ISSUE 3. 2014 SUMMER OFFICIAL PUBLICATION OF THE UTAH BANKERS ASSOCIATION Who Will Start The Revolution? Because no two clients are ever the same. TM Understanding what makes you unique. TM www.swlaw.com BRIAN D. CUNNINGHAM 801.257.1954 [email protected] GATEWAY TOWER WEST | 15 WEST SOUTH TEMPLE | SUITE 1200 | SALT LAKE CITY, UT 84101 DENVER | LAS VEGAS | LOS ANGELES | LOS CABOS | ORANGE COUNTY | PHOENIX | RENO | SALT LAKE CITY | TUCSON UBA Board of Directors 2014/2015 CHAIRMAN Kelvin L. Anderson President & CEO, Optum Bank Salt Lake City, UT VICE CHAIRMAN Jill Taylor District President, KeyBank Salt Lake City, UT 5 14 2ND VICE CHAIRMAN Craig A. White President & CEO, Utah Independent Bank Beaver, UT IMMEDIATE PAST CHAIRMAN Anthony J. Hall President & CEO, Lewiston State Bank Lewiston, UT PRESIDENT Howard M. Headlee President, Utah Bankers Association Salt Lake City, UT COMMUNITY BANK ADVISORY CHAIRMAN Douglas DeFries President & CEO, Bank of Utah Ogden, UT INDUSTRIAL BANK ADVISORY CHAIRMAN Ron Ostler President, Comenity Capital Bank Salt Lake City, UT REGIONAL BANK ADVISORY CHAIRMAN Craig Zollinger Utah President & CEO, JPMorgan Chase Salt Lake City, UT 4 5 BOARD MEMBERS Paul Andersen President & CEO, Gunnison Valley Bank Gunnison, UT A. Scott Anderson President & CEO, Zions Bank Salt Lake City, UT Brad R. Baldwin President & CEO, First Utah Bank Salt Lake City, UT 6 Lee A. Carter President & Chief Operating Officer, UBS Bank USA Salt Lake City, UT Randall Chesler President, CIT Bank Salt Lake City, UT Robert Garinger President & CEO, American Express Centurion Bank New York City, NY Lewis Goodwin President & CEO, Green Dot Bank Provo, UT Richard Lake President, Merrick Bank South Jordan, UT Damon G. Miller Utah Market President, U.S. Bank Salt Lake City, UT Ron Ostler President, Comenity Capital Bank Salt Lake City, UT Mark W. Packard Senior Executive Vice President, Central Bank Springville, UT Katie Spratling Executive Vice President, Holladay Bank & Trust Salt Lake City, UT 7 8 Joe Stroud General Counsel, GE Capital Bank Salt Lake City, UT Greg A. Winegardner Utah Regional President, Wells Fargo Salt Lake City, UT summer 2014 Utah, A Great Place to Charter a Bank 12 Who Will Start the Revolution? By Brett Jackson, CEO, Systemax Corporation Utah is the 5th largest banking state in America. By Howard Headlee, President Washington Update: A Rifle-Shot Approach to Reg Relief One of the things I often hear when I have the opportunity to speak with you and your colleagues at your state bankers association’s annual convention is how new regulatory requirements are making it harder to lend and serve your commnities. By Frank Keating, President and CEO, American Bankers Association Louise P. Kelly, 2014 Distinguised Banker, Receives Award at Utah Bankers Association Annual Convention The Utah Bankers Association has bestowed its highest honor, “The Distinguished Banker Award,” on Louise P. Kelly, President & CEO of EnerBank USA, in recognition of her active leadership in Utah’s and the nation’s banking industry and her exceptional community service. Utah Bankers Elect New Officers and Directors The Utah Bankers Association has elected new officers and board members for 2014 – 2015. Compliance Corner: RESPA/ TILA Reform - Through Mortgage Disclosure Integration Remember back in 2012 when the CFPB proposed the “Integrated Mortgage Disclosures”? This rule requiring the Know-before–you-Owe disclosures was touted by many as the perfect marriage of TILA and RESPA. By Darlia Fogarty, Director of Compliance and Dimitris Rousseas Association General Counsel 14 16 18 19 What does our industry need? In my opinion and based on the last few decades of working with financial institutions is… honestly…a revolution. If It Had Been Documented Otherwise: Commercial Reasonableness Documentation in Advance to Reduce Litigation Expense In a 1931 collection of essays published in the United Kingdom under the title “If It Had Happened Otherwise”, a group of respected historians considered alternate versions of historical events. By Steve Waterman, Partner of the law firm of Dorsey & Whitney LLP Utah & Montana Bankers Association’s 2014 Convention Bankers from across Utah and Montana joined together for the Utah & Montana Bankers Association’s 2014 Convention. This year’s convention was held June 29-July 2 in Sun Valley Idaho. The banking landscape is changing, and those who attended the convention took a look at strategies for surviving and thriving in the months and years to come. 40 Year Service Awards Ten bankers were honored with 40 Year Service awards at the Montana & Utah Bankers Associations’ 2014 Convention held in Sun Valley in June. Line Up of Upcoming UBA Educational Events 20 Bank Kudos 23 Bankers on the Move 27 UBA Committees 27 In Memoriam 28 UBA Associate Members 3 The Bottom Line By Howard Headlee, President, Utah Bankers Association Utah, A Great Place to Charter a Bank U tah is the 5th largest banking state in America. In fact, Utah is headquarters for six banks with over $10 billion in assets, only New York has more with seven. People get so used to hearing about the strength of Utah’s economy, and our top rankings in so many areas, why should it be such a surprise to learn that Utah has also become a leading banking center? It shouldn’t be a surprise because they are directly connected. The same things that make Utah a leader in so many areas make Utah a great place to charter a bank. We have a predictable, pro-business regulatory environment, great banking laws, a great workforce, great infrastructure, and Utah is simply one of the greatest places to live and raise a family. But the connection goes both ways, one of the big reasons our economy is so vibrant is because of the strong banking sector. Last year, banks made nearly $5 billion in investments and loans into low to moderate income communities, paid more than $5.5 billion in taxes, contributed more than $50 million in charitable donations, provided more than 400,000 hours of community service, in addition to providing quality, high-wage jobs to thousands of Utahns. 4 The fact of the matter is, banks are integrally connected to the communities they serve. When banks are strong, communities and economies are strong and conversely, when communities and economies are strong, banks are strong. During the recent economic crisis, it became politically expedient to paint an entirely different picture of the relationship between banks and the community. Politicians looking for a scapegoat sought to separate and isolate banks from the rest of the economy and blame them for the collapse. This misguided narrative led to a massive increase in punitive regulations that have cost the banking industry billions of dollars to implement and driven hundreds of banks out of existence. But none of this political rhetoric can change the fact that banks, by their very nature, are simply a reflection of the communities they serve. If the community is suffering, the bank will suffer. So it is no surprise that when Congress decided to punish banks, they ended up punishing our communities and our economy. There is no other explanation for the anemic economic recovery the country is suffering through. When Congress and the President declared war on banks, they declared war on our economy and the growth of our communities. And believe it or not, there are those politicians who believe we have not yet done enough to punish the banks. Watch out! Meanwhile in Utah, we are leading the nation in various measures of economic growth and jobs. And guess what, last quarter the performance of Utah’s banks led the nation. Is there a relationship between Utah’s top economic performance and the fact that we are now the 5th largest banking state in America? Is there a relationship between the strength of Utah’s banks and the success of Utah’s economy? Absolutely! Bankers fully understand the fact that when our communities are strong, we are strong. That’s why we volunteer, make donations, and gladly pay taxes to support our schools, build streets and promote public safety. That’s why we serve on school boards and city councils and lead the Rotary, Kiwanis and local Chambers of Commerce. And the sooner Congress recognizes that banks are inseparably connected to the communities they serve, and stops punishing them, the better for all of us! n www.uba.org WASHINGTON UPDATE A Rifle-Shot Approach to Reg Relief By Frank Keating, President and CEO, American Bankers Association Financial Services Committee in May. Now we are urging bankers to generate support for them in the full House. The bills are: • H.R. 2673, the Portfolio Lending and Mortgage Access Act, which would deem loans held in portfolio as Qualified Mortgages. • H.R. 4521, the Community Institution Mortgage Relief Act, which would exempt lenders with less than $10 billion in assets from the DoddFrank Act’s escrow requirements and servicers handling fewer than 20,000 loans from the servicing rule. We also are throwing our weight behind a third bill, H.R. 4466, which embodies the spirit of reg relief by requiring regulators to review and reconcile conflicting regulations before finalizing new ones. O ne of the things I often hear when I have the opportunity to speak with you and your colleagues at your state bankers association’s annual convention is how new regulatory requirements are making it harder to lend and serve your communities. We know your regulatory burden is excessive – the Dodd-Frank Act has delivered 7,000 pages of new rules and guidance so far, and there’s more to come. The cumulative impact across the banking industry and across our economy is staggering. Banks’ compliance obligations also create unwieldy juxtapositions. When it comes to mortgage lending and servicing rules, for example, some banks are finding they must choose between serving customers and protecting themselves legally. ABA believes the solution to this seemingly intractable problem lies in what we call “tailored regulation.” By that we mean to government policies that recognize the diversity of the banking industry and the communities you serve. Rules that correspond to a bank’s charter, business model, geography and risk profile help to avoid the negative econom- summer 2014 ic consequences of unsuitable, inefficient bank regulation. While we have seen some successes with this approach – such as with improvements made to the Basel III and Volcker Rule regulations – we have a ways to go in undoing the damage done by DoddFrank. A special ABA-state bankers associations task force, however, has crafted an effective strategy to win you more relief. Assembled earlier this year, the ABA/ Alliance Regulatory Relief Task Force examined dozens of significant regulatory burdens and identified a few that it believed could be addressed in a meaningful way through legislation this year. The focus on just a few was deliberate. It’s hard enough to get must-pass legislation, like spending authorization bills, through Congress. An omnibus relief bill for banks would have trouble getting to the runway, let alone getting liftoff. But targeted bills whose clear beneficiary is bank customers could and should stand a decent chance for enactment. Indeed, two bills that make the changes advocated by the task force cleared the House Getting co-sponsors for these important bills is a critical step to gaining a vote on the House floor. That’s why we’ve been asking bankers like you to send letters, call and meet with House members to share the real-world impact of these bills – how they would help your bank and the customers in your communities. A strong vote by the House can influence whether the Senate takes up the legislation. And action on these bills would bode well for future, rifle-shot relief measures. Help us help your bank by responding to any grassroots action alerts you receive. Encourage your employees, directors and peers to do the same. (You’ll find tools to easily generate letters on these bills at aba.com/grassroots.) ABA and your state association have been strong advocates, and our unified efforts helped get the bills this far. Your engagement can help get them across the finish line. n E-mail Frank Keating at [email protected] © 2014 American Bankers Association. All rights reserved. Reprinted with permission. 5 Louise P. Kelly, 2014 Distinguished Banker, Receives Award at Utah Bankers Association Annual Convention T he Utah Bankers Association has bestowed its highest honor, “The Distinguished Banker Award,” on Louise P. Kelly, President & CEO of EnerBank USA, in recognition of her active leadership in Utah’s and the nation’s banking industry and her exceptional community service. The presentation was made at the Association’s Annual Convention in June. Louise P. Kelly is the founding executive of EnerBank USA, established in Salt Lake City in 2002, as the only bank in the country to exclusively serve the home improvement lending market with unsecured loans. This is a niche market she pioneered; it was a new concept, new to the banking industry, and new to Utah. From just a seed of an idea, EnerBank has flourished in 12 years into a na- 6 “The growth and success of the bank is a tribute to Louise’s visionary, salesoriented leadership. Not only did she lead the strategic process to create and build the bank; she engaged in every detail of its operation down to the writing of the materials used to engage customers.” – Howard Headlee with a home improvement contractor or dealer. Early on, it was heating and air conditioning, and it now includes major partners like Anderson Windows, who offer their clients “one year, same as cash” financing directly through EnerBank. tion-wide bank serving more than 90,000 customers in all 50 states with a staff of over 200. Today, deposits exceed $700 million and loans are $800 million on a constantly turning balance sheet of 12 month loans. According to UBA President Howard Headlee, “The growth and success of the bank is a tribute to Louise’s visionary, sales-oriented leadership. Not only did she lead the strategic process to create and build the bank; she engaged in every detail of its operation down to the writing of the materials used to engage customers.” The bank works with strategic partners – manufacturers, distributors, franchisers and retailers of home improvement and energy-saving products and services. All EnerBank loans originate Kelly was Chairman of the Bankers Association, President of the Utah Association of Financial Services, and Vice President on the National Association of Industrial Bankers. Her efforts on behalf of the industry during the Dodd-Frank debates had a significant impact on the shape of several proposals. Kelly was recently invited by the American Bankers Association to take a highly coveted seat on its Government Relations Council, the body which establishes the industry’s position and priorities in Washington D.C. She has been an active volunteer, mentor and board member People Helping People, a non-profit organization dedicated to reducing the number of children living in poverty by teaching low-income women how to earn a living wage. n www.uba.org T Utah Bankers Elect New Officers and Directors he Utah Bankers Association has elected new officers and board members for 2014 – 2015. Kelvin L. Anderson, President & CEO, Optum Bank, is Chairman of the Association. Jill Taylor, District President, KeyBank Utah, was elected 1st Vice Chairman, and Craig White, President & CEO, Utah Independent Bank, Salina, was elected 2nd Vice Chairman. Anthony Hall will serve one more year on the board as Immediate Past Chairman. Kelvin L. Anderson has been with Optum Bank since January 2008. Prior to joining the Bank, Mr. Anderson was Chief Operating Officer and Chief Financial Officer of Capmark Bank and Escrow Bank USA. His experience encompasses more than 20 years in bank operations, including finance and regulatory compliance, as well as credit card payment operations. Mr. Anderson also currently serves as the President of the Utah Association of Financial Services and Vice President of the National Association of Industrial Bankers. Both organizations support and promote the furtherance of industrial banks. He is a graduate of the University of Utah with a bachelor’s degree in accounting. Jill Taylor is president for KeyBank’s Utah District where she leads the organization’s economic and community development efforts. She oversees the full range of KeyBank’s financial services throughout the state of Utah. Previously, she served as Senior Vice President and District Retail Leader for KeyBank in Utah, overseeing the branch network. Craig White is President and CEO of Utah Independent Bank (UIB), which has branches in Salina, Monroe and Beaver, Utah. In 1995, White became President and CEO of UIB. He has been serving on the Community Bank Advisory Board since 2007. He has been President of the Beaver Chamber of Commerce. Currently, he serves as Boy Scout District Commissioner. summer 2014 Newly elected Board Members are: BRAD BALDWIN President & CEO, First Utah Bank; RANDALL CHESLER ROBERT GARINGER President, CIT Bank RICHARD LAKE President, Merrick Bank President & CEO, American Express Centurion Bank MARK PACKARD Senior Executive Vice President, Central Bank KATIE SPRATLING Executive Vice President, Holiday Bank & Trust. Continuing their service as directors are: Paul Andersen, President & CEO, Gunnison Valley Bank, Gunnison; Doug DeFries, President, Bank of Utah, Ogden; Lee A. Carter, President & COO, UBS Bank USA, Salt Lake City; Lew Goodwin, President & CEO, Green Dot Bank; Ron Ostler, President, Comenity Capital Bank, Salt Lake City; and Joe Stroud, General Counsel, GE Capital Bank, Salt Lake City. Also continuing as perpetual directors are: A. Scott Anderson, President & CEO, Zions First National Bank; Jill Taylor, District President, KeyBank Utah; Damon G. Miller, Utah Market President, US Bank; Greg Windgardner, Utah Regional President, Wells Fargo; and Craig Zollinger, President & CEO, Utah and Idaho JPMorgan Chase. Howard M. Headlee serves as President and Chief Staff Officer for the professional and trade association for Utah’s commercial banks, savings banks, and industrial loan corporations. Established in 1908, the UBA serves, represents and advocates the interests of its members, enhancing their ability to be preeminent providers of financial services. Through UBA, hundreds of Utah Bankers volunteer each year to serve on UBA boards, committees, and task forces, and take part in combating fiscal illiteracy by educating Utah’s consumers. n 7 COMPLIANCE CORNER RESPA/TILA Reform - Through Mortgage Disclosure Integration By Darlia Fogarty, Director of Compliance and Dimitris Rousseas, Association General Counsel R emember back in 2012 when the CFPB proposed the “Integrated Mortgage Disclosures?” This rule requiring the Know-before–you-Owe disclosures was touted by many as the perfect marriage of TILA and RESPA. Before we buy into that description, let’s take a deeper dive into exactly what changes are found buried within the 1,888 pages of explanations, requirements and model disclosures. In response to the plea for help from banks across the Commonwealth and the Nation, Compliance Alliance was formed to increase the effectiveness of banks’ compliance programs and to facilitate broad industry initiatives directed at addressing a variety of compliance functions for member banks and concerns of common interest. The primary goal of Compliance Alliance is to provide quality compliance services and allow more hours for the bank’s compliance personnel to focus on strategic bank-specific functions. In each edition, Utah Banker will provide a short article from the Compliance Alliance. 8 The CFPB received over 3,000 comments when the rule was first proposed. The CFPB expected this type of reaction because of the significant changes. The new requirements not only affect two major regulations, they also affect the entire residential real estate industry. The CFPB responded to the comments by adding over 750 pages to the regulation, bringing the total to 1,888 pages for this amendment alone. Of course the agency is justifying these changes by stating that the actual regulatory changes only accounts for 70 pages, bringing the total to 279 pages in length. By any standard, that is a lot of information to digest and implement. Ah, I digress. Let’s put these facts out of our mind and move on to what this actually means to us as bankers. The purpose of the rule is to improve the way consumers get loan information whey they apply for and close on a mortgage loan. The majority of the requirements are about the two required disclosure documents, which are the Loan Estimate (replaces the current GFE, Appraisal Notice, Servicing Disclosure, ECOA notice and the Early Truth-in-Lending) and the Closing Disclosure (replaces the current HUD and the Final Truth-in-Lending). The rule also contains some key provisions about the timing of these disclosures. The purpose of reducing the number of the disclosures to only two is not only to reduce the burden on the lenders and other loan personnel who prepare these forms, but to also simplify the forms so that they may be easily understood by the consumer. Before we go into the requirements of the new forms we would be remiss if we did not also note that the proposed integrated mortgage disclosure rule added some language to the official interpretation of Regulation Z which is seemingly unrelated to integrated disclosures. The CFPB slipped in a fairly big change that may broaden the scope of Regulation Z to expressly include loans to trusts. Section 1026.3(a)(2) of Reg Z specifically exempts extensions of credit “to other than a natural person.” Many compliance specialists often argued that because trusts, are not defined as “natural persons,” a loan to such an entity would be exempt from the regulation. While there has been debate to the contrary, and even some case law suggesting that revocable trusts are still subject to the rule, there was no definitive guidance — until now. The integrated disclosure rule now amends the commentary to section 1026.3(a)(2) and provides, in part that, “Credit extended for consumer purposes to certain trusts is considered to be credit extended to a natural person rather than credit extended to an organization.” (Commentary to 12 CFR 1026.3(a)). The commentary further explains: “Regardless of the capacity or capacities in which the loan documents are executed, assuming the transaction is primarily for personal, family or household purposes, the transaction is subject to the regulation because in substance (if not form) consumer credit is being extended.” If a loan to a trust is for a consumer purpose, then Regulation Z, and all its glory, will apply. Now for the agencies’ stated purpose of the rule, let’s break the requirements of the final rule into five sections: www.uba.org First, either the lender or the broker may deliver the Loan Estimate to the consumer; however, ultimate responsibility falls on the lender. The final form that the CFPB developed is a three page form. The final form de-emphasizes APR because, in testing, the consumers found the APR to be confusing, but includes some new disclosures that were mandated by Dodd-Frank, such as total interest percentage and the “In 5 Years” calculation. Second, there are multiple versions of the loan closing form to account for different transaction types, for example a refinance and a purchase have different forms from each other. This will be a training concern — ensure lending staff understands the definition of each type of transaction and the “real purpose of the loan.” For instance, staff should be able to differentiate between a land-only loan, constructiononly and construction-to-permanent loan. There also is a “seller-only” form required for closed-end loans in residential transactions. Other loans, such as reverse mortgages and home equity lines of credit and other mortgages secured by a mobile home or by a dwelling that is not attached to the real property, will still use the HUD-1 form. The new Loan Estimate co-mingles lender and settlement costs with loan terms and replaces the HUD line numbers with an alphanumeric system. The Closing Disclosure itemizes the costs and includes section totals rather than lumping costs together and rolling them up into one line item. Because the form is a combination of loan information and settlement costs, communication and cooperation between the lender and closing agent is vital. If the summer 2014 settlement agent completes the loan closing disclosure form, the lender needs to provide a copy of the loan estimate form to provide the information necessary for an accurate Closing Disclosure. Third, the initial Loan Estimate must be delivered or mailed to the borrower no later than three business days after the lender receives the mortgage application and no less than seven business days before consummation of the loan. A revised Loan Estimate due to changed circumstances must be delivered or placed in the mail within three business days of the lender’s knowledge of a changed circumstance; however the borrower must receive it no later than four business days before consummation of the loan. The borrower must receive the Closing Disclosure no later than three business days prior to the consummation of the loan. A revised loan Closing Disclosure can, in most cases, be delivered and received at the closing. Key points of the Three-day Rule include: • If disclosures are not delivered in person, but are instead delivered by mail, electronic media or a courier; the borrower is considered to have received the disclosure three business days after being placed in the mail, sent by email or placed with a courier. Accordingly if delivering other than in person, an additional three business days is required in order to ensure receipt by the borrower no later than three business days prior to consummation. • The lender is allowed to rely on evidence that the consumers actually received the disclosure earlier, if the disclosure is sent by email (assuming the consumer has consented to email and complied with E-sign require- • ments), and receipt is acknowledged the same day as the lender sent them, then the lender can rely on the actual day of receipt and consummation may take place on the third business day after the actual receipt. The loan closing disclosure can change from the time received by the borrower and consummation unless (a) the APR changes by 1/8 of 1%, or (b) the loan product changes, or (c) a prepayment penalty is added. In any of those three instances, a re-disclosure must be received by the borrower three business days before consummation, meaning that consummation would be delayed. Fourth, the “tolerance levels” are kept intact; however, some of the items falling within the “buckets” will be changed for loans that require the disclosures. RESPA / TILA — continued on page 10 9 RESPA / TILA — continued from page 9 In the zero tolerance bucket; there can be no increase for any item in this bucket in the amount paid at closing over the estimated amount on the loan estimate form for borrower paid: • Charges paid to the lender and/or broker for their own fees, such as origination charges; • Transfer taxes; • Fees paid to an affiliate of the lender or broker for a service required by the lender (this is a change from the current tolerances); and • Fees paid to an unaffiliated service provider for a service required by the lender if the borrower was not allowed to shop for the provider (which is not a zero tolerance item under current HUD regulations) In the 10 percent bucket, charges for services that can increase, but by no more than 10 percent in the aggregate are: • 10 Fees paid to an third-party provider not affiliated with the lender for a service required by the lender if the • lender permitted the borrower to shop and the borrower still selected off the lender’s provider list; and Recording fees paid by the borrower Changes that can increase by an unlimited amount over the estimated amounts on the loan estimate form include: • • • • • Prepaid interest; Property insurance; Amounts for escrow deposits (taxes, insurance); Fees paid to third-party providers selected by the borrower and not on the lender’s list of providers; and Charges paid for third-party services not required by the lender The lender can issue a revised Loan Estimate if a “changed circumstance” occurs. If a “changed circumstance” occurs causing an increase in charges above the applicable “tolerance level” the lender must provide an updated loan estimate form within three business days after having knowledge of the change. Examples of “changed circumstances” that would allow for revisions in the loan estimate include: • The consumer asks for a change; • Information provided in the application was inaccurate or has changed since the application; • New information as to the consumer or transaction is provided that the lender had not relied on; • The Loan Estimate expires; • Interest rate dependent charges (when the rate is locked by the consumer, lender must provide revised loan estimate showing all such changed charges); and • Extraordinary event occurs beyond the control of any party It is critical to start now on system changes, training (to include how to complete the new forms), policy and procedures/ processes. It may seem like the mandatory compliance date of Aug. 15, 2015, is far off, but the clock is ticking and there is a lot of work to be done. n www.uba.org Let your voice be heard ! (without revealing your identity) By taking our survey you are providing anonymous feedback that will be used to hold regulators accountable. More than 2000 bankers have already participated. Take a stand. Take the survey. Take the RFI survey at www.allbankers.org * *RFI = Regulatory Feedback Initiative Utah Bankers Association a proud member of Who Will Start the Revolution? By Brett Jackson, CEO, Systemax Corporation W hat does our industry need? In my opinion and based on the last few decades of working with financial institutions is…honestly…a revolution. Now I know that’s a big term to toss at you, but stay with me. The hard part about changing the way the world views something is often in getting it started. It’s creating that spark. But even then, the work isn’t done. Once the spark ignites and you begin to see smoke, you have to work even harder to create that one glowing ember. Because once you have that, it catches fire and you just keep feeding it so it burns and burns. The revolution that I’m talking about, the spark that banking desperately needs is to redefine the purpose of a bank. To change the way we are thinking about the services you really offer to your customers. For centuries, the primary and secondary purposes of a bank have been to function as a safe place to keep your dollars (if you have extra) and a good place to borrow dollars from (if you have a need). And in the eyes of most people – not much about the banking industry has changed. 12 While this purpose is the essential function of a bank, it too often drives the goals and actions of the marketing department: We have too much money so we run an auto loan promotion, or worse even--we just run one because it is that time of year. But this is what we need to reexamine. What business are we in? Are we a place that stashes away people’s treasures? Are we a place that helps people buy things? Maybe we aren’t even a place at all – maybe we are just an online banking screen that shows people their balances. What if our primary purpose wasn’t any of those things? What if we started something that would ignite a spark within our customers, something that would encourage them to come back to us again and again to stoke the flame? What if it was based on that very thing that nearly every bank on the claims as the thing that sets them apart from the competition: customer service, but we took that concept to a new level and really truly and meaningfully helped our customers to realize their financial goals. And the best part is—that in doing so, we would inevitably strengthen the bank and increase our bottom line. So let’s break it down into steps to achieve this: 1. Call your customer and tell them, “we want to share some ideas that we share with our best customers, when can you come visit us?” 2. Talk to the customer about their goals. • What do they have going on in their life? • What are their dreams? • What do they want to accomplish in life. 3. Create a plan for them to achieve their dreams with the help of your bank. It’s a simple change, but one that will change the way your customer looks at you, how the community looks at you, and will ultimately lead to how you can change your community. Here is the strategy behind the concept: • Make your customer feel like they are important to your bank. Let me allow that to sink in, ‘cause it sounds, simple in theory, but is the foundation for this. Making a customer feel that they are important to you is absolutely essential for creating a www.uba.org • • • • genuine connection, as most customers, especially those in the millennial generation view banks as fee hungry establishments who are only interested in making money off them. And this is where your bank sets apart from the bank down the street. You’ll be interested in helping them get a hold of their dreams So how do you do this? Sit down with someone to have an in-depth talk with them about their overall financial health. Discuss where they want to be. Then, discuss where they are. Create an account for your customer using software like Mint.com that aggregates their spending from all their accounts across all financial institutions. While you create this with your customer you’re going to see all of their information, like loans with other banks, investment accounts with other financial institutions, credit cards with your competitors…and we’ll get to the beauty of that aspect in a second. Now, build a budget with your customer to accomplish their goals. The Mint software should make this easy. And then relate it back to their goals. If they are currently living within their means, • • fantastic. However, we all know that most individuals are not, so this is when the meaningful part of the job comes in. So, now you have given them a road map to follow to help them reach their financial goals. You can even set up spending alerts (through Mint and your bank) to keep them on the right track. And then you can suggest ways for them to situate themselves even better: you can show them how refinancing that mortgage that is currently with Mr. Big Bank will save them $200/Month. Maybe they can save money by switching to your Auto Loan. Perhaps you can offer a special rate for a money market savings account at your bank that puts them in a better position to reach their goals. And this is the part where they hug you, because up until this point, no one – and certainly not a bank – has invested this kind of time and interest in their financial success. So, you have a really happy, determined customer in front of you, and that feels great (leading to increased job satisfaction for your employees), but also, it improves the position of your bank as well. Most banks only haves 3-4 of a given individuals financial products. But average individual has 12 financial products – just spread out at different places. This strategy, though, gives you the resources to gain 100% of your customers’ business. • Okay, so now you’re ready to end the meeting – but before your customer heads out the door, set up a time to review how they are doing in 6 months. This next meeting will allow for review of their spending and budgets with them, guiding them through changes if need be. • And reconnect with the customer every 6 months. These scheduled check-ins also serve as an opportunity to hear about what is happening in their life and to plan for the less-distant future and make changes within the scope of their larger financial goals. This strategy provides a meaningful way to attract and retain customers from any age group and can easily be modified to include and appeal to businesses. Not only do you capture their business (score 1 for the bank), but you start them out on the path of life with financial wisdom and a plan under their feet (which makes them love you. And love for banks is something our industry could use some more of). You have sparked their fire for financial independence, and as an added benefit, they are far less likely to fall delinquent on their loans. Redefining the purpose of your bank with this kind of a strategy will set you apart from everyone else in your market. It’s no longer about who has the lowest interest rate, or the most ATM locations. It’s about who has real concern for the financial health and success of our communities, of our neighbors – those customers we see every week. Also, you will be able to capture more share of the wallet from your existing customers, and I’d argue, their next generation. And this renewed vision comes with easy indicators for the type of people you want to employ—those who genuinely want to make a difference in people’s financial lives. Now, it makes marketing more tricky than just rolling out an IRA campaign because it’s April – but it allows you to know exactly who in your customer base could benefit from an IRA and gives you an established relationship through which to secure it. So now that we’ve covered the how, the questions turns to “Who?” Who is willing to redefine and create the spark? Who is willing to keep going after that to create enough friction to ignite a burning ember? Because whoever does will build a fiscally strong customer base, and your fire will burn longer. Hotter. You’ll melt the competition. n Brett Jackson, CEO, Systemax Corporation, [email protected] summer 2014 13 If It Had Been Documented O Commercial Reasonab Documentation in Adva to Reduce Litigation Ex By Steve Waterman, Partner of the law firm of Dorsey & Whitney LLP I n a 1931 collection of essays published in the United Kingdom under the title “If It Had Happened Otherwise,” a group of respected historians considered alternate versions of historical events. Notably within the collection was one written by Winston Churchill entitled “If Lee Had Not Won the Battle of Gettysburg.” The essays were not a different perspective of the facts but alterative fictional facts that would have changed the course of history. At times as I review documents of defaulted loans I wonder if, only if, the loan had been documented otherwise. For dysfunction we use the idiomatic phrase that “the left hand doesn’t know what the right hand is doing.” Because I practice law within a finance and restructuring group, some do loan documentation or front-end work, and others do default work or back-end work. The same is true for lenders: some doing front-end origination work and others being back-end special assets work. At times, the front-end does not know what the back-end is doing. A better understanding of one major back-end issue may result in a better front-end product and save us from asking “if.” The most common defense of an obligor to a deficiency action in a non-real estate secured transaction is that the sale of the collateral was not commercially reasonable. Article 9 of the Uniform Commercial Code1 requires that “every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, must be commercially reasonable.”2 If unchallenged by a debtor, then commercial reasonableness of the disposition is presumed.3 However, once the debtor asserts commercial reasonableness, then the lender must prove that the disposition was commercially reasonable.4 Establishing compliance is costly. The obligation cannot be avoided by a waiver in the loan documentation because the UCC invalidates pre-default waivers of commercial reasonableness.5 The UCC describes three types of non-judicial dispositions that are commercially reasonable. If the sale is: (1) in the usual manner on any recognized market; or (2) at the price current in any recognized market; or (3) in conformity with reasonable commercial practices among dealers in the type of property.6 The term recognized market applies to References in this article are to the Uniform Commercial Code (“UCC”), as adopted in Utah. Instead of litigating the third standard, one option lenders should consider is contracting in the loan documents the standards for determination of commercial reasonableness. This must be done at the outset of the transaction the front-end. The security agreement is something more than prescribed legalese for the creation of a security interest. Lenders may contract with debtors in the security agreement on the post-default standards for commercial reasonableness of a collateral disposition. The UCC permits lenders and borrowers to agree upon standards measuring compliance with commercial reasonableness, provided those “standards are not manifestly unreasonable.”7 The drafters of the UCC leave to the courts to determine what is manifestly unreasonable but that may be easier to divine than commercial reasonableness and costs less to litigate.8 Drafted standards for commercial reasonableness are subject to the general UCC § 9-602 (2010). 1 5 Utah Code § 70A-1-101 et seq. 6 UCC § 9-627 (2010). UCC § 9-610(b) (2010). 7 UCC § 9-603 (2010). UCC § 9-626 (2010). 8 See Morgan Buildings and Spas, Inc. v. Turn-Key Leasing, Ltd., 97 S.W.3d 871 UCC § 9-626 (2010). (Tex.App. 2003). 2 3 4 14 very few sales, meaning that lenders are generally required to satisfy the third alternative. The litigation cost to prove conformity with reasonable commercial practices is expensive. www.uba.org Otherwise: bleness ance xpense UCC requirement of good faith, which is “honesty in fact and the observance of reasonable commercial standards of fair dealing.”9 Two loan situations are particularly appropriate for agreed standards: repetitive uniform collateral transactions vehicle inventory that provided for a sale to the highest offeror of three or more automobile dealers. Upon the post-default disposition of the collateral, the dealer and its guarantor challenged the commercial reasonableness of the disposition. The lender obtained summary judgment. The dealer and guarantor appealed. The Seventh Circuit Court of Appeals upheld the commercial reasonableness of the sale because it was the contractual standard set forth in the security agreement. The second situation is with respect to specialized types of collateral that upon default pose problematic disposition methodology. What is a commercially reasonable disposition of custom equipment or equipment with a limited market of potential buyers/users. For example, the equipment is one of only ten machines in the US but currently in great demand by the ten users of that process. In three years, a new process is in place and only those nine other users could possibly use the equipment. Another example; what is a commercially reasonable disposition of stock of a closely held “Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, must be commercially reasonable.” and specialized collateral transactions. Repetitive uniform collateral transactions are those in which a lending institution routinely lends on the same type of collateral. In these situations, the lender is more knowledgeable about the disposition methods for the type of collateral and can develop standards for its disposition. Illustrative of a repetitive uniform collateral transaction is an automobile dealer flooring line. In a reported case, Ford Motor Credit Company10 had a flooring line with a dealer. The security agreement stated the standard for a commercially reasonable disposition of the 9 business or small family business. How is the disposition advertised or the sale conducted? The security agreement can articulate the standards for advertising and sale. Thus, those responsible for loan documentation at the outset must consider how collateral would be sold in the event of default. This is not planning for failure but planning if there is failure. It is engaged thought to protect the lender from the outset, instead of using a standard form that treats a Ford the same as a Bugatti. Most lenders have concern about the post-default marketability of collateral but many do not take the next step to evaluate how it would be marketed and the conditions of the disposition. Incorporating standards for disposition into the security agreement which the UCC permits will avoid litigation costs later. Lender agreement with the borrower at loan inception is the key. In one case, the Fourth Circuit held that the disposition of collateral was commercially reasonable because the secured party took title to collateral for an independently appraised value, because that was the agreed standard in the security agreement.11 One caveat must be mentioned. If standards are established in the security agreement and the lender fails to comply with them, then the lender will lose. Nevertheless, lenders may save money in the long run by contemplating disposition methodologies in advance and drafting standards for commercially reasonable disposition of collateral as part of the negotiated documents with the borrower at loan origination. Alternatively, lenders could write cases studies entitled “If Only the Security Agreement Had Defined Disposition Standards.” n Steve Waterman is a partner of the international law firm of Dorsey & Whitney LLP, experienced in bankruptcy reorganizations, Uniform Commercial Code litigation, Lanham Act enforcement litigation, receivership cases, insurance company liquidation, tribal insolvency, and stock brokerage liquidations under the Securities Investor Protection Act, Steven T. Waterman focuses his practice in the area of creditors’ rights, commercial litigation, and insolvency proceedings. Steve has litigated cases in a number of Federal, Tribal, and State trial and appellate courts. He is co-Chair of Dorsey’s Financial Restructuring and Bankruptcy practice group and a member of the Indian and Gaming practice group. Steve has been honored as one of the Best Lawyers in America in Bankruptcy and Creditor-Debtor Rights Law and is peer review rated AV by Martindale Hubbell, among other honors. He has presented locally, regionally, and nationally to various groups with respect to insolvency, trial and valuation issues. He is currently an Adjunct Professor teaching secured transactions at the J. Reuben Clark Law School at Brigham Young University. Steve may be reached at [email protected] or 801-933-7365. For relaxation, Steve enjoys wildlife and Milky Way photography. UCC § 1-201(b)(20) (2010). 10 Ford Motor Credit Co. v. Solvay, 825 F.2d 1213 (7th Cir. 1987). Burns v. Anderson, 123 Fed. Appx. 543 (4th Cir. 2004). 11 summer 2014 15 Utah & Montana Bankers Association’s 2014 Convention B ankers from across Utah and Montana joined together for the Utah & Montana Bankers Association’s 2014 Convention. This year’s convention was held June 29-July 2 in Sun Valley Idaho. The banking landscape is changing, and those who attended the convention took a look at strategies for surviving and thriving in the months and years to come. Each year the vendor expo is the hub of activity as bankers arrive and register. Thirty eight exhibitors lured attendees to their booths for a chance at a one on one conversation with prize drawings, bean bag toss and a casino wheel, just to name a few. Plus attendees that visited each booth and deposited a business card were entered into the grand prize $1,000 Visa card which was ultimately won by Eric Wright, Rock Canyon Bank. As the sun set and the mountain breezes blew, attendees and guests gathered at the beautiful Trail Creek Campground for a delicious western BBQ. On Monday things got down to business. The opening speaker was John C. Williams, Chairman, Federal Reserve Bank of San Francisco. Following Mr. Williams, a Washington Update provided by ABA Chairman, Jeff Plagge. After a delightful BBQ lunch at the Sun Valley Lodge Terrace, Anthony Chan Ph.D., Chief Economist, JPMorgan Chase, spoke on the economic outlook and was followed by Patrick Bettin, Ph.D., Senior Lecturer, Michael G. Foster School of Business, who gave an inspiring speech about leadership that shapes the future. 16 For families and bankers alike, perhaps the highlight of the day was the famous and traditional UBA Bingo event. Over 500 bankers, spouses and family members joined in for an afternoon of fun and prizes. Tuesday was open for recreation including trap and skeet shoot, bowling, ice skating, bicycle riding and paddle boats. The annual UBA golf tournament also took place and this year’s winning team included Randall Gaston, Prime Alliance Bank, Jeff Gaston, Jason Price, Prime Alliance Bank and Chandler Price. The annual Chairman’s reception and dinner gala were held on Tuesday evening. Outgoing Chairman Anthony Hall was honored and ten bankers were honored with 40 Year Service Awards (see page 18). The evening was topped off with family entertainment provided by Brass Transit in the beautiful Sun Valley Pavilion. Wednesday morning bank CEOs and past chairmen met for a planning session for the coming year. Later in the general session, Virginia Heyburn, Senior Vice President of Strategic Insights, Fiserv, spoke about today’s technology landscape and its management challenges. Following Ms. Heyburn, the much anticipated Scott Farris, Author, took the stage and gave lessons from success and failure in presidential politics. A special thanks goes out to the vendors and sponsors that made this year’s event possible. www.uba.org Thank you Convention Exhibitors Aerotek/TEK Systems Agri-Access Allied Solutions The Baker Group BANCSERVE, Inc. Bank Financial Services Group Bank Trends Bankers’ Bank of the West BMA Banking Systems Compliance Alliance CTA Architects Engineers D+H DEI Incorporated Diebold, Incorporated Dorsey & Whitney Eide Bailly LLP Express Recovery Services Fiserv Inc. FPS Gold Frontline Processing Galusha, Higgins & Galusha, PC Harland Clarke Lendio LERETA, LLC Moss Adams LLP Office Depot Business Solutions Pacific Coast Banking School Promontory Interfinancial Network, LLC Reich & Tang Shay Assets Management, Inc. Systemax Corporation Tanner LLC Travelers Insurance United Bankers’ Bank Universal Business Insurance, Inc. Utah Center for Neighborhood Stabilization Western Independent Bankers Association Zions Correspondent Banking Group Special Thank you to the following Generous Sponsors Marquis Sponsor Zions Correspondent Banking Group Diamond Sponsors BMA Banking Systems Eide Bailly Federal Home Loan Bank of Seattle Fiserv United Bankers’ Bank Platinum Sponsors Bankers’ Bank of the West Chase Dorsey & Whitney FPS Gold Frontline Processing Galusha, Higgins & Galusha Moss Adams LLP Mountain West Small Business Finance Pacific Coast Banking School Piper Jaffray & Co. Promontory Interfinancial Network, LLC PwC Ray Quinney & Nebeker P.C. RR Donnelley Sandler O’Neil + Partners, L.P. Tanner LLC Gold Sponsors Harland Clarke Silver Sponsors BRAUN Corporation EverFi Financial Education Jones Waldo Parsons Behle & Latimer PCBB Travelers Insurance summer 2014 17 40 Year Service Awards T en bankers were honored with 40 Year Service awards at the Montana & Utah Bankers Associations’ 2014 Convention held in Sun Valley in June. Honored at this year’s event were: Heidi Bleggi, Executive Vice President, American Bank of Commerce, Steven Buchanan, Vice President & CEO, Gunnison Valley Bank, Anthony Jon Hall, President & CEO, Lewiston State Bank, David Hemmingway, Executive Vice President, Zions BanCorp, Wendy Holloway, Senior Vice President, Utah Bankers Association, Jeffery J. Marchant, Board Member, State Bank of Southern Utah, Renee Miller, VP Branch Manager, Zions Bank, H. Don Norton, President & CEO, Capital Community Bank, Lamont Tingey, EVP & Chief Retail Officer, First Utah Bank, David VanWagoner, Vice President & Trust Officer, Zions Bank. Honorees were awarded with a plaque and recognized at the Chairman’s Dinner held in conjunction with the event. years of continuous service in banking, be currently employed by a member institution, meet the established criteria for the award and be nominated by their Bank’s CEO. The Award is designed to honor bankers within the banking industry who have given their time and service to the benefit of banking. To be eligible honorees must have achieved 40 We would like to express a special thanks to these 10 individuals for their long standing service to the banking industry. Congratulations! Growing your balance sheet while mitigating your interest-rate risk. It’s a delicate balance. Let your cooperative help. Find out why so many community bankers use our duration-certain funding solutions to complement their liquidity position and support their long-term growth. Let’s talk about how we can tailor our solutions to address your business strategy. Contact: Chris Thomas VP/Business Development Team Manager 206.340.2370 [email protected] Eric Jensen Business Development Officer 206.340.2489 [email protected] 18 www.uba.org Line Up of Upcoming UBA Educational Events FDIC Community Bankers Workshop, September 18, 2014 ~ Little America Hotel, Salt Lake CRA Conference, September 25-26, 2014 ~ Cliff Lodge, Snowbird Resort Fall Compliance Conference, October 21-23, 2014, ~ Zermatt Resort, Midway Leadership Conference, November 20, 2014 ~ SLCC, Miller Conference Center, Sandy Ag Outlook and Conference, January 2015 TBA ~ USU, Logan Bank Executive Winter Conference, February 5-6, 2015 ~ Marriott City Center, Salt Lake City Also, registration opening soon for the third class of the yearlong UBA Executive Development Program, convening in January 2015. Check the UBA website, www.uba.org for additional information and to register for all events. Attorney advertising material. Focused on Finance. Invested in Utah. • Commercial Lending • Mergers and Acquisitions • Consumer Finance Litigation • Bankruptcy, Restructuring, and Workouts • Real Estate and Environmental Law • Securitization and Structured Finance • Securities and Regulatory Compliance • Tax-Exempt/Taxable Bond Financings Talk to us about your next project. James C. Burr 801.536.1447 • [email protected] Adelaide Maudsley 801.320.6731 • [email protected] 201 South Main Street, Suite 2000 Salt Lake City, Utah 84111 801.533.0066 chapman.com summer 2014 19 Bank Kudos ALLY BANK ALLY BANK CELEBRATES FIVE YEARS OF GROWTH; DEEPENS COMMITMENT TO UTAH COMMUNITIES Ally Bank is headquartered in Midvale, Utah. Its Utah-based employees support the company’s Finance, Risk, Auto, Compliance and Community Reinvestment Act activities. The Bank marked its fifth anniversary recently, achieving a 30% average annual growth rate in both retail deposits and new customers since its 2009 launch. As of June 30, the Bank had 854,000 customers and retail deposits of $45.9 billion. Recognized by MONEY® Magazine as “Best Online Bank” for three years straight, Ally doesn’t have branches, allowing it to offer great rates and leading deposit products, service and technology. Consumers enjoy flexible, FDIC-insured deposit products, no monthly maintenance fees or minimum deposit requirements, daily compounded interest, and 24/7 customer service through its award-winning call center. Ally has also grown its commitment to the greater Salt Lake community through a broad spectrum of community development activities involving volunteerism and financial support to many organizations that assist disadvantaged communities. Recently, board members and management packed weekend lunch bags for summer school students of Guadalupe school who live below the poverty line. The Bank also presented a donation to Guadalupe for its capital campaign and will be participating in a loan for their new school building. n BANK OF AMERICAN FORK BANK OF AMERICAN FORK FINANCIAL INSTITUTION IN UTAH TO BE RECONIZED FOR PROTECTING SENIORS, SUPPORTING CAREGIVERS The Utah Division of Aging and Adult Services has presented Bank of American Fork with the first-ever Award for Age-friendly Banking, in recognition of the bank’s indus- 20 try-leading work in creating a culture, products and services that protect seniors. “The division is so pleased at the foresight Bank of American Fork has shown in serving seniors,” said Nels Holmgren, director of the Utah Division of Aging and Adult Services. “The products the bank offers provide such peace of mind for both seniors, as well as the family members who care for them. Our office can do a lot to protect seniors, but there are limits to things that government can and should do. In Bank of American Fork, we have a community partner with which we can work to ensure the seniors of our state receive the care they deserve.” “I’ve seen more than one heartbreaking example of seniors who’ve suffered financial devastation at the hands of both strangers and those closest to them,” said Richard Beard, president and CEO, Bank of American Fork. “We will continue to work closely with the state to provide products and expertise that safeguard seniors and offer caregivers tools to help protect their loved ones.” UTAH’S COMMUNITY BANK LEADER SEES SMALL BUSINESS LENDING AS KEY TO ECONOMIC GROWTH Bank of American Fork has been selected by the U.S. Small Business Administration as the most active medium-sized lender (between $200 million and $1 billion in assets) in the Utah District Office 504 Third Party lending category for Fiscal Year 2013. In Fiscal Year 2013 (October 1, 2012 – September 30, 2013) Bank of American Fork made SBA 504 loans totaling $7,834,840. The recognition was presented by Stanley Nakano, district director, U.S. Small Business Association, Utah District Office. “One of the most vital functions community banks serve is helping small businesses grow and thrive,” said Richard Gray, senior vice president of SBA lending at Bank of American Fork, who accepted the award on behalf of the bank. “As an organization deeply invested in the neighborhoods where we live, work and raise our families, Bank of American Fork is proud to partner with local companies to strengthen the financial vibrancy of our communities and the state.” BANK OF AMERICAN FORK ADDS ONLINE APPLICATIONS Bank of American Fork recently added online features that allow customers to apply online for a credit reserve account or a credit card* and submit their personalized images for credit and check cards. www.uba.org The new online application for credit cards will provide quicker—instant, in some cases—approval for qualified credit card applicants. Customers can apply online for a VISA® Platinum Credit Card, VISA® Classic Credit Card or Credit Reserve. “Bank of Utah experienced an excellent year in 2013,” said DeFries. “And, one way to show our appreciation to our customers is to give back to those communities in which we serve, through donations of time and money.” “We’re excited to offer these online features that speed up the application process for customers who want to do more of their banking at home or on-the-go,” said Art Porter, manager of Bank of American Fork’s bankcard department. “It will also mean that our busy customers can apply for a card without ever having to drive to a branch or mail an application.” Bank of Utah’s contributions included donating service hours to organizations such as The YMCA, the Boys and Girls Club, and the English Language Center of Cache Valley, Inc.; providing athletic and academic scholarships for Weber State University, Utah State and Utah Valley University; serving in leadership positions in community organizations including the Family Counseling Services of Northern Utah, the Family Support Center of Ogden and the Ogden Housing Authority; supporting the Economic Development Corporation of Utah in its effort to bring in new out-of-state business; providing free tax return preparation services at Cottages of Hope and United Way agencies; and teaching business finance principles to small business owners through LDS Employment Center and SCORE. n *Subject to credit approval. VISA®, the name VISA and VISA (stylized) are federally registered trademarks of Visa. BANK OF AMERICAN FORK DONATES $11,000 TO POLICE K-9 Bank of American Fork donated $11,000 to the American Fork Police Department to help purchase new dogs for the department’s K-9 program. The bank, along with other local businesses and residents, has raised $23,800 toward the total goal of $30,000. The American Fork Police Department has used K-9 units for more than 15 years. For the last seven years, police service dogs Wolf and Duco have worked side-by-side with Officers Russell Bishop and Ryan Archuleta to keep drugs off the streets, and deter and detect crime in neighborhoods. At 63 (dog) years, Duco and Wolf are beginning to suffer from arthritis and other age-related problems, and need to retire. Last fall, the department launched a campaign to raise the $30,000 needed to purchase, train and equip two new service dogs to carry on Duco and Wolf’s legacy. “Wolf and Duco have been instrumental in protecting and serving the citizens of American Fork and Cedar Hills,” said American Fork Police Chief Lance Call. “Thanks to their efforts, officers have seized tens of thousands of dollars in drugs and paraphernalia, and have apprehended multiple suspects. The generosity of Bank of American Fork and many others will allow us to continue this very important work.” BANK OF UTAH BANK OF UTAH REPORTS DONATING NEARLY $100,000 TO LOCAL COMMUNITY CAUSES AND SCHOLARSHIPS IN 2013 Bank of Utah President Douglas L. DeFries announced donating nearly $100,000 to community organizations within its 13-branch footprint in 2013. Bank employees also gave back to their communities by donating 660 service hours to various charitable organizations. summer 2014 BANK OF UTAH MAGAZINE RECEIVES EXCELLENCE IN PUBLISHING AWARDS The Bank of Utah client magazine, Success Insights, was recently awarded two Excellence in Publishing awards from the 2014 Communicator Awards, and the 2014 Hermes Creative Awards. Both these competitions are international, and each typically accept between 8,000 and 14,000 entries from all over the world. Entries come from corporate marketing and communication departments, advertising agencies, PR firms, graphic design shops, production companies, web and digital creators and freelancers, all representing clients from small innovative companies, to academic campuses to Fortune 500 companies. The Communicator Awards look specifically towards quality in content, while the Hermes Awards speak to overall excellence in the look and feel of the brand. The Bank of Utah’s Board of Directors and marketing committee is pleased with the warm reception their magazine has enjoyed since its premiere issue in early 2013. The feedback from our clients, colleagues and prospective clients has been extraordinary, and the multiple excellence in publishing awards that the magazine has received in the past years support their belief that the magazine provides valuable insight and information to the bank’s readership. n BRIGHTON BANK 5TH ANNUAL PIONEER DAY – FEED THE HOMELESS BBQ Brighton Bank, Salt Lake City, teamed up with The Bleeding Hearts Foundation, Wadsworth Construction and Control 4 to sponsor the 5th Annual Pioneer Day – Feed the Homeless BBQ in the downtown area of the city. The event was held on July 24th as the family shelter and most others are closed for the holiday and do not feed the homeless population on that day. 21 Tracy Barnes, the founder of the Bleeding Hearts Foundation, heard about the homeless families and wanted to help them out. She began partnering with Brighton Bank in 2012 for the BBQ. The sponsors provided a holiday event for the homeless providing compassion and hopefulness to an often forgotten population. This year, over 1,300 hot dogs were served along with chips, granola bars and drinks. There were also 100 feminine hygiene kits, 200 quick clean kits, 250 pairs of flip flops distributed along with gently used clothing. A group of approximately 50 volunteers cooked, handed out food, restocked supplies, provided a face and ceramic painting station and even entertained the crowd with live guitar music, singing and a string quartet. Brighton Bank and Control 4 generously provided the food and water. The Bank and its employees truly lived up to being a community bank that cares about building strong ties with our community. Giving back to the community is part of what defines Brighton Bank as “Your Community Bank.” MILLIE’S PRINCESS RUN 2014 Brighton Bank one again served as a sponsor for the 2014 Millie’s Princess Run was held on June 21st at 7:45 in Sugar House Park. Millie’s Princess Foundation is dedicated to providing financial support and hope to families affected by childhood cancer, as well as raising awareness about the devastating effects of this disease. n FIRST UTAH BANK First Utah Bank was chosen by Utah Diversity Connections as the medium-sized company to receive the Utah Diversity Connections Award on June 24, 2014. Utah Diversity Connections established the Utah Business Diversity Award to recognize businesses in Utah who embrace diversity as a fundamental element of their organization. The award is a way to recognize creative and innovative strategies that promote and advance the concept and spirit of diversity and inclusion within their organization. n TAB BANK TAB BANK PROVIDES $15.6 MILLION IN TRUCKING EQUIPMENT LOANS IN 2014 2ND QUARTER TAB Bank provided $15.6 million in trucking equipment loans for 17 transportation companies during the 2nd quarter for 22 2014. Based in different regions of the country, these companies represent a broad spectrum of trucking entities including one-truck owner-operators and small and large fleets. “We continue to see the numbers for Class 8 truck sales and trailer sales trend up throughout the first two quarters of 2014. Obviously this is a great sign for the trucking industry as well as the overall economy. Our portfolio of financing trucking equipment is consistent with this growth. Our funding activity for trucking equipment in the 1st quarter for 2014 was up 39% from the equipment deals we funded in 4th quarter of 2013. This upward trend has continued, as we experienced a 24% uptick from 1st to 2nd quarter. We are excited with these positive trends and look for them to continue in the coming months,” stated Jan Allen Ackley, Chief Lending Officer for TAB Bank. n U.S. BANK STUDENTS AT ROSE PARK ELEMENTARY LEARN SAVVY SAVINGS LESSONS FROM U.S. BANK Students at Rose Park Elementary in Salt Lake City learned savings lessons from U.S. Bank. The fun and engaging savings lessons took place from 12 p.m. until 1 p.m. on Friday, April 11, and were part of the 18th annual Teach Children to Save Day, a nationwide education campaign promoting useful money and savings habits to students. U.S. Bank employee volunteers from Salt Lake North District met with 225 K – 4th grade classes. Rose Park Elementary is located at 1105 West 1100 North. “The students enjoyed the savings lessons from U.S. Bank,” said Damon Miller, market president of U.S. Bank in Utah. “The lessons were interactive, fun and timeless. They learned savings lessons that will be useful for many years.” Across the company, many U.S. Bank employees will meet with local youth to explore ways to save money by budgeting, “living green”, understanding the difference between needs and wants, how to identify expenses, trade-offs and ways to cut spending. Teach Children to Save Day takes place Friday, April 11. Some bankers will meet with students on other days. This year, U.S. Bank is partnering with the Securities Industry and Financial Markets Association (SIFMA) and the SIFMA Foundation for a new initiative called Invest it Forward. It is designed to help youth understand how the capital markets work, and how to harness it for their own benefit – to save and invest for an education or to start a new business. n www.uba.org Bankers on the Move John Allen was hired to originate leads and will be responsible for developing business relationships for Bank of American Fork’s new St. George branch. Allen has 45 years of commercial banking experience, with 39 of those years in Washington County. Lindsay Arnoldson was recently promoted to assistant operations manager at Bank of American Fork’s main branch, after working in various branches as a part-time teller, float teller, and most recently, a new accounts representative. Richard Beard, President and CEO, People’s Utah Bancorp has been named the chairman of the board for the Western Independent Bankers’ Association. His experience with and passion for community banking has positioned him to help WIB support community banks throughout the western United States. Jared Dallin has been named Credit Analyst by Capital Community Bank. The Bank has expanded its operations model by creating a new Credit Analyst position to implement internal training and development within the Bank. Jared has had five years of banking experience and has been with Capital Community Bank since November 2013. Steven Drakulich was recently hired by Bank of American Fork as a commercial loan officer, after being in the banking industry for more than a decade. After graduating from Utah Valley University with a degree in finance, he worked as an assistant branch manager at Washington Mutual, then moved to American West Bank as the commercial underwriting manager for seven years. Mike Draper was recently promoted from Bank of American Fork’s branch administration specialist to the branch operations manager for the bank’s recently-announced St. George branch. Draper will take the lead on customer service and help ensure that Bank of American Fork offers the same small-town service it has been known for since its first branch opened in 1913. Mary Foster has been hired by Capital Community Bank as Lending Compliance Officer and CRA Officer. Foster has over 25 years of experience in banking, including branch management, lending, sales, deposits and operations. Foster will be an integral part of the overall risk management function of the Bank. Steve Hallows, Sr. Vice President is now with Heber Valley Bank, Heber City, UT. With over 12 years of commercial lending experience and five years of mortgage banking, he will be a great asset to the bank. Steve is a graduate of Utah State University, 1997. Having been raised in the Heber Valley, this has been a wonderful fit for Steve to join our organization. C. Ray Hines has joined Tab Bank’s business development team as Vice President and Business Development Officer. Ray will be based in Cleveland, OH and will be responsible for sourcing new business opportunities by providing asset-based and factoring working capital facilities to commercial entities with annual revenues of $2 million to $150 million. Shariq Khan has joined First Utah Bank as a VP/Credit Underwriter with over 15 years of experience in commercial and consumer finance. Todd B. Lewis has joined Capital Community Bank’s Provo Office as Vice President/Commercial Loan Officer. Lewis is a graduate of BYU. He has over ten years of experience in investment, acquisition and development, commercial, construction and residential lending, as owner of Cascade Finance, Inc. Jeremy Lowry has been hired by Zions Bank as Senior Vice President of Residential Lending. Lowry oversees all aspects of residential lending, supervising mortgage bankers and managing loan underwriting and structuring. He has a decade of banking experience and earned his undergraduate degree in economics and political science from the University of Utah. Nathan Farnsworth has assumed the role of VP/Leasing Department Manager for First Utah Bank. summer 2014 23 Kristin Oliver was recently hired as a mortgage loan officer at Bank of American Fork’s Sandy branch, glad to return to Bank of American Fork and eager to use her 10 years of mortgage industry experience. Oliver began her banking career with Bank of American Fork as a loan secretary in Riverton, became a mortgage loan processor in the American Fork branch, then moved to Bank of Utah as a lead mortgage processor for two years. Lindsey Paulson has been named Credit Analyst by Capital Community Bank. The Bank has expanded its operations model by creating a new Credit Analyst position to implement internal training and development within the Bank. Lindsey has been a member of the Capital Community Bank team for ten years. Jeff Peadon has been hired by First Utah Bank as a Credit Underwriter with a focus on SBA lending. Mike Price has joined First Utah Bank’s Credit team as a Credit Analyst. Jeff Rauth has been hired by Celtic Bank as Vice President of Business Development in the bank’s SBA and Commercial Lending Department. Rauth will be based in Troy, Michigan. Rauth joins Celtic Bank with more than 15 years of experience working in the commercial real estate and financing sectors. Don Rudy has been hired as the First Utah Bank’s VP/Special Assets Manager. tegral part of the overall risk management function of the Bank. Smith joins Celtic Bank with more than 11 years of experience working in the real estate acquisition and commercial financing sectors. Bradley Stucki was hired to be the branch manager of Bank of American Fork’s St. George branch when it opens on August 18 and will oversee the branch in offering products and services that fit the St. George community. His experience comes from more than a decade in commercial and industrial lending and commercial real estate lending. Melissa Wank has been selected as Vice President and Chief Financial Officer of The Pitney Bowes Bank. Melissa comes to the Bank with over 15 years of audit, compliance and accounting experience at Pitney Bowes Inc. In addition, she previously worked as an internal auditor at Credit Lyonnais and UBS AG. Alyson Williams has been hired as director of the Zions Bank Business Resource Center. Williams is a retired U.S. Air Force Master Sergeant and a former financial advisor with small business experience. Williams earned her undergraduate degree in business management from Park University and holds a master’s degree in human resource management and human resource development from Webster University. Pauline Vosburg has been hired by First Utah Bank as Senior Vice President & Credit Department Manager and brings over 28 years’ experience in Commercial and Consumer Credit analysis and underwriting, Risk Management, Operations Policies/ Procedures, Relationship Management and general Banking Operations to her new role. n Ben Smith has been hired by Celtic Bank as Vice President of Business Development in the bank’s SBA and Commercial Lending Department. Smith will be based in Salt Lake City, Utah and will report to Tom and operations. Foster will be an in- 24 www.uba.org ® Celebrating 140 Years Van Cott, Bagley, Cornwall & McCarthy, P.C. A WORLD READY LAW FIRM Established in 1874 • Appellate • Banking & Financial Services • Business Organizations • Construction • Criminal Defense, Trials & Investigations, Criminal Appeals • Eminent Domain • Litigation • Media Communications • Mediation/Arbitration • Natural Resources and Environmental • Products Liability • Real Estate • Tax, Estate & Benefit Planning • Employment and Employee Benefits • Energy • Entertainment Law • Family Law • Government Relations and Legislative Services • Insolvency/Creditor Rights • Intellectual Property 36 SOUTH STATE STREET, SUITE 1900 SALT LAKE CITY, UTAH 84111 WWW.VANCOTT.COM S A LT L A K E C I T Y, U T (801) 532-3333 OGDEN, UT (801) 394-5783 LAS VEGAS, NV (702) 436-0008 ® ADVERTISER INDEX Snell & Wilmer.............................................................. Page 2 Premier Data............................................................... Page 10 The Coalition of Bankers Associations......................... Page 11 Federal Home Loan Bank............................................. Page 18 OFF Chapman and Cutler LLP............................................. Page 19 ICI AL PUB ISS UE LIC ATI ON OF THE UTA H B AN KER S A SS OC IAT 3. 201 4 SPR ING ION Vancott........................................................................ Page 25 Mountain West Small Business................................... Page 26 Reich & Tang................................................................ Page 30 Jones Waldo................................................................ Page 31 Eide Bailly.................................................................... Page 32 THERE ARE A NUMBER OF WAYS TO HELP YOUR CLIENTS SUCCEED W ho Wi T he R l l S t a r t e v ol u tion? 504 One important number for you to remember is 504— as in SBA 504 loans. Contact Mountain West Small Business Finance and help your clients get a flexible loan with a low monthly payment, a low fixed interest rate, and that require only 10% down. Use your SBA 504 loan to: - Purchase land and/or a building - Construct a new facility - Purchase equipment - Renovate or remodel existing facilities EXCITING NEWS Mountain West Small Business Finance now offers SBA Community Advantage Loans for operating capital to small businesses. Call today to see how easy it is to work with Mountain West Small Business Finance to help your clients succeed! 26 See more Utah small business success stories at mwsbf.com Utah’s #1 Small Business Lender 801.474.3232 | mwsbf.com www.uba.org C UBA Committees hairmen and Vice Chairmen for UBA committees for the upcoming program year met together on Thursday, August 28 for a day of training and planning for the coming year. These individuals have stepped up as industry leaders to help the UBA provide manage and provide committees for 2014/2015. UBA sponsors committees on a variety of industry topics which bring bankers together on a monthly basis to share ideas and provide feedback to the association on critical issues. Committee participation creates an excellent growth opportunity for bankers, including leadership development, visibility within the industry, and the opportunity to network with peers. It also provides the UBA with direct access to bankers in the field. Below is a list of committees and their leadership: Agriculture Committee – Chairman Jim Frederick, Rock Canyon Bank, Vice Chairman, Darren Cole, Cache Valley Bank; Compliance Committee – Chairman, Jeremy Gray, Rock Canyon Bank, O Rob James, Stephanie Tobey, Margo Wilson, Ashley Massey, Melisse Grey, Tim Laukka, Darren Cole, Mark Howells, Kirk Lundgren, Jim Frederick, Jeremy Gray, Kim Haywood. Vice Chairman Kirk Lundgren, Celtic Bank; CRA Committee – Chairman Stephanie Tobey, Zions Bank, Vice Chairman, Kim Haywood, Ally Bank; Financial Literacy Committee – Chairman, Rob James, Wells Fargo, Vice Chairman Margo Wilson, AmericanWest Bank; Education Committee – Chairman Mark Howells, Cache Valley Bank, Vice Chairman Ken Burnett, Bank of American Fork; Convention Committee – Chairman Tim Laukka, Optum Bank; Women in Banking Conference Committee – Chairman Melisse Grey, Zions Bank, Vice Chairman Ashley Massey, Bank of Utah. n For additional information on UBA committees, please contact the UBA office at 801-364-4303. In Memoriam n June 9, 2014 the Utah banking industry lost a great friend and advocate when Lawrence W. Alder passed away peacefully from a stroke. Lawry was President and CEO of the Utah Bankers Association for over 15 years retiring in 1997. He left a legacy of intelligent leadership, dedication and cooperation, and guided the industry through challenging times as their lead lobbyist and unfailing advocate. He was a great mentor and teacher to those he worked with and continued to closely watch and respond to the activities of the Utah Bankers Association until his death. University of Utah in 1956. On June 18, 1953 he married his high school sweetheart, Carolyn Ranck, in the Salt Lake Temple. Together they have 8 children who are the pride and joy of his life. He was President of the Utah Retail Grocers Association, President of the Utah Bankers Association, and served on many State and National Boards. He was hard working. Attitude was everything. He was a teacher of the highest order. He was a man of integrity and gave his all and dedicated himself to every endeavor whether it was family, church, work, or sports. He had a way of making you feel like you were the most important person on earth. He lived by the motto “And Then Some” which became a guideline and a challenge for all his posterity to follow in his footsteps. Lawrence Wesley Alder was born December 28, 1933 in Salt Lake City to Garold Benson and Norma Blake Alder. He passed away peacefully on June 9, 2014 in Salt Lake City due to complications of a stroke that he suffered the previous day. He was the second of two children and grew up in the Avenues of Salt Lake City next door to a tennis court which became a big part of his life. He graduated in the class of 1952 from West High School where he was Student Body President, competed in the State Tennis Championship, and where he met the love of his life. He graduated from the He is survived by his wife of 61 years, Carolyn Ranck Alder, his older brother Kenneth Blake Alder, and his children Kristine Gross, Kathy & Ken Johnson, Mark & Beki Alder, Blake & Sheryl Alder, Becky & Bret Hutchison, Benson & Cathy Alder, Stoney & Kristina Alder, and Larson & Julie Alder, 32 grandchildren, 41 great-grandchildren, with more coming. He is preceded in death by his parents, a granddaughter, Danielle Carolyn Gross, and a great-grandson, Daniel Johnson Kieffer. n summer 2014 27 UBA Associa te 28 Agri-Access PO Box 396 McCammon, ID 83250 Tel: 208-404-8094 Contact: Randy Wheatley Email: [email protected] Cintas Document Management 3120 W. California Ave., Suite H Salt Lake City, UT 84104 Tel: 801-977-9800 Contact: Matt Holladay Email: [email protected] Fiserv 618 Lafayette Drive NE Albuquerque, NM 87106 Tel: 505-890-8449 Contact: Rob Durham Email: [email protected] AMC Links 3051 W. Maple Loop Drive Lehi, UT 84043 Tel: 866-439-9546 Contact: James Isbell Email: [email protected] Citi Global Markets 390 Greenwich Street New York City, NY 10013 Tel: 212-723-7478 Contact: Frederick Jorin Email: FPS GOLD 1525 W. 820 N. Provo, UT 84601-1342 Tel: 801-429-2126 Contact: Matt S. DeVisser Email: [email protected] Bank Financial Services Group 22650 Echo Lake Road Moreno Valley, CA 92557 Tel: 951-712-1106 Contact: Larry Rowley Email: [email protected] D.A. Davidson & Co. 8 Third Street North Great Falls, MT 59401 Tel: 406-268-3084 Contact: Tom Hayes Email: [email protected] Harland Clarke 4867 Harold Gatty Drive Salt Lake City, UT 84116-2815 Tel: 801-288-2133 Contact: Michael Kelly Email: [email protected] Bankers’ Bank of the West 1099 18th St., Ste. 2700 Denver, CO 80202-1927 Tel: 303-291-3700 Contact: Dallas Kiburz Email: [email protected] Deluxe Corp 5820 W Harold Gatty Dr Salt Lake City, UT 84116 Tel: 800-332-4234 X 156538 Contact: Joyce Short Email: [email protected] Hawkins Cloward & Simister LC 1095 South 800 East Orem, UT 84097 Tel: 801-224-1900 Contact: Jake McClellan Email: [email protected] Bank Trends 979 East 800 South Salt Lake City, UT 84102 Tel: (877) 717-6743 Contact: Michael Stinson Email: [email protected] Diebold, Incorporated 2302 S. Presidents Drive Salt Lake City, UT 84120 Tel: 330-498-2773 Contact: Jim Hawkes Email: [email protected] InnoVentures Capital Partners 515 South 700 East Ste 2A Salt Lake City, UT 84102 Tel: 801-741-4200 Contact: Steve Grizzell Email: [email protected] BMA Banking Systems 2151 South 3600 West West Valley City, UT 84119-1121 Tel: 801-978-0200 Contact: Casey Timmerman Email: [email protected] Dorsey & Whitney LLP 136 S. Main St., Suite 1000 Salt Lake City, UT 84101 Tel: 801-933-7365 Contact: Steven T. Waterman Email: [email protected] Jones Waldo 170 S Main St., Ste 1500 Salt Lake City, UT 84101-1644 Tel: 801-521-3200 Contact: George Sutton Email: [email protected] Callister Nebeker & McCullough 10 E South Temple, Ste 900 Salt Lake City, UT 84133-1115 Tel: 801-530-7300 Contact: W. Jeffrey Fillmore Email: [email protected] Eide Bailly LLP 5929 Fashion Point Dr., Ste 300 Ogden, UT 84403-4684 Tel: 888-777-2015 Contact: Gary Smith Email: [email protected] McGladrey, LLP 300 S 4th St Ste 600 Las Vegas, NV 89101-6017 Tel: 702-759-4000 Contact: Matt Youngman Email: [email protected] Central States Family of Companies 1627 E. Geddes Circle North Centennial, CO 80122 Tel: 303-290-8901 Contact: Scott Sexson Email: [email protected] Federal Home Loan Bank of Seattle 1001 Fourth Ave, Ste 2600 Seattle, WA 98154 Tel: 206-340-2344 Contact: Chris Thomas Email: [email protected] Moss Adams LLP 601 W Riverside Ave, St 1800 Spokane, WA 99201 Tel: 509-747-2600 Contact: Mike Thronson Email: [email protected] www.uba.org Member s Mountain West Small Business Finance 2595 E 3300 S Salt Lake City, UT 84109-2727 Tel: 801-474-3232 Contact: Steve Suite Email: [email protected] Scalley Reading Bates Hansen & Rasmussen 15 West South Temple, Ste 600 Salt Lake City, UT 84101 Tel: 801-531-7870 Contact: Jonathan Rupp Email: [email protected] Travelers Insurance 6060 S Willow Drive Greenwood Village, CO 80111 Tel: 720-200-8447 Contact: Janu Cambrelen Email: [email protected] Office Depot Business Solutions 281 West 2100 South Salt Lake City, UT 84115-1830 Tel: 801-977-7994 Contact: Warren Schroer Email: [email protected] Simpson & Company, CPAs 1111 E. Brickyard Road, Ste. 112 Salt Lake City, UT 84106-2592 Tel: 801-484-5206 Contact: Kenneth R. Simpson Email: [email protected] Universal Business Insurance, Inc. 9980 South 300 West #320 Sandy, UT 84020 Tel: 801-984-6014 Contact: Brett Mayer Email: [email protected] Premier Data Corporation 2182 S West Temple Salt Lake City, UT 84115-2531 Tel: 801-521-3282 Contact: Kevin G. Dabb Email: [email protected] Snell & Wilmer, LLP 15 W South Temple, Ste 1200 Salt Lake City, UT 84101-1547 Tel: 801-257-1900 Contact: Lori Newey Email: [email protected] Prince, Yeates & Geldzahler 15 West South Temple, Suite 1700 Salt Lake City, UT 84101 Tel: 801-524-1000 Contact: William Marsden Email: [email protected] Supernal Software, LLC 127 Marina Drive La Crosse, WI 54603 Tel: 608-785-7101 x 1018 Contact: Kathi Millard Email: [email protected] Utah Community Reinvestment Corporation 1165 East Wilmington Ave., Ste 200 Salt Lake City, UT 84106 Tel: 801-366-0040 Contact: Steven L. Graham Email: [email protected] Promontory Interfinancial Network, LLC 1515 North Courthouse Road, Suite 1200 Arlington, VA 22201 Tel: 703-292-3462 Contact: Glenn Martin Email: [email protected] Synergy by Association, Inc. PO Box 13429 Salem, OR 97309-1429 Tel: 503-581-3522 Contact: Gene Meyer Email: [email protected] PwC 201 S. Main Street, Suite 900 Salt Lake City, UT 84111 Tel: 801-534.3883 Contact: Ryan J. Dent Email: [email protected] Systemax Corporation 4501 Alex Boulevard, Suite A Springfield, IL 62711 Tel: 800-525-9995 X 126 Contact: Patrick P. Brue Email: [email protected] Ray Quinney & Nebeker P.C. 36 S State Street, Ste 1400 Salt Lake City, UT 84111-1451 Tel: 801-532-1500 Contact: Kevin Glade Email: [email protected] Tanner LLC 36 South State, Suite 600 Salt Lake City, UT 84111-1400 Tel: 801-532-7444 Contact: Email: [email protected] Sandler O’Neill + Partners, L.P. 1251 Avenue of the Americas, 6th Floor New York, NY 10020 Tel: 212-466-7800 Contact: Avi Barak Email: [email protected] The Baker Group 2975 West Executive Parkway, Suite 139 Lehi, UT 84043 Tel: 800-937-2257 Contact: Brian Bates Email: [email protected] summer 2014 Van Cott 36 South State Street, Suite 1900 Salt Lake City, UT 84111 Tel: 801-532-3333 Contact: Thomas T. Billings Email: [email protected] Zions Correspondent Banking Group 310 South Main Street, Suite 1400 Salt Lake City, UT 84101 Tel: 801-844-7854 Contact: Steve Campbell Email: [email protected] 29 Your liquidity needs will always change. Take control of your balance sheet with a Excess Liquidity Can Stress Your Banks Balance Sheet solution that changes with it. Demand Deposit MarketplaceSM (DDM) Decrea se Maint ain • Send Only—send excess deposits off balance sheet to earn fee income, improve capital ratios, and offer customers expanded FDIC insurance • Receive Only—take on additional deposits to fund loan demand and supplement Increase your contingency funding plan • Reciprocal—offer customers expanded FDIC insurance without decreasing your deposit base • Reciprocal Plus/Minus—a reciprocal relationship that enables you to determine any ratio in which you would like to reciprocate deposits Turn excess liquidity into fee income with Demand Deposit MarketplaceSM Industrial Loan Companies: Flexible Funding Solutions Tailored to Meet Your Balance Sheet Needs • Quickly generate fee income • Send excess deposits off balance sheet and improve capital ratios • Strategically plan for short- and long-term funding needs • Lower your FDIC assessment costs • Utilize unique deposit structures to better match liabilities to assets • Provide millions in FDIC insurance coverage • Decrease cost of funding with highly stable retail deposits Contact us to learn more about DDM’s other flexible deposit relationships: Send, Receive, Reciprocal, and Reciprocal Plus/Minus www.reichandtang.com | [email protected] | 866-237-2752 Copyright 2013. All rights reserved. Copyright 2013. All rights reserved. PRSRT STD U.S. POSTAGE PAID SALT LAKE CITY, UT PERMIT NO. 508 Utah Bankers Association 175 S Main Street, Ste 1420 Salt Lake City, UT 84111 This magazine is designed and published by The NewsLINK Group, LLC | 1.855.747.4003 YOU SHOULDN’T HAVE TO CHOOSE BETWEEN EXCEPTIONAL SERVICE AND EXCEPTIONAL RESULTS Gary Smith, Partner and Director Financial Institutions Services Group Expect More from Your CPA Firm We combine personal, attentive service along with national-firm expertise and resources to deliver effective results that can help you succeed. Our clients value our peer-to-peer approach to service delivery and having access to 1,400 professionals Firmwide. From your complex tax and audit needs, to assistance with loan reviews, regulatory compliance, IT risk advisory services, ERM, internal audit and strategic consulting, our professionals can help you position your bank for a strong future. 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