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| Weir and Peterson's Regulatory Checklist |
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By Dave Weir and Curt Petersen, partners and co-founders of Lenders Capital Resources, LLC, Wayzata, Minn. This is a companion to their article, “Haunted by the Ghost of Loan Participations Past and Present?” A partial list of important reference materials relating to participations that bankers and directors, in some cases, might review: 1. FDIC, OCC, and other regulatory pronouncements regarding the duties of bank directors and officers (numerous). 2. FDIC Supervisory Insights newsletter, “The Importance of a Loan Policy Tune-Up.” 3. FDIC-Risk Management Manual of Examination Policies-Section 3.2-Loan Participations. 4. OCC Banking Circular-BC 181-Rev. August 1984 regarding “Purchases Of Loans In Whole Or In Part-Participations.” 5. FFIEC-Supplemental Call Report Prep Instructions for Dec 31-2009-Pages 2-4 regarding loan participations. 6. FDIC-Rules and Regulations- Section 360.6 FDIC as Conservator or Receiver in Connection with a Securitization or Participation. 7. Interagency Statement on Sales of 100% Loan Participations-April 1997. 8. OCC Interpretive Letter 1118-July 2009-“Exchange of Interest in Real Property for LLC Interest for OREO Disposition.” 9. OCC-Interpretive Letter 1123-Sept 2009-E”xchange of DPC Interest for LLC Interest for OREO Disposition.” 10. Advance Notice of Proposed Rulemaking Regarding Treatment by FDIC as Conservator or Receiver of Financial Assets Transferred by an Insured Depository Institution in Connection With a Securitization or Participation after March 31, 2010. 11. Current bank D & O insurance policy coverage and limits and application for renewal of coverage, exclusions and other limitations (including consultation with bank regulatory and insurance counsel). [This article was posted on March 12, 2010, on the website of ABA Banking Journal, www.ababj.com, and is copyright 2010 by the American Bankers Association.] Set as favorite Bookmark
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- Exclusive Survey: Compliance concerns slow new-media rollouts by banks (May 11, 2009)
- 10 steps to defusing loan-mod bombs (updated) (May 4, 2009)
- Basics about Obama homeowner plan
- More help for mortgage modifiers (May 14, 2009)
- 14 ways to add greenbacks (May 7, 2009)
- 7 industries that are up during recession
- Bank hits the road to make a point (April 30, 2009)
- Commercial deposits are key (April 30, 2009)
- Why you should be looking for trouble carefully (April 30, 2009)
- Who's ripping off your bank? (April 22, 2009)
- It wasn't ALL the banks
- Leverage strategies: Is now the right time? (April 23, 2009)
- Current economy promises new risks in commercial bankruptcy filings (April 14, 2009)
- SVB prefers outsourced investment reporting (April 15, 2009)
- You can fight proposed enforcement actions (April 8, 2009)
- Bankers to Washington: Are we lending or not? (April 3, 2009)
- The seven worst performing retail industries in 2008
- Four letters that need better explaining (April 9, 2009)
- Bair calls for end to too big to fail (April 3, 2009)
- 5% solution for securitization? (April 3, 2009)
- Everyone is a risk professional
- Liquidity challenge (March 24, 2009)
- Dealing with your CRE portfolio (March 23, 2009)
- What to expect in CRE exams
- How not to defend yourself when examiners attack
- D&O coverage tougher to get (March 20, 2009)
- The return of lender liability (March 13, 2009)
- Memo to CEOs: Who's going to fill your shoes? (March 13, 2009)
- Bankers sound off on FDIC's emergency assessment (March 6, 2009)
- Burning Billions (March 6, 2009)
- The Third Annual "Books Bankers Live By"
- Four misconceptions that hurt banks (February 27, 2009)
- Bank "podcasts" a message of strength (February 26, 2009)
- Fed Governor Duke urges banks to handle surge of unavoidable foreclosures (February 20, 2009)
- Watch out for cracks in your audit coverage (February 10, 2009)
- How will your bank get loans to Main Street in 2009? (January 16, 2009)
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