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Junction's Rooke Installed As 2016-17 Chair, Independent

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Junction's Rooke Installed As 2016-17 Chair, Independent October 24, 2016 www.bankersdigest.com Volume 149, No. 16 Junction’s Rooke Installed as 2016-17 Chair, Emmons Is Treasurer, Independent Bankers Association of Texas BOK Financial Corp The Independent Bankers Association Rooke serves as president/CEO BOK Financial Corporation, Tulsa, of Texas recently held it 42nd annual of Junction National Bank. She joined OK, announced that Brad Emmons, convention at La Can- the bank in 1982 and has CFA, has been tera Hill Country Resort served as compliance of- named trea- in San Antonio. The con- ficer, EVP/CFO, and was surer of the vention was attended by named president/CEO in company. Em- 700 community bankers 2010, the bank’s fourth mons replaces and industry representa- president in 75 years. Marty Grunst, tives. She is a 2009 graduate of who was pro- IBAT leadership an- the Southwestern Gradu- moted to chief nounced new officers ate School of Banking risk officer and directors for 2016- at SMU. She is active in earlier this 17. Darla Rooke of Junction community af- year. Junction National Bank fairs and banking indus- Emmons Emmons is in Junction will serve as try organizations. a 19-year vet- chair for the next year. Rooke New directors installed eran of BOK Financial and served with Other officers named to include Brad Burgess Grunst as senior vice president and as- join Rooke are Chair-Elect Kim King of FirstCapital Bank of Texas, N. A., set/liability manager. He joined BOK of Brady National Bank and Secre- in Midland, Victor Pierson of Moody Financial in 1997 and has advanced tary-Treasurer Ronnie Miller of Com- National Bank in Galveston, Doug through increasingly responsible po- munity National Bank in Hondo. In Streater of Extraco Banks, N. A., sitions in the company’s finance and addition, chairman for 2015-16 Rog- in Temple, Bradley Tidwell of Citi- administration department. Through- ers Pope Jr. of Texas Bank and Trust zens National Bank in Henderson, out his career he has led major proj- Company in Longview now serves as and Sammy York of Citizens Bank in ects for the bank including building immediate past chairman. Kilgore Q its interest rate risk and funds transfer pricing models and creating its inter- est rate derivative program. Rogers Joins United, El Paso, as President Emmons is a graduate of the Whar- Lester L. (Les) Parker, chairman/CEO, TX. He has over 20 years of experience ton School of Business at the Univer- along with the board of directors of as a primary lending officer oversee- sity of Pennsylvania, where he earned United Bank ing commercial, real estate, construc- a BS degree in economics, and the of El Paso tion, and consumer lending products. Collins College of Business at the del Norte, El He began his banking career in 1991 University of Tulsa, where he earned Paso, TX, an- at Lubbock National Bank and later an MBA degree. nounced that served as a lender at Norwest/Wells BOK Financial is $32 billion-asset Monty Z. Rog- Fargo Bank. He joined Security Bank financial services company which op- ers has been as a loan officer and served at the erates seven banking divisions and an named bank bank for more than 18 years, as chief electronic funds network Q president. See lending officer since 2008. the ad on Page 4. Rogers, who was raised in Crane, In This Issue... Rogers TX, earned a BBA degree in finance Part 2: Provisions that a Bank May Want to Include in its Deposit Rogers most recently from Texas Tech University and at- Agreement served as president and chief lending tended the Southwestern Graduate Feature................................................3 officer for Security Bank in Midland, School of Banking at SMU Q Published weekly on Mondays except fifth Mondays P E O P L E TEXAS In This Issue... Still Receives 2016 Reynolds Promoted to Area Deposit Agreements, Part 2 of 4: President at Northstar Bank A Small Sampling of Suggested IBAT Chairman’s Award Provisions a Bank May Want to The Independent Bankers Association Denton-based Northstar Bank’s Dal- Include in its Deposit Agreement...3 of Texas 2015-16 Chairman Rogers las County regional president Ralph Pope Jr. present- Ramsey has announced the promo- Newswatch.....................................7-8 ed the 2016 IBAT tion of Richard Reynolds to senior Chairman’s Award vice president and area president Charter Activity...............................9 to Willard Still at over Rockwall and Rowlett. the recent IBAT Reynolds has over 15 years of Classified........................................10 convention in San banking experience. Prior to joining Antonio. Still is Northstar, he served as senior vice vice chairman of president in commercial lending at ® American Bank in BANKERS DIGEST Meridian Bank Texas. He has been Established 1942 Waco. Still active in community organizations A Weekly Bank News Magazine The IBAT Chair- (USPS 041180) in Denton, including serving on civic Published weekly on Monday except fifth Mondays man’s Award is the association’s high- and faith-based boards at 9516 Bill Browne Lane, Dallas, Texas 75243 est honor, and it is presented to an Q Copyright 2016 Bankers Digest® individual who has made an extraor- pion of community banking.” BONNIE JAMISON BLACKMAN, Publisher/Editor dinary contribution to the community R. GILBERT BLACKMAN JR., Managing Editor Still has devoted his entire career P. O. BOX 743006 banking industry. to banking, beginning in the book- Dallas, Texas 75374-3006 Pope gave a fitting introduction Phone 214/221-4544 keeping department of a bank in Fax 214/221-4546 when he presented Still with the Wichita Falls in 1958. For the next 58 E-mail: [email protected] award by saying IBAT was recognizing website: www.bankersdigest.com years, he worked in a handful of other One year subscription rate: one of community banking’s greatest banks in every area of banking on his Print $39.00, Online $26.00; Both $50.00. Single copy $1.00 ambassadors, as well as his colleague, path to American Bank where he has Opinions expressed by writers of bylined friend, and mentor. “He is a true cham- articles are not necessarily those of Bankers served since 1999. Digest. We make no representations or war- A longtime IBAT supporter and ranties for information, products, or services volunteer, Still has chaired the IBAT contained in any advertisement in this maga- COMING SOON zine or on our website. Editorial guidelines Education Foundation since 2010. He may be obtained upon request. Articles and Print Online eBook helped initiate IBAT’s award-winning photos may be submitted to above address. Teach the Teacher TM program and its Periodical postage paid at Dallas, Texas POSTMASTER: Send address changes to Teaching Excellence in Financial Lit- Bankers Digest®, P.O. Box 743006, Dallas, eracy Award. Congratulations! Q Texas 75374--3006 For the online version, go to www.texasredbookonline.com Online subscriptions less than $10 per month! To order your print version call 800-336-1120 ext. 7053, or visit www.texasredbook.com Page 2 BANKERS DIGEST October 24, 2016 F E A T U R E DEPOSIT AGREEMENTS 1999, petition denied). be beneficial to include such provi- Banks may also want to consider sion to provide additional arguments How and Why Bank Deposit including a punitive damage waiver a bank can use in litigation. Agreements are Enforceable and in a deposit agreement. Texas courts Banks can include other provi- How Banks Can Better Draft have considered the enforceability sions to try to prohibit and/or prevent Deposit Agreements to Possibly of punitive damage waivers. In Wind- a bank’s customer’s claims in other Limit Future Losses sor Communications, Inc. v. Republic Nat’l ways. For example, a plaintiff could Bank, the court reviewed a bank’s be precluded from asserting the un- Part 2 of 4: promissory note which, among other authorized disbursements against a A Small Sampling of Suggested things, waived any claim against the bank because plaintiff failed to timely Provisions that a Bank May bank for consequential, punitive, or report the alleged improper transac- Want to Include in its Deposit special damages arising out of the tions, unauthorized disbursements Agreement note. See Windsor Communications, Inc. and/or electronic transfers. Under v. Republic Nat’l Bank, 1994 WL 556847 the Texas Business and Commerce Code § By (Tex. App. – Dallas, 1994)(unpublished de- 4.406(f), without regard to care or lack William P. Huttenbach cision). The plaintiff filed several tort of care, a customer must discover and HJirsch & Westheimer, P.C. claims against the bank, and plain- report to the drawee bank within one Houston, Texas tiff’s claims seemed to all relate to the (1) year in order to recover on items note. The court held that the damage with unauthorized signatures or else I ask my clients, “if waiver was conspicuous and there was the customer is precluded from recov- a bank can better little or no proof of a disparity in the ering from the bank for the unauthor- protect itself from contracting parties’ bargaining power. ized transactions. future claims, The court held that the damage-waiv- As the Comments to the UCC ex- why would it not er provision was enforceable and did plain: “Section 4-406 evidence[s] a want to do so?” not violate public policy. public policy in favor of imposing on Thus, I wanted to In other jurisdictions, they may or customers the duty of prompt exami- provide some ex- may not enforce contractual waivers nation of their bank statements and Bankers Digest amples of provi- of punitive damages. However, it may (continued on Page 8) Huttenbach sions other banks TIB 1/3 pg ad should consider 2016 including in their agreements.
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