Your Photo Here - Media Communication Group
Your Photo Here - Media Communication Group
Your Photo Here - Media Communication Group
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
September/October 2011<br />
MARCH/APRIL 2011<br />
MAY/JUNE 2011<br />
OFFICIAL PUBLICATION OF THE WASHINGTON BANKERS ASSOCIATION<br />
OFFICIAL PUBLICATION OF THE WASHINGTON BANKERS ASSOCIATION<br />
<strong>Your</strong> <strong>Photo</strong><br />
<strong>Here</strong><br />
JULY/AUGUST 2011<br />
NOVEMBER/DECEMBER 2009<br />
OFFICIAL PUBLICATION OF THE WASHINGTON BANKERS ASSOCIAT<br />
OFFICIAL PUBLICATION OF THE WASHINGTON BANKERS ASSOCIATION<br />
UBLICATION OF THE WASHINGTON BANKERS ASSOCIATION
KNOW THE LANDSCAPE ®
A LEADER IN CAPITAL RAISING<br />
FOR FINANCIAL INSTITUTIONS<br />
Sandler O’Neill stood atop the industry in helping fi nancial companies raise capital in 2010.<br />
In equity capital raising, we managed more public offerings for depository institutions in 2010 than any other<br />
investment bank, with 29 transactions that raised approximately $11.2 billion for clients. 1<br />
Sandler also advised on 10 private recapitalization transactions raising $2.2 billion in capital, more than<br />
any other investment bank did for fi nancial companies. In all, we assisted with 19 private placements raising<br />
approximately $4.4 billion.<br />
To learn more, please contact Bob Kleinert, Managing Principal, or William Hickey or Brian Sterling,<br />
Co-Heads of Investment Banking, at 800.635.6855.<br />
$1,181,500,000<br />
Second-Step Conversion<br />
Book-Running Manager<br />
12/22/10<br />
$730,000,000<br />
Common & Preferred Stock<br />
Joint-Lead Placement Agent<br />
8/26/10<br />
$255,000,000<br />
Common Stock<br />
Lead Placement Agent<br />
1/29/10<br />
$50,005,000<br />
Common Stock<br />
Book-Running Manager<br />
8/2/10<br />
$295,000,000<br />
Common Stock<br />
Joint-Lead Placement Agent<br />
9/30/10<br />
$500,000,000<br />
Common & Preferred Stock<br />
Financial Advisor<br />
8/31/10<br />
$185,000,000<br />
Sale & Recapitalization<br />
Financial Advisor<br />
12/20/10<br />
$150,000,000<br />
Common Stock<br />
Financial Advisor<br />
10/6/10<br />
$287,500,000<br />
Common Stock<br />
Book-Running Manager<br />
3/26/10<br />
$198,573,000<br />
Second-Step Conversion<br />
Book-Running Manager<br />
7/7/10<br />
$40,000,000<br />
Common Stock<br />
Book-Running Manager<br />
3/29/10<br />
$75,000,000<br />
Preferred Stock<br />
Sole Placement Agent<br />
6/21/10<br />
$77,000,000<br />
Preferred Stock<br />
Lead Placement Agent<br />
6/21/10<br />
$60,026,000<br />
Preferred Stock<br />
Lead Placement Agent<br />
6/7/10<br />
$50,000,000<br />
Preferred Stock<br />
Lead Placement Agent<br />
4/9/10<br />
$334,403,000<br />
Common Stock<br />
Joint Book-Running Manager<br />
5/17/10<br />
$301,000,000<br />
Common Stock<br />
Joint Book-Running Manager<br />
4/29/10<br />
$110,577,000<br />
Common Stock<br />
Joint Book-Running Manager<br />
12/7/10<br />
$48,000,000<br />
Common Stock<br />
Sole Placement Agent<br />
5/21/10<br />
$460,000,000<br />
Common Stock<br />
Joint-Lead Placement Agent<br />
10/6/10<br />
Sandler O’Neill + Partners, L.P.<br />
1<br />
Source: SNL Financial, includes book run and co-managed public common equity offerings in 2010 for banks and thrifts.
JULY/AUGUST 20 1<br />
Serving The Needs Of Washington Bankers Since 1889<br />
INSIDE THIS ISSUE<br />
SEPTEMBER/OCTOBER 2011<br />
5 Financial Literacy is Critical to Our Future<br />
Jim Pishue, President & CEO, Washington Bankers Association<br />
MARCH/APRIL 2011<br />
MAY/JUNE 20 1<br />
7 Our Message: Banks Are Overregulated<br />
Frank Keating, President & CEO, American Bankers Association<br />
OFFICIAL PUBLICATION OF THE WASHINGTON BANKERS ASSOCIATION<br />
<strong>Your</strong> <strong>Photo</strong><br />
<strong>Here</strong><br />
OFFICIAL PUBLICATION OF THE WASHINGTON BANKERS ASSOCIATION<br />
11 Constant Vigilance<br />
By Denny Eliason, WBA Lobbyist, Alliances Northwest<br />
12 Hit Us with <strong>Your</strong> Best Shot<br />
NOVEMBER/DECEMBER 2 09<br />
O F F I C I A L P U B L I C A T I O N O F T H E W A S H I N G T O N B A N K E R S A S S O C I A T I O N<br />
OFFICIAL PUBLICATION OF THE WASHINGTON BANKERS ASSOCIATION<br />
OFFICIAL PUBLICATION OF THE WASHINGTON BANKERS ASSOCIATION<br />
On the Cover: Opportunity for<br />
aspiring photographers to showcase their<br />
work. Details are on page 12.<br />
Cover <strong>Photo</strong> Submissions: WBA<br />
members are invited to submit photos<br />
for consideration. Direct submissions to<br />
lisha@wabankers.com.<br />
ISSUES & ANSWERS is the official trade publication of the<br />
Washington Bankers Association.<br />
The views and opinions expressed herein are those of the individual<br />
authors and do not necessarily represent official statements of<br />
WBA policy, or its publisher <strong>Media</strong> <strong>Communication</strong>s <strong>Group</strong>, Inc.<br />
Any legal advice should be regarded as general information. It is<br />
strongly recommended that one contact an attorney for counsel<br />
regarding specific circumstances. Likewise, the appearance of<br />
advertisers does not constitute an endorsement of the products or<br />
services featured by the Washington Bankers Association or <strong>Media</strong><br />
<strong>Communication</strong>s <strong>Group</strong>, Inc.<br />
13 IRA Training<br />
15 2011 Women in Banking Conference<br />
15 Small Business Banker Development Program<br />
17 WBA Professional Development... “What’s In <strong>Your</strong> Budget”<br />
17 Upcoming Events<br />
18 Banks are the Best Workplaces<br />
19 The Future of <strong>Your</strong> Business and Marketing in 2011 and Beyond<br />
By John Gubiotti, President and Lead Consultant for Growth Marketing<br />
20 State Receiverships: A Banker’s Tool for Faster, Cost-Efficient<br />
Recovery on Troubled Loans<br />
By Magdalena Bragun, Lane Powell<br />
22 2011 WBA/PCBS “Rise Above the Rest” Scholarship Awarded<br />
24 Industry News<br />
WBA STAFF<br />
Jim Pishue, President & CEO<br />
(206) 344-3485<br />
james@wabankers.com<br />
Liz Wilson, Executive Vice President<br />
(206) 344-3495<br />
liz@wabankers.com<br />
DessaMonica de Castro, Accounting Assistant<br />
(206) 344-3476<br />
dessa@wabankers.com<br />
Danielle Molle, Programs Administrator<br />
(206) 344-3475<br />
danielle@wabankers.com<br />
Monique Osbjornsen, Education Coordinator<br />
(206) 344-3494<br />
monique@wabankers.com<br />
Lisha Wood, Administrative Coordinator<br />
(206) 344-3484<br />
lisha@wabankers.com<br />
Gretchen Kirkpatrick, Database & Website Specialist<br />
(206) 344-3492<br />
gretchen@wabankers.com<br />
Peter Tang, Senior Accountant<br />
(206) 344-3472<br />
peter@wabankers.com<br />
WBA BOARD OF DIRECTORS<br />
Eric Pearson, Chairman<br />
President & CEO, Community 1st Bank, Kennewick<br />
Laurie Stewart, Chairman-Elect<br />
President & CEO, Sound Community Bank, Seattle<br />
Kerry Biddle, Secretary/Treasurer<br />
Senior Vice President, Bank of America, Tacoma<br />
Dave Straus, Immediate Past Chair<br />
President & CEO, Fortune Bank, Seattle<br />
Jim Mitchell, ABA Govt Relations Committee Rep.<br />
President & CEO, Puget Sound Bank, Bellevue<br />
Kurt E. Graff, WBA PROS Chairman<br />
President & CEO, Northwest Commercial Bank, Lakewood<br />
Jim Carmichael, Director (term to 2014)<br />
President & CEO, Columbia Bank, Tacoma<br />
Melanie Dressel, Director (term to 2013)<br />
President & CEO, Columbia Bank, Tacoma<br />
Brian Hawley, Director (term to 2014)<br />
SVP & Regional President, Union Bank, Seattle<br />
John E. (Jack) Heath, Director (term to 2012)<br />
President & COO, Washington Trust Bank, Spokane<br />
Dennis Long, Director (term to 2013)<br />
CEO, Bank of the Pacific, Aberdeen<br />
Jim Mitchell, Director (term to 2013<br />
President & CEO, Puget Sound Bank, Bellevue<br />
Carol K. Nelson, Director (term to 2014)<br />
President & CEO, Cascade Bank, Everett<br />
Byron L. Richards, Director (term to 2014)<br />
Senior Vice President, U.S. Bank, Seattle<br />
Greg Seibly (term to 2014)<br />
President & CEO, Sterling Financial Corporation<br />
Patrick Yalung, Director (term to 2013)<br />
Regional President, Wells Fargo Bank, Seattle<br />
www.wabankers.com 4
Serving The Needs Of Washington Bankers Since 1889<br />
PRESIDENT’SMESSAGE<br />
Jim Pishue, President & CEO, Washington Bankers Association<br />
Financial Literacy is<br />
Critical to Our Future<br />
Our state and nation remain mired in a lingering economic<br />
malaise. Consumers are worried about their families’<br />
economic health and they don’t know what to do to protect<br />
themselves and their financial futures.<br />
Many turn to the media for answers.<br />
But what they see on television,<br />
hear on the radio, or read in the<br />
newspaper or on the Internet is often only a<br />
fraction of the story. The media have always<br />
had to summarize and simplify complex issues<br />
for the general public. But as they struggle<br />
to deal with the attention span of today’s<br />
Facebook and Twitter-driven consumers,<br />
their attempts to boil a story down can lead<br />
to some serious misrepresentations of reality.<br />
Regulatory capital requirements and new<br />
regulations like those imposed by Dodd-Frank<br />
have seriously reduced the funds that banks<br />
have available to lend.<br />
We’ve all seen headlines about how banks<br />
are making it harder for consumers and<br />
small businesses to get a loan. What we’re<br />
less likely to see is any balanced discussion<br />
of how regulatory capital requirements and<br />
new regulations like those imposed by Dodd-<br />
Frank have seriously reduced the funds that<br />
banks have available to lend.<br />
Similarly, when the industry reported greatly<br />
improved financial results for the second<br />
quarter of this year, the characterization was<br />
that rich bankers once again were living high<br />
on the hog. What was missing from these<br />
reports was the fact that lower loan-loss provisions<br />
were the primary driver of improved<br />
earnings at the nations’ financial institutions.<br />
Untold hours of hard work by bankers across<br />
the country were overlooked because it was<br />
easier to paint a caricature of fat-cat bankers<br />
toasting their own good fortune.<br />
Then there are the gushing<br />
reviews that consumer<br />
advice columnists routinely<br />
lavish on the preferential<br />
rates available at many credit<br />
unions. What goes completely<br />
unmentioned is that<br />
credit unions can afford<br />
those rates because they are<br />
exempt from almost all of<br />
the taxes imposed on other<br />
financial institutions. With schools and other<br />
government services starved for cash these<br />
days, consumers should understand the social<br />
cost of providing that advantage to the credit<br />
union industry.<br />
Unfortunately, many consumers are poorly<br />
equipped to critically assess what the media<br />
reports. They don’t have an adequate financial-knowledge<br />
base to identify and evaluate<br />
the assumptions embedded in a story or to<br />
5<br />
make informed judgments about the conclusions<br />
drawn.<br />
This knowledge gap is one of the primary<br />
reasons that the Washington Bankers Association<br />
has long supported financial literacy<br />
programs in schools around the state.<br />
Too many high school graduates leave school<br />
without understanding the relationship<br />
between risk and return, the concept of compound<br />
interest, and other financial basics that<br />
constitute a solid economic IQ. In contrast,<br />
the financially literate make better customers<br />
and are less likely to become victims of identity<br />
theft and other forms of financial fraud.<br />
More importantly, today’s students will be<br />
tomorrow’s wage earners, taxpayers, homeowners,<br />
and economic drivers of our local<br />
communities. We need them to develop the<br />
skills to survive and succeed in an increasingly<br />
complex and competitive world.<br />
Even as the state budget crunch puts government-sponsored<br />
financial literacy efforts<br />
on hold, the private sector continues to do<br />
its part. Programs like Junior Achievement<br />
and the Association of Washington Business’<br />
“Washington Business Week” are proven<br />
winners. They help young people develop an<br />
understanding and appreciation for the role<br />
of private enterprise, the importance of profit<br />
motivation, and how the economy works.<br />
Closer to home, WBA has sponsored “Teach<br />
Children to Save Day” in April and “Get Smart<br />
About Credit Day” in October. Through these<br />
September/October 2011 ⏐<br />
— continued on page 9
M&A, New<br />
Bank & Assisted<br />
Transactions<br />
Capital<br />
Formation<br />
Strategies<br />
Structured<br />
Finance &<br />
Complex<br />
Lending<br />
Operations,<br />
Employment<br />
& Insurance<br />
Coverage<br />
Problem Loans,<br />
Workouts &<br />
Bankruptcy<br />
Receiverships,<br />
Deeds in Lieu &<br />
Foreclosures<br />
Holding<br />
Company<br />
363 Sales<br />
Regulatory<br />
Intervention &<br />
Governmental<br />
Mgmt Reviews<br />
WHEN IT HAPPENS, WE ARE THERE.<br />
You have opportunities, we help make them a reality. You face threats, we help find<br />
solutions. You need a firm deep in talent that addresses the full spectrum of banking<br />
legal needs, we have the team. For counsel that’s right on the money, call Foster Pepper.
Serving The Needs Of Washington Bankers Since 1889<br />
WASHINGTONUPDATE<br />
Frank Keating, President & CEO, American Bankers Association<br />
Our Message: Banks<br />
Are Overregulated<br />
Internet, newspaper, television, and radio interview<br />
programs are showing a genuine interest in the regulatory<br />
burden that is hurting our banks, along with our local,<br />
regional and national economies.<br />
That’s the primary message I’ve been<br />
delivering lately. It was also the topic<br />
of a recent op-ed I wrote for the Wall<br />
Street Journal. In the op-ed, titled “Banking<br />
in a Time of Over-Regulation,” I called for<br />
an approach to regulation that will ensure<br />
fundamental protection of consumers, the<br />
environment and other concerns “without<br />
bogging businesses down in red tape or<br />
chilling expansion with threats of additional<br />
rules and harsh penalties.”<br />
You know this all too well. And you’ve told<br />
me about it as I’ve traveled around the nation<br />
this year and met with many of you.<br />
Now we’ve got to make others aware of this<br />
problem, including policymakers in Olympia,<br />
Washington, and in Washington, D.C.<br />
The Dodd-Frank Act, with its approximately<br />
4,000 pages of proposed and final<br />
rules, is threatening the survival of many<br />
community banks that are the economic<br />
lifeblood of small towns across America.<br />
“Managing this mountainous regulatory<br />
burden is a significant challenge for a bank<br />
of any size, but for the median-sized bank<br />
— with 37 employees — it’s overwhelming,”<br />
I wrote in my Journal piece. “The cost of<br />
regulatory compliance as a share of operating<br />
expenses is two and a half times greater<br />
for small banks than for large banks.”<br />
Some of the troubling Dodd-Frank provisions<br />
include:<br />
• Risk Retention. The law requires banks<br />
to retain a portion of the risk of loans<br />
that they originate and later sell to<br />
other parties. Banks then must hold<br />
capital against that retention, at a time<br />
when additional capital is particularly<br />
hard to come by. Banks will be forced<br />
to originate fewer mortgage loans, as<br />
their capacity to make and retain loans<br />
will steadily be used up.<br />
• Higher Capital Requirements and Narrower<br />
Qualifications for Capital. The<br />
capital regime supported by Dodd-<br />
Frank will require banks to hold more<br />
capital, while restricting what qualifies<br />
as capital to little more than shareholder<br />
interest and retained earnings.<br />
New shareholder investors are hard to<br />
find especially for community banks.<br />
Regulatory pressure on bank earnings<br />
(through the Federal Reserve’s policy<br />
holding down interest rates, controls<br />
on interchange, restrictions on overdraft<br />
programs, and higher compliance<br />
costs) leaves little revenue to pay investors<br />
or to retain to boost capital.<br />
• SEC Municipal Advisors Rule. Banks<br />
that provide municipalities with traditional<br />
banking services, which are<br />
already subject to oversight by primary<br />
7<br />
regulators, will be subject to additional<br />
registration and oversight burdens by<br />
the Securities and Exchange Commission.<br />
The compliance costs of duplicative<br />
regulation will make serving local<br />
municipalities unattractive for community<br />
banks.<br />
• Derivatives Rules. New derivatives rules<br />
will make it much more expensive for<br />
banks to offset their loan exposures to<br />
customers, industries, lines of business,<br />
interest rates, credit default, and other<br />
risks through the use of derivatives.<br />
• Doubling Size of the Deposit Insurance<br />
Fund. Under Dodd-Frank Act authorities,<br />
the FDIC has announced plans to<br />
double the size of the DIF, taking as<br />
much as $50 billion out of the earnings<br />
and capital of the industry.<br />
We’re working to target Dodd-Frank’s<br />
enormous regulatory overreaction. As I<br />
said during one recent radio interview, the<br />
ever-growing regulatory burden hurts community<br />
banks that lend to Main Street. “If<br />
the institution shuts its doors just because<br />
they simply can’t respond to this burden,<br />
the whole thing ends.”<br />
E-mail Frank Keating at fkeating@aba.com<br />
September/October 2011 ⏐
IN THESE CHALLENGING TIMES,<br />
the lawyers at Graham & Dunn are uniquely prepared<br />
to provide the experience, expertise and practical<br />
creativity required to address the needs of<br />
financial services firms.<br />
LOAN AND REAL ESTATE WORKOUTS<br />
BANKRUPTCY RELATED ISSUES<br />
LITIGATION MATTERS<br />
PRIVATE AND PUBLIC CAPITAL RAISES<br />
MERGERS AND ACQUISITIONS<br />
BOARD AND MANAGEMENT RETREATS<br />
REGULATORY AND ENFORCEMENT MATTERS<br />
BANK OPERATIONS<br />
GRAHAM & DUNN is a Seattle based, industry-focused law<br />
firm with a long history of serving public and private financial<br />
institutions of all sizes doing business in the Northwest.<br />
WWW.GRAHAMDUNN.COM | 206.624.8300
Serving The Needs Of Washington Bankers Since 1889<br />
PRESIDENT’S MESSAGE — continued from page 5<br />
programs, WBA member bankers from around the state bring engaging<br />
and entertaining financial literacy tools to students at all grade<br />
levels. If your bank isn’t already involved in these programs, it should<br />
be. Just contact the WBA office for more information.<br />
The WBA Board also recently authorized us to begin negotiations with<br />
a company that provides a comprehensive online financial literacy<br />
program for K-12. We are excited about this potential relationship and<br />
the innovative learning experience it could provide to our students.<br />
We hope to unveil details of the program soon, so stay tuned for more<br />
information on this important new opportunity.<br />
We must do everything we can to prepare tomorrow’s consumers to<br />
make good decisions about their finances. As Fed chairman Ben Bernanke<br />
says, “In today’s complex financial markets, financial education<br />
is essential to helping consumers make better decisions for themselves<br />
and their families.”<br />
I couldn’t have said it better myself. While it’s a long-term approach,<br />
financial literacy education could become one of the most important<br />
things WBA does to improve the long-term prospects for our industry.<br />
And that could be some very good news indeed.<br />
Special Announcement:<br />
OTR, Inc. is offering a 25% discount on Annual Meeting &<br />
Proxy Services for all new clients throughout 2011.<br />
A Partner You Can Trust.<br />
Proxy Services.<br />
Record Keeping.<br />
Trust Services.<br />
Corporate Actions.<br />
Dividend Disbursement.<br />
Shareholder Inquiries.<br />
24-Hour Online Access.<br />
DTC FAST Agent.<br />
Offer valid for all new clients who sign a contract within 2011 and hold a meeting within<br />
the following 12 months.<br />
An Independent Transfer Agent,<br />
located in downtown Portland, OR.<br />
www.transfer.com - online demos!<br />
1001 SW 5th Ave. Ste. 1550<br />
Portland, OR 97204 503-225-0375<br />
9<br />
September/October 2011 ⏐
<strong>Your</strong> Prescription is<br />
Ready for Pick Up<br />
USource Human Resources Management, the HR management<br />
service designed by the community bank specialists at<br />
United Bankers’ Bank. For one, low monthly fee, you receive:<br />
• Unlimited access to the HR Hotline for on-demand advice<br />
• A comprehensive employee manual, customized to your bank<br />
• Additional resources including the USource annual benefits<br />
and salary survey, HR audits, employee surveys,<br />
pre-employment tests, the online resource center,<br />
newsletters, and free management seminars and webcasts<br />
You’re Ready No Matter ‘What’s Next’<br />
Together with your insurance carrier, brokers and payroll<br />
company, we’ll help you navigate the health care reform maze.<br />
In fact, you can count on USource no matter “what’s next”<br />
in HR.<br />
Now, Put Us to the Test<br />
Call us today with your HR questions, and we’ll tell you more<br />
about how USource can affordably and effectively help you<br />
meet the human resource challenges at your bank.<br />
United Bankers’ Bank<br />
PO Box 1766 | Clackamas, OR 97015<br />
Rick Smith 503-347-0556 • www.ubb.com | Member FDIC
Serving The Needs Of Washington Bankers Since 1889<br />
Constant Vigilance<br />
By Denny Eliason, WBA Lobbyist, Alliances Northwest<br />
“Constant Vigilance” seems to be the ongoing mantra<br />
for the WBA Government Relations Program these days.<br />
The 2011 legislative session saw a number of significant<br />
challenges for our industry, particularly on tax and<br />
foreclosure issues. The 2012 year is shaping up to be no<br />
different, especially in the areas of taxes, credit availability,<br />
and government spending.<br />
Earlier this year lawmakers adopted<br />
a $32.2 billion General<br />
Fund Operating Budget, and<br />
also left a $741 million reserve<br />
in anticipation that the economy might<br />
continue to weaken. They did so without<br />
raising taxes, and for the first time in more<br />
than a decade actually cut state spending.<br />
I-1053 — a measure passed by the voters<br />
— restrained lawmakers from raising<br />
taxes without a 2/3 vote, and thus fiscal<br />
discipline was forced upon the Legislature.<br />
Elimination of the first mortgage deduction<br />
will do nothing but further weaken the lending<br />
environment in our State. That’s where<br />
constant vigilance comes into play.<br />
Make no mistake, there was a great deal<br />
pressure put on the Legislature by labor<br />
unions and social welfare groups to raise<br />
taxes and to overturn I-1053. That said, no<br />
bill passed both houses to do so. In recent<br />
months House Democrats have responded<br />
with a challenge to the constitutionality<br />
of I-1053, arguing that a bill designed to<br />
eliminate the first mortgage deduction did<br />
indeed pass the House with a simple — albeit<br />
razor thin — majority, and thus such a<br />
measure should have been allowed to pass<br />
under Washington’s constitution. Their<br />
argument is significantly weakened by the<br />
fact that no such bill passed the Senate.<br />
Given that backdrop, Washington now<br />
finds itself with yet another set of general<br />
fund budget challenges as our economy<br />
continues to struggle. The official June<br />
Revenue Forecast for Washington State<br />
was down more than $500 million, and<br />
the September forecast is projected to<br />
be down at least another<br />
$1.7 billion. Labor unions<br />
and social service groups<br />
have already begun to call<br />
for increased taxes and<br />
are urging lawmakers to<br />
adopt a tax package that<br />
can be sent directly to<br />
the people for a vote, thus<br />
skirting the protections of<br />
I-1053. Those same groups<br />
focus directly on the need<br />
to close “corporate tax loopholes” and<br />
place the first mortgage deduction at the<br />
top of the taxes to be levied.<br />
Winston Churchill once said, “A lie gets<br />
halfway around the world before the truth<br />
has a chance to get its pants on.” This<br />
quote is especially true as it relates to the<br />
taxation of banks in Washington State.<br />
Application of the B&O tax to banking<br />
services is unique to our State and means<br />
11<br />
that Washington places one of the highest<br />
tax burdens in the nation on our industry.<br />
Yet, labor unions and consumer groups<br />
constantly pound the press and social media<br />
outlets with the notion that the banking<br />
industry does not pay “its fair share”<br />
in Washington. We know nothing could<br />
be further from the truth and elimination<br />
of the first mortgage deduction will do<br />
nothing but further weaken the lending<br />
environment in our State. That’s where<br />
constant vigilance comes into play.<br />
The WBA will be holding a series of regional<br />
meetings this fall bringing legislators<br />
together with bankers in their local<br />
communities. These gatherings have been<br />
popular for many years, and afford our industry<br />
the opportunity to educate lawmakers<br />
about the realities of the marketplace<br />
and our industry. These gatherings begin<br />
at 11 a.m. and end promptly at 1:30 p.m.<br />
The remaining luncheons this year will be<br />
held at the following:<br />
• October 17 in Everett at the Inn at<br />
Port Gardiner<br />
• October 18 in Bellingham at the Hotel<br />
Bellwether<br />
• October 19 in Tacoma at the Hotel<br />
Murano<br />
• October 20 in Bellevue at the Westin<br />
Hotel<br />
Please consider sending a representative<br />
from your bank to these briefings. The<br />
opportunity to have lawmakers hear from<br />
“real” bankers is a powerful tool for our<br />
industry to set the record straight going<br />
into the 2012 legislative session. If you<br />
have any questions regarding these briefings,<br />
please contact the WBA offices.<br />
September/October 2011 ⏐
Serving The Needs Of Washington Bankers Since 1889<br />
Hit Us with <strong>Your</strong> Best Shot<br />
We’re seeking the six best photos to feature on the upcoming<br />
covers of our Issues & Answers magazine. This is an opportunity<br />
for aspiring photographers at WBA member banks to showcase<br />
their photos and photography talents statewide.<br />
Images should be high resolution, digital photos* and represent<br />
Washington state’s seasonal landscapes, scenic landmarks, and/or<br />
present dynamic representations of banks and banking in action.<br />
Winning photos will be chosen by WBA staff and photographers<br />
will be recognized in an upcoming issue of our magazine.<br />
So don’t delay… get your shutter snapping and send in your<br />
photos today!<br />
Details<br />
<strong>Photo</strong>s may be sent to info@wabankers.com by the close of business<br />
on November 1, 2011 and must be original images. Multiple<br />
photos from one photographer may be submitted, but must be sent<br />
as separate entries. Winners will be selected and announced by<br />
November 15 and winning photos will be showcased at the CEO<br />
Conference in December. WBA may require a photo release for<br />
images featuring people or trademarked locations. Please include<br />
the following information with each entry:<br />
• <strong>Your</strong> name<br />
• <strong>Your</strong> title<br />
• <strong>Your</strong> department (if applicable)<br />
• Member bank name<br />
• Phone number<br />
• Email<br />
• Name of photo<br />
*Find photo submission details on our website at www.wabankers.com<br />
or request them by calling 206.447.1700. Submit a photo<br />
release for photos featuring people.<br />
2011 ABA NATIoNAL<br />
AgriculturAl BAnkers conference<br />
November 6–9, 2011 JW Marriott Indianapolis Indianapolis, Indiana<br />
Save the Date!<br />
Bankers Day on the Hill is February 23, 2012<br />
Bankers Day on the Hill is a prime opportunity for<br />
legislators to hear directly from Washington’s bankers<br />
about the challenges facing our institutions and how<br />
their actions can impact our ability to serve the needs<br />
of our customers and our communities. As always,<br />
the day will include a briefing on key issues being<br />
deliberated in the capitol followed by smaller group<br />
meetings with key legislators. Involvement of bankers<br />
from across the state is key to making the date a<br />
success, so your participation is greatly appreciated.<br />
Visit www.wabankers.com for more details and<br />
registration information.<br />
everything You Want to Know<br />
About Ag Lending…<br />
Get ready to focus on agriculture at the 2011 ABA National Agricultural Bankers Conference—the<br />
biggest and best of its kind. Presented in cooperation with the Indiana Bankers Association, this<br />
year’s event will take place at the brand-new JW Marriott Indianapolis hotel—the largest Marriott<br />
ever built.<br />
You’ll find timely information, insights on trends and a look at what’s just around the corner. Top<br />
experts will address farm real estate prices, financing farm real estate, the outlook for commodities,<br />
technology on the farm, how to effectively use social media for marketing and more.<br />
DoN’t DelAy! For more information and to register, go to aba.com/AgConference.<br />
www.wabankers.com 12<br />
AG_11_SBAads_color.indd 2<br />
6/23/2011 12:28:49 PM
Serving The Needs Of Washington Bankers Since 1889<br />
Winter CEO Bank Directors Conference:<br />
A Must for Executive Management and Boards of Directors<br />
December 1 and 2, Cedarbrook Lodge, Seattle, WA<br />
Make your plans today to attend WBA’s CEO Bank Directors Conference, December 1-2 at Cedarbrook<br />
Conference Center near the Seattle-Tacoma airport. <strong>Your</strong> entire board will benefit from the relevant and<br />
timely information they’ll receive on the issues and trends impacting our industry. Some of the highlights<br />
of the program will include a presentation by former Fed Governor Mark Olson, an address by Washington<br />
State Attorney General Rob McKenna, a regulatory panel, sessions on executive compensation, and breakout<br />
sessions specific to bank board members. This conference is a great way to give your directors useful<br />
information and build teamwork to help them be a more effective board.<br />
IRA Training<br />
In today’s economic environment, it is important to provide<br />
your staff with the skills and knowledge needed to stay<br />
up-to-date with changing and challenging times. WBA<br />
partners with Ascensus, the foremost provider of IRA and<br />
retirement plan education. Together, we deliver IRA training<br />
that simplifies processes and promotes growth within<br />
financial organizations.<br />
butions from their traditional IRAs in 2009. In<br />
the past, IRA owners typically took traditional<br />
IRA distributions to satisfy the required minimum<br />
distribution (RMD) requirements. But<br />
in recent years, a poor economy and a string of<br />
natural disasters has forced some IRA owners to<br />
use their IRAs for nonretirement reasons. These<br />
facts emphasize the importance of understanding<br />
and correctly administering all types of IRA<br />
distributions, not just RMDs.<br />
IRA Essentials<br />
October 25<br />
Over the last 36 years, millions of people have<br />
used IRAs to save for retirement. As of May<br />
2010, 48.6 million households owned IRAs<br />
(compared to just over 46 million in mid-2009).<br />
IRAs will continue to play an important role<br />
in the retirement industry as more employers<br />
shift the burden of saving for retirement to their<br />
employees. Now is the perfect time for your<br />
company to capture and retain a piece of the<br />
fast-paced IRA market. Help ensure the compliance<br />
of your growing IRA business by attending<br />
an Ascensus IRA Essentials seminar today!<br />
IRA Essentials is the perfect seminar for<br />
individuals who are just starting out in the<br />
retirement services industry or for those who<br />
simply need a refresher on IRAs. Attendees<br />
will learn the requirements for establishing an<br />
IRA, contributing to an IRA, and distributing<br />
from an IRA. By using hands-on training and<br />
real-life examples, Ascensus instructors create<br />
an effective learning experience for each<br />
seminar attendee.<br />
Advanced IRAs<br />
October 26<br />
IRAs continue to be a popular way to save<br />
for retirement. According to the Investment<br />
Company Institute’s 2011 Investment Company<br />
Fact Book, by the end of 2010, IRAs accounted<br />
for 27 percent of all U.S. retirement plan assets<br />
and held $4.7 trillion (up from $4.3 trillion at<br />
the end of 2009). Of those households owning<br />
traditional IRAs in 2010, 15 percent took distri-<br />
13<br />
Through hands-on training and peer discussions,<br />
this informative seminar will focus on<br />
IRA distribution topics in addition to RMDs,<br />
such as taxation, early distributions, Roth IRA<br />
distributions, and handling IRA assets after an<br />
IRA owner dies. The seminar will close with an<br />
overview of marketing opportunities for HSAs,<br />
SEP plans, and SIMPLE IRA plans.<br />
Seminar Cost<br />
$225 for the first registrant, $199 for each additional<br />
one<br />
Visit www.wabankers.com for full seminar<br />
brochures and registration information.<br />
September/October 2011 ⏐
Serving The Needs Of Washington Bankers Since 1889<br />
WaBnkr CQ Tools HPV 0611.qxd:Layout 1 6/27/11 10:58 AM Pa<br />
It’s Time for<br />
Better Tools...<br />
Complete Credit Management System<br />
CreditQuest ® is a powerful credit risk management system that<br />
manages the entire credit process. It enables financial institutions<br />
to customize and streamline their financial statement analysis<br />
process and credit workflow, while providing them with more<br />
accurate and consistent data in less time.<br />
• Streamlined Credit Workflow<br />
• Relationship Management<br />
• Financial Statement Analysis<br />
• Covenant Monitoring<br />
• Collateral and Exception Tracking<br />
• Executive Reporting<br />
• Risk Rating Automation<br />
• Rating Model Administration<br />
• Portfolio Management<br />
www.harlandfinancialsolutions.com<br />
Contact us at: 800-815-5592<br />
Get the<br />
free mobile app<br />
www.gettag.mobi<br />
©2011 Harland Financial Solutions, Inc. All Rights Reserved.<br />
CreditQuest is a registered trademark of Harland Financial Solutions.<br />
www.wabankers.com 14
Serving The Needs Of Washington Bankers Since 1889<br />
2011 Women in Banking Conference<br />
November 18, 2011<br />
Register yourself and your staff today for the 2011 Women in<br />
Banking Conference. With over 125 women unanimously declaring<br />
it a “must attend event” in 2010, the 2011 conference is shaping<br />
up to be better than ever. Program highlights include:<br />
• Understanding the Economy and Navigating the Markets,<br />
presented by Quincy Krosby, Chief Market Strategist,<br />
Prudential Annuities<br />
• Managing <strong>Your</strong> Social Capital Like a Pro, presented by<br />
Matt Younquist of Career Horizons<br />
• Economic Prospects and Issues — What to Look for in the<br />
Future, presented by John Mitchell, Northwest Economist<br />
and Former U.S. Bank Chief<br />
• Communicate, Collaborate and Create the Future, presented<br />
by international speaker and author, Jodi Walker<br />
The 2011 Women in Banking Conference is cochaired<br />
by Laurie Stewart, President & CEO,<br />
Sound Community Bank, and Danielle Burd,<br />
Executive Vice President, Umpqua Bank.<br />
Make plans to join us on November 18 at the<br />
Washington Athletic Club for a day full of empowering<br />
and educational presentations and net-<br />
Keynote Speaker<br />
Quincy Krosby<br />
working opportunities. Leave feeling refreshed<br />
and ready to take on the challenges in the banking world today.<br />
Visit www.wabankers.com for a full brochure and registration<br />
information.<br />
Small Business Banker Development Program<br />
Launching November 2011<br />
Small businesses are the lifeblood of most communities, just as the ability to meet their communities’<br />
financial needs is the lifeblood of many banks. That’s why WBA has created a new<br />
Small Business Banker education program to help bankers develop the skills necessary to<br />
meet the unique needs of this increasing important market segment.<br />
Successfully serving small business customers takes special expertise beyond that of a retail<br />
banker, but may not require the same level of knowledge as a full-time relationship manager<br />
in business banking. So we’ve developed a condensed, four-day program that will provide<br />
useful information about the fundamentals of small business management, underwriting<br />
small business loans, marketing your bank’s services to small business owners and operators,<br />
and making effective sales calls. These fast-paced sessions will focus on hands-on learning,<br />
with case studies and group problem solving rather than lectures.<br />
The sessions, scheduled for November 9, 10 and 17 and December 8, will be taught by two<br />
experts in small business banking, John Barrickman, a principal at New Horizons Financial<br />
<strong>Group</strong>, and Joe Zavaglia, president of Zavaglia Consulting. These two experts are well-versed<br />
in all aspects of serving small businesses and can help you develop the tools you’ll need to<br />
more effectively reach these customers.<br />
There is no other program available today that is so tailored to bankers who are looking to serve<br />
their small business customers. Those completing the class will be much better prepared to step<br />
up to new responsibilities and help their banks succeed in the area of small business banking.<br />
Program details and registration information available at www.wabankers.com.<br />
15<br />
September/October 2011 ⏐
You know the value of a dollar;<br />
We know the value of a solid benefits plan.<br />
Exclusively<br />
Endorsed by<br />
Trust us to help...<br />
You can take that to the bank!<br />
Representing more Northwest financial institutions than any other benefit consultant<br />
For more information, contact:<br />
Donna Losch<br />
253-396-5544 • dlosch@bbtacoma.com<br />
Visit our website at www.nwfatrust.com
Serving The Needs Of Washington Bankers Since 1889<br />
WBA Professional Development...<br />
“What’s In <strong>Your</strong> Budget”<br />
The early bird gets the worm or in the<br />
case of bankers… the training. Now is<br />
the perfect time to plan ahead with your<br />
2012 training budgets to ensure you don’t<br />
miss out on the professional development<br />
opportunities offered through the WBA.<br />
Did you know that we train more than 1,500 bankers annually<br />
Our educational offerings are unmatched in the Pacific<br />
Northwest and available in a variety of formats to make<br />
training convenient, timely, and cost effective for banks<br />
and bankers. If you don’t find what you’re looking for, please contact us to<br />
discuss how we can assist your bank and bankers with their professional<br />
development needs. Visit our website today at www.wabankers.com and<br />
take a look at the variety of training options available including:<br />
• Conferences: Network and learn at one of our many conferences.<br />
Events are focused on emerging trends, current/pending legislation,<br />
new products and services, and innovative ways to enhance<br />
profitability and reduce risk, while providing ample time and<br />
opportunities to network with industry peers.<br />
• Seminars: It’s traditional “back to class” learning at its best. Our<br />
seminars offer a traditional setting with professional instructors<br />
covering subjects such as analyzing financial statements, cash flow,<br />
and problem loan analysis.<br />
• Webinars and eLearning: Time and travel tight Get educated<br />
anytime, anywhere with dynamic webinar offerings and eLearning<br />
products. We partner with leading developers to offer WBA<br />
members the best selection of quality training options for bankers<br />
in any function and at all levels, all on a timeframe that is<br />
convenient for you.<br />
• In-House Programs: Reap the benefits of customized, timely,<br />
and quality training from some of our best-known instructors<br />
and speakers. <strong>Your</strong> bank selects the date, time, and location. It’s<br />
economical, easy, flexible, and we provide a 100% satisfaction<br />
guarantee.<br />
• Certificate and Diploma Programs: Taught by professional instructors<br />
and bank executives, students can enhance their skills<br />
and knowledge by participating in one of our many college level<br />
AIB diploma or certificate courses.<br />
grams to enhance bankers’ career development and help hone the skills<br />
necessary to lead banks, employees, and communities into the future.<br />
Our Executive Development Program (EDP) and Small Business<br />
Banker Development Program (SBDP) focus on accelerating the strategic,<br />
financial, management and communications skills required for successful<br />
bank leadership. These intense learning experiences are designed<br />
to cultivate executive level talent and allow bankers to take their lessons<br />
learned and put them into practice immediately. Slots for these programs<br />
fill quickly, so early registration is encouraged. Our SBDP begins this<br />
November and EDP will begin its third year in January 2012.<br />
For more information on our professional development offerings, contact<br />
Danielle Molle, Programs Administrator, at danielle@wabankers.com or<br />
206.344.3437.<br />
Upcoming Events<br />
October<br />
7 Technology and Fraud Conference<br />
19 Notary Public, Lynnwood<br />
20-21 Compliance Conference<br />
25 IRA Essentials, Ascensus<br />
26 Advanced IRAs, Ascensus<br />
November<br />
2-3 Agricultural Lending in Challenging Environment,<br />
Richland<br />
4 CFO Conference<br />
9 Notary Public, Tacoma<br />
9 Small Business Banker Development Program<br />
Kickoff<br />
18 Women in Banking Conference<br />
December<br />
1-2 WBA/WFL CEO/Bank Director’s Conference<br />
January<br />
11-12 Executive Development Program Kickoff<br />
Because strong leadership is vital in the face of economic, regulatory, and<br />
competitive pressures, the WBA also offers special executive training pro-<br />
17<br />
September/October 2011 ⏐
Serving The Needs Of Washington Bankers Since 1889<br />
Banks are the Best Workplaces<br />
The Washington Bankers Association (WBA) congratulates<br />
all the banks recognized as finalists in Washington’s<br />
Best Workplaces, an annual program of the Puget Sound<br />
Business Journal (PSBJ), which highlights companies that<br />
have discovered the key to being among the region’s best<br />
places to work.<br />
WBA member Columbia<br />
State Bank (www.columbiabank.com)<br />
received<br />
high honors and was featured<br />
among the top-ten finalists in the<br />
extra-large company category. President<br />
and CEO Melanie Dressel noted that<br />
hiring people who value the workplace<br />
culture is important for survival and it’s<br />
a priority that must be shared throughout<br />
the company.<br />
Columbia’s methodology has proven successful,<br />
as this year the bank was also<br />
acknowledged in the PSBJ’s Washington’s<br />
Best Workplaces Hall of Fame for its<br />
consistent ranking as a finalist since the<br />
beginning of the awards program in 2007.<br />
It was recognized as part of an elite group<br />
of twelve companies holding that honor.<br />
Heritage Bank (www.heritagebankwaonline2.com)<br />
was ranked as the best among<br />
its competition in the large company division,<br />
citing employee awards and incentives,<br />
recognition, and communication as key to<br />
cultivating a thriving company culture.<br />
www.wabankers.com 18<br />
Washington community banks, and WBA<br />
members, that join Columbia and Heritage<br />
as finalists in their size category include:<br />
• Kitsap Bank<br />
www.kitsapbank.com<br />
• Peoples Bank<br />
www.peoplesbank-wa.com<br />
• Umpqua Bank<br />
www.umpquabank.com<br />
• Whidbey Island Bank<br />
www.wibank.com<br />
This year’s participating banks comprise a<br />
select group of companies in Washington<br />
state that are actively cultivating dynamic<br />
work environments including high employee<br />
satisfaction, employee benefits, and<br />
workplace culture.<br />
Top winners in each division were featured<br />
in the August 12 special segment edition of<br />
the PSBJ. More information on Washington’s<br />
Best Workplaces is available online at<br />
www.wabestworkplaces.com.
Serving The Needs Of Washington Bankers Since 1889<br />
The Future of <strong>Your</strong> Business and<br />
Marketing in 2011 and Beyond<br />
By John Gubiotti, President and Lead Consultant for Growth Marketing<br />
Imagine the growth of your business being<br />
primarily driven by what your customers<br />
experience and share rather than by the<br />
size of a marketing budget.<br />
As social networks and online communities continue<br />
to grow in popularity, size, and impact, they are fast<br />
becoming the new commerce. These non-traditional<br />
influencers are shaping the future of buying behavior<br />
as more and more consumers turn to trusted friends and networking<br />
contacts to validate their purchase decisions.<br />
Consumers who favor social media enjoy participating in online<br />
conversation threads and public forums. They’re attracted to<br />
businesses that demonstrate a “human side” and are not afraid<br />
to share open feedback from their customers. And social media<br />
minded consumers gravitate toward local businesses that are<br />
actively involved in the community and let their Facebook and<br />
Twitter followers know about the good things they’re doing and<br />
the difference it’s making.<br />
To provide you with a sense of just how fast social media is growing,<br />
more than 700,000 new users come to Facebook alone each<br />
day. That translates to 21 million new users every month, and at<br />
that rate the estimated number of total users Facebook will amass<br />
— continued on page 24<br />
Merchant<br />
Card<br />
Processing<br />
An Agent Bank Program<br />
Available for<br />
Pacific Northwest Institutions<br />
Understanding the importance<br />
of relationship banking<br />
• Competitive Pricing<br />
• Merchant Call Center<br />
• Full Service Operations & Sales Staff<br />
• Complete Back Room Support<br />
• POS Programming & Deployment<br />
• Underwriting & Risk Monitoring<br />
• POS & Electronic Check Processing<br />
• Online Reporting Access<br />
Located in Tacoma, WA<br />
For more information call<br />
1-800-900-1946<br />
The Best Solution<br />
for Card Deposit<br />
Processing Needs.<br />
A division of<br />
Member FDIC<br />
19<br />
September/October 2011 ⏐
Serving The Needs Of Washington Bankers Since 1889<br />
COUNSELOR’S CORNER<br />
State Receiverships:<br />
A Banker’s Tool for Faster, Cost-Efficient<br />
Recovery on Troubled Loans<br />
By Magdalena Bragun, Lane Powell<br />
1. General vs. Custodial<br />
Receiverships<br />
In a general receivership, the receiver takes<br />
custody and control of all of the borrower’s<br />
assets and may operate the borrower’s business<br />
while administering and liquidating<br />
the assets of the borrower for the benefit<br />
of the creditors. General receiverships are<br />
frequently used when the creditors stand<br />
the best chance to recover through a liquidation<br />
of the borrower’s business as an<br />
operational enterprise.<br />
Receiverships have become increasingly popular tools for<br />
developing and implementing cost-effective and expeditious<br />
workout strategies for troubled loans. Washington’s<br />
Receivership Act, one of the best in the country, can be an<br />
effective tool for lenders.<br />
A<br />
state court receiver is an independent<br />
officer appointed by<br />
the court to manage or liquidate<br />
the assets of a borrower<br />
for the benefit of its creditors. In most<br />
cases, a secured lender selects the receiver<br />
before the appointment. Banks frequently<br />
decide to use a receiver to take over the<br />
borrower’s assets if workout negotiations<br />
are unsuccessful or if the property might<br />
be subject to neglect, ineffective management,<br />
vandalism or unusual liability<br />
concerns. Washington has one of the most<br />
advanced receivership statutes in the U.S.<br />
and lenders can benefit from knowing how<br />
to use it effectively.<br />
www.wabankers.com 20<br />
In a custodial receivership, the receiver<br />
takes control over selected assets of the<br />
borrower, such as a condominium complex.<br />
Custodial receiverships are typically<br />
initiated by secured lenders in aid of<br />
the lender’s foreclosure of the liens on<br />
real property. The July 2011 revisions to<br />
Washington’s Receivership Act now permit<br />
lenders to obtain a receiver in aid of<br />
foreclosure immediately after service of a<br />
Notice of Default.<br />
2. Key Receivership Provisions<br />
Once a receivership order is entered, a<br />
lender typically monitors but does not get<br />
involved in liquidating or managing the<br />
borrower’s assets. The stay of actions by<br />
most creditors protects the assets while the<br />
receiver administers the estate. There are<br />
provisions permitting a receiver to borrow<br />
funds to finance the receiver’s administration,<br />
and the lender works with the receiver<br />
and his counsel to come up with an agreedupon<br />
budget.
Serving The Needs Of Washington Bankers Since 1889<br />
The receiver employs the necessary professionals to administer<br />
the estate, maintains and preserves the assets, makes sale preparations,<br />
and communicates with the court and the creditors as<br />
necessary through notices and orders. Under Washington’s Receivership<br />
Act, costs of the receivership are entitled to administrative<br />
priority; these costs include the receiver’s fees, receiver’s<br />
professionals’ fees, management fees and related expenses. Such<br />
costs are typically added to the borrower’s secured indebtedness<br />
and satisfied from proceeds of the receiver’s disposition of the<br />
assets. Like a bankruptcy trustee, the receiver has the ability to<br />
reject, assume or assign contracts, sell property free and clear of<br />
liens, and to abandon property as appropriate. The receiver may<br />
make interim distributions to secured lenders throughout the<br />
duration of the receivership.<br />
It is not surprising that more secured lenders<br />
are choosing receiverships and that many more<br />
are likely to do so in the months to come.<br />
Ability to Foreclose. Receiverships allow the petitioning lender<br />
to retain the ability to foreclose without court order while the<br />
receivership is pending.<br />
In sum, the Washington’s Receivership Act enables secured lenders<br />
to: 1) quickly gain access to the borrower’s assets, 2) have an<br />
independent third party, usually of the lender’s choosing, proceed<br />
with an orderly liquidation of such assets, and 3) protect the interests<br />
of creditors pending such liquidation, without incurring<br />
the significant costs of a bankruptcy or taking on the risk of the<br />
property management through other lender-managed solutions.<br />
Consequently, it is not surprising that more secured lenders are<br />
choosing receiverships and that many more are likely to do so in<br />
the months to come.<br />
Magdalena Bragun is an attorney at Lane Powell, where she<br />
focuses her practice on commercial litigation, receivership<br />
law, preference litigation and creditors’ rights. She has<br />
represented secured and unsecured creditors, receivers,<br />
official committees, plan administrators and multinational<br />
entities in a wide range of industries. Ms. Bragun regularly<br />
appears as counsel in receivership actions, bankruptcies<br />
and adversary proceedings. She can be reached at<br />
bragunm@lanepowell.com or 206.223.6259.<br />
If, at the conclusion of the receivership, the borrower’s debt exceeds<br />
the value of the assets realized by the receiver, many lenders<br />
seek a deficiency from the borrower. While this avenue may not<br />
be available in receiverships that culminate with a foreclosure,<br />
it is certainly common in receiverships involving the sale of an<br />
operating business.<br />
3. Advantages of a Receivership<br />
Some of the most attractive features of receiverships include their<br />
cost-effectiveness (including the ability to select the receiver and<br />
negotiate the receiver’s fees), speedy recovery with interim distributions,<br />
avoidance of liability, and retention of foreclosure rights.<br />
Lower Cost. The receiver’s fees are typically less than the bankruptcy<br />
trustee’s and are negotiated between the lender and the<br />
receiver before the appointment (a choice of hourly compensation,<br />
monthly fixed fee, contingency or a combination thereof). Because<br />
the borrower’s property is under control of the receiver, not the<br />
bank, the lender’s costs and risks associated with managing the<br />
property (including liability for hazardous material clean-up,<br />
condominium warranties, maintenance expenses, and so on) are<br />
eliminated or mitigated by the receivership.<br />
Faster Recovery/Interim Payouts. Receiverships have a much<br />
shorter lifespan than bankruptcies. Notice periods are shorter<br />
and more limited under Washington’s Receivership Act than the<br />
Bankruptcy Code. Moreover, as the receiver sells assets of the<br />
estate, secured lenders may receive interim distributions.<br />
Finally a cloud solution with all<br />
the cost savings and flexibility<br />
...yet compliant.<br />
Powered by IT-Lifeline<br />
(866) 394-0101 | goblackcloud.com<br />
flexibility<br />
meets security<br />
21<br />
September/October 2011 ⏐
Serving The Needs Of Washington Bankers Since 1889<br />
Pacific Coast Banking School<br />
The Premier National Graduate School of Banking TM<br />
2011 WBA/ PCBS “Rise Above the Rest”<br />
Scholarship Awarded<br />
Lisa Richardson<br />
The Washington Bankers Association is<br />
pleased to announce Lisa Richardson as<br />
the 2011 “Rise Above the Rest” scholarship<br />
recipient to Pacific Coast Banking School.<br />
To support furthering the education of<br />
our high-potential leaders in banking, the<br />
Washington Bankers Association has partnered<br />
with Pacific Coast Banking School<br />
(PCBS) to offer an annual tuition scholarship<br />
for a first-year PCBS student to one<br />
Washington banker who demonstrates his or her high potential<br />
in the industry through bank and community accomplishments.<br />
Ms. Richardson, an Assistant Vice President and Loan Operations<br />
Supervisor, has been with Future Bank since 2007 and<br />
in the banking industry for a decade. She is also the current<br />
president of the RMA New Professional <strong>Group</strong>.<br />
Ms. Richardson’s inspiring enthusiasm and dedication makes<br />
her a favorite among co-workers and customers. She has demonstrated<br />
her desire for further education in the industry by<br />
www.wabankers.com 22
Serving The Needs Of Washington Bankers Since 1889<br />
participating in the WBA Executive Development Program, a<br />
12-month program designed to motivate and accelerate the development<br />
of Washington banking industry leaders. This is an<br />
excellent preparatory program for Pacific Coast Banking School<br />
and candidates are strongly considered for this scholarship after<br />
having completed this program.<br />
Serving Northwest Financial Institutions Since 1948<br />
PCBS has helped over 10,000 high-potential leaders in the<br />
industry since its inception in 1938, refining their financial<br />
management and leadership skills. Recognized industry experts<br />
deliver cutting-edge curriculum which offers in-depth analysis<br />
and practical answers to today’s critical challenges faced by<br />
bankers from all aspects of banking. Students enroll in a threeyear<br />
program, which includes a two-week resident session each<br />
August for three years. Ms. Richardson will be part of the 2011<br />
session, August 21 – September 2, held on the University of<br />
Washington campus in Seattle, Washington.<br />
SAFE DEPOSIT BOXES<br />
NIGHT DEPOSITORIES<br />
DRIVE-UP TUBE SYSTEMS<br />
DEPOSITORY SAFES & VAULTS<br />
VIDEO SURVEILLANCE<br />
SECURITY ALARMS<br />
ACCESS CONTROL<br />
PHOTO ID & BADGING<br />
Visit one of our three Northwest branches today!<br />
Eastern Washington &<br />
Northern Idaho<br />
425 W Second Ave.<br />
Spokane, WA 99201<br />
Phone: 509-624-3152<br />
Fax: 509-624-6909<br />
Toll Free: 1-800-448-8338<br />
Western<br />
Washington<br />
3051 East Valley Rd.<br />
Renton, WA 98057<br />
Phone: 425-988-6500<br />
Fax: 425-988-6501<br />
Toll Free: 1-888-333-3921<br />
www.AlliedFireandSecurity.com<br />
Oregon &<br />
Southern Washington<br />
530 NE Couch St.<br />
Portland, OR 97232<br />
Phone: 503-281-1177<br />
Fax: 503-288-1539<br />
Toll Free: 1-800-729-3925<br />
For 30 years, we’ve been alongside our participants through calm seas and<br />
rough waters. Today you are faced with a changing debit market. As we face this<br />
challenge together, know that we’ll be by your side as an advocate and trusted<br />
advisor – empowering you to make smart decisions and build a successful debit<br />
program. We see debit opportunities in everything we do, because it’s all we do.<br />
Stay informed by visiting our Durbin Amendment Resource Center at<br />
pulsenetwork.com/debitregs<br />
Collaboration<br />
Professional Development<br />
Customer Service<br />
A Discover Financial Services Company<br />
pulsenetwork.com/debitregs<br />
©2011 PULSE<br />
23<br />
September/October 2011 ⏐
Serving The Needs Of Washington Bankers Since 1889<br />
INDUSTRY NEWS<br />
Columbia Bank Appoints Dakoda<br />
McKennon as Branch Manager<br />
Columbia Bank announces Dakoda McKennon as<br />
branch manager of the Port Angeles branch. In his<br />
new position, Dakoda will be responsible for expanding<br />
Columbia Bank’s presence within Clallam County<br />
to prepare for the opening of a Freestanding Branch.<br />
Dakoda<br />
McKennon<br />
“Dakoda has a premier customer service philosophy<br />
of going above and beyond normal expectation for customers and<br />
building a true relationship, which is vital to our philosophy and<br />
to our clients,” said Barbara Kaye, SVP and Retail Manager for the<br />
Olympic Peninsula for Columbia Bank. “With the drive to be active<br />
in the community, he will become a wonderful addition to our community,<br />
customers and branch.”<br />
Most recently, Dakoda worked for JP Morgan Chase and Washington<br />
Mutual respectively as a Branch Manager. He began his career at<br />
Washington Mutual as a High School Intern with the HIP program,<br />
while he attended Port Townsend High School. Prior to returning<br />
in 2007 as a full-time employee, Dakoda studied at Linfield College<br />
and the University of Washington.<br />
Dakoda has resided in Sequim for the past two years with his wife<br />
Brianna and their little boy, Brady. In his free time he enjoys coaching<br />
his U-14 Baseball team.<br />
The Future of your business — continued from page 19<br />
by 2011 will be well over 650 million. In fact, only the countries of<br />
China and India have bigger populations than Facebook.<br />
In 2011 and beyond, more and more businesses will be jumping<br />
on the social media bandwagon and weaning themselves off using<br />
traditional marketing channels. This trend will gain momentum<br />
as consumers find they’re better informed after tapping into their<br />
social networks rather than relying on what companies convey in<br />
advertising campaigns. “Tell a friend about us” will take on an all<br />
new meaning in the coming years as friends tell friends who will<br />
tell friends about their experiences and preferences and businesses<br />
will either thrive or struggle based on their ability to keep the social<br />
media conscious customer satisfied.<br />
In order to grow and thrive in the coming decade, brands must excel<br />
at the fundamentals of good business and embrace social networking<br />
as the preferred marketing channel. Great products backed by<br />
exceptional customer service will be the norm for those businesses<br />
that top consumers’ raves and faves list. Yes, it’s a return to business<br />
basics and a departure from perception is reality. Consumers<br />
will base their brand loyalty on what they actually experience and<br />
learn from those in their social network, and businesses will find<br />
it increasingly difficult to persuade buyers based solely on their<br />
marketing messaging.<br />
The future of marketing as a social network driven phenomenon<br />
is here to stay. It’s an exciting time and perhaps a bit scary for<br />
those businesses that don’t have a clear understanding and plan<br />
in place for competing and succeeding in the new commerce.<br />
You’d be well served to find a knowledgeable and trusted business<br />
coach that can provide the necessary insights and guidance<br />
in 2011 and beyond.<br />
For more insight into business growth and marketing, visit http:/www.growthmarketing.com.<br />
John Gubiotti is President and Lead Consultant for Growth<br />
Marketing - specializing in business growth and marketing consulting for<br />
small businesses. Learn more about how Growth Marketing can grow your<br />
business by contacting us at http://www.growthmarketing.com/contact.html.<br />
WBA staff celebrates<br />
Jim’s Birthday<br />
www.wabankers.com 24
Serving The Needs Of Washington Bankers Since 1889<br />
The Federal Home Loan Bank of Seattle<br />
provides liquidity, funding, and services that<br />
can help your institution make more housing<br />
and business loans at more competitive rates.<br />
We offer:<br />
• Competitive rates on a wide range of<br />
wholesale funding products<br />
• Customized funding solutions for managing<br />
your interest rate risk<br />
• Reduced-rate funding for affordable<br />
housing and economic development<br />
• The ability to optimize your balance sheet<br />
for contingency liquidity purposes<br />
Lending Strength ®<br />
1501 Fourth Ave., Suite 1800, Seattle, WA 98101-1693 • 800.973.6223 toll free • 206.340.2300 tel • www.fhlbsea.com<br />
Teaching The Business of Banking<br />
Curriculum Designed<br />
for Performance!<br />
Session Dates:<br />
August 19 – 31, 2012<br />
Location:<br />
University of Washington | Seattle, WA<br />
www.ThePCBS.com<br />
At Pacific Coast Banking School, we believe success requires a mastery of three<br />
critical areas: Risk Management, Financial Performance, and Leadership. Our<br />
in-depth curriculum addresses essential analytical and strategic components in<br />
each arena, designed to meet banking’s greatest challenges head-on. Take your<br />
career to the next level while experiencing the richest graduate-level banking<br />
education in the industry today – PCBS!<br />
RETAIL BANKERS | COMMUNITY BANKERS | BUSINESS BANKERS 425.278.0250<br />
25<br />
September/October 2011 ⏐
Serving The Needs Of Washington Bankers Since 1889<br />
Attorneys<br />
Davis Wright Tremaine LLP............................................ Page 14<br />
Foster Pepper PLLC........................................................... Page 6<br />
Graham & Dunn.................................................................. Page 8<br />
Lane Powell........................................................................ Page 2<br />
Business Continuity & Disaster Recovery<br />
IT-Lifeline.......................................................................... Page 21<br />
Card Processing<br />
Merchant Card Services.................................................. Page 19<br />
Cash Flow Funding<br />
Northrim Funding Services............................................Page 27<br />
Correspondent Banking<br />
United Bankers’ Bank...................................................... Page 10<br />
Credit Risk Management Solutions<br />
Harland Financial Solutions............................................ Page 14<br />
Education<br />
Pacific Coast Banking School.........................................Page 25<br />
Employee Benefits<br />
Northwest Financial Associations’<br />
Employee Benefit Trust................................................... Page 16<br />
Financial Services<br />
Federal Home Loan Bank................................................Page 25<br />
Pulse..........................................................................Page 22 & 23<br />
Sandler O’Neill + Partners............................................... Page 3<br />
Foreclosure Processing<br />
TD Service........................................................................... Page 9<br />
Retail Investment Programs<br />
Elliot Cove Capital Management...................................Page 28<br />
Security<br />
Allied Fire & Security.......................................................Page 23<br />
Redhawk Security............................................................Page 26<br />
Transfer Agents<br />
OTR.................................................................................... Page 11<br />
INFORMATION SECURITY ASSESSMENT SERVICES<br />
for Community Financials<br />
Regulatory Compliant<br />
Security testing adheres to industry<br />
standards and regulatory guidance for<br />
FFIEC and GLBA compliance.<br />
Risk-Based<br />
A risk-based approach is used to determine<br />
controls for information systems.<br />
REVIEW<br />
ADMINISTRATIVE CONTROLS<br />
EXTERNAL<br />
PENETRATION TESTING<br />
Modular<br />
Modules enable the client to choose<br />
components or phase testing:<br />
Administrative / Physical / Technical Controls Review<br />
Penetration Testing, Vulnerability Scanning, Social Engineering Testing<br />
BSA / AML Independent Review<br />
MODULAR<br />
APPROACH<br />
TECHNICAL CONTROLS<br />
VULNERABILITY SCANNING<br />
SERVICE<br />
REVIEW<br />
REGULATORY<br />
COMPLIANT<br />
ONLINE<br />
COLLABORATION<br />
•<br />
RISK-BASED<br />
INTERNAL SERVICE<br />
SOCIAL ENGINEERING TESTS<br />
PHYSICAL CONTROLS<br />
REVIEW<br />
BSA/AML<br />
REVIEWS<br />
Redhawk Network Engineering 62958 Layton Ave., Suite One, Bend, OR 97701<br />
info@redhawksecurity.com • 866-605-6328 • www.redhawksecurity.com<br />
www.wabankers.com 26
B<br />
A<br />
With our creative approach to cash flow funding<br />
and workout situations, Northrim Funding<br />
Services offers a partnership you can bank on.<br />
In today’s business credit environment, many of your commercial<br />
borrowers may find that they are unable to maintain compliance<br />
with loan covenants and agreements. Others may experience a<br />
deteriorating financial position that places the company in jeopardy<br />
of exceeding their approved loan advance ratios to meet payroll,<br />
taxes and operating expenses.<br />
Working together, Northrim Funding Services may provide the<br />
operating capital that your customers need, while you retain the<br />
longer-term deposit, fee-based services and client loyalty.<br />
Bankers helping bankers.<br />
Dan Lowell<br />
Senior Vice President<br />
and Division Manager<br />
(425) 453-1105<br />
dan@northrimfs.com<br />
Paul Kirschner<br />
Vice President and<br />
Relationship Manager<br />
(425) 453-1105<br />
paul@northrimfs.com<br />
Northrim Funding Services<br />
170 120th Avenue NE, Suite 202<br />
Bellevue, WA 98005<br />
Telephone: (425) 453-1105<br />
Fax: (425) 453-1205<br />
northrim.com
PRSRT STD<br />
U.S. POSTAGE<br />
PAID<br />
SALT LAKE CITY, UT<br />
PERMIT NO. 508<br />
THIS MAGAZINE IS DESIGNED AND PUBLISHED BY MEDIA COMMUNICATIONS GROUP 1.888.745.4003<br />
Endorsed by