sioux falls estate planning council april 16, 2015 division of banking 1
TRANSCRIPT
SD Banking Profile
• State Chartered Institutions: 57
• Total Assets: $21,473,657• Largest Bank: Great Western Bank, Sioux Falls
($9,636,848,000)
• Smallest Bank: Farmers State Bank, Hosmer ($21,573,000)
• Home Federal recently chartered as SD bank
2
SD Banking Profile
3
19971998
19992000
20012002
20032004
20052006
20072008
20092010
20112012
20132014
30
40
50
60
70
80
90
150
200
250
300
350
400
450
SD Bank Charters vs. Bank Locations
# of Charters
# of Locations
# of Charters # of Locations
SD Banking Profile
4
$0
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
Total Assets vs. Total Deposits
Total AssetsTotal Deposits
Number of Banks by Asset Size
14
1515
2
7
2 1Number of Banks
Under $50M$50M-$99M$100M-$299M$300M-$499M$500M-999M$1B-4.99BOver $5B
5
Composite Ratings - Banks
6
12/31/2010
12/31/2011
12/31/2012
12/31/2013
12/31/20140
10
20
30
40
50
60
70
Composite Rating Distribution
12345
*
Trust Company Profile
7
96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 $-
$20,000,000,000
$40,000,000,000
$60,000,000,000
$80,000,000,000
$100,000,000,000
$120,000,000,000
$140,000,000,000
$160,000,000,000
$180,000,000,000
0
10
20
30
40
50
60
70
80
Trust Assets # of Trust Companies
Billions Trust Companies
Trust Department Profile
8
02 03 04 05 06 07 08 09 10 11 12 13 14$0
$1,000,000,000
$2,000,000,000
$3,000,000,000
$4,000,000,000
$5,000,000,000
$6,000,000,000
$7,000,000,000
5
6
7
8
9
10
Trust Assets # of Trust Departments
Billions Trust Departments
Public vs. Private Trust Companies
9
2011 2012 2013 2014 Pending0
10
20
30
40
50
60
70
80
34 38 4147
1
2226
2829
2
Public Companies Public Pending
Tota
l Tru
st C
ompa
nies
Public vs. Private Trust Assets
10
2011 2012 2013 20140
20,000,000
40,000,000
60,000,000
80,000,000
100,000,000
120,000,000
140,000,000
160,000,000
180,000,000
Private Companies Public Companies
Tota
l Ass
ets
(000
)
Total Assets by Type
11
2011 2012 2013 20140
20,000,000
40,000,000
60,000,000
80,000,000
100,000,000
120,000,000
140,000,000
160,000,000
180,000,000
Custodial Assets Directed Assets Discretionary Assets
Tota
l Ass
ets
Trust Company Situs
12
Active Presence Contracted Presence Limited Presence Employees0
5
10
15
20
25
30
4
22
3
19
26
3
Private Companies Public Companies
# of
Tru
st C
ompa
nies
Trust Company Composite Ratings
13
Strong Satisfactory Unsatisfactory Not Rated0
5
10
15
20
25
30
35
40
45
4
22
5
160
19
0
11
Private Companies Public Companies
Examination Statistics
14
2011 2012 2013 20140
5
10
15
20
25
30
35
0
1
2
3
4
5
6
7
10 10
15
11
10
4
6
10
Private Exams Public Exams Full-Time Trust Examiners Out-of-State Exams
# of
Exa
min
ation
s
Trust Examiner Tenure
15
12/31/2011 12/31/2012 12/31/2013 12/31/20140
1
2
3
4
5
6Trust Examiner Tenure
10+ years3-10 years1-3 years<1 yearWriting Exams
# of
Exa
min
ers
2015 Legislation
• DLR –Banking Bills • HB 1025 – Bank Bill• HB 1027 – Money Lender Bill• HB 1028 – Money Transmitter Bill• HB 1051 – Trust Task Force Bill
• Other Bills of Interest to the Division• HB 1084 – Public Deposit Protection Commission• HB 1209 – Credit Card Notice of Change in Terms
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2015 Legislation Cont.
• HB 1025 – Bank Bill• Sections 1-9 include form and style cleanup, cross-
reference fixes, commission to director changes• Section 10 changes notice process for failed banks• Supported by Banking Commission
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2015 Legislation Cont.
• HB 1027 – Money Lender Bill• Allows companies to license through NMLS• Defines “business of lending money”• Defines “duration”• Exempts state and local political entities• Moves renewal period to calendar year end• Clarifies & enhances enforcement authorities• Makes loans made by unlicensed entities partially void
18
2015 Legislation Cont.
• HB 1027 – Continued• Applies select portions of the Fair Debt Collection Practices
Act to 1st Party Collectors• Supported by Banking Commission
• HB 1028 – Money Transmitter Bill• Allows Money Transmitters to license through NMLS• Supported by Banking Commission
19
2015 Legislation Cont.
• HB 1051 – Trust Task Force Bill • Sections 1-8 are Trust Company Specific• Sections 9-20 make changes to Title 55• Sections 21-27 update Chapter 21-22
20
2015 Legislation Cont.
• HB 1051 – Trust Task Force Bill • Trust Company Sections
• 1, 2, 4 & 6 - General clean up • 3 - Changed “quorum” to “majority” for governing board
meeting requirement in SD for public trust companies• 5 - Allows municipal bonds and other investments for trust
company pledge to the Division• 7 - Allows Division to share information with other regulators for
removal and prohibition orders• 8 - Requires charter dissolution within 30 days of sale/merger
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2015 Legislation Cont.
• HB 1051 – Trust Task Force Bill • Title 55 Sections
• 9 & 10 - Creates a standard definition of “beneficiary” for use throughout Title 55 and removes a duplicate definition (other definitions still present)
• 11 - Cleanup• 12 & 13 - Splits 55-1-36 into separate code sections• 14 - Allows governing instrument to expand, restrict or eliminate
certain trust and trust administration provisions (does not apply to provisions against self-dealing)
• 15 - Allows grantor to include arbitration language in trust document
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2015 Legislation Cont.
• HB 1051 – Trust Task Force Bill • Title 55 Sections
• 16 - Clarifies trustee disclosure requirements related to investments in affiliates when court order or trust document requires affiliate investment
• 17 - Adds trust protector to the class of parties that can request a trustee be removed
• 18 - Raises the threshold for terminating noncharitable trusts from $50,000 to $150,000
• 19 & 20 - Adds LLC’s to the definition of person in 55-4-1 and makes clear that any person in 55-4-1 can be a beneficiary or transferor in Chapter 55-16 (APT Chapter)
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2015 Legislation Cont.
• HB 1051 – Trust Task Force Bill • Court Supervised Trust Sections (Chapter 21-22)
• 21 - Clarifies which parties to a court supervised trust are entitled to notice of court proceedings (creditor/claimant must have previously asserted a claim)
• 22 -26 - Provides to a trustor certain rights to intervene in any court proceeding related to a supervised trust and establishes procedures for resolving objections by interested parties and the waiver of notice in certain circumstances
• 27 - Applies the rules of civil procedure in Title 15 to any action brought under chapter 21-22
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2015 Legislation Cont.
• Bills Watched by DLR - Banking• HB 1084 – Public Deposit Protection Commission
• Allows certificates of deposits owned by the bank to be pledged as eligible collateral to secure public deposits
• HB 1209 – Credit Card Notice of Change in Terms• Better aligns SD law with that of the CFPB
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Looking Forward
• Possible Initiated Measure on Usury• Division of Banking Guidance on Trust Service Offices• Division of Banking Annual Trust Memo• Situs Requirements for Public Trust Companies
• 51A-6A-11.1 requires full compliance on 7-1-15• Trust Task Force 2015 – Possible Division Items
• Trust Company Resolution Fund Structure• Public Trust Company Office Space Requirements• Continued clean up of Chapter 51A-6A
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