February 22, 2008


Legislature Has Busy Week - Several Bills of Interest Receive Action

GBA publishes a weekly Legislative Update giving our members the latest information about the legislation we are monitoring on your behalf.  Today's edition covers action in the Legislature this week:

  • Speaker Richardson's Tax Plan Moving Through Process

  • Foreclosure Bills Introduced - No Action Scheduled So Far

  • Senate Passes File Freeze Bill

  • Home Inspector Board Proposed

  • Motor Vehicle Seizure Bill Reported from Committee

 
  • Original Georgia Fair Lending Act Reintroduce

  • Appraisal Bill Introduced

  • New Financial Licensee Proposed

  • Uniform Investment Act Passes Full Committee

  • Kessel Stelling Recognized by Senate

 

Please contact GBA's Elizabeth Chandler with questions about any of these issues.


Comptroller Supports Broadening Community Reinvestment Act

In a speech to a national affordable housing lender conference, Comptroller of the Currency John C. Dugan called for an amendment to the Community Reinvestment Act regulation to provide CRA consideration for community development investments in middle-income communities that are distressed as a result of mortgage foreclosures and related economic factors affecting the area.  “With this change, we would give favorable CRA consideration for – and encourage – loans, services, and investments in more communities suffering from the consequences of foreclosures,” Mr. Dugan said.  The Comptroller also raised the possibility of broadening CRA to cover many of the same financial services which played a significant role in the subprime crisis. 

  “Over half of subprime mortgages – and the ones with the most questionable underwriting standards – were originated through mortgage brokers for securitization by non-banks, including major investment banks,” Mr. Dugan said.  “Yet these non-banks, having played such a large role in the subprime mortgages that have caused such problems in communities nationwide, are not covered by CRA and therefore have no CRA incentive to address these problems. To me, that is a world stood on its head,” Mr. Dugan said.

Mortgage Satisfaction Litigation Proliferates

A number of our members have reported being the subject of litigation by plaintiffs using an obscure change in the Georgia mortgage satisfaction law from several years ago as the basis for their case.  Currently, a lender has 60 days from the date a borrower pays off a mortgage to send the notice of cancellation or satisfaction to the clerk of superior court to authorize and direct the clerk to cancel the instrument of record.  For many years, there has been a liquidated damages provision in the statute giving the borrower the right to demand a $500 payment if the satisfaction notice is not sent timely.  In a classic “gotcha” kind of lawsuit, nine cases are pending in both state and federal court here in Georgia seeking class action status for claims against lenders for failing to file cancellation notices timely.

  What is interesting about the suits is that the plaintiffs are demanding the payment of liquidated damages, not in a formal request to the lender, but in a lawsuit demanding not only their own liquidated damages, but seeking class action status for any other person for whom the lender also failed to file a timely cancellation notice.  Most people who have followed the legislative history of this statute never felt the General Assembly intended for the statute to be interpreted this way.  You may have read in our Legislative Update that the General Assembly is considering legislation to clarify this section of the Code.  However, we wanted to let you know of the litigation as more cases could be filed.

Family Medical Leave Act Broadened

The Family Medical Leave Act (FMLA) has been expanded providing for two additional categories of leave, both involving family members of the armed forces. First, spouses, parents, children, or next of kin are allowed up to 26 weeks of leave during a 12-month period to care for recovering military service personnel who develop a serious injury or illness while serving in the armed forces (Caregiver Leave). 

  The second category of leave allows an employee to take up to 12 weeks of leave for "any qualifying exigency" that arises out of the fact that the spouse, son, daughter or parent of the employee is on active duty or has been notified of an impending call or order to active duty (Call to Active Duty Leave).  With questions, please contact GBA’s Strategic Partner Employment Law Compliance at 1-866-801-6302.

Annual Convention Brochures to be Mailed Next Week

Brochures announcing the 2008 Annual Convention at the magnificent St. Regis, Monarch Beach in Dana Point, California will be mailed in the next week.  “At this outstanding location packed with a great lineup of speakers and plenty of other activities, we know everyone attending will have a wonderful experience,” said GBA Chairman Jim Williams, President and CEO of Citizens Bank & Trust Company in Eastman.

  The convention brochures will give more details about the keynote speakers and the many breakout sessions which are planned.  Also, there will be plenty of opportunities to participate with your banking colleagues in other activities in the area.  With questions about the brochure or the Convention in general, please contact GBA’s Susie McGehee at (404) 420-2010.

Collections and Recovery Seminar Scheduled

GBA will host is Collections and Recovery seminar on Thursday, March 6, at the Ramada Plaza in Macon.  The registration fee is $195 for members and Gary Moser with Moser, Rose & Cox in Valdosta is the instructor.  Designed for personnel responsible for recovering money or collateral on behalf of the bank, this one-day seminar will provide a comprehensive overview of the fundamental legal principles involved in the collection process. Topics to be discussed include:

 
  • Collateral Documents

  • Litigation Process

  • Borrowers Defenses

  • Judgments

  • Levies

  • Garnishments

Please click here to register or contact GBA’s Courtenay Pope at (404) 420-2015.

Second Allowance for Loan and Lease Losses Workshop Scheduled
Just a reminder that GBA has scheduled a second Allowance for Loan and Lease Losses Workshop to be held on Wednesday, March 19, at Idle Country Club in Macon.  Donny Luker and the team at Mauldin & Jenkins, LLC, Atlanta, will lead the workshop.  Designed for CEOs, chief lending officers and others responsible for the determination of the adequacy of the allowance for loan and lease losses, this one day seminar will bring you up to date on the Interagency Policy Statement on the allowance for loan losses.    Topics to be discussed include:
  • ALLL Methodology changes

  • Sample calculations

  • Qualitative and quantitative factor discussion

  • Consultation on implementation issues

With questions, please contact GBA’s Courtenay Pope at (404) 420-2015. Please click here to register.


Bank Security Conference Program Agenda Finalized

GBA’s 2007-2008 Security Committee has planned an exciting agenda for this year’s Bank Security Conference scheduled for April 3-4 at the Savannah Riverfront Marriott.  The conference brochure is included with this mailing.  A block of rooms has been reserved at the hotel until March 9.

  To take advantage of our special rate, please call the hotel directly at (912) 233-7722.  If you have questions or would like to register, please contact GBA’s Marybeth Jones at  (404) 420-2032.

HR Institute Next Month

Human Resources professionals from across Georgia will gather March 19-21 at the Savannah Riverfront Marriott for GBA’s annual HR Professionals Institute.  In addition to the new topic we told you about recently dealing with the emerging field of computer forensics, those attending will also learn how bank computer systems and the data contained in those systems can create substantial exposure for an organization.  Also discussed will be best practices available to community banks to avoid liabilities associated with email use, internet access, and other day to day tools used by employees. 

  Plenty of time will reserved for peer networking, always a highlight of this conference.  For more information or to register, please contact GBA’s Marybeth Jones at (404)420-2032.

Leadership Conference Scheduled for July 13-16

Plans are well under way by the Leadership GBA Executive Committee for another outstanding conference scheduled for July 13-16 at the Ponte Vedra Inn & Club in Ponte Vedra, Florida.  Sponsored by the Leadership Development Section, the annual Leadership Conference is an event not to be missed.  The conference is designed to provide a forum through which younger career bankers from around the state of Georgia can meet and learn from each other and hear presentations from industry experts, regulatory representatives, and professional speakers.

  So mark your calendar and be looking for a full brochure which will be mailed in late March.  With questions about the Conference, please contact Susie McGehee at (404) 420-2010 or Jennifer Stevens at (404) 420-2024.

Last Call for GBA's Popular Operations and Technology Conference

One of GBA’s most popular annual conferences is the Operations and Technology Conference.  This year’s conference is scheduled for March 5-6 at the Cobb Galleria Centre in Atlanta.  This year’s topics include emerging technology trends, mobile banking, remote

  capture/ branch capture, debit card fraud and IT Security.  With questions or to register, please call GBA’s Marybeth Jones at (404) 420-2032.

AIB Classroom Course Announced:  Analyzing Financial Statements

Back by popular demand, AIB Analyzing Financial Statements will be offered again beginning March 18 for 10 weeks.  This class will be taught by Peter Faser of Security Bank at CornerstoneBank, Atlanta.  Class will meet every Tuesday from 6 p.m.-9 p.m. ending May 20, 2008.

  The registration fee is $195 plus the cost of the textbook which is $75.  If you would like to see a specific AIB course offered in your area or if you have questions about AIB classroom courses, please call GBA’s Alison Moreau at (404) 420-2034.  Please click here to register.

Register for GBA Webinars Today

Just a reminder that GBA will offer the following webinars during the weeks of February 25th and March 3rdWebinars offer the opportunity and convenience of having a seminar at your bank.  All you need is a computer, Internet access and a telephone. 

  All webinars are live and allow time throughout for questions and answers.  The registration fee of $250 allows access to one website “seat,” one telephone site license and all hand out materials.  If you are unable to attend the webinar but would like to have the information for training purposes, you may also purchase the audio CD, handout materials and a password to view the information online.  Complete details about the webinar, topics being covered and information about the presenter can be found on GBA’s Calendar of Events.  With questions, please call GBA’s Courtenay Pope at (404) 420-2015.

Register Today for AIB Online Courses

Just a reminder that the following AIB online classes begin the week of March 17.  Please register two weeks in advance to secure a seat in the class.  These courses are instructor-facilitated with weekly assignments.  They 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 Software.)

 

There is still availability in the following AIB online classes beginning March 10.  Please register as soon as possible to secure a seat in the class.

Please see the AIB Online Course Schedule for a complete listing or call GBA’s Alison Moreau at (404) 420-2034 with questions.


You’re on Our List; Are We on Yours?

We are always pleased to let your banking colleagues across the state know about the news of your bank, employees and directors.  Please send your news releases to GBA’s Communication Manager, Lydia Thomas

  If you have photos you would like us to consider using in our e-Bulletin, please email those as well.

Insurance Program Distributes $5 Million to Members

The ABA-sponsored and GBA-endorsed insurance program this week began distributing $5 million in underwriting profits to insured member banks.  Checks were distributed during the association's National Conference for Community Bankers, and additional checks will be mailed to participating member banks between now and April 15.  Underwritten by Progressive Casualty Insurance Co., the program provides community banks with directors and officers liability, financial institution bond, Internet banking liability,

  employment practices liability and other insurance products.  Since its inception in 1987, the program has distributed $63.5 million to nearly 1,700 community bank members.  With questions, please call GBA’s Josh Latina at (404) 420-2022.

FTRANS: Trade Credit Express

FTRANS Corp., based in Atlanta, GA and a Strategic Partner of the GBA, is the creator of Trade Credit Express™ (TCE), the business-to-business payment system that provides business sellers with all of the advantages of accepting credit cards for payment while still allowing them to extend free and flexible payment terms to their buyers.   The mission of FTRANS is to move seller-funded trade credit to financial institutions – just as bank credit cards moved consumer credit to financial institutions.  Offered through banks, TCE provides lenders with a new unique and differentiated product offering for their business clients.  The benefits to the bank include:

 
  • Increased business deposits

  • Diversification within their commercial loan portfolios

  • Safer, lower risk commercial loans in a time of credit market volatility

  • Increased loan margins

  • Account visibility and control

  • Customer acquisition and retention

For more information, please contact FTRANS’ John Hayes at (678) 268-4040, or GBA’s Josh Latina at (404) 420-2022.


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.  For more information, please contact ELC’s Steven Greene at (770) 206-3371 or GBA’s Josh Latina at (404) 420-2022.

Welcome New Participant

The GBA Insurance Trust, Inc. Board of Directors welcomes to the Trust Foundation National Bank, I.O., Marietta, Michael Henderson, CEO.  This company joins more than 290 community banks and associate members in this unmatched member benefit.

 

The Board is overseen by a group of bank executives who understand the need to provide the best in employee benefits.  Please call GBA’s Susan Kelley at (404) 420-2017 for details.


Modular Banking Unit For Sale
United Community Banks has a Doublewide Bank Modular for sale.  Manufactured by Wilkins in August 2006, the modular is 28’ X 76’ with many upgrades and new furniture.  It is presently located in Hendersonville, N.C.  It is 28’ X 76’ with many upgrades and new furniture. Pictures available upon request.Price is $65,000 for modular and $20,000 for new furniture, presently in building (negotiable).  For more information, please contact Gray Williams at (706)-835-3905.

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 BulletinResume 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.

Bond and D&O Insurance

Human Resources Solutions

Checking Club Programs

Internet Loan Closing Program

Community Reinvestment Act

Job Bank

CRM

Marketing

Discounted Check Program

Non-Qualified Executive Benefits (BOLI)

Discounted Local & Long Distance Program

Pledging Pool Program

Financial Industry Pre-Employment Assessments

Record Retention Guide

FinCrime

Senior Housing Crime Prevention Foundation

Financial Marketing Solutions (FMS)

Strunk & Associates, L.P.

Georgia Financial Directory

Thumbprint Signature Program

Georgia Law Code Book

Trust and Investment Services

Holiday Decals


 
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.

Newsmakers    

Atlanta - Bank of North Georgia
Michelle L. Bailey
has joined the bank as Vice President and Private Client Services Relationship Manager.

Atlanta - Rockbridge Commercial Bank
Congratulations to Treasury Management Officer Caroline Reddington for recently earning the distinction of Certified Treasury Professional from the Association for Financial Professionals.

Glennville - First Citizens Bank
Our sympathies to the family and colleagues of Director Pat Burkhalter who died recently from injuries sustained in the automobile accident we told our members about in last week’s e-Bulletin.

Savannah - Darby Bank
Stephanie Jarrell has been appointed Banking Center Manager.


Bailey

Jarrell

Calendar of Events

Details for February & March

 

Conferences

 

March 5-6 Operations & Technology Conference Atlanta
March 19-21 HR Professionals Institute Savannah
April 3-4 Bank Security Conference Savannah
May 15-16 Rural Development and Lending Conference Savannah
July 13-16 Leadership Conference Ponte Vedra, FL
     

Conventions/Events

 

May 20-22 Washington Legislative Visit Washington, DC
June 15-18 Annual Convention Dana Point, CA
     

 

Schools

 

March 12 - April 3 Bank Security Academy Macon and Savannah
Feb. 18-20 Southeastern School of Advanced Commercial Lending Nashville, TN
March 2-7 Southeastern School of Consumer Credit Nashville, TN
May 4-9 Georgia Banking School Athens
May 18-23 Southeastern School of Commercial Lending Nashville, TN
May 18-30 Graduate School of Banking at LSU Baton Rouge, LA
Nov. 2-7 Southern Operations & Technology School Athens

 

 

 

 

Seminars

 

Feb. 26 Power of Attorney & Living Trust Documents Webinar
Feb. 26 Employee Incentive & Motivational Strategies Webinar
Feb. 28

Basic Cash Flow Analysis

Webinar
March 4-5 Advanced Compliance Symposium Macon
March 4

Advanced Loan Documentation

Webinar
March 5 Lending to Municipalities Webinar
March 6 Collections & Recovery Macon
March 6

Implementing the New Identity Theft Red Flags, Part 2

Webinar
March 11 BSA, OFAC & Patriot Act Webinar
March 11 Cutting Your Losses for Frontline Personnel Webinar
March 12 Call Report for Banks - Highlights & Pitfalls Webinar
March 12 Ethics and Conflicts of Interest Webinar
March 12 Bank Security Academy, Session 5: Fraud Macon
March 13 2008 Update - Safe Deposit, the Fundamental Webinar
March 13 These People Drive Me Crazy Webinar
March 18

Allowance for Loan and Lease Losses Workshop
(This session is full but another is scheduled for March 19th)

Macon
March 18

Compliance Issues for Commercial Lending

Webinar
March 18 Opening Deposit Accounts, I: Business Accounts Webinar
March 19

Allowance for Loan and Lease Losses Workshop

Macon
March 19

The Art of Asking Questions: Your Key to Bank & Credit Union Sales -- Part 1

Webinar
March 26 The Art of Asking Questions: Your Key to Bank & Credit Union Sales -- Part 2 Webinar
March 27 Detecting "Counterfeit" Scams: Cashier Checks, Online-Chex, Money Grams & More Webinar
March 28 Lending to Self-Employed Individuals, Small Business Owners, Executives & Professionals Webinar
April 1 Analyzing Personal Financial Statements & Tax Returns Macon
April 2 Opening Deposit Accounts, II: Personal Accounts Webinar
April 16 Loan Documentation for Lenders Macon
April 23-24 Analyzing Commercial Financial Statements Macon
April 28 Opening Deposit Accounts III: Fiduciary Accounts Webinar
April 29 Legal Issues of New Account Documentation & Compliance Macon
April 30 Legal Issues of New Account Documentation & Compliance Gainesville
May 8 Advanced Consumer Lending Macon
May 14 Internal Audit Macon
May 28 Bankruptcy, Garnishment, Liens & Levies Macon
   
  American Institute of Banking (AIB)  
Ongoing AIB Online Courses Online
     
  AIB Classroom Courses  
March 18-May 20 Analyzing Financial Statements Atlanta
     
Board/Committee Meetings  
Feb. 27 GBA Retirement Services Board of Directors Atlanta
March 30-April 1 GBA Insurance Trust Board of Directors Cordele
April 10 GBA Board of Directors Macon
April 29-30 GBA Retirement Services Board of Directors Eatonton
July 27-29 GBA Insurance Trust, Inc. Board of Directors Ponte Vedra, FL
July 28-30 GBA Retirement Services, Inc. Board of Directors. Ponte Vedra, FL
Oct. 20-22 GBA Retirement Services, Inc. Board of Directors. Young Harris
Oct. 19-21 GBA Insurance Trust, Inc. Board of Directors Young Harris
     
  Roundtables/Peer Groups  
March 7 President/CEO Roundtable, Group 2 Macon
March 25 President/CEO Roundtable, Group 4 Macon
April 23 Finance Operations Roundtable A Macon
April 24 Finance Operations Roundtable B Macon
May 22 Finance Operations Roundtable C Macon
     
 
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Georgia Bankers Association • 50 Hurt Plaza, Suite 1050, Atlanta, GA 30303 • Phone 404.522.1501 • Fax 404.522.9848 • www.gabankers.com