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ARRA Jobs Estimates: Is Your Report Accurate?
February 2010
  Bulletin on new and simplified guidance from the Office of Management and Budget regarding reporting on job creation estimates.
 

Industry Alert: Ohio Payday Loan and Check Cashing Industry Comes Under Regulatory Assault
January 2010
  The Ohio Department of Commerce has begun serving "Notice(s) of Intent to Revoke Mortgage Loan Certificate of Registration & Notice of Intent to Impose a Fine" for charging a separate fee for cashing loan checks at the same location where the loan originated.
 

A Strategic Plan for Ohio's Insurance Industry
December 2009
  Bulletin on the Ohio Department of Development’s Office of Insurance and Financial Development Strategic Plan for the state's insurance industry that focuses on enhancing the business climate for the industry and developing innovative ways to retain and create insurance industry jobs for Ohioans.
 

Bank Incentive Compensation Programs: The Federal Reserve Proposal
October 2009
  Bulletin on Federal Reserve proposed guidance designed to ensure that the incentive compensation policies of banking organizations do not undermine the safety and soundness of their organizations.
 

Expect an Increase in Variable Annuities Claims from Disappointed Investors
September 2009
  Bulletin on new wave of disappointed variable annuity purchasers as a result of the recent economic downturn.
 

A Primer of ARRA Reporting Requirements
September 2009
  Bulletin on the quarterly reporting requirements of recipients of monies from the Recovery Act.
 

Reporting Requirements for Recipients of Stimulus Funding: Initial Reports due on October 10, 2009
September 2009
  Reminder that recipients of funding under the American Recovery and Reinvestment Act of 2009 must file their first quarterly reports no later than October 10, 2009.
 

Executive Compensation Issues for Financial Insititutions: Compensation Committee Independence and "Say on Pay"
July 2009
  Bulletin examining ongoing federal initiatives that are increasingly moving toward "federalizing" corporate law and regulating the activities of management and boards in private business.
 

Preemption and “Visitorial” Powers: The Cuomo Case
July 2009
  Bulletin on a U.S. Supreme Court ruling that state attorneys general are not "preempted" by federal law from subpoenaing records of national banks in the course of investigations related to state law enforcement matters.
 

Financial Services Industry Regulatory Reform: The Administration Proposal
June 2009
  Bulletin on the Obama Administration proposal for comprehensive reform of the financial services industry regulatory system.
 

Ohio Bank Law Newsletter -- Summer 2009
June 2009
  A newsletter covering legal issues for the banking and financial services industry.
 

Clarity for Ohio Banks and Customers: Action Against Bank Must be Filed Within Record Retention Limitations Period
June 2009
  Bulletin on the June 16, 2009 Ohio Supreme Court case of Spiller v. Sky Bank ruling on the time limitations for bringing actions against a bank.
 

Appellate Court Strikes Ohio’s New Pay-to-Play Laws
April 2009
  Bulletin on Ohio Court of Appeals decision voiding sweeping restrictions on the award of public contracts to political contributors.
 

Potential Opportunities for Financial Institutions and Investors
March 2009
  Bulletin on the U.S. Treaaury Department's "Toxic Asset" Public-Private Partnership Investment Program.
 

Ohio Banking Law Newsletter -- Spring 2009
March 2009
  This issue features a discussion of the ongoing challenges facing the banking industry, TARP and stimulus opportunities.
 

Summary of the Bond Provisions Contained in H.R. 1 -- The American Recovery and Reinvestment Act of 2009
February 2009
  Bulletin discussing the numerous provisions that will affect bonds issued by states and political subdivisions contained in the federal stimulus bill
 

Heeding President Obama’s Limits on Executive Compensation
February 2009
  Advice for compensation committees and executives on heeding and complying with President Obama’s announced limitations on executive pay of financial institutions.
 

"Home Alone": Exploring Strategic Alternatives (Or Lack Thereof)
January 2009
  With bank M&A activity "cautious" at best in the current environment, financial institutions and their boards are more often faced with limited, if any, near-term alternatives for potential strategic combinations.
 

Expense Reduction Opportunities: Reducing Property Tax Liability
December 2008
  Bulletin for banks and thrifts on reducing property tax burdens from decreased real estate values.
 

Ohio Banking Law -- Fall 2008
November 2008
  Newsletter for the banking industry with updates and articles on the current economic environment.
 

To Participate or Not to Participate: The Treasury Department TARP Capital Purchase Program – Considerations for Bankers
November 2008
  Bulletin discussing considerations for bankers as to participation in the federal Treasury Department TARP capital purchase program.
 

Federal Financial Institution Stimulus Initiatives
October 2008
  Bulletin on several important bank stimulus initiatives released by Treasury and the various federal banking agencies.
 

Enhanced M&A Opportunities for Financial Institutions
October 2008
  Bulletin on opprotunities newly available for mergers and acquisitions among financial services companies.
 

Highlights of the Federal Financial Institution "Bailout" Legislation
October 2008
  Bulletin on the highlights of the Emergency Economic Stabilization Act of 2008, a vehicle for financial institutions with certain types of problem debt to sell that debt to a government entity or secure a federal guarantee of collection of that debt for the lender.
 

New Federal Reserve Guidelines for PE Investments in Banking Organizations
September 2008
  Article on new guidelines from the Federal Reserve which should help ease private equity investment in banking organizations without triggering the "bank holding company" restrictions and obligations that come with bank "control".
 

Financial Impact of CRE Loan Workouts and Restructurings
September 2008
  Bulletin on lender decisions with regard to addressing problem loan modifications, workouts, and restructuring issues and the impact of those decisions on the financial statements condition of the institution.
 

Expansion of Preemption for Federally-Chartered Institutions: The State Farm Decision
September 2008
  Article on a Sixth Circuit Court of Appeals decision recognizing expanded preemption rights for federally-chartered institutions to include "exclusive agents" of a federal savings bank.
 

Human Resources Bulletin: National Bank Act Preemption
August 2008
  Bulletin on an Ohio Court of Appeals decision holding that the National Bank Act preempted the claims of sexual discrimination by an officer of an Ohio national bank.
 

Reputation Risk
August 2008
  Article discussing how banks can deal proactively to address risks to the corporate reputation.
 

Bank Deposits and Funds Management: Dealing with FDIC Insurance Limitations
August 2008
  Given the media focus on the current banking environment, many organizations are taking a closer look at their depository relationships and limitations on FDIC coverage of their deposit accounts.
 

Increased Prosecution Of Ethics Violations Is On The Horizon: Is Your Financial Institution Ready?
July 2008
  How even inadvertent violations of government ethics laws and regulations can result in significant exposure as well as reputation risk issues for institutions and their officers, directors, and employees.
 

Ohio's Anti-STOLI Legislation
June 2008
  Overview of key provisions of Amended Substitute House Bill 404 which revises Ohio's viatical settlement laws, and enacts significant new provisions to curb STOLI transactions.
 

Ohio Banking Law Newsletter -- Spring 2008
May 2008
  Quarterly newsletter covering legal lssues for the banking & financial services industry, including a lead article on the practical implications of regulatory enforcement actions.
 

Compact to Help Ohioans Preserve Homeownership Adopted
April 2008
  Bulletin on the April 2008 "Compact to Help Ohioans Preserve Homeownership" signed by Ohio Governor Strickland and nine national mortgage loan servicers.
 

Proposed Rule Changes to the Ohio Mortgage Loan Act and the Small Loans Act
April 2008
  Bulletin on proposed changes from the Ohio Division of Financial Institutions to the rules implementing the Ohio Mortgage Loan Act and Small Loans Act.
 

Disclosing Examination Matters and Enforcement Proceedings
January 2008
  Article discussing the difficult and complex dilemma facing bankers as to whether, and to whom, information concerning examination activities and informal enforcement proceedings may be disclosed outside the organization.
 

Practical Implications of Bank Regulatory Enforcement Actions
January 2008
  Agency enforcement actions present a challenging environment for the banking institution, particularly if and when the actions become public through disclosure by the bank or the agency.
 

Ohio Banking Law Newsletter - Winter 2008
January 2008
  News and information for banking and financial institutions, including a discussion of the role of the bank director in the post-Sarbanes era.
 

Summary of the Ohio Foreclosure Prevention Task Force Recommendations
September 2007
  Bulletin on the recommendations of the Ohio Foreclosure Prevention Task Force adopted on September 10, 2007.
 

Ohio Banking Law Newsletter - Fall 2007
September 2007
  A newsletter for the banking industry with a lead article on disclosure of examination matters and enforcement proceedings.
 

Staying Dark: Avoiding Shareholder Creep
August 2007
  How to respond to "shareholder creep" -- one day you find you have exceeded the number of shareholders which trigger the obligation to register with the United States Securities and Exchange Commission.
 

Government Contractors Beware: Update of Ohio's Pay-to-Play Laws
July 2007
  Update on amendments to Ohio HB 694 and pending lawsuits and the ability of government contractors to make political contributions.
 

Challenges to Revenue Sharing Practices of Financial Services Providers
July 2007
  Article discussing a new wave of litigation challenging the revenue sharing practices of financial services providers across the country.
 

Ohio General Assembly Adopts Various Amendments to House Bill 694
June 2007
  The recently passed Ohio House Bill 119, the state budget bill, contains several amendments to, and addresses a number of concerns raised since the passage of House Bill 694 which placed significant restrictions on political contributions by government contractors.
 

U.S. Supreme Court Limits Insurance Company Liability For FCRA Violations
June 2007
  Bulletin on U.S. Supreme Court decision siding with two insurance companies limiting their potential liability under the Fair Credit Reporting Act for failing to notify consumers of higher insurance rates based on lower credit ratings.
 

Ohio Banking Law Newsletter - Summer 2007
June 2007
  This issues contains an article on surviving bank regulatory enforcement actions
 

Surviving Bank Regulatory Enforcement Actions
May 2007
  Discussion of bank regulatory enforcement actions that become publicly disclosed, whether directly by the agencies as a result of statutory disclosure requirements or directly or indirectly by the financial institution.
 

Commercial Real Estate Concentration: Too Much of a Good Thing?
March 2007
  Discussion of the December 2006 joint guidance issued by Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the Federal Reserve regarding bank concentrations in commercial real estate.
 

Ohio Banking Law - Spring 2007
March 2007
  A new quarterly publication covering legal issues of interest to the banking and financial services industry.
 

What are Industrial Loan Companies?
February 2007
  Discussion of Industrial Loan Companies, how they differ from banks and thrifts, and their future in the financial services market.
 

The Financial Services Regulatory Relief Act of 2006: An Overview
January 2007
  Bulletin on the Financial Services Regulatory Relief Act of 2006, signed into law by President Bush on October 13, 2006, designed to provide relief and improve productivity for insured depository institutions.
 

Government Contractors Beware: Political Contributions Could Cost You Business
January 2007
  Bulletin on the new Ohio law H.B. 694 severely limiting political contributions by government contractors. The bill was signed by the Governor on January 2, 2007.
 

Employment Bulletin: Legislation Implementing Ohio’s New Minimum Wage Amendment Passed
December 2006
  Bulletin on Ohio H.B. 690, passed the Ohio General Assembly and was signed into law by the Governor in December 2006, to implement the minimum wage constitutional amendment.
 

Streamlining Ohio's Laws Governing Business Entities
October 2006
  Bulletin on Ohio House Bill 301, effective on October 12, 2006, which changes many portions of the Ohio laws governing business entities.
 

The Pension Protection Act of 2006: Important Considerations for Bank-Owned Life Insurance
September 2006
  A combination of new reforms and best practices for Bank-Owned Life Insurance (BOLI) recently were codified with the August 17, 2006 approval of the Pension Protection Act of 2006.
 

Ohio Department of Insurance Considering New Controls on Title Insurance Agencies' Affiliated Business Arrangements
September 2006
  In response to the Ohio predatory lending law, SB 185, as well as the Ohio Department of Insurance’s own experiences dealing with title insurance agents and agencies, the Department is considering new controls on “affiliated business arrangements.”
 

What is “Preemption”?
August 2006
  Article discussing “preemption", its impact on bank and thrift operations, and activities which are subject to the concept of federal preemption.
 

What are ILC’s?
July 2006
  Discussion of Industrial Loan Companies, how they differ from banks and thrifts, and their future in the financial services market.
 

Subchapter S Eligibility for Community Banks: The American Jobs Creation Act of 2004
June 2006
  Article on the American Jobs Creation Act of 2004 which expands opportunities for existing, as well as de novo, community banks to take advantage of Sub S treatment.
 

Summary of Senate Bill 185, Ohio Home Ownership Protection Act
June 2006
  Summary of the provisions of Ohio Senate Bill 185, the Ohio Home Ownership Protection Act, and also known as the predatory lending bill, which passed the Ohio General Assembly on May 24, 2006.
 

Bank Regulatory Enforcement Actions
April 2006
  Article discussing enforcement actions by bank regulatory agencies which have become more prevalent and visible recently.
 

Surviving Bank Regulatory Enforcement Actions
January 2006
  Discussion of bank regulatory enforcement actions that become publicly disclosed, whether directly by the agencies as a result of statutory disclosure requirements or directly or indirectly by the financial institution.
 

House Bill 104: Security Breach Legislation
December 2005
  Analysis of H.B. 104 which requires state agencies and certain business entities to notify Ohio consumers in the event of a breach of security.
 

 

 

 

Highlights

The Ohio Department of Commerce has begun serving "Notice(s) of Intent to Revoke Mortgage Loan Certificate of Registration & Notice of Intent to Impose a Fine" for charging a separate fee for cashing loan checks at the same location where the loan originated.
Industry Alert: Ohio Payday Loan and Check Cashing Industry Comes Under Regulatory Assault

The Federal Reserve has released proposed guidance designed to ensure that the incentive compensation policies of banking organizations do not undermine the safety and soundness of their organizations
Bank Incentive Compensation Programs: The Federal Reserve Proposal

Banks and financial institutions were the original recipients of TARP money and continue to be in the economic spotlight with opportunities available through the Stimulus Bill. Vist our
Stimulus Task Force and Resource Center

What's happening in the 128th Ohio General Assembly?
Insurance, Banking Financial Services Legislation

Stay current with the Bricker & Eckler Creditor Rights & Bankruptcy E-Alerts
Creditor Rights & Bankruptcy E-Alerts


Ohio Banking Law

A quarterly publication covering legal issues of interest to the banking and financial services industry
Ohio Banking Law - Fall 2009

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Ohio Banking Law

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Ohio Banking Law
 

 

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