03/03/2003
What banking positions are required a national bank's board of directors required to appoint? I know that certain regulations require, for example, the appointment of CRA, BSA and Security Officers.
01/20/2003
Regarding employee, officer, or director acceptance of gifts. In addition to the limitations imposed by the Bank Bribery Act and my state's regulations, are there any other regulations I should be aware of in connection with acceptance of gifts? Our old Statement of Ethics indicates acceptance of a gift over $100 by a director may constitute a felony, but I cannot find a cite to support this.
10/15/2002
By Ken Golliher (Opinions expressed are those of the author.)
08/01/2002
08/01/2002
FinCEN and the financial regulatory agencies have finally proposed a rule under the USA PATRIOT Act to implement customer identification procedures. This isn't a surprise.
07/15/2002
For Ken Golliher as a followup to the 4/30 Texas Bankers Assoc. phone seminar (we had 2 site locations and these are the collected questions): (1)Are SARs discoverable in criminal and civil proceedings? (2)Are SARs available under the Freedom of Information Act? (3)How does SAR disclosure relate to testimony before a Grand Jury? (4)Are SARs tendered to defense attorneys under discovery on cases that the SAR is the foundation of the criminal charge being faced by defendant? (5)Does the comment about not providing information about the SAR include during your testimony in a case that was brought as a result of the SAR? (6)Where are the answers to #s 15 above specifically addressed or cited in law?; and if a conflict, what law would take precedence? (7)Do the disclosure prohibitions only apply to bankers or do the same prohibitions about disclosure apply to the Law Enforcement Agencies and US Attorney's Office? (8)Are there any protections from possible "contempt of court charges" for bankers who refuse to answer questions about the existence of a SAR on the stand under oath when ordered to answer by the presiding judge?
07/01/2002
Our organizational structure consists of a single bank charter that is whollyowned by a bank holding company. Can we meet the requirements for SAR reporting to the Board of Directors through a holding company Board Committee, or must the reporting occur to the Board/Committee of the subsidiary bank itself?
05/06/2002
I know I have to let the Board of Directors know when a SAR is filed. I was told all I can tell them is that one is being filed. Is this correct... how does it get in the minutes and what does it have to state?
05/01/2002
The Enron situation has caused all of us to look closely at business structures and at the ethics of business.
04/01/2002
We need to replace a BSA officer for one of our subsidiary banks. Does the new replacement need to be an "officer" of the bank? We have an employee of the bank that is knowledgeable of this area, but they are not classified as a bank officer.