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Today is: July 31, 2021  
 

NEW BCG Webinars Now Available On-Demand 

Each month, Bankers’ Compliance Group® offers BCG Members and Non-members educational Webinars featuring topics of up-to-the minute relevance. These Webinars are generally 1.5 to 2.0 hours in length and have a more narrow focus than our all-day BCG Seminars.  

If you have missed a recent Webinar, we invite you to watch the Webinar as an On-Demand Event.
See available BCG Webinar topics listed below.

If your company has previously registered for a BCG Event and has a username and password, select the “Returning Attendee Registration” button below. This link will require your institution's username and password. If you have difficulties with the login process, please email us at info@bankerscompliancegroup.com or call 949-553-0909.

If your company is registering for the first time or does not know its username and password for online registration, please select the “New Attendee Registration” button below.


 

 

 

BCG On-Demand Webinar Topics   


ACH Rights & Liabilities: NACHA's New Limitations on Warranty Claims

In providing ACH origination services as an originating depository financial institution (“ODFI”), one of the primary sources of risk generally comes from the warranties that ODFIs provide to other ACH participants, including that all ACH transactions are properly authorized and that the information in ACH entries is correct. As a receiving depository financial institution (“RDFI”), institutions are exposed to risk in the form of unauthorized ACH transactions, reversing entries, untimely returns and other operational risks.

To further complicate matters, effective June 30, 2021 the NACHA Rules were amended to implement new timing limitations on the warranty claims between an ODFI and an RDFI. In particular, a new rule provides for a significantly reduced length of time for an RDFI to make a claim based on the ODFI’s authorization warranty.

Due to the technical nature and complexity of the NACHA Rules, when processing ACH transactions financial institutions already have significant risk exposure for non-compliance with those rules, including potential fines and penalties. NACHA’s expectation is that the new limitations will create more certainty for transaction liability.

Join us at this Webinar as we discuss the new warranty limitations and other risk issues in the processing of ACH transactions, whether your institution is acting as an ODFI or an RDFI.
(Originally presented on July 27, 2021.)
(2.0 hours) BCG Members/$335 BCG Non-members/$435

   
 

ATM/Debit Card and ACH Unauthorized Claims Processes

Financial institutions need to ensure that their ATM/Debit Card and ACH unauthorized claims processes are compliant and up-to-date. This webinar addresses the claims process at it is impacted by Regulation E, Visa and MasterCard rules, the National Automated Clearing House Association (NACHA) Operating Rules, as well as California law. The presentation includes a discussion of relevant changes to the NACHA Operating Rules that take effect in 2021, including changes to the authorization requirements and new limits on the warranty claims process. Some of the questions we address include: What are the rights of financial institutions when it comes to denying these types of claims and does it make a difference whether a claim comes from a consumer or a commercial customer? How does a customer’s negligence in handling the card and PIN impact the claims process? What are the documents an institution can request, and how long does an institution have to complete its investigation?
(Originally presented on January 27, 2021.)

(2.0 hours) BCG Members/$335 BCG Non-members/$435

   
 

California Dreamin': An Update on Citizenship and Other Discrimination in California

Even though Regulation B’s commentary recognizes that an applicant’s immigration status could have a bearing on the creditor’s ability to obtain repayment, citizenship and immigration status discrimination nonetheless expose creditors to liability under both federal and California law.  For example, “Dreamers,” also known as DACA recipients, have been plaintiffs in at least two recent California class action lawsuits alleging this type of discrimination by creditors.  During this Webinar, we will discuss the current prohibited bases under the various federal and California fair lending laws, these two Dreamer cases, and other pressing fair lending compliance issues. Remember that fair lending compliance is a compliance issue that can expose a creditor to examiner criticism, enforcement actions, civil suits and bad press.  And more than ever, it has become a customer service issue.  To reduce this risk exposure, we encourage you to join us for this Webinar.
(Originally presented on June 16, 2021.)

(1.5 hours) BCG Members/$295 BCG Non-members/$395

   
 

The Demise of LIBOR: Where We've Come From and Where We're Going

For decades the London Interbank Offered Rate (LIBOR) has been a popular reference rate for commercial loans, residential mortgages, derivatives and swaps, as well as other credit instruments.  However, due to past abuses in the manipulation and reporting of LIBOR rates, it is expected that LIBOR will soon either no longer be published or will soon become a poor benchmark on which to base interest rates. Therefore, the banking industry is preparing to move away from LIBOR and use alternative indices.

Lenders should have already begun to transition legacy loan agreements and other financial contracts to a successor index or indices.  Fallback language that is currently found in many loan agreements, promissory notes and other contracts may be insufficient to protect a financial institution from disputes or litigation regarding successor indices. 

We will discuss the various approaches and contractual language that should be considered.  Lenders should also inventory the number and dollar amount of existing contracts that pose these contractual issues and develop a program addressing how to move these contracts to the new preferred indices.  In this presentation, we will discuss the strategies and planning around this major effort.
(Originally presented on July 14, 2021)
(1.5 hours) BCG Members/$295 BCG Non-members/$395

   
 

Levy Exemptions: Navigating The Levy Processing Nightmare

State and federal laws require financial institutions to leave a certain amount on deposit in an account for a depositor to use when served with a levy or other garnishment if the depositor’s account receives direct (electronic) deposits of certain state and federal benefit payments. There are yet other exemptions for set amounts, such as a child support order with a $3,500 exemption and California’s new exemption for all natural persons. To further confuse matters, there are new exemptions for COVID economic income payments made available under Governor Newsom’s executive order and recent relief legislation.

This is a very complicated area of law. This Webinar analyzes each of the automatic exemptions that a California financial institution is likely to face. We examine how financial institutions are expected to apply any given exemption whether served with a government or private party levy, attachment or order to withhold. Our discussion  also helps alleviate confusion expressed by many financial institutions regarding the conflicts between the various exemptions.
(Originally presented on February 11, 2021.)

(1.5 hours) BCG Members/$295 BCG Non-members/$395

   
 

Loan Participations Update 2021

Interest in the purchase of participations in commercial loans and also the purchase of whole commercial loans has increased as the pandemic and the related recession has subsided. Smaller institutions see these purchases as a way of growing their commercial loan portfolios, while larger institutions see the sale of participations and whole loans as a way of diversifying their portfolios. Institutions both large and small also may look to participations as a way of dealing with lending limit issues. Whatever the motivation, an institution buying or selling must carefully analyze the loan participation agreement. We will also discuss recent regulatory developments affecting loan participations that lenders should address.

Aldrich and Bonnefin is pleased to invite you and your commercial lending staff and audit and documentation staff, to attend our Webinar on Loan Participations and Whole-Loan Purchases.  Note that this Webinar will not provide a comprehensive review of the underwriting issues to be considered when selling or buying a loan participation or a whole loan. Rather, we will focus on certain specific regulatory and examination issues regarding loan participations. 
(Originally presented on June 29, 2021.)
(2.0 hours) BCG Members/$335 BCG Non-members/$435

   
 

 

 
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