the examiners are coming!

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The Examiners Are Coming! The Examiners Are Coming! April 22, 2015 Greg Jones: Director Regulatory Compliance Services Sonny MacArthur: Partner

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Page 1: The Examiners are Coming!

The Examiners Are Coming!

The Examiners Are Coming!

April 22, 2015

Greg Jones: Director Regulatory Compliance Services

Sonny MacArthur: Partner

Page 2: The Examiners are Coming!
Page 3: The Examiners are Coming!

Another @#$% Exam?

They Were Just Here!

▲ A financial institution is granted a charter to operate

by a national (OCC/OTS) or state regulatory agency.

The FDIC and NCUA grant deposit insurance for all

federal and most state-chartered financial institutions.

This chartering process grants regulatory agencies

the authority to conduct examinations of regulated

institutions.

▲ Depending on size and condition, your institution may

be examined for safety and soundness on a schedule

ranging from every six to eighteen months.

Page 4: The Examiners are Coming!

Polling Question #1

Of the institutions on the call today, are you:

a) A National Bank

b) A State-Chartered Bank

c) A Credit Union

Page 5: The Examiners are Coming!

Types and Frequency of Exams

▲ Frequency is largely risk driven.

▲ A regulatory readiness culture can have your

institution prepared to undergo any exam type at any

time.

Safety and Soundness Consumer Compliance

Community Reinvestment Trust

Information Technology Holding Company

Targeted/Limited Scope Visitations

Page 6: The Examiners are Coming!

The Elephant in the Room

▲ The Consumer Financial Protection Bureau (CFPB)

▲ CFPB’s sole focus is on consumers

▲ CFPB actions driven by Dodd-Frank requirements

are contributing materially to the erosion of the

community financial institution model

▲ If you’re not already following the CFPB’s activities,

give this immediate attention

Page 7: The Examiners are Coming!

The Examination Cycle

▲ Pre-Examination Preparation

▲ The Examination Kickoff Meeting

▲ The Onsite Visit

▲ The Exit Meeting

▲ Responses to the Examination Report

Page 8: The Examiners are Coming!

Pre-exam Activities

▲ A PERK, or Pre-Examination Response Kit, is sent to

the institution, usually thirty or more days before the

onsite examination is scheduled to begin

▲ The PERK asks for routine financial and asset

quality reports, policy and procedure documents,

and access to Board and Board committee minutes

▲ How you approach the PERK can be a key factor in

getting the best results from the examination

Page 9: The Examiners are Coming!

Polling Question #2

When completing the PERK, do you:

a) Assign the task of fulfilling the PERK to one or several

persons within middle management with little to no

involvement from senior or executive management;

b) Assign the task of fulfilling the PERK to one or several

persons within the senior management ranks;

c) Assign the task of fulfilling the PERK to one or several

individuals within middle or senior management and final

review and approval by one or several members of executive

management; or,

d) Have no formal process or structure in place for fulfilling the

PERK.

Page 10: The Examiners are Coming!

The Examination Kickoff

▲ An opportunity to inject your thinking into the exam

process and hopefully steer its direction

▲ A SWOT (Strengths, Weaknesses, Opportunities,

Threats) presentation is an excellent way to outline

for the examiners your vision, capabilities and

thought processes

Page 11: The Examiners are Coming!

Polling Question #3

As a part of your examination preparation, do you

prepare a formal presentation, such as a SWOT

analysis, for discussion with the examination team

during the kickoff meeting?

a) Yes

b) No

Page 12: The Examiners are Coming!

The Onsite Visit

▲ Comfortable working conditions

▲ Reasonable access to institution records and

relevant management

▲ Well organized information

Page 13: The Examiners are Coming!

The Exit Meeting

▲ If you’ve managed the exam process well to this

point, there shouldn’t be any big surprises the

examiners raise at this meeting

▲ If there are issues you simply can’t resolve, take the

situation as a learning experience to improve your

institution

Page 14: The Examiners are Coming!

Responses to the Examination Report

▲ An opportunity to build on the collaborative efforts

made during the exam

▲ Clear, cooperative tone, perspective view

Page 15: The Examiners are Coming!

The Safety and Soundness Examination

▲ The most comprehensive regulatory examination

▲ Structured around the interagency CAMELS rating

system (Capital, Asset Quality, Management,

Earnings, Liquidity, Sensitivity to Interest Rates)

Page 16: The Examiners are Coming!

Other Types of Examinations

▲ Other examination types are smaller in scale than

the Safety and Soundness exam, and targeted at the

area in question.

▲ Examiners will have specialized training in these

areas, such as Consumer Compliance, CRA or Trust.

▲ While smaller in scale and less obtrusive, these

specialty examinations produce their own ratings.

Poor ratings can result in operating restrictions

being placed on the overall institution by regulators,

as well as targeted enforcement actions.

Page 17: The Examiners are Coming!

Polling Question #4

Are you familiar with or have you read the

Collaboration white paper issued by the OCC in

January 2015?

a) Yes

b) No

Page 18: The Examiners are Coming!

Deriving Benefit from an Examination

▲ Is this possible? Yes

– Examiners are essentially prepaid consultants

– They receive regular comprehensive training on all aspects

of financial institution operations

– They see things done in many different and successful

ways in a variety of situations – tap into their perspective

– Regulators maintain profiles on your bank – help them write

a positive one!

– With good regulatory relationships, you can call regulators

between exams and bounce new ideas and strategies off of

them, and they will likely be more receptive if relationships

are good

Page 19: The Examiners are Coming!

Deriving Benefit from an Examination (continued)

▲ Don’t be intimidated

▲ Engage examiners regularly during the onsite exam.

▲ Meet every request cordially and quickly.

– Designate a point person to coordinate all interactions

– Under promise – over deliver

– Exceed expectations

▲ Dazzle them!

Page 20: The Examiners are Coming!

Regulatory Readiness Defined

▲ A continuous process of monitoring preparedness

and establishing confidence entering into any exam.

▲ Identifying things you do well, then perfect them.

▲ Building a culture that embraces external reviews.

▲ Using the regulatory oversight process to enhance

your operating performance.

▲ Maintaining ongoing dialogue with the regulators.

Page 21: The Examiners are Coming!

Internal Audit’s Contribution

▲ Enterprise Risk Management (ERM) continues to garner

greater regulatory attention as competitive and

cybersecurity threats increase

▲ Financial, operational and compliance risk assessments

to help understand these threats can provide depth to

regulatory readiness efforts across the ERM spectrum

▲ Properly tailored IA reviews and IT/compliance testing

will increase regulatory confidence in your institution’s

risk management abilities

Page 22: The Examiners are Coming!

Changing Perceptions

▲ Stop viewing the exam process as adversarial.

▲ Examiners have personal pressures just like you.

– They are in many cases away from their homes for extended periods of

time.

– They are under time constraints to edit and submit your exam report,

while planning for their next assignment.

– They don’t have the emotional attachment to your institution that you do –

convince them of your passion to do things the right way.

Page 23: The Examiners are Coming!

Playing Offense

▲ Make the examiners job as easy as possible

▲ Provide transparent reporting

▲ SWOT presentations (Strengths, Weaknesses,

Opportunities, Threats)

▲ Use the examiners’ manual to test your operations

▲ Develop a sound PERK review process that ensures

complete and accurate information is provided to the

examiners in a timely and coordinated manner

Page 24: The Examiners are Coming!

In Summary

▲ Approach examinations with a view toward making

your institution better, and the process will become

more agreeable and rewarding

▲ Establishing a culture of regulatory readiness will

increase the likelihood of this happens

▲ You may even be able to gain some competitive

advantage from the process

Page 25: The Examiners are Coming!

Discussion

▲ Questions and Answers

Sonny MacArthur

Partner

404.420.5631

[email protected]

Greg Jones

Director – Regulatory

Compliance Services

404.420.5997

[email protected]

Page 26: The Examiners are Coming!

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