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Delaware Banker Delaware Banker Spring 2019 DDelawareelaware Vol. 15 No. 2 BBankeranker Employee Civility in the #MeToo Era COLLABORATION builds better solutions for your clients. How can your As families evolve, staying at the forefront of how new laws and market conditions affect legacies is more important than ever. Collaborating with clients benefit from Wilmington Trust gives you access to a team with fiduciary experience in your work with administering the most complex trusts and estate plans – and particular Wilmington Trust? expertise maximizing the benefits of Delaware’s trust-friendly laws. And, with our enhanced portfolio modeling and risk management tools, we can help you form the foundation of a comprehensive wealth plan for your clients. For a deeper understanding of how we can benefit your client relationships, call Tony Lunger and his team at 302-651-8743. Download our white paper The Evolution and Challenges of the Trust Industry at wilmingtontrust.com/delawareadvantage. WEALTH PLANNING | TRUST AND ESTATE SERVICES | INVESTMENT MANAGEMENT | PRIVATE BANKING* * Private Banking is the marketing name for an offering of M&T Bank deposit and loan products and services. Investments: • Are NOT FDIC Insured • Have NO Bank Guarantee • May Lose Value Wilmington Trust is a registered service mark. Wilmington Trust Corporation is a wholly owned subsidiary of M&T Bank Corporation. Wilmington Trust Company, operating in Delaware only, Wilmington Trust, N.A., M&T Bank, and certain other affiliates provide various fiduciary and non-fiduciary services, including trustee, custodial, agency, investment management, and other services. International corporate and institutional services are offered through Wilmington Trust Corporation’s international affiliates. Wilmington Trust Investment Advisors, Inc., a subsidiary of M&T Bank, is an SEC-registered investment advisor providing investment management services to Wilmington Trust and M&T affiliates and clients. Loans, credit cards, retail and business deposits, and other business and personal banking services and products are offered by M&T Bank, member FDIC. ©2018 Wilmington Trust Corporation and its affiliates. All rights reserved. Spring 2019 DBA Vol. 15, No. 2 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 CHAIR Cynthia D.M. Brown P. 10 P. 18 P. 26 President Commonwealth Trust Company COLLABORATION CHAIR-ELECT Elizabeth D. Albano Executive Vice President builds better solutions for your clients. Artisans’ Bank DIRECTORS-AT-LARGE Donna G. Mitchell James J. Roszkowski President & CEO President Deutsche Bank Trust Co. DE Discover Bank DIRECTORS Dominic C. Canuso Leslie G. Gillin Contents EVP & Chief Financial Officer President, Co-Brand Card Services WSFS Bank Chase Bank USA, N.A. View from the Chair ................................................................. 4 As families evolve, staying at the forefront of how new laws and market How can your Bruce H. Colbourn Eric G. Hoerner President’s Report ..................................................................... 6 conditions affect legacies is more important than ever. Collaborating with Market Executive, Delaware Chief Executive Officer What’s New at the DBA ........................................................... 8 clients benefit from Wilmington Trust gives you access to a team with fiduciary experience in PNC Bank, N.A. MidCoast Community Bank Investing in Employees and Morale .......................................... 10 Practical Considerations Regarding Environmental Liability ....... 14 administering the most complex trusts and estate plans – and particular Larry Drexler Lisa P. Kirkwood your work with Gen. Counsel, Head of Legal & Chief SVP, Regional Vice President “Kaesting” Doubt on the State Fiduciary Income Tax System ..... 18 expertise maximizing the benefits of Delaware’s trust-friendly laws. And, Privacy Officer, Barclaycard US TD Bank Selecting Your Personal Trustee ............................................ 22 Wilmington Trust? Sustainability Is Not Just for the Polar Bears .............................. 26 with our enhanced portfolio modeling and risk management tools, we can Thomas M. Forrest Nicholas P. Lambrow Compliance Focus ..................................................................... 29 help you form the foundation of a comprehensive wealth plan for your clients. President & CEO President, Delaware Region Accounting for Success .......................................................... 30 U.S. Trust Company of Delaware M&T Bank DBA Calendar of Events ....................................................... 32 For a deeper understanding of how we can benefit your client relationships, Joe Westcott For Your Benefit ............................................................. 34 call Tony Lunger and his team at 302-651-8743. Download our white Market President Capital One paper The Evolution and Challenges of the Trust Industry at wilmingtontrust.com/delawareadvantage. President, CEO & Treasurer SUBMISSIONS Sarah A. Long Delaware Banker welcomes news items from members of the Delaware Bankers Association. The Editors reserve the right to refuse any advertising or editorial copy deemed unsuitable for publication. The Editors reserve the right to set Delaware Banker the publication date in accordance with the Association’s needs. Direct submissions to Greg Koseluk at greg.koseluk@ Editing & Design debankers.com Greg Koseluk 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 WEALTH PLANNING | TRUST AND ESTATE SERVICES | INVESTMENT MANAGEMENT | PRIVATE BANKING* 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 * Private Banking is the marketing name for an offering of M&T Bank deposit and loan products and services. permission of the Editors. Copyright 2019 by the Delaware Bankers Association. All Rights Reserved. ADVERTISING Investments: • Are NOT FDIC Insured • Have NO Bank Guarantee • May Lose Value Advertising inquiries should be directed to Greg Koseluk at (302) 382-6467 or [email protected]. Rates will Wilmington Trust is a registered service mark. Wilmington Trust Corporation is a wholly owned subsidiary of M&T Bank Corporation. Wilmington Trust Company, operating in Delaware only, Delaware Banker seeks to provide banking updates and other news of interest be furnished upon request. Wilmington Trust, N.A., M&T Bank, and certain other affiliates provide various fiduciary and non-fiduciary services, including trustee, custodial, agency, investment management, and other services. to the members of the Delaware Bankers Association. With the exception of of- International corporate and institutional services are offered through Wilmington Trust Corporation’s international affiliates. Wilmington Trust Investment Advisors, Inc., a subsidiary of M&T Bank, ficial announcements, the Delaware Bankers Association disclaims responsibility is an SEC-registered investment advisor providing investment management services to Wilmington Trust and M&T affiliates and clients. Loans, credit cards, retail and business deposits, and other for opinion and statements contained in Delaware Banker, and does not endorse business and personal banking services and products are offered by M&T Bank, member FDIC. 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 - Spring 2019 3 ©2018 Wilmington Trust Corporation and its affiliates. All rights reserved. publisher is not engaged in rendering legal, accounting, or other professional services or advice. View from the Chair ecently I had the opportunity to positions without the Financial Center walk through one of our local Development Act. Rmalls. Strolling along, in the space of a few hundred yards I found While the FCDA was a landmark piece shoes, books, clothing, toys, and food; all of legislation that impacted banking in in a variety of styles and prices. At that Delaware and with ripples felt across the moment I was struck with the notion that country, the First State didn’t spend the the Delaware Bankers Association and rest of the 1980s resting on its laurels. our financial services industry here in Next came changes to bolster the Delaware Delaware are similar to a mall. We offer an trust industry. In 1985 the State’s original amazing diversity of products all under one directed trust statute was enacted, followed umbrella organization, and all in one place, one year later by the abolishment of the the State of Delaware. rule against perpetuities that previously had limited the duration of a trust. After this What is truly remarkable in considering came the enactment of Delaware’s asset by the diversity of our association is our size. protection trusts. Since then, the wealth Cynthia D.M. Brown When comparing the
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