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May/June Hoosier Banker: Compliance Connection with Brett Ashton

Posted by: Brett J. Ashton on May 3, 2017

Court Decision Clears Way for Broader Use of Postnuptial Agreements

As seen in the May/June 2017 issue of the Indiana Banker Association's Hoosier Banker.

Question: Recently an elderly customer received into his account a large wire transfer of over $500,000. The customer came into the branch today, adamant that he wanted to withdraw the funds in cash to take...


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March/April Hoosier Banker: Compliance Connection with Brett Ashton

Posted by: Brett J. Ashton on March/April 2017

Court Decision Clears Way for Broader Use of Postnuptial Agreements

Question: Our bank received a series of paper checks, drawn on a corporate account, that appeared to be made out to legitimate payees. In fact the checks were part of a scam, payable to bogus companies established by the employee who was depositing the instruments. We did not discover the fraud...


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President Trump Acts on Fiduciary Rule; DOL to Give it a Closer Look

Posted by: Fenton D. Strickland on February 3, 2017

Court Decision Clears Way for Broader Use of Postnuptial Agreements

In April 2016, the U.S. Department of Labor (DOL) published its final rule—widely referred to as the “fiduciary rule”—amending the regulatory definition of “fiduciary investment advice” in 29 CFR 2510.3-21, replacing a five-part test that long has governed whether a person is deemed to render...


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January/February Hoosier Banker: Compliance Connection with Brett Ashton

Posted by: Brett J. Ashton on January/February 2017

Court Decision Clears Way for Broader Use of Postnuptial Agreements

Question: We recently had an elderly customer sign a power of attorney (POA) form allowing her caretaker to help with her finances. Several years ago, the same customer had provided her son with a POA. Last week the customer’s caretaker came into the bank and wanted to cash a check made out to...


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November Hoosier Banker: Compliance Connection with Partner Brett Ashton

Posted by: Brett J. Ashton on November 2016

Court Decision Clears Way for Broader Use of Postnuptial Agreements

Question 1: Our bank recently entered into a marketing agreement with an insurance company, with the goal of generating additional income by offering life and property insurance products to our loan customers. Does Indiana law allow us to require customers to obtain insurance with their loans?

...
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Is Your Website Compliant with the Americans With Disabilities Act?

on November 4, 2016

While financial institutions are typically aware of their responsibilities under the Americans with Disability Act (the “ADA” or the “Act”) as they relate to the maintenance of their physical office spaces and overall general corporate policies, recently some institutions have been recipients of...


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October Hoosier Banker: Compliance Connection with Partner Brett Ashton

Posted by: Brett J. Ashton on October 2016

Court Decision Clears Way for Broader Use of Postnuptial Agreements

Question: Our bank has several pre-need funeral trust accounts that are funded by insurance policies. We would like to be able to redeem the policy and simply fund the trust with other bank funds. Does Indiana law allow us to do so?

Answer: No. The issue of converting pre-need funeral trust...


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