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112TH ANNUAL UTAH BANKERS ASSOCIATION CONVENTION PAGE 11 OFFICIAL PUBLICATION of the UTAH BANKERS ASSOCIATION Huge Teams HELPING CAN A LENDER CUSTOMERS “GET LEAN” IN ISSUE 3 2020 THROUGH PORTFOLIO RISK THE PPP MANAGEMENT? FORGIVENESS PAGE 8 PROCESS PAGE 5 112TH ANNUAL UTAH BANKERS ASSOCIATION CONVENTION PAGE 11 OFFICIAL PUBLICATION OF THE UTAH BANKERS ASSOCIATION Huge teams. Hidden costs. Everything on the meter. Sorry, that’s just not us. Our clients hire us to understand who they are and what they want, whether that’s leaner teams, transparent budgets or alternative fee arrangements. We continually monitor and evaluate their needs, anticipating the value they demand – delivered the way they want it. Find out more at swlaw.com. Brian D. Cunningham | 801.257.1954 | [email protected] Gateway Tower West | 15 West South Temple | Suite 1200 | Salt Lake City, UT 84101 Albuquerque | Boise | Denver | Las Vegas | Los Angeles | Los Cabos | Orange County Phoenix | Portland | Reno | Salt Lake City | Seattle | Tucson | Washington, D.C. SSW_2020_01_UtahBanker.inddW_2020_01_UtahBanker.indd 1 11/22/2020/22/2020 11:49:52:49:52 PPMM CONTENTS 2 11 The Bottom Line 112th Annual Utah Bankers By Howard Headlee, President, Association Convention Utah Bankers Association 12 4 New Standards for Risk and Best Washington Update: Practice In Construction Lending Personal Finance for the Pandemic By Mike Lacey, CoFi Era: Why Bankers Should Deliver Fin Ed Lessons Today 14 By Rob Nichols, President and CEO, Best Practices for Choosing a American Bankers Association Fintech Lending Partner By Tracey Levandoski, CRCM, CrossCheck 5 Compliance LLC Helping Customers Through The PPP Forgiveness Process 16 By Michael Perez, Associate General Check Writers Are More Important Counsel, Compliance Alliance Than Ever Before Contributed By Harland Clarke 6 Compliance Corner: Changes To 18 Eligible Retained Income My Borrower Is in By John Berteau, Associate General Counsel Default: A Few Preliminary Issues To Consider 8 By Landon A. Hardcastle, Jones Waldo Can a Lender “Get Lean” In Portfolio Risk Management? 20 By Brian J. Ruhe, Golden Eagle Insurance, Inc. Bank Kudos 22 9 15th Annual Women In UBA Associate Members Banking Conference 24 Bankers on the Move 10 4th Annual Banks and 26 Partners Golf Classic Upcoming Events UBA Board of Directors 2020 CHAIR 2ND VICE CHAIRMAN COMMUNITY BANK ADVISORY REGIONAL BANK ADVISORY ©2020 Utah Bankers Association | The newsLINK Group, Kristin B. Dittmer Matthew D. Bloye COUNCIL CHAIR COUNCIL CHAIR LLC. All rights reserved. Utah Banker is published four times Len E. Williams Mark A. Herman EVO and CFO Region Bank President each year by The newsLINK Group, LLC for Utah Bankers EnerBank USA Wells Fargo President and CEO Market President Salt Lake City Salt Lake City Altabank U.S. Bank Association and is the official publication for this association. American Fork Salt Lake City The information contained in this publication is intended VICE CHAIRMAN IMMEDIATE PAST CHAIRMAN to provide general information for review, consideration INDUSTRIAL BANK ADVISORY PRESIDENT Eric Schmutz Kay B. Hall COUNCIL CHAIR Howard M. Headlee and banker education. The contents do not constitute legal President and CEO EVP and CFO Kelly M. Barnett President Utah Bankers advice and should not be relied on as such. If you need legal State Bank of Southern Utah Zions Bank President Association advice or assistance, it is strongly recommended that you Cedar City Salt Lake City WebBank Salt Lake City Salt Lake City contact an attorney as to your circumstances. The statements and opinions expressed in this publication are those of the BOARD MEMBERS N. George Daines Andrea J. Moss Mori Paulsen individual authors and do not necessarily represent the Brad R. Baldwin Chairman and CEO President & CEO Salt Lake Market President views of Utah Bankers Association, its board of directors, or President & CEO Cache Valley Bank Nelnet Bank Bank of America the publisher. Likewise, the appearance of advertisements First Utah Bank Logan South Jordan Salt Lake City Salt Lake City within this publication does not constitute an endorsement or Terry L. Grant Wade L. Newman Paul F. Thome recommendation of any product or service advertised. Utah Jan M. Bergeson Utah Market President President and COO President Banker is a collective work, and as such, some articles are Utah Market Leader KeyBank Celtic Bank Salt Lake City Sallie Mae Bank submitted by authors who are independent of Utah Bankers Ally Bank Salt Lake City Sandy Mark Packard Salt Lake City Association. While Utah Bankers Association encourages Kisty Morris President a first-print policy, in cases where this is not possible, every Robert M. Bowen Executive Director Central Bank Brittany A. Westover effort has been made to comply with any known reprint Market Executive, President and CEO Morgan Stanley Bank Provo guidelines or restrictions. Content may not be reproduced Brighton Bank Salt Lake City Executive Director Salt Lake City JPMorgan Chase or reprinted without prior written permission. For further Salt Lake City information, please contact the publisher at 855.747.4003. 1 THE BOttOM LINE Howard Headlee President Utah Bankers Association t’s important to all of us that bank- If bankers ignore the results of their ers make good loans. Not just loans decisions, they will inevitably lose The inability of voters that get paid back, but those that more money, and their bank and drive growth and progress. This community will suffer. Likewise, when to differentiate between Ifuels our economy and increases the voters ignore the actual results of bad resources we have to make more loans policy, we get more bad results and compelling narratives and build our community. people suffer. Rational people learn from their mistakes and change course. As I have watched the best bankers Those who ignore results that conflict and actual results has make the best loans, I have observed with their preferred narrative care something that I think could benefit more about their fragile egos than they everyone — their ability to patiently led to dysfunction in our do about people. listen, quietly analyze and objectively differentiate between bluff and bluster government programs and real, tangible results. Pearson’s law teaches us that when per- formance is measured, performance Every day, bankers are presented with improves. And when performance is mea- and injected poison into loan requests that are compelling, ex- sured and reported, the rate of improve- citing, full of promise, and promoted by ment accelerates. But our political system our political process. impressive, charismatic individuals. But is regressing because rather than being often, the details just don’t add up. The accountable to actual results, politicians substance of the proposal, particularly the have attempted to eliminate any rational measurable results, just doesn’t pencil. measurement of their performance and have come to rely exclusively on those Unfortunately, this same discipline is who blindly defend their common nar- lacking in our political system. The rative for re-election. The results are not inability of voters to differentiate good for anyone. between compelling narratives and actual results has led to dysfunction in The beauty of the American system is our government programs and injected that it is never too late to reverse course. poison into our political process. We Our current regression can all stop as continue to reward failure and incen- soon as voters are willing to set aside tivize corruption because many voters their pet narratives and focus on results. seem more wed to defending their This will naturally occur when people preferred narratives than demanding are in enough pain that their appetite for success that improves lives. results exceeds their need for being right. Making matters worse, it is getting harder The more fortunate of us will forgo that for voters to obtain accurate informa- pain and proactively observe the ap- tion about what constitutes success and proach of the banker and patiently listen, failure. Our media has found it is more quietly analyze and objectively differenti- profitable to create and feed our favored ate between the bluff and bluster and the narratives than to report what is happen- desired results — and reward the results! ing in the world. Vote wisely. n 2 www.uba.org How can you improve bank exams? TRANSPARENCY. ACCOUNTABILITY. PREDICTABILITY. Tired of exam surprises? By taking our survey you are providing anonymous feedback that will be used to hold regulators to consistent standards. More than 2000 bankers have already participated. Take a stand. Take the survey. Utah Bankers Association a proud member of Take the RFI* survey at www.allbankers.org *RFI = Regulatory Feedback Initiative WASHINGTON UPDATE Rob Nichols President and CEO American Bankers Association PERSONAL FINANCE FOR THE PANDEMIC ERA: WHY BANKERS SHOULD DELIVER FIN ED LESSONS TODAY he pandemic has forced many moment, and an ideal time to convert learn, outranking the dangers of drugs and lessons on us, not the least of lessons into action. alcohol, healthy eating and exercise habits which is the importance of being and safe driving practices. And nine in 10 prepared. I don’t mean being- In a July survey of hourly workers (by agreed that a lack of financial education Twell-stocked-on-toilet-paper prepared. DailyPay and Funding Our Future), 51% contributes to some of the biggest social is- I mean having the ability and resources said that coming out of the pandemic, sues our country faces, including poverty, to survive an uncertain and even peril- they are more likely to save for the future, unemployment and wealth inequity. ous period. For businesses, that clearly as opposed to 15% who said they were requires having a well-crafted and tested less likely to do so. Meanwhile, 65% said This brings us to another lesson learned business continuity plan. For households, they don’t have any savings account, and from the pandemic: Significant dispari- the most important preparedness tool 62% said they would be able to save more ties in health, education and job oppor- may be a well-funded savings account.
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