November 17 , 2008 www.bankersdigest.com Volume 133, No. 19 Texas Capital Names Cargill President, Prosperity Acquires All Ackerson Dallas Region Pres, Hartsfield Exec Deposits of Franklin Texas Capital Bank, N.A., Dallas, has Russell Hartsfield retains his title Prosperity Bancshares Inc., Houston, announced that three long-time ex- of executive vice president and as- TX, the parent company of Prosperity ecutives have been sumes additional Bank, announced on November 7 Pros- promoted to as- responsibility for perity Bank will assume approximately sume additional corporate banking $3.7 billion of deposits, including all responsibilities. operations in the uninsured deposits (and brokered Bank CEO George Dallas region. deposits) from the FDIC, acting in its Jones made the an- Jones remains capacity as receiver for Franklin Bank, nouncement. CEO of the bank SSB, Houston, which the Texas Depart- Keith Cargill has and president/CEO ment of Savings and Mortgage Lending been named pres- of Texas Capital closed on November 7. ident, COO, and Cargill Bancshares Inc., Ackerson Franklin Bank’s 46 branches were to chief lending officer. the parent company. reopen as branches of Prosperity Bank He previously served as president of Texas Capital Bank has $4.7 billion under their normal hours. the Dallas region and chief lending of- in assets and full- As of September 30, 2008, Franklin ficer. The bank’s five TX regions will now service locations Bank had total assets of $5.1 billion and report to Cargill. The COO title is new in Austin, Dallas, total deposits of $3.7 billion. Prosperity for the bank. Jones previously held the Fort Worth, Hous- Bank agreed to assume all deposits for title of president of Texas Capital. ton, and San An- a premium of 1.7% and to purchase ap- Vince Ackerson was named president tonio. The bank re- proximately $850 million of assets. of the Dallas region, succeeding Cargill. cently completed The FDIC estimates the cost to the He will now oversee the bank’s largest a private place- Deposit Insurance Fund will be be- region, including four banking centers. ment of common tween $1.4-$1.6 billion. Franklin is the Ackerson, along with Cargill and Jones, stock netting $55 Hartsfield eighteenth bank to fail in the U.S. in were among the founders of the bank million in new eq- 2008 and the first to fail in TX since January 2002. in 1998 Q uity capital Q Prosperity, a $10.5 billion-asset fi- nancial holding company, with this Pope Joins Broadway Moore Upped to SVP, acquisition will operate 170 banking Bank as Executive VP Bank of Oklahoma locations Q Please route this issue: Broadway Bank, San Antonio, has an- Stanley A. Lybarger, president/CEO, nounced that David Pope has joined Bank of Oklahoma, N.A., and BOK Fi- the bank as execu- nancial Corp., Tul- tive vice president, sa, has announced commercial bank- that Dennis In This Issue... ing manager. He Moore has been Cafeteria Plan Proposed has extensive ex- promoted to se- Regulations Effective January 1 perience in com- nior vice presi- mercial and inter- dent, trust real Feature...... 3 national banking. estate manager, in He will lead the the trust division. Charter Activity...... 8 charge in middle Moore has served Pope Moore market commercial with BOk since Classified...... 9 September 1994 real estate and construction lending Q Q p e o p l e TEXAS Leffler to Lead ANB TX Mansfield Center Southwest Bank Taps American National Bank of Texas largest community in TX, re- Presley Dallas SVP (ANB), Terrell, one of the oldest and cently named H.G. “Skip” Leffler Southwest Bank, Fort Worth, has hired banking center president for its Man- Ken Presley as senior vice president of sfield Banking Center at 2170 Matlock the Dallas Banking Center at 1603 LBJ Road. Freeway, Ste. 100. Leffler has 38 Presley has 26 years of bank- years of banking ing experience. experience. He re- He joins to cently served three ANB from Frost years as banking Bank where he center president served as mar- for Plano-based ket president in LegacyTexas Bank Arlington. His in Richardson. He experience also Leffler Presley earlier held lead- includes posi- ership positions tions with Arlington National Bank, with Bank of Texas, N.A., Dallas, and where he served as founding presi- Comerica Bank. dent and CEO in 1986; Summit Bank, He is active in in Richardson busi- Fort Worth, where he served as branch ness and community affairs, currently president; and Fort Worth Bank & serving as chairman of the board for the Trust where he served as president Richardson Symphony Orchestra and and CEO Q an advisory director for the Richardson Chamber of Commerce. Logue To Be President, Presley earned a BBA degree in fi- New Georgetown Ofc nance from Texas Tech University Q Chris Logue, who currently offices at the Independent Bank in Round Rock, has Retired Galveston Banker been appointed president of the new Worthen Dies At Age 74 Georgetown location to be built at the Northwest corner of River Boulevard Charles Alan Worthen Sr., longtime and Wolf Ranch Texas banker and philanthropist, died Road A ground- October 28. He was 74 years old. breaking ceremony Worthen began a long banking ca- ® Bankers Digest is scheduled for reer at First National Bank in Dallas in Established 1942 December 10th 1961. In 1967, he joined First Hutch- A Weekly Bank News Magazine ings Sealy National Bank in Galveston (USPS 041180) A fifteen year resident of George- which later became Published every Monday at Dallas, Texas where he retired. He was a member of ® town, Logue is a Copyright 2008 Bankers Digest recognized civic the Sealy and Smith Foundation be- BONNIE JAMISON BLACKMAN, Publisher/Editor ginning in 1977 serving as the Board’s leader. David Logue R. GILBERT BLACKMAN JR., Managing Editor President from 1992 to 2005 and Presi- 9550 Forest Lane, Suite 125 Brooks, chairman dent Emeritus until present. Through- Dallas, Texas 75243-5928 of the board of Independent Bank Phone 214/221-4544 Group, made the announcement out his career he served on the Board Fax 214/221-4546 Q of the Galveston Cotton Exchange and E-mail: [email protected] was the Founding Chairman of the website: www.bankersdigest.com NEED A Galveston Economic Development Subscription rate: SUBSCRIPTION? CHANGE AN One year $36.00, single copy $1.00 Corporation. Opinions expressed by columnists and writ- ADDRESS OR NAME? He was educated at UT Austin and ers of bylined articles are not necessarily Visit Bankers Digest on-line: the SWGSB at SMU. He was a lifelong those of Bankers Digest. Editorial guidelines may be obtained upon request. Articles and www.bankersdigest.com businessman and philanthropist. He photos may be submitted to above address served as the president of the Rosen- or sent via e-mail. SEND NEWS OF YOUR BANK berg Library, on the board of trustees Periodical postage paid at Dallas, Texas of the Galveston Wharves, director of POSTMASTER: Send address changes to [email protected] Bankers Digest®, 9550 Forest Lane, Suite 125, Fax 214/221-4546 the chamber of commerce and presi- Dallas, Texas 75243-5928. dent of the Fifty Club of Galveston Q Page  BANKERS DIGEST November 17, 2008 F E A T U R E EMPLOYEE ployer contributions) and employee The proposed rules adopt a very strict contributions. tone - plans must precisely follow all BENEFITS The following highlights from the of the rules in terms of plan design, rules are likely to be of interest to written plan documents, and opera- New IRS Cafeteria Plan health plans, particularly those that tions. Noncompliance with these rules Proposed Regulations provide cafeteria plan administrative means that the plan is not a cafeteria services. By plan and that the employee’s entire Bob McComas election will be included in gross in- 1.125-1: QUALIFIED AND NON- come, regardless of whether he elect- QUALIFIED BENEFITS IN A CAF- In August of ed taxable or nontaxable benefits. ETERIA PLAN 2007 The IRS Zero Tolerance Compliance Stan- BD withdrew six Written Plan dard p r e v i o u s l y (continued on Page 11) p r o p o s e d FEATURE sets of Sec- tion 125 regu- lations regarding cafeteria plans and replaced them with a new set. The new proposed regulations take effect for plan years beginning on or after Janu- ary 1, 2009; however, employers and administrators may begin relying on the rules immediately. Detailed infor- mation can be found at www.irs.gov/ govt/fslg/article/0,,id=112720,00.html. The basics: A cafeteria plan allows participants to receive certain ben- efits on a pretax basis. Participants in a cafeteria plan must be permitted to choose among at least one taxable benefit (such as cash) and one quali- fied benefit (such as insurance). A Section 125 plan is the only means by which an employer can offer em- ployees a cafeteria plan - a choice between taxable and non-taxable ben- efits - without the choice causing the benefits to become taxable. There are generally three types of cafeteria plans: • A premium-only plan allows an em- ployee to choose between salary and payment of the employee’s premium contribution to participate in the em- ployer’s medical plan via tax- free sal- ary reduction. • A Flexible Spending Arrangement (FSA) allows an employee to elect to have a certain amount of money with- held tax-free from the employee’s sal- ary and to use the dollars to reimburse qualified health care, dependent care, or adoption assistance expenses. • Under what is sometimes referred to as a flexible benefits plan, the em- ployer may offer a menu of qualified tax-free and taxable benefits which the employee may elect to purchase with a combination of flex credits (em-

November 17, 2008 BANKERS DIGEST Page  p e o p l e LOUISIANA ARIZONA MidSouth Ups Latiolai, Caldwell Joins Bank of New Malmstrom Is VP of Business Judson, Adds Hebert Orleans in Hammond Banking, Bank of Arizona Kevin Latiolais has been promoted to Bank of New Orleans has announced Lesley Malmstrom has been hired as first vice president at MidSouth Bank, the addition of Larry Caldwell as its vice president and relationship man- N.A., Lafayette. Hammond commercial loan officer. ager for Bank of Arizona’s business He has served as The former president of Homestead banking group in Phoenix Q vice president and Bank, Caldwell joins BNO’s lending commercial loan team with over 35 years experience TEXAS officer for the past in the banking industry. He offices Wellington Banker Neeley decade, having at 2105 Rue Simone, Ste. A, (Exit 28 joined the bank al- Eastbound off I-55 on to S. Morrison) Honored for 50 Years’ Service Jack Neeley was honored on No- most 20 years ago. in Hammond Q Pamela Judson vember 6 for his five-decade-long has been promot- banking career serving the citizens of ed to assistant Latiolais OKLAHOMA Wellington. vice president and Neeley serves as vice president cash management director. She serves Arvest Promotes Conboy, and loan officer with Pittsburg-based in the treasury department at the main Cole to VP, Doyle to AVP Pilgrim Bank (formerly Community office in Lafayette. She has 20 years of Arvest Bank, Fayetteville, AR, has re- Bank) in the TX Panhandle community banking experience, 14 with MidSouth ported recent promotions in Tulsa. of Wellington. During his 50 years in Bank, where she started as a part- Erica Conboy has been promoted to banking he has served as a bookkeeper, time teller and worked her way up to vice president, branch administrator- teller, cashier, and loan officer. branch manager before being named community region. She is a six-year Dana Bell, Pilgrim Bank president- cash management director in 2003. banker. Panhandle region, said, “Neeley is an Heather Hebert has joined Mid- Amanda Cole has been promoted to important part of our organization and South as manager of the Sulphur vice president, in-store regional man- a friend to all. His rich legacy in banking and his reputation for caring service in branch at 1500 Beglis Parkway. She ager. She is a 22-year banker. the community is unprecedented.” has a bachelors degree in finance and Jason Doyle has been named as- Neeley, born in 1933, attended Claren- 13 years of experience in the finance sistant vice president, commercial don Junior College before joining the U.S. industry. She has owned several busi- relationship officer. He is a three-year Army. After his discharge, he entered bank- nesses, a certified personal finan- banker Q ing in October 1958. Congratulations! cial planner and consultant and also Q worked for a credit union Q www.bankersdigest.com Rea Named President,

ViewPoint Bank - Oak Cliff Cesar Rea has been named president of ViewPoint Bank-Oak Cliff, which opened at 2498 W. Illinois Ave. on October 20. ViewPoint, based in Plano, opened the branch in the Hampton Village shopping center. The bank operates 30 offices in the D/FW MetroplexQ Swierc Promoted to AVP Broadway Bank, SA Patrick Swierc has been promoted to assistant vice president-market man- ager at the San Pedro Banking Center, San Antonio. Swierc joined Broadway in 2002 as a financial services repre- sentative at the Main Banking Center. He then transferred and was promot- ed to banking services nanager at the Shavano Banking Center. He has over twenty years experience in the Texas banking industry Q Page  BANKERS DIGEST November 17, 2008 N E W S W A T C H OKLAHOMA SOUTH AND SOUTHWEST InVest Community Bank PlainsCapital to Acquire First Southwest Receives Charter Approval According to an article by Brendan solidation in the investment banking The Oklahoma State Banking Depart- M. Case in the November 11 issue business has left fewer competitors for ment on October 15 approved an appli- of the Dallas Morning News, Dallas- municipal finance deals. cation for a new charter for InVest Com- based financial services company The price of the transaction was not munity Bank, which will open at 2800 S. PlainsCapital Corp., which owns $3.4 disclosed and still requires approvals. Kelly Ave., Edmond, by year-end. billion-asset PlainsCapital Bank, has It could close by the end of the year. Steven W. Rahill, InVest’s president agreed to acquire Dallas investment The acquisition is expected to in- and CEO, said 18 investors raised $8 bank and public finance adviser First crease PlainsCapital’s deposits by $370 million to launch the de novo bank. Southwest Co. million and boost its assets by $500 to Rahill said InVest will draw custom- Case quoted Alan White, Plain- $700 million. The company’s equity capi- ers from Edmond and northwest Okla- sCapital chairman and CEO, who said tal would rise to about $400 million after homa City with residential construction the deal will better enable the bank the addition of Southwest’s $65 million loans and permanent financing. The to compete against larger financial in equity capital. Net income from the bank will originate and sell residential institutions. Hill Feinberg, chairman First Southwest business is expected to mortgages, but retain servicing on com- and CEO of First Southwest, said the account for an estimated 35 percent of mercial buildings. Targeted customers deal would buoy his company as con- the company’s 2009 earnings Q will be consumers, owners of small to medium businesses, professionals, and executives. Compass Bank Introduces BBVA Compass Brand Rahill formerly served as president/ Compass Bank, Birmingham, AL, has mation with its West TX markets in the COO of First Bank & Trust Co. in Dun- announced that it is launching its first quarter of 2009. Compass has 579 can. new brand, BBVA Compass, across its branches and 734 ATMs in the states of James E. Faaborg will serve as execu- six-state “legacy” footprint, beginning AL, TX, NM, AZ, FL, and CO. tive vice president, Dennis Murphy as in the bank’s Colorado Springs, CO, Compass Bancshares Inc., is a wholly- CFO, and Dick Horton as InVest partner market and completing the transfor- owned subsidiary of BBVA, Madrid, Spain Q and director. According to The Edmond Sun, the following individuals are also bank organizers: Reed B. Bramlett, John F. Fesler Jr., Robert C. Kerby, Arthur C. Rahill Jr., Gregg A. Wadley, and Tracey L.Willis. InVest will initially employ 10 people, according to an article in The Journal Record Q

ARIZONA Johnson Bank, Phoenix, Opens Office in Deer Valley Johnson Bank, based in Racine, WI, has announced the opening of its newest AZ location at 1902 West Parkside Ln. (19th Ave., North of Loop 101) in Deer Valley (Phoenix). The bank operates two other Phoe- nix offices, three in Scottsdale, and one each in Mesa, Peoria, and Rio Verde. The WI holding company entered the AZ market in 1985 when it established Johnson Bank, Arizona, N.A., a subsidiary of Johnson Financial Group Inc., Racine. In 1996, the AZ bank was merged with Johnson Bank, and the AZ offices became branches of the WI charter Q November 17, 2008 BANKERS DIGEST Page  N E W S W A T C H TEXAS Banks in Clute, Highland Village, Billionaire Ford Files Wichita Falls, and Royce City Hit Milestones Charter Applicatiion The year was 1958, and the month was The year was 2003, and the month Billionaire Gerald J. Ford has recently October. The New York Yankees had just was September. The New York Yankees taken steps to raise his public profile won their sixth consecutive World Series and the upstart Florida Marlins were with the filing of an application to orga- title. Organizers were busy in Southeast finishing the regular baseball season nize a national bank charter. Organizers TX opening the First State Bank in Clute and heading for the World Series (the have filed an application with the Office (Brazoria County) on October 16 with Marlins won). Organizers in Wichita of Comptroller of the Currency for Ford an initial capitalization of $150,000. Falls were busy opening Fidelity Bank Group Bank, N.A., to be located at 200 Total assets reached $1.252 million as at 2535 Kell Blvd. on September 9 with Crescent Court, Ste. 1350, Dallas. Com- of February 1959. J.T. Suggs served as an initial capitalization of $8.0 million. merce Street Capital, LLP, is the spokes president of the bank. The bank reached Total assets reached $23 million as of group for the application (see Charter its fiftieth anniversay on October 16, December 31, 2003. The bank’s total Activity on Page 8). According to a legal notice in The 2008, with total assets of $100 million assets were $200 million as of June Dallas Morning News, the organizing (as of June 30, 2008) and four banking 30, 2008, and offices are now open in group includes Ford, Carl B. Webb, offices in Clute, Lake Jackson, Marvel, downtown Wichita Falls and in Burk- J. Randy Staff, Jeremy B. Ford, and and Alvin. Robert A. Perryman serves burnett. Organizing president/CEO Larry D. Willard. as president/CEO today. Tommy L. McCullough Jr. serves in the In an article by Dallas Business Journal Fast forward about 40 years to May same capacity today. staff writer Chad Eric Watt, two private 1998. Baseball sluggers Mark McGuire The year was 2006, and the month was equity funds under the name Flexpoint and Sammy Sosa were chasing Roger October. The Detroit Tigers and the St. Ford Fund II and Flexpoint Ford Over- Maris’s home run record of 61 homers Louis Cardinals were headed for the age Fund II have raised $1.28 billion in one season. Organizers in Highland World Series (St. Louis won). Organizers to invest in financial institutions and Village on Lake Lewisville were busy in Royse City, east of Dallas, were busy health care initiatives. Watt says with opening United Community Bank, N.A., opening Texas Leadership Bank in a the closing of the funds and the recent on May 27 with an initial capitalization temporary building off I-30 on October charter application filing, Ford is send- of $4.0 million. Total assets reached $6.3 10 with an initial capitalization of over ing a message that he is looking for million at June 30, 1998. The bank’s total $13 million. Total assets reached $14.5 investment opportunities in the bank- assets were $164 million as of June 30, 2008, million as of December 31, 2006. The ing industry. and offices are now open in Highland Vil- bank’s total assets were $42 million at Ford made his first bank acquisition lage, Colleyville, Coppell, and Plano. Or- June 30, 2008. Stan Pinkham, founding in 1975 under the First United Bank ganizing president/CEO Gary D. Lewis president/CEO, is leading the charge Group that ultimately became a $3.8 serves in the same capacity today. today in a handsome new building billion-asset franchise that was sold Q to Norwest Corp. (now part of Wells Fargo) in 1994. In the late 1980s, Ford and other investors cobbled together a group of five insolvent TX S&Ls under the name First Gibraltar Bank which was later sold to Bank of America. Ford also acted as an investor in the acqui- sition of a troubled CA thrift which was combined with others, including Golden State Bancorp, parent of Cali- fornia Federal Bank. Citigroup acquired Golden State in 2002 for $5.2 billion. Recently, according to The Wall Street Journal, Ford, along with private eq- uity firms Blackstone Group and Carlyle Group, were mentioned as possible buy- ers of struggling Washington Mutual. According to the Dallas Business Journal article, Ford has been involved in 30 bank acquisitions in the past 33 years. One has to believe that Ford has put himself into position to repeat his prac- tice of buying fixer-upper financial insti- tutions, making the necessary repairs, and selling for handsome profitsQ Page  BANKERS DIGEST November 17, 2008 N E W S W A T C H FAILED BANKS RISKED-BASED ASSESSMENTS Banks Fail in FL & CA, FDIC Extends Comment Period for Portions of Deposits Assumed by Banks Proposed Rulemaking on Risk-Based Assessments Freedom Bank, Bradenton, FL, was The Federal Deposit Insurance Cor- in which the assessment system dif- closed October 31 by the Commissioner poration announced on November 7 ferentiates for risk and again change of the Florida Office of Financial Regula- that is has extended for 30 days (until assessment rates beginning the second tion, and the FDIC was named receiver. December 17, 2008) the comment quarter of 2009 assessment period; The FDIC entered into a purchase and period for those portions of its Octo- and assumption agreement with Fifth Third ber 7, 2008, proposed rulemaking on (3) also effective April 1, 2009, make tech- Bank, Grand Rapids, MI, to assume all risk-based assessments that would nical and other changes to the rules of the deposits of Freedom Bank. become effective April 1, 2009. Com- governing the risk-based assessment The four branches of Freedom Bank ments on the portion of the rulemaking system. reopened as branches of Fifth Third that would become effective January To afford interested parties additional Bank on November 3. 1, 2009 - raising current assessment time beyond the present 30-day com- As of October 17, 2008, Freedom Bank rates uniformly by seven basis points ment period to review the proposals had total assets of $287 million and to- for the first quarter 2009 assessment with an April 1, 2009, effective date tal deposits of $254 million. Fifth Third period only - continue to be due by (items 2 and 3 above), the FDIC board agreed to assume all the deposits for November 17, 2008. of directors has extended the period a premium of 1.16%. In addition, Fifth On October 7, 2008, the FDIC re- for pubic comment by 30 days, that is, Third will purchase approximately $36 quested comment on proposed rules until December 17, 2008. million of assets. that would: For more information, see http:// The FDIC estimates that the cost (1) effective January 1, 2009, raise current edocket.access.qpo.gov/2008/pdf/E8- to the Deposit Insurance Fund (DIF) assessment rates uniformly by seven 24186.pdf - PDF 293k (PDF Help). will be between $80 million and $104 basis points for the first quarter 2009 To submit a comment, visit http:// million. assessment period only. www.fdic.gov/regulations/laws/federal/ The last failure in FL was First Pri- (2) effective April 1, 2009, alter the way propose.html Q ority Bank, Bradenton, on August 1, 2008. Freedom Bank is the seventeenth FDIC-insured institution to be closed this year. On November 7, Security Pacific Bank, , CA, was closed by the Commissioner of the Depart- ment of Financial Institutions, and the FDIC was named receiver. The FDIC en- tered into a purchase and assumption agreement with Pacific Western Bank, Los Angeles, CA, to assume all of the deposits of the failed bank. The four branches of Security Pacific reopened on November 10 as branches of Pacific Western Bank. As of October 17, 2008, Security Pa- cific had total assets of $561.1 million and total deposits of $450.1 million. Pacific Western agreed to assume all the deposits for a two percent premium and will purchase approximately $51.1 million of assets. The FDIC estimates the cost to the DIF will be $210 million. Security Pacific Bank is the nineteenth bank to fail in the U.S. in 2008, and the third to fail in CA. The last bank closed in CA was First Heritage Bank, N.A., Newport Beach, on July 25 Q November 17, 2008 BANKERS DIGEST Page  r e g u l a t o r s Marine Bank, Marathon, FL. tion by First National Bank, Wichita It has filed an application by Cham- Falls, for a branch at 1253 Main St., C h a r t e r bers Bank, Danville, to merge with Southlake. Chambers Bank of North Arkansas, It has approved an application by a c t i v i t y Fayetteville. First National Bank, Houston, to relo- It has filed an application by First cate a branch from 26302 I-45 N., Ste. National Bankers Bankshares Inc., B, Houston, to 1525 Lake Front Cir, Arizona Baton Rouge, LA, to acquire 25% or Spring. BRANCHES more of the stock of Arkansas Bankers’ It has approved an application by The OFFICE OF THE COMPTROL- Bancorporation Inc., Little Rock. Golden Bank, N.A., Houston, for a LER OF THE CURRENCY has re- Louisiana branch at 7250 Harwin, Houston. ceived an application by Bank of Ari- BRANCHES It has received an application by zona, N.A., Phoenix, for a branch at The OFFICE OF FINANCIAL INSTI- NewFirst National Bank, El Campo, 9545 West Camelback Rd., Phoenix, TUTIONS has filed an application by to relocate a branch from 1600 Hwy, 6 and approved an application for a Synergy Bank, Houma, or a branch at S., Ste. 150, to 50 Sugar Creek Center branch at 901 N. Dobson Rd., Mesa. 3855 West Park Ave., Gray. Blvd. Ste. 100, both in Sugar Land. It has also approved an application It has withdrawn an application by It has received an application by to relocate its branch from 6929 East The Highlands Bank, Jackson, for a First Community Bank, N.A., Sugar Greenway Pkwy., Ste. 100, Scottsdale, branch at the 8800 Block of Sullivan to 7000 East Mayo Blvd., Phoenix. Rd., Baton Rouge. Land, for a branch at 23701 Cinco It has withdrawn an application by It has approved an application by Ranch Blvd., Ste. 100, Katy. RepublicBank AZ, N.A., Phoenix, for a Gulf Coast Bank and Trust Company, It has received applications by JPM- branch at 909 East Missouri St., Phoe- New Orleans, for a branch at 5001 Vet- organ Chase Bank, N.A., Columbus, nix. erans Blvd., Metairie. It also approved OH, for branches: 4001 W. Park Blvd., It has received an application by an application to relocate its branch Plano; approved for branches: 200 E. National Bank of Arizona, Tucson, from 7612 Old Hammond Hwy. to 7235 Hwy. 290, Dripping Springs; 161 W. for a branch at 5360 North La Cholla Jefferson Hwy., Baton Rouge. Spring Creek Pkwy., Plano; 1720 W. Blvd., Tucson. It has filed and approved an appli- Loop 281, Longview; and 5005 Teasley It has approved an application by cation by The Vernon Bank, Leesville, Ln., Denton. JPMorgan Chase Bank, N.A., Colum- for a branch at 3002 Colony Blvd., New It has approved an application by bus, OH, for a branch at 15481 W. Cac- Llano. Wells Fargo Bank, N.A., Sioux Falls, tus Rd., Surprise. It has filed and approved an- ap SD, for a branch at 9800 N. Lamar Arkansas plication by IBERIABANK, Lafayette, Blvd., Austin. BRANCHES for a branch on Fern Loop at 70th St., It has approved an application by The ARKANSAS STATE BANKING Shreveport. It also has approved an Bank of America, N.A., Charlotte, NC, DEPARTMENT has approved an ap- application to relocate its branch from for a branch at 201 E. Central Texas plication by Planters & Merchants 3929 Veterans Blvd. to 3801 Veterans Expwy., Harket Heights. Bank, Gillett, for a branch at 201 Reyn- Memorial Blvd., Metairie. It has received an application by olds Rd., Paragould. New Mexico Green Bank, N.A., Houston, for a It has filed an application by Evolve CRA PERFORMANCE branch at 9595 Six Pines Dr., Ste. 355, Bank & Trust, Parkin, for a branch lo- The OCC has announced that Bank The Woodlands. cation in the 1600 to 1700 block range of Albuquerque, N.A., has received an The TEXAS DEPARTMENT OF SAV- of Falls Blvd., Wynne. It has filed an outstanding CRA rating. INGS AND MORTGAGE LENDING application to relocate the bank’s Texas has filed an application by Lone Star main office from 123 W. Parkin,- Par CHARTERS Bank, SSB, Moulton, to relocate its kin, to 301 Shoppingway Blvd., West The OCC has received an applica- Memphis. tion for an independent, full-service branch from 711 Saint Joseph to 1604 MERGERS AND ACQUISITIONS bank titled Ford Group Bank, N.A., Seydler, Gonzales. The ASBD has withdrawn applica- 200 Crescent Court, Ste. 1350, Dal- MERGERS AND ACQUISITIONS tions by Twin Lakes Community Bank las 75201. Spokesperson is Carla J. The OCC has announced an appli- and Twin Lakes Bancshares Inc., both Brooks, managing director, Commerce cation is effective as of October 17 for of Flippin, to merge with and acquire Street Capital, LLC, 1700 Pacific Ave., the affiliate merger of First Commu- Bank of Salem, Salem. Ste. 2020, Dallas. nity Bank San Antonio, N.A., San An- It has filed an application by First BRANCHES tonio, with and into First Community State Bank, Conway, to merge with The OCC has received an applica- Bank, N.A., Sugar Land Q Page  BANKERS DIGEST November 17, 2008 Successfully worked problems during a n k e r s i g e s t Services B D last crisis of the 80’s-90’s. Successful HOW TO CONTACT US INTERNAL AUDIT OUTSOURCING: in 15 years as CEO of $300+ million Time to improve or develop your in- multi-state highly rated bank. Please Fax to 214/221-4546. Mail responses ternal audit function? Our firm can respond to Box O-1, Bankers Digest. to Box Number c/o Bankers Digest, help!! We provide administrative 9550 Forest Lane, Suite 125, Dallas, TX guidance or training to your person- Experienced Cashier & CFO avail- 75243-5928. Phone: 214/221-4544. nel or will handle all your internal able for position in a community email: bankersdigest@bankersdigest. audit needs. Financial, operational, bank within 50-60 miles of San com IT, FDICIA and SOX; we can assist Antonio. Cost and Income results your company in all facets of internal oriented. Will consider consulting statewide on a contract basis.Con- Advertising rates are $35.00 for the first 25 auditing. Call Bryan Kendrick to dis- tact Fred @ 210-648-1297, 361-527- words; $10.00 for each additional 10 words cuss at 210/413-4134 or e-mail ken- 0163 or email: malone.fl@sbcglobal. per insertion. Ads which use a Bankers Digest [email protected]. net. box number for forwarding responses will be charged $5.00 additional per insertion for Cash Carriers U.S.A. provides “in- Positions Available postage and handling. Ads run on Bankers house” ATM armored, first line, de- Digest website for the duration of the advertis- posit pulls, annual maintenance, WEST TEXAS SENIOR LENDER. ing agreement at no additional charge. Only ATM equipment sales, installations, Good credit skills required. Willing Principals will be assigned box num- network conversions, ATM kiosk and bers. Responses to Bankers Digest boxes are much more. Serving Texas’ ATM forwarded twice weekly. Advertising deadline needs since 1980 from offices locat- is Monday noon for following Monday’s ed in Richardson, Houston, San An- Your employment ad publication. tonio, Austin and Oklahoma City. For could appear here! sales or service, call Jerry Gregory at (972)907-0700.

Position Wanted $35 for 25 words. See details first column, this page ATTENTION: Texas, New Mexico or on our website at www. problem banks, MOU, C&D. I CAN bankersdigest.com HELP. Thirty years banking experi- ence. Looking for a new challenge.

November 17, 2008 BANKERS DIGEST Page  C L A S S I F I E D to relocate. Will inherit portfolio for to Jon Davis, Babich & Associates, Central Texas community right person. Sharon Emiliano, Babi- 214/823-9999, [email protected], bank seeks a lender with at ch & Associates, [email protected], www.babich.com (Banking). least 5 years experience in com- 214/823-9999, #306, www.babich. mercial and commercial real estate com. (see banking). loans to serve as #2 branch lender in CENTRAL OKLAHOMA LENDERS. I a growing market. Some Ag expe- CASHIER/CONTROLLER for small can help you find a better situation. rience a plus and Spanish speaking community bank. Willing to relocate Resume to Jon Davis, Babich & Asso- desirable but not required. Strong to small town away from the “rat ciates, 214/823-9999, jdavis@babich. lending support provided. Applicant race.” Should have current control- com, www.babich.com (Banking). needs ability to self start and devel- ler experience. Sharon Emiliano, op new business relationships. Sala- Babich & Associates, Sharon@bab- COMMUNITY BANKER, TEXAS: ry based on experience with benefits ich.com, 214/823-9999, #306, www. Great small-town atmosphere, good package. Respond to Attn: Box S-2, babich.com (see banking). schools, solid team needs light-com- [email protected]. mercial, consumer, real estate lend- NEW MEXICO SENIOR COMMER- er. Mark Mitchell, Lone Star Search, First United Bank Lubbock is seek- CIAL LENDER. Great opportunity in 972-335-9009, www.lonestarsearch.net. ing an Ag Lender. 3-5 years of Ag beautiful area! Must have 5+ years lending experience required. We lending experience plus strong busi- offer a competitive salary & a great ness development and credit skills. CASHIER, TEXAS: Community bank benefits package. For confidential Harvey Urban, Babich & Associates, needs reliable, experienced bank CON- consideration, please send resume [email protected] 214-823-9999 TROLLER or CASHIER. Manage call & salary requirements to: First Unit- #304. report, back office accounting. Mark Mitchell, Lone Star Search, 972-335- CHIEF FINANCIAL OFFICER/CHIEF 9009, www.lonestarsearch.net. OPERATIONS OFFICER for Dallas/ Your equipment ad Fort Worth area bank. Excellent sal- Houston, TX, bank is seeking an could appear here! ary and great growth opportunity! experienced commercial Harvey Urban, Babich & Associates, lender for the Greater Houston [email protected] 214-823-9999, Area. Great opportunity to join this $35 for 25 words. #304. well capitalized growing commu- See details on Page 9 or nity bank. Fax resume to (713) 548- visit our website PUEBLO COLORADO AREA COM- 8707 or email to bankersdigest@ www.bankersdigest.com MERCIAL LENDER! Need solid bankersdigest.com, subject line experience including ag. Resume Box Y-3.

Page 10 BANKERS DIGEST November 17, 2008 C L A S S I F I E D ed Bank HR Dept, PO Box 16500, it, mgt. and bus dev talents. Position FEATURE (continued from Page 11) Lubbock, TX 79490. requires degree and 10+ years. The new rules are very specific and Regulatory and CRE experience a much more expansive regarding what Seeking Experienced Trust plus. Competitive compensation must be included in the written plan Officer for Community Bank package includes equity participa- document. Non-compliance disquali- Trust Dept in North Central Texas. tion and full benefits. Fax resume to fies the plan. Plan documents should Looking for candidate with broad- (512)707-1185 be reviewed, and will likely need to be based experience in trust admin- amended, to make sure the plan is in compliance with the new rules. istration and investments; Oil and Equipment Accident and Health Plans gas or real estate experience is a An employer-sponsored health plan plus. This could be a No. 1 or No. FOR SALE: Used safe deposit boxes, remains a qualified benefit under a 2 position in dept. Email resume to lockers, safes, night depositories, cafeteria plan. In addition, the new BOX O-2, bankersdigest@bankers- undercounter units, fireproof note regulations allow the employee or for- digest.com. and legal files, drive-up windows. mer employee to make a pre-tax elec- Over 340 types SD Locks available. tion to pay for COBRA premiums. This Community Bank in Fort Worth area Custom made & large size gun safes includes COBRA payments for cover- seeks an Experienced Lender in stock. 580/584-7766 or 800/642- age under a former employer’s plan or with at least 5 years lending ex- 8763, or FAX: 580/584-7720, or for the employer sponsoring the caf- perience in strong real estate and email: [email protected] eteria plan. light commercial lending. Required or www.underwoodsafe.net. 1.125-2: ELECTIONS IN CAFETERIA to be actively involved in local com- PLANS Form of Elections munity activities and have the abil- CROSSLIN CO. BANK EQUIPMENT The new rules specifically allow for ity to develop business. Required provides sales, service, and installa- electronic elections and automatic experience and knowledge of tion of new and used equipment, in- elections. A negative election is al- regulatory banking laws. An Equal cluding: modular vaults, vault doors, lowed if an employee does not return Opportunity Employer. Please send ATMs, safe deposit boxes, safes, an enrollment form when first eligible; resume and salary requirements to undercounter steel, depositories, for example, the employer will auto- [email protected]. drive-in systems, bullet resistant matically enroll the employee in self- windows, and file cabinets includ- only employer-sponsored health plan Experienced HR Assistant for ing: fireproof note, check, 4-drawer, coverage. a multi-bank holding company in legal or letter. Call 1-800-452-9058. 1.125-5: FLEXIBLE SPENDING AR- Houston, Texas. For consideration RANGEMENTS The new regulations retain many of submit resume to Box O-4, bank- BANKING EQUIPMENT NEW AND the existing rules governing health, [email protected]. USED: Buy, sell or trade. Service dependent care, or adoption assis- & installation. Power files, x2 units, tance FSAs. Northwest Louisiana commu- shelving, Mobile shelving, fireproof Dependent Care Assistance nity bank seeks information files-note, legal and letter, -under A new optional rule permits an em- Technology Officer. Competi- counter. Money safes, safety depos- ployer to reimburse a terminated tive salary, 401(k), ESOP, health in- it boxes. FLAIR SYSTEMS, 800/468- employee’s qualified dependent care surance. Submit resume to Box N-1 1246, 214/340-3580. expenses incurred after termination. [email protected]. Such provision must be included in MODULAR BANK BUILDING: 14x60. the written plan document. Wellington State Bank is seeking an Two offices, lobby, drive-in, two I/S 1.125-6: SUBSTANTIATION OF EX- experienced lender for its Ca- tellers, night depository. $26,900. PENSES The substantiation rules are signifi- nadian market area. Cattle lending Email inquiries to bankbuilding@ cant for both employers and FSA plan background a plus. Excellent op- fnbgranbury.com. administrators. While the rules adopt portunity for the right individual. We many of the previous standards, the offer a competitive salary & great MODULAR BANK BUILDINGS: tone is very strict, the rules are admin- benefits. Please send resume to: Looking to Branch? Opening a New istratively burdensome, and the ex- Wellington State Bank Att: Pres. PO Charter? Disaster Planning? Need a pectation for compliance is absolute. Box 1032 Wellington, TX 79095. Temporary while Remodeling? Tem- Incurring and Reimbursing Expens- porary/Permanent Modular Bank es for Qualified Benefits Chief Lending Officer: Austin- Buildings new and used. North The new rules provide that only ex- based community bank (in organi- American Buildings, 888-800-8866, penses for qualified benefits incurred zation) seeks CLO with strong cred- www.NorthAmericanBuildings.com. (continued on Page 12)

November 17, 2008 BANKERS DIGEST Page 11 - C L A S S I F I E D Bankers Digest PERIODICAL 9550 Forest Lane, Suite 125 Dallas, Texas 75243-5928 (USPS 041180) ADDRESS CHANGE - When writing to us about your subscription, enclose the address label from your copy of Bankers Digest. You can also change your address at www.bank- ersdigest.com under subscriptions.

FEATURE (continued from Page 11) Code Section 213(d) medical care in- mium-only plans. curred at a medical provider or retail Unfortunately, the rules still leave after the later of the effective date (or outlet when payment is made with a many important questions unan- adoption date) of the plan and the date debit card. swered and, in some cases, imply rules the employee is enrolled are permit- 1.125-7: NONDISCRIMINATION that are not stated clearly. Plan spon- ted to be reimbursed. The new rules RULES sors should coordinate the implemen- provide that, after an employee incurs Discriminatory benefits provided to tation of the new rules with their in- an expense for a qualified benefit dur- highly compensated participants and surance broker prior to the January 1, ing the coverage period, the expense key employees are included in these 2009 deadline must first be substantiated before the employees’ gross incomes. Employers Q expense may be paid or reimbursed. must establish rules for the eligibility Bob McComas is coaching leader to Debit Cards test, establish rules for the benefits/ banks and is president/CEO of Bank- The new rules incorporate previously contributions test, establish rules for ers’ HR Advisory and Bank Brokers issued guidance on substantiating, the concentration test for key employ- LLC. www.bankhr.net paying, and reimbursing expenses for ees; and provide a safe harbor for pre- BRANCHING...REMODELING

TEMPORARY AND MODULAR BANKING FACILITIES

NATIONAL MODULAR BANK BUILDINGS 2810 Lawing Lane • Rowlett, Texas Call Myrna at 800/615-7320 Email: [email protected]

Temporary and Modular Buildings available with any of the following: Safes, Safe Deposit Boxes, Night Depositories and Pneumatic Tube Systems. Alarm and CCTV Systems. Call for all your equipment needs or visit our website: www.modularbank.

Page 12 BANKERS DIGEST November 17, 2008