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Delaware Bankers Association P.O Fall 2016 Delaware Vol. 12 No. 4 Banker SeeingSeeing PastPast thethe TreesTrees DiscerningDiscerning MaterialMaterial PurposePurpose PLUS:PLUS: 20162016 DelawareDelaware TrustTrust ConferenceConference Section!Section! For access to renowned wealth management and global capital markets experience—right here in Delaware— call us. Tony Lunger, Wealth advisory Nick Adams, global Capital markets 302.651.8743 302.636.6103 [email protected] [email protected] Wealth advisory | investment management | global Capital markets | retirement plan serviCes ©2016 Wilmington Trust Corporation and its affiliates. All rights reserved. Fall 2016 DBA Vol. 12, No. 4 Delaware Bank ers Association The Delaware Bankers Association P.O. Box 781 Dover, DE 19903-0781 Phone: (302) 678-8600 Fax: (302) 678-5511 www.debankers.com The Quarterly Publication of the Delaware Bankers Association BOARD OF DIRECTORS CHAIRMAN Mark A. Graham P. 10 P. 14 P. 18 EVP, Wealth Advisory Services Wilmington Trust CHAIRMAN-ELECT PAST CHAIRMAN P. Randolph Taylor Rodger Levenson EVP & Director of Private Banking EVP and Chief Corp. Dev. Officer Fulton Bank WSFS Bank DIRECTOR-AT-LARGE James J. Roszkowski President Discover Bank DIRECTORS Elizabeth D. Albano David M. Hargadon Chief Financial Officer SVP, Regional Vice President Artisans’ Bank TD Bank Contents Cynthia D.M. Brown Donna G. Mitchell President President & CEO View from the Chair ....................................................................... 4 Commonwealth Trust Company Deutsche Bank Trust Co. DE President’s Report .......................................................................... 6 Bruce Colbourn William S. Wallace What’s New at the DBA ......................................................... 8 Market Executive, Delaware Head of Digital Seeing Past the Trees: Discerning Material Purpose .............10 PNC Bank, N.A. Chase Consumer & Community Bank Similar Fact Pattern, Different Results ......................................... 14 Thomas M. Forrest Joe Westcott Business Interests Held in Trust ................................................... 18 President & CEO Market President, Delaware Special 2016 Delaware Trust Conference Section ........................ 23 U.S. Trust Company of Delaware Capital One Accounting for Success .................................................................... 34 Compliance Focus ....................................................................... 36 For Your Benefit ........................................................................... 38 President, CEO & Treasurer DBA Calendar of Events ............................................................... 40 Sarah A. Long Trust Law Update ......................................................................... 42 SUBMISSIONS Delaware Banker Delaware Banker welcomes news items from members of the Delaware Bankers Association. The Editors reserve the Editing & Design right to refuse any advertising or editorial copy deemed unsuitable for publication. The Editors reserve the right to set Greg Koseluk the publication date in accordance with the Association’s needs. Direct submissions to Greg Koseluk at greg.koseluk@ debankers.com Editorial Disclaimer: SUBSCRIPTIONS The opinions expressed in articles by authors other than the Association staff and Delaware Banker is available free of charge to all officers, executives, management, and key personnel of DBA members. officers are the responsibility of the authors only and not necessarily those of the Paid subscriptions to Delaware Banker are available to all others at a rate of $20 per year. To be placed on the subscriber Delaware Bankers Association. Questions and comments should be addressed to list, please email Greg Koseluk at [email protected]. the Editors. No part of this publication may be reproduced without the written permission of the Editors. Copyright 2016 by the Delaware Bankers Association. All Rights Reserved. ADVERTISING Advertising inquiries should be directed to Greg Koseluk at (302) 382-6467 or [email protected]. Rates will Delaware Banker seeks to provide banking updates and other news of interest be furnished upon request. to the members of the Delaware Bankers Association. With the exception of of- ficial announcements, the Delaware Bankers Association disclaims responsibility for opinion and statements contained in Delaware Banker, and does not endorse any product or service. Delaware Banker is designed to provide accurate informa- tion on the subject matter covered. It is presented with the understanding the Delaware Banker - Fall 2016 3 publisher is not engaged in rendering legal, accounting, or other professional services or advice. View from the Chair he election is finally over! We’ve viable financial services industry. The endured a lot of hyperbole in Association will represent the interests Tthe current election cycle. But of the industry by addressing and/or while some would have you believe its initiating State and Federal legislative unprecedented, this is nothing new. In fact, and regulatory agendas deemed important “hyperbole” has been a big part of national by the membership. The Association will elections almost as long as we’ve had them. promote educational and developmental programs as well as communication Aside from the first two elections, in which forums for the enhancement of the the unassailable George Washington breezed membership. Furthermore, it will promote to victory, every presidential election since and support the State of Delaware and its has had its share of political rough and communities. tumble. The election of 1800, to start off, had two founding fathers, John Adams Delaware’s business-friendly corporate and Thomas Jefferson. Adams’ Federalist laws, its unique courts, and responsive by party rumored that the opposition were legislature make that mission a bit easier Mark A. Graham radicals who would destroy the country. in Delaware than in most states. There’s EVP, Wealth Advisory Services While Jeffersons’ Democratic-Republicans also the two-hundred-plus year tradition Wilmington Trust accused the other side of selling out, almost of Return Day, where election rivals treasonously, to Great Britain. Adams’ son, congregate in Georgetown to symbolically Chairman John Quincy Adams, had a similarly muddy “bury the hatchet” and get back to the work Delaware Bankers Association time in 1828 in his contest with Andrew of doing the best for all Delawareans. Jackson. Jackson was branded an ignoramus who would rule as a dictator. Congratulations to Governor-elect John Carney and Lieutenant Governor-elect “Through all One of the most infamous campaigns was Bethany Hall Long. Also congratulations the changes, the that of 1884 in which Grover Cleveland was to Delaware’s new representative in ups and the downs accused of fathering a child out of wedlock, Congress, Lisa Blunt Rochester, as well as while his opponent, James G. Blaine, was all the winners who will represent the First of national life, alleged to have amassed a fortune via shady State in the State Senate and House. We the mission of the political deals. Ah, the good old days! appreciate your willingness to serve and Delaware Bankers look forward to your continued leadership Lest you think this is a history magazine, and support of the banking industry. Association has and not Delaware Banker, let me come to not changed.” the point. Since we were founded back in So no matter who got elected, or didn’t, you 1895, the Delaware Bankers Association can rest in the knowledge that your bankers has been through thirty-one presidential association is focused on working for the elections. And as a result of those elections financial services industry and the state. we have had Democrats and Republicans, conservative, liberals, and moderates, in the White House. There has been prosperity and depression, war and peace. And through all the changes, the ups and the downs of national life, the mission of the Delaware Bankers Association has not changed: To support its member institutions with leadership and information that will provide their employees, their 4 Delaware Banker - Fall 2016 communities and the State with a safe and Working Together To Improve Our Communities Eugene A. DiPrinzio Daniel P. Johnson Brent C. Shaffer Vincent C. Thomas John E. Tracey Stephanie L. Hansen John C. Kuffel Cheryl A. Santaniello Commercial Real Estate, Banking and Land Use Young Conaway provides a full range of services for commercial real estate acquisition, browneld development, land use projects, nancing and leasing in Delaware, as well as the surrounding region including Pennsylvania, Maryland and New Jersey. YoungConaway.com Rodney Square • 1000 North King Street • Wilmington, DE 19801 • 302.571.6600 President’s Report reating a hit record is never an easy of wealth management options and process. It takes a unique blend solutions. Cof artistic collaboration to create a completely distinctive, yet universal Just as in the earliest days of the music product. It requires just the right mix recording, this year’s panel performances of instrumental and vocal talents, an were recorded in single takes, with amazing amount of rhythm, and of the tracks arranged and blended into course skill in blending all the individual one cohesive unit. The Delaware Trust tracks to create a production landmark Conference Planning Committee led by in just the right key. The eleventh Committee Chair Cindy Brown paired annual Delaware Trust Conference over fifty
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