TUESDAY3pt SEPTEMBER stroke, 100% size 7, f2021or top VOL. of newspaper 186 No. =171 8.9931 inches AMERICANBANKER.COM Follow us on Twitter @AmerBanker CIBC nabs Costco credit card 5 partnership in Canada The Toronto-based bank will take over the High priority account from Capital One, which is ending its deal with the membership-only retail Texas Capital is hiring more bankers to fuel growth in 2.5pt stroke = 6.75 inches chain. Page 7 commercial and industrial lending. Its total C&I loans have declined by 14% since mid-2019. JPMorgan settles French tax- See story on page 6 6 fraud case for $30 million JPMorgan Chase settled a longstanding Commercial loans held for investment at June 30* French criminal investigation over allegations it helped clients commit tax fraud 2pt stroke = 5.75 inches for 25 million euros ($29.6 million). Page 7 $12B $10B White House favors Emory’s $10.2B $10.6B 7 Kristin Johnson for CFTC seat $8B $9.2B $9.1B The Biden administration plans to select $8.3B $6B1.5pt stroke = 4.6667 inches Kristin Johnson, a law professor who previously worked on Wall Street, for a $4B Democratic seat on the Commodity Futures $2B Trading Commission, according to a person familiar with the matter. Page 8 $0 1pt stroke = 3 inches 2017 2018 2019 2020 2021 Apple to let media apps 8 avoid 30% transaction fee Source: The company (*excludes energy loans) after global scrutiny Apple will allow developers of some apps to link from their software to external websites for payments by users, addressing dailybriefing 2021 bank reputation survey: a longstanding App Store complaint and 3 Goodwill humming settling an investigation by Japan’s Fair The banking industry is now enjoying a Trade Commission. Page 8 Community banks to Congress: “strong” reputation overall, after building on 1 Tax credit union-bank mergers gains made at the height of the pandemic. Awaiting its own merger, Hoping to slow the pace of deals, the Here’s who stood out and why. Page 3 9 Virginia community bank Independent Community Bankers of invests in mortgage firm America is urging lawmakers to impose a tax Texas Capital’s expansion plan With its sale to Blue Ridge Bankshares set on credit unions that acquire small banks. 4 greeted with skepticism to close within months, FVC Bankcorp is One credit union CEO called the proposal a The Dallas bank unveiled an initiative that moving to diversify by taking a 29% stake in “gimmick.” Page 2 involves doubling its client-facing headcount Atlantic Coast Mortgage. Page 9 across the Lone Star State and expanding FTC fines Capital One its investment banking division. But its White House review of 2 CEO Richard Fairbank over stock price plunged amid concerns about 10 bank M&A must consider stock awards how long it will take to deliver returns for nonbanks’ emergence “As the CEO of one of America’s largest investors. (See chart above.) Page 6 If Biden appointees are going to apply more banks, Richard Fairbank repeatedly broke antitrust scrutiny to bank mergers, they need the law,” the acting director of the FTC’s to factor into their analysis the competitive Bureau of Competition said. Page 3 threat that banks face from fintechs and other less-regulated players, Greg Baer writes. Page 9 TUESDAY SEPTEMBER 7, 2021 AMERICANBANKER.COM PAGE 2 said Alan Keller, senior vice president of recently struck a deal to acquire Security CREDIT UNIONS legislative policy for the ICBA. Federal Savings Bank in Jasper, Alabama. “There is precedent, and our proposal An excise tax would not have derailed this is not unconventional,” he said. “We see a deal, nor would it have benefited the local Community correlation between our proposal and these community had it been paid, said Steve excise taxes on tax-exempt organizations Swofford, president and CEO of the credit banks to that exceed their tax exemption.” union. The Federal Credit Union Act states “We are exempt from federal taxes only” that credit unions are established for and pay taxes to our local communities, Congress: Tax “promoting thrift among members and Swofford said. “Were such a fee to be creating a source of credit for provident charged, I don’t believe it would deter such credit union- or productive purposes.” The purchase of deals, but could impact the price a credit banks deviates from this goal, Keller said. union was willing to pay, and what bank “We believe that the purchase of tax- stockholders would receive.” bank mergers paying banks that serve nonmembers using Most of the banks that are being offered tax-exempt funds is beyond the scope of for sale, including the $40 million-asset By Ken McCarthy and Jim Dobbs this public mission,” Keller said. Security Federal Savings, are Subchapter September 02, 2021 The American Bankers Association has S banks and do not pay federal taxes at The Independent Community Bankers of not proposed a tax on credit unions for the corporate level, according to Swofford, America wants credit unions to pay a price their bank purchases, but it also wants who dismissed the ICBA’s the proposal as for their purchases of community banks. to see such deals curtailed, according to “a public relations gimmick in the bankers’ The trade group has called on the group’s spokesman Ian McKendry. continuing 100-year war against the policymakers to implement an “exit fee” Because credit unions are not subject to credit unions and their well-deserved tax on bank acquisitions by credit unions to the Community Reinvestment Act, the new exemption.” “capture the value of the tax revenue that institution is no longer obligated to invest Alabama Credit Union’s deal to buy is lost once the business activity of the in and serve low- and moderate-income Security Federal is one of 10 transactions acquired bank becomes tax-exempt.” members in the community, McKendry announced this year in which a credit union At issue is whether credit unions have said. is buying a bank, including five in August. an unfair advantage in purchasing banks. “That’s a lose-lose proposition for There were seven such deals announced Because credit unions are not taxed, communities where these transactions take last year and a record 16 in 2019. bank lobbyists say they are able to pay a place, and we will work with Congress on Laurie Stewart, president and CEO of premium in mergers and acquisitions that any approach that addresses this bad public the $923 million-asset Sound Financial bank buyers can’t match. The ICBA claims policy,” McKendry said. ”If credit unions Bancorp in Seattle, amplified the banking a tax on credit union-bank mergers would want to buy a bank, they should pay taxes industry’s opposition to credit unions’ level the playing field. like a bank and should have to demonstrate buyouts of banks. She noted that nonprofit, The Independent Community Bankers of that they serve their local communities.” tax-exempt credit unions have a mission America in recent years has railed against Alabama Credit Union, a $1.3 billion- to work with underserved populations — those transactions while asking Congress to asset organization based in Tuscaloosa, as opposed to mirroring for-profit banks. hold hearings, and asking the Government Accountability Office to study the long- term impact of credit union purchases of Established 1836 One State Street Plaza, 27th floor, New York, NY 10004 banks. Phone 212-803-8200 AmericanBanker.com The proposed fee would essentially 3pt stroke, 100% size for top of newspaper = 8.9931 inches be a tax collected by the Department of Editor in Chief Alan Kline 571.403.3846 Copy Editor Neil Cassidy 212.803.8440 Treasury or the Internal Revenue Service, 2.5pt stroke = 6.75 inches said ICBA spokesperson Nicole Swann. Managing Editor Dean Anason 770.621.9935 Reporters/Producers Proceeds would go to the general Treasury 2pt stroke = 5.75 inches fund to reduce the deficit and would not be Executive Editor Bonnie McGeer 212.803.8430 Laura Alix 860.836.5431, Kate Berry 562.434.5432 earmarked for any specific purpose. Miriam Cross 571.403.3834 1.5ptWashington stroke = 4.6667 inches Bureau Chief Joe Adler 571.403.3832 The tax would be equal to 10% of the Jim Dobbs 605.310.7780 gross value of the acquired bank’s assets 1ptExecutive stroke = 3 inches Editor, Technology or liabilities as shown on its most recent Penny Crosman 212.803.8673 John Heltman 571.403.3847, Allissa Kline 716.243.2679 balance sheet, whichever is greater, the Hannah Lang 571.403.3855 ICBA proposed. Community Banking Editor Paul Davis 336.852.9496 John Reosti 571.403.3864, Gary Siegel 212.803.1560 The proposal follows the example of Contributing Editor Daniel Wolfe 212.803.8397 the excise tax placed on the investment Kevin Wack 626.486.2341 income of private colleges and universities, For up to date and complete coverage go to AmericanBanker.com TUESDAY SEPTEMBER 7, 2021 AMERICANBANKER.COM PAGE 3 When credit unions take out banks, they “It all comes back to politics,” Marinac Fairbank is a rarity in financial circles become essentially indistinguishable said. “The credit unions have a powerful since he’s both the founder and the chief from commercial banks by expanding lobby, and there are a lot of lawmakers executive officer of one of the country’s into business and commercial real estate who’d rather not be in opposition to that largest banks. The 70-year-old’s net worth has lending — yet they retain special tax lobby. So I’ll be skeptical until proven soared alongside Capital One’s stock, and he status that gives them a taxpayer-funded otherwise.