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Today is: April 27, 2024  
 

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   


Advertising Deposit Accounts

This comprehensive Webinar will cover various forms of deposit promotions, including lottery prohibitions, “free” account marketing campaigns, “refer-a-friend” promotions and other giveaways. Our discussion will include a review of regulatory compliance expectations impacting deposit advertisements, including Regulation DD advertising disclosure requirements and IRS information reporting.
 
We will also discuss the FDIC’s recent modernization of its official sign requirements, with a focus on the impact to advertisements, websites and false advertising concerns.
 
This Webinar presentation will include a closer look at relevant regulatory consent orders and the hard “lessons learned” of other institutions.
(Originally presented on March 19, 2024)
(2.0 hours) BCG Members/$335 BCG Non-members/$435
   
 

ATM/Debit Card and ACH Unauthorized Claims Process

Financial institutions need to ensure that their ATM/Debit Card and ACH unauthorized claims processes are compliant and up-to-date. This Webinar will address the claims process at it is impacted by Regulation E, Visa and MasterCard rules, the National Automated Clearing House Association (NACHA) Operating Rules and California law.
 
As a part of this presentation we will discuss the recent influx of “peer-to-peer” payments fraud and the push to require financial institutions to shoulder more exposure. Where do we stand on this issue under Regulation E today? What might we expect to see from the CFPB?
 
Some additional questions we will 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 November 29, 2022)
(2.0 hours) BCG Members/$335 BCG Non-members/$435
   
 

California’s Unclaimed Property Law requires financial institutions to follow a two-step reporting process for unclaimed property. The Holder Notice Report is due annually by November 1st and includes a complete listing of a holder’s unclaimed property that is currently reportable. The property will not be remitted until the separate Holder Remit Report is filed the following year in June. We will discuss practice tips and reminders from the California State Controller’s Office to ensure your reports are approved and to avoid future interest assessments. The presentation will also outline the timelines for the escheat of deposit accounts, safe deposit box contents and financial institution-issued instruments. We also will address the legal notices required to be provided to customers at account opening and again Tuesday, January 16, 2024 prior to the reporting process.
 
(Originally presented on January 16, 2024)
(1.5 hours) BCG Members/$295 BCG Non-members/$395
   
 

Aldrich & Bonnefin, PLC is pleased to invite you to a Webinar on Home Equity Lines of Credit and the compliance requirements under the Truth in Lending Act and Regulation Z.
 
As most bankers know, HELOCs are compliance intensive. With special disclosures at the application stage and extra required disclosures in the account agreement, through tough restrictions on freezing or terminating HELOCs or changing any of the terms, offering home equity lines requires a detailed knowledge of the applicable rules. Periodic billing statements are also presenting issues for some lenders. Additionally the regulators’ “end of draw” guidance has created issues.
 
This Webinar takes a step-by-step approach, beginning with the early application disclosures, then addressing the special equity line disclosures that must be included at account opening, and ending with the restrictions on changing terms and freezing or terminating these credit lines. We will also touch on the right of rescission and periodic statements and finally how to “term out” an equity line. Plenty of examples and time for questions will be by provided.
 
(Originally presented on October 12, 2023)
(2.0 hours) BCG Members/$335 BCG Non-members/$435
   
 

Compliance Roundup Update for 2024

On December 13, 2023, Aldrich & Bonnefin is presenting a Webinar to highlight the regulatory changes that will have an impact on financial institutions and require action in 2024. This presentation will include a high-level review of developing areas of the financial services industry (including laws, regulations, and products) that are expected to undergo changes next year. These areas include consumer and mortgage lending, banking operations and corporate governance.

(Originally presented on December 13, 2023)
(2.0 hours) BCG Members/$335 BCG Non-members/$435

   
 

Doing Business with Family Trusts

Today more than ever, people are creating family trusts to potentially avoid the time, cost and complications associated with going through probate. As a result, financial institutions face more and more questions on how to deal with trusts and trustees.
 
To make matters more difficult, the trusts themselves are becoming increasingly more complicated, especially when the death of a trustor triggers a split of the trust into multiple trusts.
 
Join us for this Webinar as we discuss trusts in great detail and address the issues associated with providing financial services to trusts in both the lending and new account contexts.

(Originally presented on June 22, 2023)
(2.0 hours) BCG Members/$335 BCG Non-members/$435
 
   
 

Dealing with Financial Elder Abuse: When, What and How to Report

Instances of elder financial abuse and exploitation continue to be a problem for financial institutions. Fraudsters are constantly changing their tactics and consistently find ways to defraud elder adults. Many believe financial institutions are uniquely positioned to detect this type of fraud and to take appropriate action to prevent the exploitation of elder customers. For instance, California imposes a mandatory legal obligation on financial institutions to report known or suspected instances of elder financial abuse. However, there are certain legal restrictions that limit what financial institutions can do to prevent financial elder abuse.
 
Thus, it is important for financial institutions to understand what their obligations are when they suspect a customer may be a victim of financial elder abuse or exploitation. During this Webinar, we will examine the obligations imposed on financial institutions to report financial abuse, including compliance with the California Financial Elder Abuse Reporting Act, as well as FinCEN’s advisory highlighting behavioral and financial red flags to aid financial institutions with identifying, preventing, and reporting suspected elder financial exploitation.
 
Join us for this Webinar as we consider these topics as well as other common questions regarding financial elder abuse.

(Originally presented on August 16, 2023)
(1.5 hours) BCG Members/$295 BCG Non-members/$395
 
   
 

Dealing with Powers of Attorney

There are a number of laws governing powers of attorney which can make determining whether to accept any given power of attorney difficult. One of the main concerns is the extent of the rights of financial institutions when it comes to relying on a power of attorney. Further complicating matters, a lack of clarity in the specific terms of a power of attorney can raise concerns over whether an attorney-in-fact is authorized to access the principal’s financial accounts.
 
During this Webinar we will examine the protections afforded a financial institution when accepting a power of attorney that is covered by the California Power of Attorney Law. We will even address whether an institution can accept a copy of a power of attorney if the original is not available. Also, what if there are concerns over whether the principal is incapacitated, yet the power of attorney is not durable? How is the principal’s incapacitation even determined?
 
Join us at this Webinar as we consider these topics as well as other common questions, all in an attempt to help financial institutions make informed business decisions when presented with powers of attorney.

(Originally presented on July 25, 2023)
(1.5 hours) BCG Members/$295 BCG Non-members/$395
 
   
 

Flood Insurance Regulations "Basics"

What lenders most commonly trip on (and examiners’ impose civil money penalties for) are the flood insurance regulations’ basics. During this two-hour Webinar, we will do a deep dive into those basics, as well as discuss the most-pressing issues in connection with the mandatory purchase requirements (including contents coverage) and private flood insurance. It’ll be a Webinar mortgage and commercial real estate lenders shouldn’t miss!

(Originally presented on October 11, 2022)
(2.0 hours) BCG Members/$335 BCG Non-members/$435

   
 

Got Conflicts? Learn How to Recognize and Control Them!

This Webinar will provide a comprehensive discussion of the rules regarding conflicts of interest, insider transactions and other laws governing transactions with affiliates, executive officers, directors, and principal shareholders of financial institutions and their related interests. The program will cover the following topics:
 
 • Conflicts of interest and codes of conduct
 • Regulation O and loans to insiders
 • Regulation W and transactions with affiliates
 • California state laws regarding insider transactions
 • Loans to credit union officials
 • Bank Bribery Act and related laws
 • Foreign Corrupt Practices Act
 
We will begin with an overview of fiduciary duties and transactions that could pose a conflict of interest, which should be addressed in your institution’s Code of Conduct.
 
We will also discuss related issues regarding the indebtedness of executive officers and directors of related companies, such as bank holding companies and correspondent banks. Additionally, we will address transactions that are prohibited under the Bank Bribery Act and the Foreign Corrupt Practices Act. Don’t miss these hot examination topics!

(Originally presented on January 30, 2024)
(2.0 hours) BCG Members/$335 BCG Non-members/$435

   
 


Handling Subpoenas

The rules for responding to subpoenas and other government requests for information vary significantly, thereby making, it difficult to determine whether a financial institution should comply with a particular legal process. Many of the difficulties in properly producing the documents and records requested can also be attributed to overly broad or vague requests. For obvious reasons this can lead to confusion and claims against a financial institution for failing to respond properly.
 
This Webinar will focus on dealing with subpoenas served by private parties as well as those served by state and federal government agencies. Our discussion will include a detailed review of some of the more common legal process forms, with an emphasis on those areas of the forms financial institutions should pay particular attention to as well as the specific terminology used in describing the requested records.

(Originally presented on May 23, 2023)
(2.0 hours) BCG Members/$335 BCG Non-members/$435

   
 

IRS Information Reporting

Aldrich & Bonnefin, PLC* is pleased to invite you and your operations personnel to attend our BCG Webinar on IRS Information Reporting.
 
Our discussion will give institutions a general understanding of the IRS information reporting process. We will also address how and when to report promotional giveaways and prizes.
 
We will spend some time analyzing IRS information reporting requirements applicable to: deposit interest (1099-INT); deposit interest paid to certain non-resident alien depositors (1042-S); miscellaneous income (1099-MISC); original issue discount (1099-OID); mortgage interest (1098); discharged debt (1099-C); abandoned property (1099-A), FATCA Report (8966); and non-employee compensation (1099-NEC).(Originally presented on February 15, 2023.)
(1.5 hours) BCG Members/$295 BCG Non-members/$395
 
   
 

Legal Lending Limits: Don’t Put All Your Eggs in One Basket!

As the economy endures new stresses in the banking and business environment, it is a good time to review the laws and regulations relating to legal lending limits, or the regulators way of discouraging regulated financial institutions from putting all their eggs in one basket! In this program we will review the lending limit rules that apply to California state-chartered banks, national banks, credit unions, and savings associations. The latest developments regarding these rules, such as the opt out for inclusion of Accumulated Other Comprehensive Income (AOCI), will also be discussed.

The concept of limiting the aggregate amount a regulated depository institution may lend to one borrower or a group of borrowers has been embraced by lawmakers and regulators as a means of managing an institution’s loan concentrations of risk to one borrower or a group of related borrowers. As a general matter, regulators aggressively enforce the lending limit rules. Violations of these rules can subject a regulated institution, as well as its directors and senior officers, to severe penalties and other sanctions.  
(Originally presented on March 21, 2023.)
(2.0 hours) BCG Members/$335 BCG Non-members/$435
 
   
 

Letters of Credit Revisited 

The recent disruption in international commerce and increased trade disputes have resulted in an increase in the need for standby and commercial letters of credit. The supply chain issues and other recent world events have increased the likelihood that demands on letters of credit will be made, which in turn will put renewed focus on issues related to issuing and negotiating letters of credit, including the examination of documents.
 
Aldrich & Bonnefin, PLC is pleased to invite you to attend our Letters of Credit Revisited Webinar. During this Webinar, we will start with a discussion of regulatory issues impacting letters of credit, including legal lending limits, letters of credit involving affiliates, and BSA and OFAC due diligence requirements. We’ll then cover the basics of letters of credit and the rules that govern letters of credit, followed by more focused discussion of selected documentation examination issues.
(Originally presented on August 8, 2023.)
(1.5 hours) BCG Members/$295 BCG Non-members/$395
 
   
 

 
 
State and federal laws require financial institutions to apply automatic exemptions when served with a levy or garnishment against a depositor. This imposes an obligation on the institution to leave a certain amount on deposit in accounts of a depositor without requiring the depositor to take any action. 
 
Historically, these automatic exemptions were limited to situations where a depositor’s account received direct (electronic) deposits of certain state and federal benefit payments. The available automatic exemptions have expanded over the years to include other exemptions for set amounts, such as a child support order with a $3,500 exemption and California’s recent SB 616 exemption, which is applicable to all natural persons who maintain an account with a financial institution.
 
This is a very confusing and complicated area of law, especially since some automatic exempt amounts are required to be “stacked” with other exemptions while others require institutions to only apply the exemption that is for the higher amount.
 
This program will help guide financial institutions in applying the different exemptions, whether served with a government or private party levy or other type of garnishment.

(Originally presented on March 28, 2024)
(1.5 hours) BCG Members/$295 BCG Non-members/$395

   
 

 
 
Levy Processing: Avoiding the Hazards
 
Attempting to determine whether a debtor listed in alevy matches an institution’s customer as identified by the institution’s records can prove to be quite challenging, even to the very experienced. It does not help that the form of levy will be different depending on whether being served by a sheriff or one of the various government agencies.
 
To make things worse, there is significant risk of liability in making the wrong decision, either to the customer for wrongfully debiting an account or the levying creditor for failing to turn over the funds.
 
This Webinar will discuss the necessary steps in processing the different types of levies that are often served on financial institutions. We will also review the various forms and discuss examples to help you better understand how best to deal with any given levy.
(Originally presented on February 23, 2023.)
(1.5 hours) BCG Members/$335 BCG Non-members/$435
 
   
 

Overdraft and NSF Fees: Lessons Learned and Recent Developments 

Aldrich & Bonnefin, PLC* is pleased to invite you and your staff to attend our March 2023 Webinar, Overdraft and NSF Fees: Lessons Learned and Recent Developments. This program will provide a summary of the major overdraft‐related issues regulators appear to be currently focusing on, including authorized‐positive overdraft fees (APOFs) and NSF fees charged on re‐presented items. The program will also dive into recent overdraft‐related regulatory actions, including the CFPB’s recent enforcement actions against Wells Fargo and Regions Bank. The Webinar will also provide an overview of current and evolving regulatory expectations and UDAP/UDAAP issues raised by overdraft services. Overdraft and NSF fees continue to be a source of heightened regulatory scrutiny and litigation risk.

For these reasons, this program is not one to miss.

(Originally presented on March 7, 2023)
(2.0 hours) BCG Members/$335 BCG Non-members/$435

   
 

 
 
When things go awry and defaults occur with respect to loans secured by personal property, lenders will naturally look to their collateral to minimize losses. The attachment and perfection of a security interest in personal property collateral is essential to the enforcement of a security interest against the party pledging the collateral, as well as third parties with competing claims to the same collateral. The requirements and procedures for attachment and perfection of a security interest in personal property are set out in Division 9 of the California Uniform Commercial Code (CUCC).
 
Additionally, Senate Bill (SB) 95 became effective on January 1, 2024, which made various and significant changes to the CUCC with regard to security interests, including adding new types of personal property, changing the rules for perfecting security interests in certain types of property, and revising the definition of some key terms.
 
This Webinar will explain the necessary steps lenders must take to ensure they have an enforceable security interest under the CUCC, and will also discuss the new changes made by SB 95 that impact security interests in personal property.

(Originally presented on February 28, 2024)
(2.0 hours) BCG Members/$335 BCG Non-members/$435

   
 

 
 
Aldrich & Bonnefin, PLC is pleased to invite you to a Webinar that will provide an overview of recent “junk fee” regulatory activities, and practice tips to avoid related UDAP/UDAAP pitfalls. According to a 2023 White House circular, junk fees are “unnecessary, unavoidable, or surprise charges that inflate prices while adding little to no value.” Over the past year, the CFPB and other regulators have used their UDAP/UDAAP authority to cite institutions for charging alleged junk fees. The CFPB has cited several examples of what it might consider junk fees, including fees for “late penalties, overdrafts, returns, using an out-of-network ATM, money transfers, inactivity, and more.”
 
Given UDAP/UDAAP’s inherent subjectivity, and the uncertainty surrounding the exact definition of a “junk fee,” the new world of junk fee regulation is ambiguous and concerning. During this Webinar, we will discuss how regulators are defining junk fees through enforcement actions and provide an overview of UDAP/ UDAAP-related considerations in an effort to aid institutions in identifying potential junk fee red flags.

(Originally presented on October 25, 2023)
(2.0 hours) BCG Members/$335 BCG Non-members/$435

   
 

 
Under rules that became effective in 2014, all “loan originators” of consumer-purpose, dwelling-secured closed-end loans must receive training on state and federal laws applicable to their job duties. This requirement appears as part of the loan originator qualification requirements in Regulation Z Section 1026.36(f). It applies to all residential mortgage loan originators, both employees and third-party mortgage brokers. The training requirements apply to a loan originator regardless of whether he or she meets the definition of a “mortgage loan originator” under the SAFE Act. Under Regulation Z, the term “loan originator” is defined broadly and includes any employee who takes an application for a residential mortgage or offers, arranges or assists a consumer in obtaining or applying for a dwelling-secured, closed-end loan. The rule is limited to closed end mortgages; home equity lines of credit are not covered.
 
This two-hour Webinar will provide training that is relevant to all loan originators and will help fulfill their training requirements under Regulation Z. Under Regulation Z, training must cover both federal and state law that apply to the LO’s job responsibilities and, as such, this Webinar will cover both federal and state law.

(Originally presented on November 29, 2023)
(2.0 hours) BCG Members/$335 BCG Non-members/$435

   
 

Servicemember Protections Refresher

Servicemembers who wish to borrow money are protected by two very different bodies of federal law: the Servicemembers Civil Relief Act (SCRA) and the Military Lending Act (MLA). Together, SCRA and MLA provide a complex array of protections to servicemembers. The consequences of noncompliance can include fines, lawsuits, and reputational damage. In this Webinar, we will walk through the coverage, exemptions, required disclosures and substantive requirements of SCRA and MLA, as well as the various California law protections. This Webinar will also discuss recent California legal developments which impact the provision of financial services to servicemembers.

(Originally presented on February 20, 2024)
(2.0 hours) BCG Members/$335 BCG Non-members/$435

   
 

TILA and Regulation Z – Reviewing Some Basics

Aldrich & Bonnefin, PLC is pleased to invite you to a Webinar on the Truth in Lending Act (TILA) and Regulation Z to review some basics.
 
Each year we see from the banking agencies’ examination reports a variety of TILA and Regulation Z violations. In fact, the most troublesome areas of Regulation Z often come from rules that have not changed in decades. Those rules include Regulation Z’s coverage and exemptions, and the rules concerning finance charges, and a consumer’s right of rescission.
 
This Webinar takes a step-by-step approach, detailing Regulation Z’s coverage, along with exempt transactions, then addressing what is considered a finance charge, and ending with a discussion on the right of rescission, covering the who, when, and how of rescission.
 
We’ll include lots of examples of how these rules play out in the real world!

(Originally presented on September 7, 2023)
(2 hours) BCG Members/$335 BCG Non-members/$435 each Webinar

   
 

 

 

 

* Janet Bonnefin is retired from the practice of law with the firm.
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