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April 20, 2007
Legislature
Adjourns/Special Session to be
Called
The
Georgia General Assembly
spent most of this week on budget issues and a compromise was
reached on the 2008 fiscal year budget. However,
due to a gubernatorial veto of the 2007 supplemental budget, the
General Assembly is expected to be called into special session to
complete the work on that budget. Final action was taken this
week on the
Department of Banking and Finance's
annual
housekeeping bill
clearing the bill for the Governor's signature. "Completing work on
the housekeeping bill concludes action on all the bills GBA was
proactively supporting this session," said GBA President
Joe Brannen.
"We asked the legislature to repeal the tax increase from 2005, to
pass the bill allowing Federal Home Loan Bank Letters of Credit to
be used as collateral for government deposits, and to pass the
housekeeping bill. We appreciate the Legislature favorably
considering all our requests including amending a number of other
bills. This was a good year for the banking industry, and I hope
each of our members will pass along your personal thanks to your own
legislator," Joe concluded. As this edition of the GBA
e-Bulletin went to press, the Legislature was still scheduled to
adjourn for the year on Friday. We will be publishing a
comprehensive Session wrap-edition of the GBA Legislative Update and
will include a link to that in a future e-Bulletin. With
questions about any issues we have been following, please contact
GBA's
Elizabeth Chandler at
(404) 420-2027.
Late Breaking
News for our e-Bulletin Readers
Some of our e-Bulletin readers also receive the paper copy. An
issue has arisen since we sent the paper Bulletin to the printer
that is of significant interest to our members. Many of you
have been following the
American Institute of CPAs (AICPA) and
Securities and Exchange Commission (SEC) position on what is
referred to as FAS 159, The Fair Value Option. FAS 159
relates to transition accounting and some
balance sheet strategies. We understand there have been varying
interpretations among accounting firms and investment houses on how
banks could or should take advantage of an opportunity to sell bonds
and running any losses through retained earnings instead of against
current income. The April 30 deadline applying to all
companies choosing early adoption of the standard has also caused
some confusion. The AICPA released a statement this week that
says "If an entity proposes to
adopt the fair value option merely
to achieve an accounting result that is contrary to
the principles and objectives in FAS 159 (i.e., recording unrealized
losses directly in retained earnings coupled with little or no
intent to apply the fair value option as a measurement attribute
with respect to these classes of financial assets and liabilities on
a go forward basis), the auditor should reach a conclusion that the
entity's proposed
accounting departs from generally
accepted accounting principles." There are
many legitimate reasons for a bank to participate under the early
adoption procedures; however this statement from AICPA brings some
of those procedures into question. If your bank is among the
early adopters, we recommend you consult with your accountant to
determine any impact on your bank as a result of this new
announcement. This announcement is significant because it is
the first information from the SEC on how it would view certain
early adoption restructuring strategies. Please click
here to read the AICPA release.
Supreme
Court Rules on Preemption
In a
case that had the potential for a huge new compliance burden on
nationally chartered banks, the U.S.
Supreme court ruled, in a 5-3 divided opinion, in favor of the
banking industry in the
Wachovia v. Watters
case. “We have reported GBA’s support of the bank’s position in
previous Bulletins and applaud the Court’s decision,” said GBA
Chairman Bobby Carmichael, President and CEO of
Commercial Bank & Trust
in LaGrange. “The case ensures the ability of federal banking
regulators to supervise banking activities is not diminished when
individual state legislatures pass laws trying to regulate the bank
or the bank’s operating subsidiaries,” Bobby concluded. On behalf
of the majority, Justice Ruth Bader Ginsburg wrote, “In
accord with the courts of appeals that have addressed the issue, we
hold that Wachovia’s mortgage business, whether conducted by the
bank itself or through the bank’s operating subsidiary, is subject
to OCC’s superintendence, and not to the licensing, reporting and
visitorial regimes of the several states in which the subsidiary
operates.” GBA joined with the
American Bankers Association
in filing an amicus curiae with the court. With questions, please
contact GBA’s
Joe Brannen
at (404) 420-2026.
Credit Unions Trying Expansionary Bill Again
Legislation has been introduced in Congress to expand the commercial
lending authority of Credit Unions while reducing their capital
requirements. The Credit Union Regulatory Improvements Act
(CURIA), H.R. 1537, was introduced earlier this month and GBA
is opposed to its enactment. We have requested the members within
the Georgia congressional delegation not to cosponsor this bill.
However, Rep.
Sanford Bishop (D-Columbus) just signed on to the bill this
week. [Note: He was one of the first members from the
delegation to support us by cosponsoring the ILC bill to keep Home
Depot and others out of banking, so he is supportive of the industry
on other issues.] Over the past two years, we have conducted an extensive
grassroots campaign by producing a DVD for our members and with a
letter-writing initiative in conjunction with the ABA through our
website. We will revive that campaign in the coming months as this
session of Congress progresses. In the meantime, however, we
encourage you to let your member of Congress know you oppose this
aggressive expansion by the Credit Unions. With questions, please
contact GBA’s
Elizabeth Chandler at (404) 420-2027.
Regulators Speak Out on Foreclosures
As we
reported in last week’s e-Bulletin, the issue of foreclosures,
especially in the subprime area, is receiving enormous attention
among lenders, policy makers and the media. This week, FDIC
Chairman Sheila Bair
testified before Congress and discussed, among other things, how
the securitization of subprime loans has actually kept lenders from
working with borrowers on workouts. Also, the Federal regulators
issued a
joint statement encouraging regulated financial institutions to
work with mortgage borrowers having difficulty making payments.
With questions, please contact GBA’s
Elizabeth Chandler at (404) 420-2027.
Upson County Banks Send Children to 4-H Camp
Three
Upson County banks have joined together to make the wish of
attending
4-H Camp this summer come true for children in their
community. The
Bank of Upson,
United Bank and
Colony Bank have awarded scholarships to five active Junior
4-H members to summer camp. These efforts were coordinated by
Leadership GBA Executive Committee member Pete Garrett,
Vice President of the Bank of Upson, Thomaston (shown at right with
the scholarship recipients). Each year,
Leadership GBA partners with the
Georgia 4-H Camping Program to help Georgia elementary and
middle schoolers attend camp. “We strive to teach our youth about
financial education at our summer camps,” said Debra Smith,
Upson County 4-H Program Assistant. “Thanks to Pete and the
generosity of these banks in our county, we’ll be able to do that.
The families were very appreciative of the scholarships.” If you
would like to learn how your bank can help with 4-H Summer Camp
scholarships in your area, please contact GBA’s
Jennifer Stevens at (404) 420-2024 or
Susie McGehee at (404) 420-2010.
Convention Tour and Activity Registration Deadline Approaching
Just a
reminder that the deadline for registration for the various tours
and activities offered at the
2007 Annual Convention is Friday, May 18.
Register online if you would like to participate in any of the
activities. We will be happy to invoice your bank. Some activities
have limited space so
register early to guarantee yourself and your family a spot.
With questions, please contact GBA’s
Susie McGehee at (404) 420-2010.
Call Reporting Seminar Scheduled
GBA will
host its
Call Reporting
seminar on Wednesday, April 25, at the Macon Ramada Plaza.
The registration fee is $195 per person and the instructors are
Alison Wester, Cassie Castner, Kelly Cravens and
Jim Vaughn all with
Mauldin & Jenkins, LLC, Atlanta. Designed for CFOs,
operations officers and anyone who is responsible for the
preparation of call reports, this one-day seminar will offer
practical techniques to improve your overall reporting process.
Participants will receive a detailed line-by-line review in the
completion of each schedule of a Call Report. Appropriate items to
be reported and relationships between schedules will be discussed as
part of this review. Some of the topics to be covered include:
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Proven
organizational techniques to improve both speed and accuracy in
your bank’s call reporting processes
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Hands-on
experience in call report preparation
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Common mistakes
and problems with call reporting
Register online or contact GBA’s
Courtenay Pope at (404) 420-2015 or
Susie McGehee at (404) 420-2010 with questions.
Rural
Development and Lending Conference
in May
The
Rural Development and Lending Conference is scheduled for May 17-18 at the
King & Prince Beach and Golf Resort on St. Simons Island. The 2006-2007
Agriculture Committee
has planned an informative agenda. Topics include market trends and
the economy, analyzing Ag credits, FSA Guaranteed Lending, current
legal issues, commodity hedging, and GPS potential savings.
Please click here to
register, or call GBA’s
Marybeth Jones at (404) 420-2032 with questions.
Register Today for AIB Online Courses
Just a
reminder that the following
AIB online classes begin on May 14. Please register two weeks
in advance to secure a seat in the class. These courses are
instructor-facilitated with weekly assignments and can be taken from
the comfort of your home or the convenience of your office. All you
need is a computer, printer and Internet access. (Classes with an
asterisk * require Microsoft Excel.)
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ABA Online Review Course for the CTFA Exam (open
enrollment), 12 weeks, $795
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Analyzing Financial Statements*, 16 weeks, $485
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Banking Today, 5 weeks, $285
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Financial Accounting*, 16 weeks, $485
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General Accounting*, 16 weeks, $485
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Principles of Banking (2 credits), 10 weeks, $315
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Problem Loan Workouts, 6 weeks, $285
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Today's Teller: Developing Basic Skills* (open enrollment),
8 weeks, $285
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Understanding Your Construction Borrower, 10 weeks, $385
There is still
LIMITED availability in the following AIB online classes beginning
the week of May 7. Please register as soon as possible to secure a
seat in the class.
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IRA Online Institute, 12 weeks, $1,495
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Law & Banking: Applications, 16 weeks, $435
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Money & Banking, 16 weeks, $385
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Principles of Banking, 16 weeks, $385
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Retirement Plan Services – Law & Regulations, 6 weeks, $795
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Supervisor Certificate, 16 weeks, $695
Please see the
AIB Online Course Schedule
for a complete listing or call GBA’s
Alison Moreau at (404) 420-2034 with questions.
Economist Chris Low to Speak at Leadership Conference
Registrations are coming in at a steady pace for Leadership GBA’s 47th
annual
Leadership Conference
scheduled for July 15-18 at the
Ponte Vedra Inn & Club in Ponte Vedra, Florida. The
Executive Committee has planned a great program to help you
prepare for the constant changes in the banking industry. But no
conference would be complete without an economic update. The
housing correction began in early 2006, but entered a new phase in
the first quarter of this year when subprime foreclosure rates
started climbing and dozens of mortgage lenders closed their doors.
Credit standards are tightening, the economy is slowing, but the Fed
continues to fight last year’s rise in inflation. Chris Low,
Chief Economist with
FTN Financial,
New York, NY will show you how the changing credit landscape affects
the outlook for the economy, inflation, the Fed and the markets.
The conference will also provide excellent networking opportunities
for bankers from around the state to share ideas. For additional
information, please call GBA’s
Susie McGehee at (404) 420-2010 or
Jennifer Stevens at (404) 420-2024.
Click here to register.
Operations/Technology Conference a Huge Success
Our
thanks to GBA’s
Operations/Technology Committee for planning such an
outstanding conference held this week in Atlanta. Banking
professions in this area within banking spent time hearing the
latest information about remote capture, emerging payment trends,
product profitability, using technology to deliver secure services,
and detecting fraud. Time was also spent in peer exchange and in
visiting with a number of exhibitors. Our thanks to Committee Chair
Jim Stewart of
United Community Bank, Blairsville, for his leadership.
GBARS Welcomes New Member
GBA Retirement Services, Inc.
is pleased to welcome to the Trust
Embassy National Bank, Lawrenceville, Chris Fluehr,
CEO. The programs offered through the GBA Master Pension and 401(k)
Profit Sharing Trust provide flexibility to meet the needs of any
bank or associate member who may be looking at adding or changing
their qualified retirement plan. The Master Trust provides high
quality, affordable pension, profit sharing, and Section 401(k)
programs for banks and associate members of all sizes. Please
contact
Mandy Richards at (404) 420-2025 for more information on how
GBA can help design a retirement plan for your bank.
Status of Important Banking Cases
Our
thanks to the Office of the General Counsel of the
American Bankers Association for making available the newest
edition of the
Status of Important Banking Cases to the members of our
Bank Counsel Section. This monthly
report gives bank attorneys up to date information on litigation
involving banks across the country. This report is another member
benefit for the attorneys in GBA's Bank Counsel Section. With
questions about how your bank's attorney can participate, please
call GBA's
Kenyetta Parks at (404) 420-2035.
Human Resources Solutions
Employment Law Compliance, Inc.
is a Strategic Partner of the Georgia Bankers Association and our
primary resource to provide employee handbooks, toolkits,
affirmative action plans, and other compliance products specifically
designed for community banks. Keeping up with ever-changing
employment regulations and human resources best practices can be
time consuming. Monitoring changes specific to the banking industry
adds even more effort to the task. Employment Law Compliance
focuses on the needs of community banks which do not have the luxury
of a large HR staff or in-house employment counsel. Their staff is
committed to designing and maintaining solutions and services that
can help your bank attract, hire, retain, and manage the best
employees. ELC can assist your bank in addressing the challenges of
employment compliance. Whatever the reason – lack of time or
internal resources or the high cost of outside counsel – Employment
Law Compliance can take care of your bank’s needs. For more
information, please contact Employment Law Compliance’s
Steven Greene at (770) 206-3371 or GBA’s
Josh Latina at (404) 420-2022.
Overdraft Privilege Program
Established in 1976 by Chairman William H. Strunk,
Strunk and Associates, L.P. is a financial institution
advisory service recognized nationally for its innovative design,
development, and implementation of sustainable profit improvement
solutions, most notably the Strunk “Overdraft Privilege
Program”, for the financial services industry. The firm’s
reputation is built on more than 30 years of providing expert and
objective advisory services to thousands of financial institutions,
and has recently received the exclusive endorsement of the GBA as a
Strategic Partner. If you are interested in better customer service
and increased non-interest income, you will want to learn more about
Strunk and Associates’ Overdraft Privilege Program. For more
information, please contact Strunk’s
Bob Shifflett at (540) 828-3314, or GBA’s
Josh Latina at (404) 420-2022.
GBA Job Bank
The Georgia Bankers Association offers free job posting
resources for our member banks. These listings can be viewed
online or through our bi-weekly publication included in the
GBA Bulletin.
Resume postings are also available. For
more information, please contact GBA’s
Kenyetta Parks at (404) 420-2035.
Some of the Services Available Through GBA
Services, Inc.
GBA Services, Inc. is governed by a board composed primarily
of community bank presidents who look for the best products and services
available. They do the due diligence for you and you can rely on
their efforts. For more information or to
order
any of these products or services, please call (404) 522-1501.
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