that they are
targets of class action lawsuits based on allegedly missing or deficient
Reg. E fee disclosures on their ATMs. Under the Electronic Funds
Transfer Act, any person who fails to comply with any of its provisions
with respect to any consumer is liable to the consumer in an amount
equal to the sum of any actual damages plus not less than $100 nor
greater than $1,000. In the case of a class action, there is no minimum
recovery for any member of the class and the total recovery cannot be
more than the lesser of $500,000 or 1 percent of the defendant’s net
worth. (15 U.S.C. 1693m)

Before imposing a fee on a consumer using an ATM, the operators of the
ATM must provide notice that a fee will be imposed and the amount of any
fee.  A notice that a fee is imposed must be posted in a prominent and
conspicuous location on or at the ATM.  A notice that a fee is imposed
and the amount of the fee must appear on the ATM screen or on a paper
notice issued from the ATM after the transaction is initiated, but
before the consumer is irrevocably committed to completing the
transaction.  (15 U.S.C. 1693b(d)(3))  The notice requirement appears on Reg. E at 12 CFR 205.16.

The money is good, so you can see why these class action lawyers are
trolling for noncompliant ATMs and for potential clients willing to use
the ATMs then sue.   And after suing you, these lawyers will attempt to
find additional members of the class through your records.

Texas is a hotbed of activity for these class action lawyers.  The
nearly 30 class action suits filed in Texas allege that the subject ATMs
were missing the notice that was supposed to be posted on the machine.
To avoid litigation, it is imperative that your bank regularly inspect
its ATMs to assure that the notices are present.  You should keep a
record of your inspections, and you might consider retaining date and
time stamped photographic evidence of your compliance.  There is an
exception for damaged notices (15 U.S.C. 1693h(d)),
but it would be better to inspect your ATMs, fix any problems, and
document compliance, than to get sued and rely on this exception as a
defense. 

With a recent news article highlighting federal lawsuits being filed against several Texas financial institutions for not displaying surcharge notification decals on their ATMs, DieboldDirect would like to remind you that we offer signage to keep your branch compliant notifying customers of such surcharges.

Ensure your branch follows the Electronic Fund Transfer Act by displaying ATM surcharge notification decals from DieboldDirect. Made of weather resistant material, our decals are available in three convenient sizes.

  • 4 x 4 (000508124FEE)- $10.50
  • 5 x 5 (000508125FEE)- $15.75
  • 5.38 x 3.38 Styrene Plaque (000508120FEE)-$36.75

For more compliance signage and all of your ATM and branch supplies needs, visit www.DieboldDirect.com.

ATM Decal

Truth in Lending Escrow Requirement

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In the Spring of 2010, IBAT mounted a campaign to exempt or temper the Higher-Priced Mortgage Loan (HPML) escrow requirement on community banks.  While we were able to obtain some relief short-term balloon notes, our initial efforts, including a face-to-face meeting with Federal Reserve Governor Elizabeth Duke, were met with limited success.   But as far as we were concerned, this battle wasn’t over; it was just beginning.  This week, we continued our efforts on behalf of community banks with a letter to Governor Duke asking that the Federal Reserve amend the HPML escrow rules on in-portfolio loans in certain circumstances.  Because community banks and in-portfolio mortgage loans did not contribute to America’s financial meltdown, IBAT is convinced that a limited exemption is the right thing to do.   And we will keep fighting on your behalf.

Final Pooled Collateral Rules Issued

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There's a new option for pledging collateral for public fund deposits - "pooled collateral".  The Comptroller of Public Accounts published final rules implementing this voluntary new program.  We encourage you to become familiar with this new program.

In a nutshell, pooled collateral is a form of pledging in which the bank pledges eligible collateral to its participating public fund accounts "generally" rather than on a per entity basis.  The Comptroller will administer the program, provide for daily reporting of balances and market value of pledged securities and charge fees to the participating banks.  It is completely voluntary for both the bank and the public entities.  Nothing changes if you wish to continue to handle your public fund relationships as you always have.  

As we anticipated the publication of these rules, IBAT has scheduled a webinar on November 9, 2010 from 9:00 AM until 11:00 AM.  We are pleased to have Tom Smelker, Director of Treasury Operations for the Comptroller's Office as our speaker.  Tom is the "point man" on this issue, and is uniquely qualified to discuss this new program.  Additional information and registration may be accessed through our website or by contacting Julie Courtney at 800.749.4228.

7 Critical Issues of Bank Executives

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Join Abound Resources, a leading bank advisory firm and an IBAT
endorsed provider, for a complimentary 30 minute executive briefing
entitled:

"7 Critical Issues of Today's Bank Executives"


Tuesday, October 26th at 3pm (CST)
Thursday, October 28th at 10am (CST)
or On Demand

These issues include: 
•    How to replace NSF and debit card income
•    The need for Loan portfolio diversification
•    Growing importance of cash management business banking
•    Impending changes to Regulation Q
•    Managing expenses and the Efficiency Ratio
•    Core technology performance and ROI
•    Vendor management from both regulatory and expense control perspectives

Click HERE to register today!

Implementing Financial Reform: Part 1

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It’s that time.  The time of year where every radio and television ad seems to end with the familiar phrases:
  • “Political ad paid for by [fill in the blank],” and
  • “I am [insert politician’s name here] and I approve this message.”

Without a doubt election season has begun and our elected officials are beating the streets back in their home districts, trying to ensure survival in turbulent political times.

However, while the halls of Congress are temporarily evacuated and Financial Regulatory Reform seems like a distant memory for most Americans, the various regulatory agencies are only just beginning their work on implementing numerous requirements contained in the 2,300 page final bill.

Over the past several weeks, the FDIC:

  • Approved a proposed rule on the two year extension of the Transaction Account Guarantee (TAG) program on non-interest bearing transaction accounts above $250,000, which is now applicable to all FDIC insured institutions.  The agency proposed rules on disclosure guidelines that would require that insured depository institutions:
  1. Post a notice in their main office, each branch and on their website;
  2. Notify all customers currently covered by the TAG program that NOW Accounts and IOLTAs will no longer be eligible beginning January 2, 2011; and
  3. Inform customers individually of any action they take that will affect the deposit insurance coverage of funds held in non-interest-bearing transaction accounts.  This notice requirement is intended to apply when banks have the opportunity to pay interest on demand deposit accounts, beginning July 22, 2011. 
  • Took preliminary steps to implement its orderly liquidation authority for failing, systemically dangerous financial firms, in anticipation of releasing a proposed rule in the coming weeks. 
  • Approved a final rule that would extend through December 31 of this year the safe-harbor protection treatment by the FDIC as conservator or receiver of financial assets transferred by an insured depository institution in connection with a securitization or participation.  Beginning next year, the safe harbor would apply only to securitizations that meet certain disclosure requirements and where the sponsor retains 5 percent economic interest in the credit risk.  The FDIC rule does not apply to securitizations by Fannie Mae or Freddie Mac or securitizations issued by banks and handled by Ginnie Mae.  

Finally, the new Financial Stability Oversight Council has begun implementing reforms, publishing a proposal on the criteria to designate nonbank financial firms as systemically important and therefore subject to the Federal Reserve’s supervision and to enhanced prudential standards.  

These are just the first steps in what is sure to be a long process of rule making and implementation of the provisions of the Financial Reform legislation.  IBAT is committed to weighing in on each rule that carries a potential impact on Texas community banks and your bottom line, while simultaneously helping you prepare your staff for oncoming changes.  

To keep an eye on what comes next in the rolling out of Financial Reform, make sure you’ve downloaded IBAT’s Members-only white paper, Implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act.

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