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LegaL Link

An information companion to ICBM's Capitol Link


In our continuing effort to provide valuable resources for our members, ICBM offers LegaL Link, an information companion to our Capitol Link newsletter. The attorneys in the banking and finance department at Fredrikson & Byron, P.A., provide articles and updates on legal topics of interest to Minnesota independent community banks. We will publish six issues in 2006 and hope you find the information timely and valuable.

We welcome you to send your feedback, questions, and insights to:
David Skilbred, VP of Government Relations at
dskilbred@communitybanks.org or
Beau Hurtig, Banking Attorney, Fredrikson & Byron, P.A. at bhurtig@fredlaw.com.

Nonmembers may review the online index of current and past issues below.


Members Only: Click here to view ALL issues of LegaL Link

 

LegaL Link Index

2008 Index
Editions

2007 Index
Editions

Index A
Key words by alpha

Index B
Headlines by alpha
 

2008 Index | Editions

May 2008 | Issue 3

A review of Prompt Corrective Action:
What is the origin of prompt corrective action
What are the classification categories under prompt corrective action
What are the consequences of being undercapitalized
What prompt corrective action constraints apply to all institutions
What additional prompt corrective action constraints apply to adequately capitalized institutions
What additional prompt corrective action constraints apply to undercapitalized institutions
What additional prompt corrective action constraints apply to significantly undercapitalized institutions and institutions failing to submit capital restoration plans
What additional prompt corrective action constraints apply to critically undercapitalized institutions
 

March 2008 | Issue 2

Identity Theft and notices of address discrepancy rules:
Detection, prevention, and mitigation requirements
Covered accounts
What to do after determining covered accounts
Red flags
What to do after creating a written Program
Vendor requirements
Existing programs role
Requirements if using consumer reports
Consumer credit and debit card requirements
 

January 2008 | Issue 1

Certificate of title to perfect lien on motor vehicle
Lien Perfected in other states
Practical considerations for McCarthy case
Home Mortgage Disclosure Act
Asset-size threshold adjustments
 


2007 Index | Editions

November 2007 | Issue 5

Technical Compliance with Truth in Lending Act "Period of Payment" Requirements:
Facts of the Hamm v. Ameriquest Mortgage Company Case
Court Decision
What the Hamm v. Ameriquest Mortgage Company case means for us
New Law Includes Favorable Provisions for S Corporations
Background regarding S corporation ownership restrictions
Why qualifying shares cause concern under these restrictions
How the Act addresses this concern
When the statute is effective and what taxable years it applies to
Agencies Release Final Affiliate Marketing Rules
The basics of the new affiliate marketing rules
Rules contain exceptions and safe harbors
When the rules are effective

 

September 2007 | Issue 4

Considerations in Storing and Accepting Bank Documents:
Facts of the Case
Court Decision
Learning from the Case
Risks Associated with Accepting Reproductions
Seventh Circuit Agrees No Harm, No Foul in Data Breach Case
Facts of the Case
Court Decision

 

July 2007 | Issue 3

Recent Legislation Restricting Nontraditional Mortgage Lending Products and Practices:
New state law restricting nontraditional mortgage products/practices
Preemptive implications of Watters v. Wachovia Bank, N.A.
Extent states may regulate national bank's subsidiaries
Circumstances that gave rise to the Wachovia litigation
Issue in the Wachovia case
Arguments in Wachovia case
Court's rationale for Wachovia decision
State laws applicable to national bank subsidiaries following Wachovia

 

April 2007 | Issue 2

Recent Guidance Regarding Nontraditional Mortgage Products:
Types of mortgage products covered by Guidance
Nonbank lenders subject to similar guidance
Underwriting standards per the Guidance
Management procedures per the Guidance
Factors compounding risks
Disclosure obligations per the Guidance
Suitability standards per the Guidance
Sample Disclosures/practices relating to the Guidance

 

February 2007 | Issue 1

Remote Deposit Products:
Primary types of remote deposit products
BOC rules
Types of checks eligible for remote deposit
Contracts with commercial customers
ACH agreements and BOC entries
When to destroy original checks


Index A | Key words by alpha

 

Affiliate Marketing - Agencies Release Final Rules

Nov 07

Bank Documents - Considerations in Storing and Accepting

Sep 07

Collateral type, changes (general intangible vs. security)

Jun 06

Conservators: Powers of

Dec 06

Conservatorship: Proof of

Dec 06

Conservatorship: Account titling

Dec 06

Conservatorship: Status in event of death

Dec 06

Employee bankruptcies

Feb 06

Employment screening

Aug 06

Data Breach Case - No Harm, No Foul

Sep 07

Deposit insurance

Apr 06

Employee fraud

Apr 06

FDIC Guidelines on employment screening

Aug 06

FDIC Sign: The new sign

Dec 06

FDIC Sign: When banks must post new sign

Dec 06

FDIC Sign: Differences between new and old signs

Dec 06

FDIC Sign: Obtaining and changing the new sign

Dec 06

Guarantor's defense

Feb 06

Guidance Regarding Nontraditional Mortgage Products

Apr 07

HELOC

Feb 06

Home Mortgage Disclosure Act

Jan 08

Identity theft and notices of address discrepancy rules

Mar 08

Lender liability

Feb 06

Lien on motor vehicle

Jan 08

LLC: General intangible vs. Security

Jun 06

McCarthy case - Practical considerations

Jan 08

Mortgage modifications

Jun 06

Mortgage registration tax

Jun 06

Multifactor authentication

Jun 06

Nontraditional mortgage products/practices - restricting

Jul 07

Partnership: General intangible vs. Security

Jun 06

Post-employment rule (examiners)

Feb 06

Prompt Corrective Action

May 08

Reg O

Apr 06

Remote deposit products: Types

Feb 07

Remote deposit products: BOC rules

Feb 07

Remote deposit products: Check types that are eligible

Feb 07

Remote deposit products: Contracts

Feb 07

Remote deposit products: ACH agreements, BOC entries

Feb 07

Remote deposit products: Destroying original checks

Feb 07

Remote meetings: Board of Directors

Aug 06

RESPA: About

Dec 06

RESPA: Reduction of kickbacks

Dec 06

RESPA: Splitting closing fees with another provider

Dec 06

RESPA: Bank holding company

Dec 06

S Corps

Feb 06

S Corps - New Law Includes Favorable Provisions

Nov 07

Security interests

Feb 06

Shareholder remote meetings

Aug 06

Small bank holding company

Apr 06

Social Security benefits

Feb 06

Title insurance

Oct 06

Truth in Lending Act "Period of Payment" Requirements - Technical Compliance

Nov 07

Wachovia v. Schmidt

Feb 06

Watters v. Wachovia Bank, N.A.

Jul 07


Index B | Headlines by alpha

About RESPA

Dec 06

Account titling and a conservatorship

Dec 06

ACH agreements and BOC entries (remote deposit)

Feb 07

Additional laws pertaining to screening process

Aug 06

Agencies Release Final Affiliate Marketing Rules

Nov 07

Appropriate screening levels

Aug 06

Arguments in Wachovia case

Jul 07

Asset-size threshold adjustments

Jan 08

Background regarding S corporations ownership restrictions

Nov 07

Basics of the new affiliate marketing rules

Nov 07

Board of Directors meetings

Aug 06

BOC rules (remote deposit)

Feb 07

Business customers, employee fraud, and banks

Apr 06

Certificate of title to perfect lien on motor vehicle

Jan 08

Circumstances that gave rise to the Wachovia litigation

Jul 07

Classification categories under Prompt Corrective Action

May 08

Consequences of being undercapitalized

May 08

Conservatorship status in event of death

Dec 06

Considerations in Storing and Accepting Bank Documents

Sep 07

Contracts with commercial customers (remote deposit)

Feb 07

Court Decision: Hamm v. Ameriquest Mortgage Company Case

Nov 07

Court Decision: No Harm, No Foul in Data Breach Case

Sep 07

Court Decision: Storing and Accepting Bank Documents

Sep 07

Court's rationale for Wachovia decision

Jul 07

Crimes of dishonesty and trust

Aug 06

Deleting the standard exceptions

Oct 06

Deposit insurance coverage: changes to FDIC rules

Apr 06

Detection, prevention, and mitigation requirements

Mar 08

Difference between title insurance policy and attorney's title opinion

Oct 06

Differences between new sign and old sign

Dec 06

Disclosure obligations per the Guidance

Apr 07

Diversity jurisdiction: Wachovia v. Schmidt

Feb 06

Electronic notice of Board of Directors meetings

Aug 06

Electronic notice of Shareholder meetings

Aug 06

Employee bankruptcies: bank's responsibility?

Feb 06

Exceptions in hiring

Aug 06

Exceptions or safe harbors in the new affiliate marketing rules

Nov 07

Extent states may regulate national bank's subsidiaries

Jul 07

Factors compounding risks

Apr 07

Facts of the Case: Hamm v. Ameriquest Mortgage Company Case

Nov 07

Facts of the Case: No Harm, No Foul in Data Breach Case

Sep 07

Facts of the Case: Storing and Accepting Bank Documents

Sep 07

Guarantor's defense: impairment of collateral

Feb 06

HELOC closing costs, prepayment penalties

Feb 06

Home Mortgage Disclosure Act

Jan 08

Identity theft and notices of address discrepancy rules

Mar 08

Identity theft - Detection, prevention, and mitigation requirements

Mar 08

Identity theft - Covered accounts

Mar 08

Identity theft - Red flags

Mar 08

Identity theft - What to do after creating a written program

Mar 08

Identity theft - Red flags

Mar 08

Identity theft - Vendor requirements

Mar 08

Identity theft - Requirements if using consumer reports

Mar 08

Identity theft - Consumer credit and debit card requirements

Mar 08

Issue in the Wachovia case

Jul 07

Learning from the Case: Storing and Accepting Bank Documents

Sep 07

Legal requirements for background searches

Aug 06

Lender liability for unfair & deceptive enforcement & disclosure

Feb 06

Lien perfected in other states

Jan 08

LLC or Partnership interest: General intangible vs. Security

Jun 06

Management procedures per the Guidance

Apr 07

Mortgage modifications and mortgage registration tax

Jun 06

Multifactor authentication: FAQs

Jun 06

New FDIC sign

Dec 06

New Law Includes Favorable Provisions for S Corporations

Nov 07

New one-year examiner post-employment rule

Feb 06

New state law restricting nontraditional mortgage products/practices

Jul 07

Nonbank lenders subject to similar guidance

Apr 07

Obtaining a title insurance policy

Oct 06

Obtaining and changing the new sign

Dec 06

Origin of Prompt Corrective Action

May 08

Other screening items

Aug 06

Powers of a conservator

Dec 06

Practical considerations for McCarthy case

Jan 08

Preemptive implications of Watters v. Wachovia Bank, N.A.

Jul 07

Pre-screening

Aug 06

Primary types of remote deposit products

Feb 07

Prompt Corrective Action

May 08

Prompt Corrective Action constraints: all institutions

May 08

Prompt Corrective Action constraints: adequately capitalized institutions

May 08

Prompt Corrective Action constraints: undercapitalized institutions

May 08

Prompt Corrective Action constraints: significantly undercapitalized institutions

May 08

Prompt Corrective Action constraints: critically undercapitalized institutions

May 08

Proof of a conservatorship

Dec 06

Recent developments in title insurance

Oct 06

Reg O: reporting guidelines for trustees

Apr 06

RESPA and reduction of kickbacks

Dec 06

RESPA and the bank holding company

Dec 06

Reviewing the final title policy

Oct 06

Risks Associated with Accepting Reproductions

Sep 07

S Corp issues

Feb 06

Sample disclosures/practices relating to the Guidance

Apr 07

Security interests: seller/buyer

Feb 06

Seventh Circuit Agrees No Harm, No Foul in Data Breach Case

Sep 07

Shareholder meetings

Aug 06

Small bank holding company definition expands

Apr 06

Social Security benefits setoff

Feb 06

Splitting closing fees with another provider

Dec 06

State laws applicable to national bank subsidiaries following Wachovia

Jul 07

Suitability standards per the Guidance

Apr 07

Technical Compliance with Truth in Lending Act "Period of Payment" Requirements

Nov 07

Third-party screening service providers

Aug 06

Third-party screening service providers

Aug 06

Title insurance basics

Oct 06

Title policy at closing

Oct 06

Title policy endorsements

Oct 06

Types of checks eligible for remote deposit

Feb 07

Types of mortgage products covered by Guidance

Apr 07

Underwriting standards per the Guidance

Apr 07

Updating the title policy

Oct 06

Varying types of title insurance policies

Oct 06

What the Hamm v. Ameriquest Mortgage Company Case means for us

Nov 07

What to look for in a provider

Aug 06

When banks must post new FDIC sign

Dec 06

When to destroy original checks (remote deposit)

Feb 07

Why qualifying shares cause concern under these restrictions

Nov 07

 

 

 

 

 

 


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Eagan, MN 55121

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