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Today is: October 20, 2018  
 

Did You Miss a BCG Webinar?
No Worries…Audiovisual Recordings are Available for Purchase!

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-ROM by calling 888-599-1193 or emailing us at info@bankerscompliancegroup.com.

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 September 27, 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

ATM and Debit Card Claims Process
While the rules covering ATM, debit card and other electronic fund transfer claims have not changed in recent years, financial institutions need to ensure that their claims processes are still compliant and up-to-date. This Webinar addresses the claims process as it is impacted by Regulation E, Visa and MasterCard rules, and California law. Some of the questions we address include: What are the rights of financial institutions when it comes to denying these claims and does it make a difference whether the 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 August 28, 2018.)
(1.5 hours) BCG Members/$255 BCG Non-members/$355

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

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 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. (Originally presented on July 18, 2018.)
(2 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. We discuss regulators’ expectations regarding vendor management programs, including the need for your board’s involvement, critical risk assessments, vendor selection, negotiating vendor agreements, and your ongoing monitoring obligations. We also discuss due diligence and contract negotiation checklists that incorporate the various considerations that should be a part of your vendor management program. (Originally presented on June 27, 2018.)
(2 hours) BCG Members/$295 BCG Non-members/$395

Dealing with Powers of Attorney
While the laws governing powers of attorney are not overly complicated, in practice determining whether to accept any given power of attorney can be difficult. Common questions include, what are the rights of financial institutions when it comes to relying on a power of attorney? Can the 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? Join us for this Webinar as we answer these and other questions. We will also consider the protections afforded a financial institution when accepting a power of attorney pursuant to the California Probate Code. (Originally presented on June 20, 2018.)
(1.5 hours) BCG Members/$255 BCG Non-members/$355

Mastering HELOC Compliance Challenges
Home equity lines of credit are compliance intensive. 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 also touch on the right of rescission and periodic statements and finally how to “term out” an equity line. Plenty of examples are provided. (Originally presented on May 30, 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

California Unclaimed Property Law
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, but the property will not be remitted until the separate Holder Remit Report is filed the following year in June. We discuss practice tips and reminders from the California State Controller's Office to ensure your reports are approved. The presentation also outlines the timelines for the escheat of deposit accounts, safe deposit box contents and financial institution-issued instruments. We also address the legal notices required to be provided to customers at account opening and again prior to the reporting process. (Originally presented on April 19, 2018.)
(1.5 hours) BCG Members/$255 BCG Non-members/$355

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 Accounts Documentation
Financial institutions have obligations to properly identify and document both new and existing customers and to ensure that they are dealing with the individuals authorized to act for a particular customer. Trying to determine not only a customer’s “legal name” but also who is authorized to act on behalf of a particular customer and whether that customer poses a BSA risk is becoming increasingly more difficult. We discuss account documentation in a way that will help your institution satisfy its CIP obligations, including identifying the individuals authorized to act on behalf of business and fiduciary customers. (Originally presented on March 14, 2018.)
(2 hours) BCG Members/$295 BCG Non-members/$395

Fair Lending Tune-up
Financial institutions and other lenders are experiencing increased pressure from regulators, not least of which is the Consumer Financial Protection Bureau, to enhance their fair lending processes. Fair lending does not happen by accident; rather, it is a mandated, ongoing process. Every regulated lender must have a written fair lending program in place, addressing every aspect of the lending process, from marketing and underwriting to pricing and servicing. This 90-minute Webinar provides an update on fair lending laws and processes for lenders of all types. Some familiarity with lending processes will be assumed. (Originally presented on February 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

Regulatory Compliance for Commercial Lenders
Commercial lending continues to be subjected to ever greater regulation, so commercial lenders need a working knowledge of the applicable regulations. Contrary to popular belief, commercial loans are subject to many of the so-called “consumer” regulations, as well as non-consumer regulations, such as flood insurance and Regulation B. This Webinar offers a practical approach to knowing when particular regulations apply to commercial loans and what the basic rules are. Loan officers, credit administrators, compliance managers and loan documentation personnel will benefit from this learning experience. (Originally presented on January 23, 2018.)
(2 hours) BCG Members/$295 BCG Non-members/$395

Compliance Roundup: A Look at 2018
Our Compliance Roundup Webinar highlights the regulatory changes that will impact financial institutions, with a special focus on those that will require action in 2018. The presentation provides a high-level review of important areas in the financial services industry (including laws, regulations and products) expected to undergo changes in 2018, including consumer and mortgage lending, banking operations and corporate governance. (Originally presented on December 14, 2017.)
(2 hours) BCG Members/$295 BCG Non-members/$395

Due Diligence: Documenting Your Borrowers
With all the different types of business entities, lenders have challenges in properly identifying their borrowers and understanding their legal structures. Customer Identification Program (CIP) rules impose specific regulatory requirements for identifying borrowers. In addition, the new Beneficial Ownership Rule will apply. 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. This Webinar addresses these issues and provides checklists for the types of documents lenders should obtain from business entities. Note that new accounts staff would also benefit from this Webinar as these same documentation issues apply to new account customers. (Originally presented on November 16, 2017.)
(2 hours) BCG Members/$295 BCG Non-members/$395

Handling Subpoenas for Customer Records
When it comes to responding to a subpoena, protecting a customer’s financial privacy can be extremely challenging, whether the customer is a consumer or business entity. This Webinar focuses on dealing with subpoenas served by private parties as well as those served by state and federal government agencies that request records regarding a financial institution’s customers. We also discuss how to properly respond to requests for a customer’s financial records and also review in detail some of the more common subpoena forms. (Originally presented on October 19, 2017.)
(1.5 hours) BCG Members/$255 BCG Non-members/$355

Handling Levies and Executions
Attempting to determine whether a debtor listed in a levy matches the customer of an institution as identified by the institution’s records can prove to be quite challenging, even to the very experienced. This Webinar discusses the fundamentals of processing a levy and important principles for determining whether a particular type of account is subject to a levy. We also review the various forms and discuss examples to help better understand how best to deal with any given levy. (Originally presented on September 21, 2017.)
(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

Flood Insurance Regulations Update
Since January 1, 2016, the flood insurance regulations have remained the same. However, examiners' emphasis and interpretations have changed. Furthermore, FEMA has revised certain aspects of the National Flood Insurance Program (NFIP), which affects lenders' compliance with the flood insurance regulations. Additionally, lenders are being bombarded with private flood insurance policies, raising questions as to their acceptability. In this two-hour Webinar, we go through as many of these hot-button issues as humanly possible. (Originally presented on July 18, 2017.)
(2 hours) BCG Members/$295 BCG Non-members/$395

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

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 May 23, 2017.)
(2 hours) BCG Members/$295 BCG Non-members/$395

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) are set to go into effect on October 3, 2016 for most types of covered loans, with the exception of credit cards, which will not be subject to the MLA regulations until October 3, 2017. 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

New Rules for Overtime Exemptions
Since 1938, the federal Fair Labor Standards Act (FLSA) has given most workers a legal right to minimum wages and overtime pay, although certain white collar workers (engaged in executive, administrative or professional duties) are exempt from both. Recently, the U.S. Department of Labor proposed amendments to the regulations that outline the requirements for the exemption from the requirements of minimum wage and overtime pay. In May 2016, the Department of Labor announced that its final rule (amending the exemption) will automatically extend overtime pay eligibility to 4.2 million additional workers. This Webinar covers the changes to the Department of Labor regulations, as well as reviews the requirements for the exemption. (Originally presented on June 23, 2016.)
(1.5 hours) BCG Members/$295 BCG Non-members/$395

Identifying and Curbing Mortgage Fraud
You only need to talk with your special assets and collection departments to know that mortgage fraud is a significant problem. In this Webinar, you will learn about the latest fraud schemes and trends and, more importantly, find out how to make sure your institution doesn’t fall victim. New underwriting standards under the Ability to Repay rule help prevent fraud on consumer mortgages but problems continue. We also review Suspicious Activity Reporting responsibilities and how they come into play with mortgage fraud schemes. (Originally presented on April 21, 2016.)
(1.5 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)

Understanding and Managing ACH Risks
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 October 15, 2015)
(1.5 hours) BCG Members/$255   BCG Non-members/$355

New TRID Closing Disclosure
With the October 3, 2015 effective date of the new Loan Estimate and Closing Disclosure fast-approaching, this Webinar walks you through the Closing Disclosure in easy-to-understand terms.  We discuss the Closing Disclosure’s coverage, timing requirements and contents as well as the prohibition on marking up settlement service charges and when a lender must issue a corrected Closing Disclosure.  (Originally presented June 25, 2015.)
(2 hours) BCG Members/$295  BCG Non-members/$395

New TRID Loan Estimate
You know that the October 3, 2015 effective date of the new Loan Estimate and Closing Disclosure is fast-approaching.   And you know you need to know the ins and outs of the new disclosures before then.  In this two-hour, information-packed Webinar, we walk you through the new Loan Estimate—its coverage, timing requirements and contents.  We also discuss in easy-to-understand terms the new tolerances and when a creditor may issue a revised Loan Estimate.  (Originally presented June 11, 2015.)
(2 hours) BCG Members/$295  BCG Non-members/$395

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

Handling a Deceased Customer’s Property
This Webinar is designed as a guide for your staff to use in releasing property and funds the financial institution is holding which belong to a customer at the time of the customer’s death.  For example, we address the procedures an institution’s personnel should follow with respect to an account or safe deposit box when a customer is reported deceased.  The procedures to follow will differ depending on the account structure and the manner of ownership of each particular account.  (Originally presented January 14, 2015.)
(1.5 hours) (BCG Members/$255 BCG Non-members/$355)

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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