After over 34 years in bank management, including being Director, President and CEO of two banks, providing expert witness services to attorneys representing banks, bank customers, vendors and regulators has illuminated some fundamental certainties in U.S. financial services.
The dispute arose as the result of the plaintiffs attempting to use an easement across the defendants’ land to one of the plaintiffs’ other ranches. The defendants claimed that the plaintiffs’ intended use of the easement was outside the recorded terms of the easement which governed the width of the easement...
The dispute arose as the result of the plaintiff seeking to construct a resort near an established residential development on which he had been the developer. A portion of the homeowners were adamantly against the proposed resort and took action to bar the plaintiff from proceeding.
Strategic planning has always been an important function of the board of directors, but it takes on an even more critical role when under the regulatory microscope. The OCC announced that, for the remainder of 2016, it will continue to focus on strategic risk, as banks change their business models to adapt to innovative products and services.
Many banks need to add new board members because some are reaching a mandatory retirement age or because others who agreed to stay through the financial crisis now want to rotate off the board. Banks need to keep in mind that they will be under close scrutiny by any prospective candidate who will be conducting due diligence on the bank at the same time the bank is conducting due diligence on the candidate. In order to ensure your bank can attract top candidates for board positions, consider the following before beginning the recruiting process:
In and during the period 2000 through approximately mid 2008, for many of the nation's "subprime" households to receive loans and for many major financial institutions to loan out available funds at high rates, create "new" mortgage products, sell these newly created products downstream to investors (both institutional and individual investors) at a significant profit, investments banks and commercial banks created an unusual national scenario – subprime mortgages that were packaged and sold into mortgage backed securities
Directors in community banks are usually picked for two reasons: their expertise and their ability to bring business into the bank. Upon taking their places at the board tables, however, directors immediately learn that while bringing business into their bank is a laudable goal, they also have to ensure that their bank operates in a safe and sound manner. Directors, thus, walk a fine line between these two goals.
Strategic risk is currently a focus of regulatory scrutiny and the board of directors should understand what it is and how to manage it. Strategic risk is the risk to a bank's earnings and capital from making poor business decisions, from not implementing business decisions properly, or from failing to respond to industry changes.
Virtually everyone and every business has a relationship with a financial institution, whether it be a bank, savings bank, or credit union. When the account is opened, there is the hope that nothing will go wrong in the account and that your funds will be preserved.