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Today is: November 27, 2020  

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

If you have missed a recent Webinar (see the topics listed below), we invite you to order a CD by clicking on the gray button below. The CD includes the discussion outline referred to during the Webinar.

The California Consumer Privacy Act: Where we are Now (and The Road Ahead)
The California Consumer Privacy Act (CCPA) has been a moving target since it was first introduced in 2018. The statute itself was revised numerous times before becoming effective on January 1, 2020. Additionally, the California Attorney General proposed four different versions of the regulations before the Office of Administrative Law finalized the fifth version on August 14, 2020. This one-and-a-half hour Webinar will address the more significant, practical aspects of the CCPA, including among others, what information is covered by the CCPA, how to comply with the CCPA’s privacy notice obligations, and how to set up and respond to Requests to Know (RTK) and Requests to Delete (RTD). Additionally, we will discuss some current litigation trends and briefly discuss Proposition 24, “The California Privacy Rights and Enforcement Act” (CPREA) which will be on the ballot in November.
(Originally presented on October 29, 2020.)
(1.5 hours) BCG Members/$255 BCG Non-members/$355

Consumer and Mortgage Loan Modifications
With COVID-19’s financial impact lingering, consumers are still requesting forbearances or other types of loan modifications. Normally, creditors just have to contend with contractual questions, and provide disclosures under the Truth in Lending Act and to reduce UDAP/UDAAP disclosure. However, with the “Joint Statement on Additional Loan Accommodations Related to COVID-19” (dated August 3, 2020), it seems as if creditors must provide even more disclosures and may no longer offer the same loan modification to every borrower. This one-and-a-half hour Webinar will address both closed-end (non-revolving) and open-end (revolving) credit, including residential mortgage loans, home equity lines of credit (HELOCs) and other forms of consumer credit. There will be plenty of time for questions and answers.
(Originally presented on October 27, 2020.)
(1.5 hours) BCG Members/$255 BCG Non-members/$355

Flood Update Through Proposed Q&As
Since 1997, the banking agencies have issued “Interagency Questions and Answers Regarding Flood Insurance” to help lenders comply with the flood insurance regulations. The agencies last updated the Q&As in 2011. Over the nearly past decade, quite a bit has changed. For example, Congress has passed two laws amending the flood insurance regulations (the Biggert-Waters Flood Insurance Reform Act of 2012 (Biggert-Waters) and the 2014 Homeowner Flood Insurance Affordability Act (HFIAA)). As a result, the Q&As were terribly (and arguably dangerously) outdated. To get with the times, the agencies have proposed updated Q&As. As expected, the agencies propose to revise the Q&As to reflect Biggert-Waters, HFIAA and other changes to the National Flood Insurance Program. They are also proposing to expand the Q&As to address additional questions, such as when does flood insurance coverage need to be in place (that is, when is closing for purposes of the flood insurance regulations?). Additionally, the agencies propose to reorganize the Q&As by subtopic, enabling them to more easily revise the Q&As in the future. During this Webinar, we will use the proposed Q&As as the basis for an update on flood insurance regulation compliance. Although we will provide an overview of which Q&As will remain the same, our focus will be on the proposed amended and new Q&As. We expect to be flooded with questions, so bring them!
(Originally presented on October 20, 2020.)
(2.0 hours) BCG Members/$295 BCG Non-members/$395

RESPA Section 8 Update: What Not to Do
Section 8 of RESPA prohibits a lender or other party from paying or receiving a fee or other thing of value for the referral of a mortgage loan. Kickbacks and unearned fees are also prohibited. In contrast, paying for bona fide services is allowed. There is a tension between these provisions which can play out at several points for financial institutions. Marketing services agreements between mortgage lenders and realtors or other settlement service providers can be sources of trouble. The CFPB issued guidance in 2015 warning supervised lenders to be careful about making payments for “marketing services” when the person performing the marketing services was also referring mortgage business to the lender. The Bureau showed it meant business in enforcement actions taken against Prospect Mortgage, ReMax and other parties in California in 2017. Mortgage brokerage arrangements can also implicate RESPA Section 8. After all, what does a mortgage broker do besides refer mortgage business? (Answer: Perform defined compensable services as well). Even your compensation agreements with inside mortgage loan originators (MLOs) can bump up against Section 8 if salary, commissions and reimbursements are not structured carefully (this formerly abstruse concern raised its head in a recent examination). This Webinar will include a recap of the basic prohibitions of Section 8 and a detailed discussion of what to do (and not do).
(Originally presented on September 24, 2020.)
(2.0 hours) BCG Members/$295 BCG Non-members/$395

ACH Processing: Origination and Return Responsibilities
Due to the technical nature and complexity of the NACHA Rules, when processing ACH transactions financial institutions have significant risk exposure for non-compliance with those rules, including potential fines and penalties. Just understanding the proper ACH entries that may be used as well as the return code requirements can make it difficult to manage this risk. 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. This Webinar will cover these and other risk issues as well as the proper use of some of the common ACH credit and debit entries for both consumers and commercial businesses. Finally, we will include a discussion on the status and requirements for Same-day ACH Processing as institutions prepare for the latest implementation stage currently scheduled for March 19, 2021.
(Originally presented on August 13, 2020.)
(2.0 hours) BCG Members/$295 BCG Non-members/$395

Information Security: Incident Response and Breach Notification
Information security remains a high priority in the minds of the public and the regulators and consequently concerns over cybersecurity and security breaches remain important areas of risk. Since the adoption of the Gramm-Leach-Bliley Act in 1999 (GLBA), information security breaches have unfortunately become commonplace but are, if anything, becoming more terrifying. Breaches of data systems can expose a financial institution to regulatory criticism, civil liability and reputation risk. The banking regulators have long understood that security breaches are inevitable and while efforts must be made to prevent them, the real focus of examiners seems to be not on prevention but on the response. For this reason, this Webinar will address the laws and regulations that apply to information security breaches, including the specific requirements for financial institutions in responding to a breach.
(Originally presented on August 27, 2020.)
(1.5 hours) BCG Members/$255 BCG Non-members/$355

Check Fraud: Rights, Responsibilities and Liabilities
Aldrich & Bonnefin, PLC is pleased to invite you and your operations personnel to attend our Webinar on “Check Fraud: Rights, Responsibilities and Liabilities.” Despite advances in technology which enable new alternative payment systems, customers are still writing checks but, on the positive side, the check collection laws have finally started to adapt to improve the electronic check collection process. Of course, this also means the responsibility for forged and altered checks has also been evolving to shift responsibility where appropriate. At this Webinar, we will discuss the application of the UCC’s traditional allocation of liability for forged and altered checks as well as Regulation CC’s warranties and indemnities for checks collected electronically. Our discussion will include an analysis of whether the paying bank or the depositary bank is ultimately liable when fraud occurs and we will examine the common defenses that may be available. Finally, we will address the extent to which Regulation CC, the UCC and the ECCHO rules apply, which will ultimately depend on whether the checks were electronically collected through the federal reserve system or cleared through another financial institution.
(Originally presented on July 21, 2020.)
(2.0 hours) BCG Members/$295 BCG Non-members/$395

SBA’s June 2020 Changes to the PPP Loan Forgiveness Requirements and Recap of the Forgiveness Process
The Paycheck Protection Program (PPP) Flexibility Act of 2020 (H.R. 7010), enacted on June 5, 2020, revised various aspects of the PPP, including with respect to the loan forgiveness requirements. On June 3, 2020, Aldrich & Bonnefin presented a webinar entitled “SBA’s Paycheck Protection Program Update: Loan Forgiveness and SBA Guaranty,” which covered the interim final rules and the application form that the SBA had issued with respect to loan forgiveness. Since then, the SBA released a new interim final rule on June 22, 2020, which revises its loan forgiveness requirements in light of H.R. 7010. On June 16, 2020, the SBA also updated its loan forgiveness application form and released a new simplified version of that form. In this Webinar we will discuss these more recent changes made to the SBA’s PPP loan forgiveness requirements, focusing on the SBA’s June 22 interim final rule, as well as the updated loan forgiveness application form and the simplified application. We will also provide an overview of the PPP loan forgiveness process for lenders. Note that for this Webinar we will take the same outline we distributed for our June 3 Webinar and update it to address these recent developments. In this way attendees will have a single, up-to-date document covering all of the key provisions relating to the PPP loan forgiveness process (at least as of June 30!).
(Originally presented on July 1, 2020.)
(1.5 hours) BCG Members/$255 BCG Non-members/$355

CIP and the Beneficial Rule
Aldrich & Bonnefin is pleased to invite you to attend our Webinar on the interplay between the Customer Identification Program (CIP) and Beneficial Ownership rules. Complying with these rules can still be somewhat difficult despite, or perhaps due to, numerous FAQs having been issued by FinCEN. While CIP has been around since 2003, the adoption of the Beneficial Ownership Rule has actually forced many financial institutions to rethink their approach to CIP. There are still a number of questions that are raised by the rules. What are the differences between a financial institution’s obligation to verify the identity of a customer as compared to verifying the identity of a beneficial owner? Is there a requirement to obtain an unexpired driver’s license when opening an account for an existing customer? Is a new certificate of beneficial ownership required when a beneficial owner of a legal entity customer dies? These are just some of the issues that financial institutions encounter every day when opening accounts for customers or originating loans to borrowers. During this Webinar we will cover the requirements of each rule as well as how the FAQs issued over the years continue to raise compliance concerns
(Originally presented on July 15, 2020.)
(2.0 hours) BCG Members/$295 BCG Non-members/$395

SBA’s Paycheck Protection Program Update: Loan Forgiveness and SBA Guaranty
The U.S. Small Business Administration’s Paycheck Protection Program (PPP) has provided much needed funds during the COVID-19 pandemic for businesses large and small across the country. The PPP has also provided lenders with another welcomed source of revenue. Once funding for the PPP is exhausted, borrowers and lenders alike will be turning their attention to the SBA’s promise to forgive PPP loans, which will be dependent on the borrower’s eligibility for a PPP loan and satisfying the SBA’s other requirements for loan forgiveness. Also, assuming a portion or all of a PPP loan is not forgiven, then the SBA’s guaranty will also be a point of concern for lenders. In this webinar we will discuss the SBA’s requirements for forgiveness of PPP loans and its guaranty as provided in the SBA’s various interim final rules, FAQs and other releases. We will also discuss pitfalls and potential concerns for lenders with respect to these issues.
(Originally presented on June 3, 2020.)
(1.5 hours) BCG Members/$255 BCG Non-members/$355

Alternatives to LIBOR—Current Issues Facing Lenders
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, LIBOR will soon either no longer be published or will become a poor benchmark on which to base interest rates. It is anticipated that current participating banks will only continue to submit these rates through the end of 2021. Therefore, the banking industry is preparing to move away from LIBOR to a new index or indices.

Lenders should begin planning now to transition legacy loan agreements and other financial contracts to a successor index or indices. Fallback language which is currently found in many loan agreements, notes and other agreements may be insufficient to protect a lender from disputes or litigation regarding successor rates. Current loan modifications being requested by borrowers due to the COVID-19 crisis pose an excellent opportunity to add clarifying language. We will discuss the various approaches and contractual language that might be considered. Lenders should be inventorying the number and dollar amount of existing contracts which pose these 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 now underway.
(Originally presented on June 11, 2020.)
(1.5 hours) BCG Members/$255 BCG Non-members/$355

California Unclaimed Property Laws
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 prior to the reporting process.
(Originally presented on May 7, 2020.)
(1.5 hours) BCG Members/$255 BCG Non-members/$355

Fair Lending Update
Even in a crisis, fair lending compliance should remain at the forefront of every creditor’s loan origination and servicing activities. This is not just because it is a compliance issue that can expose a creditor to examiner criticism, enforcement actions, civil suits and bad press, but more than ever, it has become a customer service issue. During this webinar, we will discuss how to maintain those fair lending compliance activities and what are currently the most pressing fair lending compliance issues.
(Originally presented on May 12, 2020.)
(1.5 hours) BCG Members/$255 BCG Non-members/$355

Loan Modifications: COVID-19 & Beyond
Many lenders have expressed interest in how to document and disclose loan modi?cations and deferrals in recent weeks. While COVID-19 was the initial impetus, a likely recession in 2020-2021 will keep the need for forbearances and modifications on the front burner. Modifying an existing loan can raise surprisingly complex contractual questions. Will interest still accrue during the deferral? When will it have to be repaid? Will there be higher payments after the deferral or a balloon payment or some hybrid of the two? Disclosure issues come up too. Which truth in lending change-in-terms disclosures will be triggered (and how do I give them)? How do we manage UDAP issues as well? This two-hour webinar will address both closed-end (non-revolving) and open-end (revolving) credit, including term mortgages, home equity lines of credit and other forms of consumer credit. There will be plenty of time for questions and answers.
(Originally presented on May 20, 2020.)
(2.0 hours) BCG Members/$295 BCG Non-members/$395

Documenting Your Customers
With all the different types of business entities, lenders and new accounts personnel have challenges in properly identifying their customers or members and in understanding an entity’s legal structure. Customer Identification Program rules impose specific regulatory requirements for identifying borrowers. In addition, the Beneficial Ownership Rule applies. For example, a failure to identify a borrower properly may not only impair the lender’s security interest and put the collectability of the entire loan at risk due to UCC Article 9’s requirements, but also could result in compliance violations. The same can be said if an institution fails to properly identify a new customer opening a deposit account — it could result in any number of compliance violations, including violations of OFAC, BSA and IRS information reporting regulations. This Webinar will address these issues in a “workshop” format providing checklists for the types of documents that financial institutions should obtain from the various types of business entities.
(Originally presented on March 19, 2020.)
(2.0 hours) BCG Members/$295 BCG Non-members/$395

BSA Compliance Customer Due Diligence
Due to the ever-increasing regulatory scrutiny and requirements, as well as advanced money laundering schemes and terrorist financing activities, it is becoming more and more difficult to effectively manage BSA risk. While identifying customers and obtaining beneficial information is not overly complicated, once you have identified a customer, what should you do next? Should you even open the account? And if you do, what information should you obtain and what type of monitoring efforts are you required to perform? This Webinar is designed to provide straightforward training necessary to help you and your staff understand a financial institution’s customer due diligence (CDD) obligations under the Bank Secrecy Act, including enhanced due diligence (EDD) expectations when providing services to high-risk businesses. And of course, meeting these requirements would not be possible without also understanding the obligation to adequately identify the risks within the institution’s own business operations.
(Originally presented on March 26, 2020.)
(1.5 hours) BCG Members/$255 BCG Non-members/$355

Doing Business with Family Trusts
Family trusts, once the exclusive preserve of the wealthy, have become commonplace. As a result, financial institutions face questions every day on how to deal with trusts and trustees. Trusts are remarkably flexible vehicles, with the result that very few hard-and-fast rules apply. We will address both lending and bank operations issues. As the baby boomers enter into their twilight years, financial institutions are increasingly facing new issues as to the succession of trustees, bifurcation of trusts (“A” and “B” trusts), and dealing with holders of powers of attorney who think they can manage a trust. You will receive a downloadable, detailed discussion outline, not just skimpy PowerPoint slides!
(Originally presented on February 27, 2020.)
(2.0 hours) BCG Members/$295 BCG Non-members/$395

Understanding Powers of Attorney
There are a number of laws governing powers of attorney which makes determining whether to accept any given power of attorney difficult. Further complicating matters, often a power of attorney is not clearly drafted which then raises concerns over whether to permit the attorney-in-fact to access the principal’s financial accounts or safe deposit boxes. What are the rights of financial institutions when it comes to relying on a power of attorney? Can an institution accept a copy of a power of attorney if the original is not available? 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? What if there are multiple attorneys-in-fact or multiple powers of attorney? Join us at this Webinar as we answer these and other questions. As part of our discussion, we will also consider the protections afforded a financial institution when accepting a power of attorney that is covered by the California Probate Code.
(Originally presented on February 25, 2020.)
(1.5 hours) BCG Members/$255 BCG Non-members/$355

The ABCs of the FDCPA
When collecting consumer debts, California creditors are subject to two bodies of law – the federal Fair Debt Collection Practices Act (Federal FDCPA) and the California Rosenthal Fair Debt Collection Practices Act (Rosenthal Act). The two laws apply to most attempts to collect a consumer loan, which now includes a mortgage loan under amendments made by SB 187, effective January 1, 2020. The Federal FDCPA and Rosenthal Act combine to establish a crosshatch of rules on how and when a “debt collector” may contact a consumer for purposes of debt collection. Under the Rosenthal Act even first-party creditors are covered as debt collectors and indeed must comply with most of the Federal FDCPA in addition to Rosenthal’s unique provisions. Abusive practices are prohibited as is most contact with third parties such as a debtor’s family members and employer. Even envelope exteriors are regulated.
(Originally presented on January 29, 2020.)
(1.5 hours) BCG Members/$255 BCG Non-members/$355

Wire Transfers: Rights and Responsibilities
Financial institutions face significant risk exposure from unauthorized or defective wire transfers and that risk can be mitigated by understanding the rights and responsibilities of the institution. As part of this mitigation, we will discuss potential defenses to unauthorized wire transfer claims and the need for using security procedures that are commercially reasonable for any given customer. Of equal importance is understanding the circumstances under which a wire transfer can be cancelled or amended. Did you know there is an inherent risk as an originator’s bank to act on a customer’s request to cancel or amend a recently sent wire transfer? In fact, not only does requesting cancellation to assist a customer result in the institution indemnifying the beneficiary’s bank, but it may also be a violation of federal regulations. These and other issues will be explored in detail in this webinar in order to help financial institutions implement appropriate policies and procedures for dealing with both outgoing and incoming wire transfers.
(Originally presented on January 23, 2020.)
(2.0 hours) BCG Members/$295 BCG Non-members/$395

Handling Levies and Executions
Attempting to determine whether a levy or other garnishment will reach a customer’s account can be extremely challenging, even to the very experienced. This is further complicated by the fact that the form of levy will be different depending on whether the levy is served by a sheriff or one of the various government agencies. This Webinar will discuss the fundamentals of processing a levy and important principles for determining whether a particular type of account is subject to a levy. 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 November 21, 2019.)
(2.0 hours) BCG Members/$295 BCG Non-members/$395

Notices of Adverse Action: When to Send Them & What to Say
Notices of adverse action remain a constant thorn in the side of lenders and their compliance managers. Issues arise as to the required timing of adverse action notices as well as the required contents. Complicating matters, most adverse action notices need to fulfill the requirements of two separate but related laws, ECOA/Regulation B and the Fair Credit Reporting Act (FCRA). Finally, regulators tend to treat adverse action notices as the critical leading edge of an institution’s overall ECOA and fair lending compliance program. We discuss the required timing and contents of adverse action notices under Regulation B and the FCRA. The main focus is on applications for credit, both consumer and business, although we will briefly discuss non-credit adverse action notices as well.
(Originally presented on September 24, 2019.)
(2.0 hours) BCG Members/$295 BCG Non-members/$395

ATM/Debit Card and ACH Unauthorized Claims Processes
This webinar addresses the claims process for handling unauthorized transactions claims at it is impacted by Regulation E, Visa and MasterCard rules, the National Automated Clearing House Association (NACHA) Operating Rules and California law. 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? We also look at sample forms used in the claims handling process.
(Originally presented on August 29, 2019.)
(2.0 hours) BCG Members/$295 BCG Non-members/$395

Loan Participations Update
Interest in the purchase and sale of participations in commercial loans (and also the purchase of whole commercial loans) has increased over the last several years. 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 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. Lenders must also consider recent regulatory developments. This Webinar focuses on certain specific issues regarding loan participations.
(Originally presented on August 20, 2019.)
(2.0 hours) BCG Members/$295 BCG Non-members/$395

Vendor Management
Financial institutions are increasingly outsourcing activities and processes to third parties. It is no surprise that federal banking regulators have emphasized the need for institutions to manage the risks associated with vendor relationships. In some cases, the failure to adequately manage these relationships have resulted in significant regulatory penalties, legal risks and reputational damage. Join us as we discuss the federal regulators’ expectations regarding your institution’s vendor management program, including the need for your board’s involvement, critical risk assessments, vendor selection, negotiating vendor agreements, and your ongoing monitoring obligations. We include a discussion of due diligence and contract negotiation checklists incorporating the various considerations that should be a part of your vendor management program.
(Originally presented on July 24, 2019.)
(2.0 hours) BCG Members/$295 BCG Non-members/$395

Death of Borrowers
Death comes to all but dying with debt is more common than it used to be. This webinar addresses a number of practical questions faced by lenders when a borrower (or the principal owner of a business borrower) dies. We address the immediate and longer-term steps a lender may (or must) take to protect its legal right to repayment while remaining considerate of the human loss the survivors have experienced. For example, how does a lender file a claim in a decedent’s probate estate? Is a secured lender even required to file a claim in probate? Is the borrower’s death an “event of default” under the loan? Can we set off against the decedent’s deposit account? What are the obligations as to “successors in interest” of the property on a residential mortgage loan? The webinar includes a detailed and useful discussion outline and plenty of time for hypotheticals, and questions and answers.
(Originally presented on July 18, 2019.)
(2.0 hours) BCG Members/$295 BCG Non-members/$395

Check Fraud and Regulation CC Final Rule: One Year Later
Despite advances in technology which enable new alternative payment systems, checks are still not going away anytime soon and the check collection laws have finally started to adapt to keep pace with electronic check collection. This detailed discussion includes Regulation CC’s new warranties and indemnities for checks collected electronically as well as whether the paying bank or the depositary bank is ultimately liable when fraud occurs. We also discuss an additional amendment to Regulation CC that went into effect January 1, 2019, which addresses disputes over whether an electronic check is either forged or altered. Finally, we address the applicability of Regulation CC, the UCC and the ECCHO rules, which will depend on whether the fraudulent checks were electronically collected through the federal reserve system.
(Originally presented on June 20, 2019.)
(2 hours) BCG Members/$295 BCG Non-members/$395

Virtual Currencies and Blockchain Technology in Banking
With virtual currencies and blockchain technology becoming increasingly popular and commonplace, they are making their way into the banking industry. In this Webinar, we dive into the world of virtual currencies and blockchain technology, and consider the products and services banks provide to virtual currency-related businesses and how financial institutions may utilize blockchain technology. As we explore blockchains and virtual currencies, and the related financial products and services, we also discuss the associated legal and regulatory issues as well as the related risks.
(Originally presented on May 29, 2019.)
(1.5 hours) BCG Members/$255 BCG Non-members/$355

IRS Information Reporting
This webinar gives institutions a general understanding of the tax information reporting process. Specifically, we discuss the taxpayer identification number and withholding certification requirements (Form W-9 and Forms W-8). We also spend time discussing the tax information reporting requirements for deposit interest (1099-INT), miscellaneous income (1099-MISC), original issue discount (1099-OID), mortgage interest (1098), discharged debt (1099-C) and abandoned property (1099-A). Hot topics include the latest guidance on foreign TIN requirements applicable to nonresident alien depositors and FATCA highlights.
(Originally presented on May 23, 2019.)
(2 hours) BCG Members/$295 BCG Non-members/$395

How to Review a Private Flood Insurance Policy
As of July 1, 2019, regulated lenders will have to start accepting private flood insurance (PFI) policies. Are you ready? Do you know when you must or may accept a PFI policy? On the flipside, do you know when you are not permitted to accept a PFI? If you answered “no” to any of these questions, we have the webinar for you. This webinar on “How to Review a Private Flood Insurance Policy” will help you answer “yes” to these questions. The Outline includes checklists to help you start reviewing PFI policies by walking you through some low-hanging fruit and common PFI issues.
(Originally presented on April 30, 2019.)
(1.5 hours) BCG Members/$255 BCG Non-members/$355

Home Equity Lines of Credit
Home equity lines of credit are compliance intensive. Beginning with special disclosures at the application stage and extra required disclosures in the account agreement, and continuing with 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. This Webinar takes a step-by-step approach, beginning with the advertising requirements, followed by 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 also touch briefly on the right of rescission and periodic statements. Plenty of examples are provided.
(Originally presented on April 24, 2019.)
(2 hours) BCG Members/$295 BCG Non-members/$395

Lotteries, Sweepstakes and Other Deposit Promotions
This comprehensive webinar covers various forms of deposit promotions, including lotteries, sweepstakes, and their compliance considerations. California recently made it easier for financial institutions to offer lottery promotions in connection with savings accounts. We discuss lotteries, legal and illegal, and address pressing questions related to other types of promotions. We take a closer look at the “lessons learned” by other institutions. We address privacy and other considerations impacting “refer a friend” promotions, as well as the ever-changing programs used to entice CD deposits. In addition, we also review the regulatory compliance expectations, including Regulation DD advertising disclosure requirements and IRS information reporting.
(Originally presented on March 21, 2019.)
(2 hours) BCG Members/$295 BCG Non-members/$395

ACH Processing: ODFI and RDFI Rights and Responsibilities
Financial institutions that process automated clearing house (ACH) transactions are exposed to various types of risk when providing ACH origination services (as an originating depository financial institution – or ODFI) or receiving ACH transactions (as a receiving depository financial institution – or RDFI). Both ODFIs and RDFIs also have risk exposure for non-compliance with the NACHA Rules, including potential fines and penalties. This Webinar discusses various ACH risks presented to institutions functioning as ODFIs and RDFIs and discusses how financial institutions can manage those risks. We also discuss some of the recent and upcoming changes to the NACHA Rules that may impact a financial institution’s ACH risk exposure.
(Originally presented on February 27, 2019.)
(2 hours) BCG Members/$295 BCG Non-members/$395

Regulatory Compliance Training for Loan Originators
Under rules that became effective in 2014, all loan originators of dwelling-secured credit must receive training on state and federal laws applicable to their job duties. 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, training must cover both federal and state law applicable to the LO’s job responsibilities. This Webinar covers both state and federal law. The rule is limited to closed-end mortgages; home equity lines of credit are not covered. This two-hour Webinar provides training that is relevant to all loan originators and will help fulfill their training requirements under Regulation Z.
(Originally presented on February 21, 2019.)
(2 hours) BCG Members/$295 BCG Non-members/$395

Servicemember Protections Refresher
Servicemembers who wish to borrow money are protected by two very different bodies of law: the Military Lending Act (MLA) and the Servicemembers Civil Relief Act (SCRA). Together the MLA and SCRA provide a complex array of protections to servicemembers. For example, the SCRA imposes a maximum interest rate of 6% on all credit extended to active duty servicemembers but only if the loan was made before active duty commenced. The MLA regulations, in contrast, generally apply to credit extended during the period of active military service. The MLA imposes a maximum “military APR,” requires certain disclosures, and prohibits certain contract provisions such as waivers of rights. In this webinar we carefully walk through the coverage, exemptions, required disclosures and substantive requirements of the SCRA and the MLA.
(Originally presented on January 24, 2019.)
(2 hours) BCG Members/$295 BCG Non-members/$395

Responding to a Data Breach
Since the adoption of the Gramm-Leach-Bliley Act in 1999 (GLBA), information security breaches have become commonplace and are becoming more terrifying. Breaches of data systems can expose a financial institution to regulatory criticism, civil liability and reputation risk. The banking regulators were prescient in seeing that security breaches are inevitable. While efforts must be made to prevent them, the real focus of examiners is not on prevention but on the response. This webinar addresses the do’s and don’ts of responding to an information security breach at a financial institution.
(Originally presented on November 27, 2018.)
(2 hours) BCG Members/$295 BCG Non-members/$395

Complying with the Beneficial Ownership Rule
Complying with the Beneficial Ownership Rule can be somewhat difficult despite that FinCEN has issued multiple FAQs. While we cover the basic requirements for obtaining beneficial ownership information for customers, we also explain some of the more confusing and vague areas. We discuss the FAQs as well as how those FAQs have raised yet other compliance concerns, including the treatment of certificate of deposit and loan renewals, what is actually considered a new account, applying the rule to new services added to existing accounts, and the treatment of both property management and formal trust accounts.
(Originally presented on November 6, 2018.)
(2 hours) BCG Members/$295 BCG Non-members/$395

Selected Loan Workout and Collection Issues
Over the last few years, lenders have generally enjoyed good credit quality and a minimum of nonperforming loans.  However, with interest rates increasing, the economic cycle maturing and borrower stress likely to follow, financial institutions should begin to staff up for loan workouts and collection activities. This webinar addresses loan workout structuring and alternatives, as well as regulatory issues raised in the collection process.  We also discuss selected bankruptcy issues.  In addition, the webinar includes a discussion of issues lenders may encounter when foreclosing on real estate collateral, as well as issues related to foreclosing on personal property collateral.
(Originally presented on October 30, 2018.)
(2 hours) BCG Members/$295 BCG Non-members/$395

Letters of Credit: An Overview
More and more regional and independent financial institutions have found that in order to adequately service their clients, they must offer standby and commercial letters of credit products and services. During this Webinar, we start with a basic discussion about letters of credit and the rules that govern letters of credit, followed by a more focused discussion on regulatory issues and document examination issues relating to standby and commercial letters of credit.
(Originally presented on September 20, 2018.)
(2 hours) BCG Members/$295 BCG Non-members/$395

Financing Special Types of Collateral
Commercial lenders are called upon to finance all different types of collateral for their commercial borrowers. In this webinar, we address the issues associated with several types of collateral from a lending, legal and perfection point of view. Good lending practices will be emphasized, with a focus on understanding the types of loan provisions that will assist the lender in managing different types of financing. We will discuss certain pitfalls and problems and how to properly perfect a security interest for each type of collateral.
(Originally presented on July 26, 2018.)
(2 hours) BCG Members/$295 BCG Non-members/$395

Insider and Affiliate Transactions
This Webinar provides a comprehensive discussion of rules under Regulations O and W and other laws covering loans to executive officers, directors and principal shareholders of financial institutions and their related interests, as well as the rules governing affiliate transactions. We discuss related issues as to the indebtedness of executive officers and directors of registered companies, such as bank holding companies. We also address restrictions on loans to federal and state credit union officials and senior management. Additionally we briefly discuss restrictions on the payment of interest on deposits of insiders.
(Originally presented on May 23, 2018.)
(2 hours) BCG Members/$295 BCG Non-members/$395

Understanding the Consumer’s Right of Rescission
Under Regulation Z the right of rescission allows the consumer time to think over a credit transaction that involves a non-purchase money lien on the consumer’s home and to cancel the transaction if desired. However, it is the lender’s responsibility to determine whether a particular transaction is subject to the right of rescission, and if so, properly complete and provide the rescission notices and related disclosures. If the rescission notice is never delivered to the consumer or is incorrect, there are harsh consequences for the lender, including an extension of the consumer’s rescission period for up to three years. This Webinar addresses the requirements surrounding the right of rescission.
(Originally presented on March 27, 2018.)
(1.5 hours) BCG Members/$255 BCG Non-members/$355

New April 2018 Mortgage Servicing Rules
Beginning on April 19, 2018, new mortgage servicing rules for closed-end mortgage loans will take effect which will impact small and large servicers alike. This Webinar provides a useful review of the new requirements relating to “successors in interest” and “confirmed successors in interest,” which have been incorporated into both TILA (Regulation Z) and RESPA (Regulation X). Lenders will be required to provide certain disclosures under Regulations Z and X to confirmed successors in interest. We discuss which disclosures and other rules will apply to confirmed successors in interest. In addition we discuss the new mortgage periodic statement requirements under Regulation Z, which will require lenders to send modified periodic statements to certain consumers in bankruptcy.
(Originally presented on February 21, 2018.)
(2 hours) BCG Members/$295 BCG Non-members/$395

HMDA & Regulation C Update
Financial institutions and other lenders are now subject to the new data collection requirements under HMDA and “new” Regulation C, which went into effect on January 1, 2018. The implementation process has been challenging for everyone – and questions continue to be raised regarding how to comply with the new rules. Wereview the 2018 coverage rules for lenders and the types of transactions that are subject to HMDA reporting (and those that are not). Wealso address in more detail the complicated demographic information collection and reporting requirements, the FFIEC’s HMDA examiner transaction testing guidelines, and focus on some of the more problematic aspects of the new data collection requirements.
(Originally presented on January 30, 2018.)
(2 hours) BCG Members/$295 BCG Non-members/$395

Checklist for Critical Appraisal Reviews
When examining commercial real estate loan and construction loan files, the regulators often will focus on the appraisal of the collateral in an effort to confirm that the value assigned to the collateral is a reliable value, as well as to confirm that the lender undertook a proper review of the appraisal (as required under the appraisal guidelines). Often, an examiner’s scrutiny of an appraisal report will be intense, with the examiner looking for unreasonable assumptions and faulty data used by the appraiser. A lender must critically and thoroughly review each appraisal obtained in connection with a commercial real estate or construction loan transaction. During this informative Webinar we will discuss many of the issues that a lender should consider when reviewing an appraisal, including issues often raised by regulatory examiners when criticizing appraisals.
(Originally presented on August 23, 2017.)
(1.5 hours) BCG Members/$255 BCG Non-members/$355

Important Terms Every Deposit Account Agreement Should Carefully Address
There are a number of disclosures that financial institutions are required to provide to their depositors at account opening and most of these disclosures are often included in a deposit account agreement. However, in addition to certain mandated disclosures, most deposit account agreements also contain numerous additional terms and conditions that govern the relationship between an institution and its depositors. It is these additional terms and conditions that are crucial in affording adequate protections to the financial institution. We discuss substantive -issues which the account agreement should clearly address and the need to include some of the more important terms and conditions.
(Originally presented on June 28, 2017.)
(1.5 hours) BCG Members/$255 BCG Non-members/$355

Striving for Perfection when Perfecting Security Interests in Personal Property
Lenders look to their collateral to minimize losses when things go awry and defaults occur with loans secured by personal property. The attachment and perfection of a security interest in personal property collateral is essential to the enforcement of a security interest against a borrower or other pledgor (such as a guarantor). The requirements and procedures for attachment and perfection of a security interest in personal property are set out in Division 9 of the Uniform Commercial Code as adopted in California. This Webinar explains the necessary steps lenders must take to have an enforceable security interest under the UCC and possible pitfalls to avoid when attaching and perfecting your security interest.
(Originally presented on June 21, 2017.)
(1.5 hours) BCG Members/$255 BCG Non-members/$355

CRA — A Look at Selected Issues
While the Community Reinvestment Act (CRA) regulations have remained constant over the past several years, the banking agencies did issue revisions in July 2016 to the CRA Interagency Questions and Answers. Among other things, the revisions provide additional guidance regarding alternative systems for delivering retail banking services, certain community development activities and qualitative factors for evaluating an institution's CRA performance. Join us as we recap the changes made to the CRA Q&As, delve into what qualifies as “community development” and provide ways to identify community development opportunities, including CD resources.
(Originally presented on April 27, 2017.)
(1.5 hours) BCG Members/$255 BCG Non-members/$355

Guaranties in the Lending World
Lenders frequently structure commercial loans to include guaranties by third parties with a personal or financial interest in the borrower. Yet, lenders are often unaware of the emerging complexity of the law concerning guaranties and third-party pledges. Join us for this informative Webinar as we discuss the use of guaranties in the lending world. This Webinar includes a discussion on the various types and uses of a guaranty and the elements of a guaranty, with a focus on the importance of the waivers by the guarantor and ways of preventing a sham guaranty.
(Originally presented on March 21, 2017.)
(1.5 hours) BCG Members/$255 BCG Non-members/$355

Military Lending Act & Regulations
The Department of Defense regulations under the Military Lending Act (MLA) apply to most types of consumer loans. This Webinar discusses the requirements of the MLA regulations, including who is protected by the regulations, what types of loans are covered, how to verify whether an applicant is a “covered borrower,” and the required loan disclosures. We also discuss the contract limitations that apply to creditors when making consumer loans to covered borrowers.
(Originally presented on September 15, 2016.)
(2 hours) BCG Members/$295 BCG Non-members/$395

Everything You’ve Always Wanted to Know About Escrow (Impound) Accounts, But Were Afraid to Ask
New flood insurance regulations that go into effect on January 1, 2016 will require escrowing of most flood insurance premiums on residential loans. Join us as we discuss the “new” escrow rules, even if they are just new to you. We will also touch on the older rules on escrow account analyses and how the escrow holder must deal with a surplus, deficiency or shortage (and how they differ).
(Originally presented on November 19, 2015.)
(1.5 hours) BCG Members/$255 BCG Non-members/$355 (2 hours)

Compliance Responsibilities of Financial Institution Directors
In this program, we identify the areas of compliance that require, at least annually, review and approval by a financial institution’s board of directors.  In addition, we identify specific areas where annual review and approval is not specifically required by law or regulation, but periodic reviews are recommended.  A helpful board checklist is also provided.
(Originally presented May 21, 2015.)
(1.5 hours) (BCG Members/$255 BCG Non-members/$355)

Compensation & Indemnification of Directors and Officers Today
In this program we broadly review the rules and regulations associated with compensation and indemnification.  In particular, we review requirements imposed by the Sarbanes-Oxley Act and stock exchange listing rules, the Emergency Economic Stabilization Act (for TARP recipients), the Dodd-Frank Reform Act, California state law and federal banking regulations.  This presentation is an opportunity to bring your compensation and indemnification procedures up to date!
(Originally presented March 26, 2015.)
(2 hours) BCG Members/$295   BCG Non-members/$395

Your Customer Files Bankruptcy: What You Need to Know
Bankruptcy filings have been reaching record levels. This Webinar explores the rules of the Bankruptcy Code as they affect your loans and deposit accounts and assists you in developing an action plan to effectively deal with a customer’s bankruptcy filing. After a brief overview of the federal bankruptcy system and concepts that are essential to understanding the requirements of the Bankruptcy Code, the discussion is centered around case studies based on real-life loan and deposit account situations.
(Originally presented June 26, 2014.)
(2 hours) (BCG Members/$295 BCG Non-members/$395)


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