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News By Edition
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Dodd Frank Update Monthly Edition
Dodd Frank Update August 2018
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Crapo, Brown clash during Kraninger hearing
Posted Date: Friday, July 20, 2018
The contentious political climate in the U.S. has permeated nearly every government institution, as well as homes and businesses but has been seldom apparent among leaders of the Senate Banking Committee.
However, politically charged tension crept into the hearing for President Donald Trump’s nominees to head up the Consumer Financial Protection Bureau (CFPB) and the Export-Import Bank.
Find out what issues were at the heart of a dispute that played out during opening remarks by Sens. Mike Crapo (R-Idaho) and Sherrod Brown (D-Ohio).
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Kraninger grilled during Senate confirmation hearing
Posted Date: Friday, July 20, 2018
The widely held belief that President Donald Trump’s pick to become the new director of the Consumer Financial Protection Bureau (CFPB), Kathleen Kraninger, will face an uphill battle to getting Senate confirmation met squarely with reality during her recent hearing before the Senate Banking Committee.
Kraninger shared the hot seat with Kimberley Reed, Trump’s pick to head the Export-Import Bank, but faced the lion’s share of the committee’s most probing and critical questions.
Find out what matters the senators focused on in their questions and how many of the exchanges became contentious.
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What does English’s resignation mean for CFPB?
Posted Date: Friday, July 13, 2018
The leadership dispute at the Consumer Financial Protection Bureau (CFPB) has hung over the agency and the industries it regulates like a cloud of uncertainty. With Leandra English’s decision to resign as the bureau’s deputy director and drop her lawsuit against acting director Mick Mulvaney and President Donald Trump, the cloud has been lifted, but questions remain – some which may never be answered.
Buckley Sandler Partner Ben Olson and Ballard Spahr Partner Alan Kaplinsky offered their takes on what her resignation means for the bureau while speaking with Dodd Frank Update.
Read on to find out what they had to say.
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Mulvaney names former Hensarling aide acting deputy director
Posted Date: Friday, July 13, 2018
Days following Leandra English’s resignation announcement, Consumer Financial Protection Bureau (CFPB) acting director Mick Mulvaney named Brian Johnson to take over her deputy director duties on an interim basis.
Johnson is one of two former aides to House Financial Services Committee Chairman Jeb Hensarling (R-Texas) who have joined the bureau since Mulvaney’s was named acting director.
Find out more about more about Johnson and the events leading up to his most recent appointment.
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CFPB implementing partial HMDA exemptions; targets new guidance this summer
Posted Date: Friday, July 13, 2018
Addressing changes to the Home Mortgage Disclosure Act (HMDA) enacted by the recent signing of S. 2155 into law, the Consumer Financial Protection Bureau (CFPB) issued a statement outlining how the bureau will adjust its policies accordingly.
The law provides partial HMDA exemptions for certain depository institutions and credit unions insured by the federal government.
Find out more details about the bureau’s implementation and guidance plans, scheduled for release later this summer.
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Panelists discuss how collaboration can lead to better closings
Posted Date: Friday, July 13, 2018
Opening and maintaining effective lines of communication in the real estate business has proven easier said than done but it is a worthwhile endeavor according to participants in the 2018 National Settlement Services Summit session entitled “Perfecting Closings Together.”
Sally Freudenberg, vice president at Wells Fargo Home and Consumer Finance Group, moderated the discussion, which featured insight from Daniel Coles, senior vice president of fulfillment enablement and program manager at Bank of America, and Tom Mace, senior manager of closing and funding operations at Flagstar Bank.
Read on to find out what the industry insiders had to say.
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FHFA structure ruled unconstitutional
Posted Date: Tuesday, July 17, 2018
The Fifth Circuit Court of Appeals has declared the Federal Housing Finance Agency (FHFA) to be unconstitutionally structured, making it the second federal regulatory body to receive such a ruling within the past month.
The ruling has meaningful implications for those advocating Fannie Mae and Freddie Mac to be recapitalized and released from conservatorship under the FHFA.
Learn some of the details that led to the ruling by the three-judge panel.
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CFPB undercuts rationale for its own payday rule
Posted Date: Friday, July 6, 2018
In an unusual saga revolving around the Consumer Financial Protection Bureau’s (CFPB) payday lending rule, two groups of payday lenders involved in a lawsuit challenging the rule’s validity requested the litigation and the rule’s compliance date be stayed pending further action by the bureau.
The bureau filed a brief supporting the merits of the groups’ contentions that the date should be stayed and that the rule may be arbitrary and capricious.
Find out more about what reasons the bureau gave for its position.
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Mulvaney’s CFPB orders smaller penalty than Cordray pursued
Posted Date: Tuesday, July 10, 2018
The Consumer Financial Protection Bureau’s (CFPB) recent settlement with a payday lender charged with harassing borrowers and mishandling credit report data exemplified the difference in the agency’s mentality under Mick Mulvaney’s leadership as opposed to Richard Cordray’s.
Goodwin Law Partner Anthony Alexis, former assistant director and head of enforcement at the CFPB, referenced multiple guidance materials outlining theories for prosecuting business organizations while explaining to Dodd Frank Update the circumstances under which companies typically see reduced penalties.
Find out more details about the case and the bureau’s decision to drop certain charges.
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MISMO calls for group members to shape third-party standards
Posted Date: Thursday, August 9, 2018
Industry professionals interested in having a say in standards intended to improve third-party risk management and reducing costs may want to participate in two new groups being organized by MISMO, the mortgage industry’s standards organization.
One group is the Third Party Business Partners Risk Management Community of Practice and the other is the Third Party Oversight Questionnaire Development Workgroup. Each group will have responsibilities referenced in their names.
Read on to find out more details.
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CFTC awards first foreign whistleblower
Posted Date: Wednesday, August 1, 2018
The Commodity Futures Trading Commission (CFTC) has issued its first award to a whistleblower living in a foreign country since the program’s inception. The commission awarded more than $70,000 to a whistleblower who contributed to an ongoing investigation and led the CFTC to a successful settlement.
It also is the sixth award to a whistleblower for providing valuable information about violations of the Commodity Exchange Act.
Read on to learn more details about the significance of the award.
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TCF settles with CFPB, OCC over overdraft practices
Posted Date: Friday, July 27, 2018
A company charged with improper practices related to its marketing and sale of overdraft services recently agreed to pay $30 million in consumer redress and penalties to settle lawsuits filed by the Consumer Financial Protection Bureau (CFPB) and the Office of the Currency of the Currency (OCC).
In a 2017 lawsuit, the bureau asserted that the bank purposely constructed a deceptive overdraft opt-in policy to avoid losing an estimated $182 million each year because new overdraft opt-in requirements under the Dodd-Frank Act. The company disputed the claim.
Find out more about the settlement and the proceedings leading up to it.
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Working with state regulators to make everyone’s life easier
Posted Date: Friday, July 27, 2018
The spotlight on state regulators is brighter than in the past with the Consumer Financial Protection Bureau (CFPB) electing to focus more energy on functions other than enforcement under Mick Mulvaney’s leadership.
Richard Horn, principal attorney at Garris Horn PLLC and former senior attorney at the CFPB and the Federal Deposit Insurance Corp., shared the spotlight at the 2018 National Settlement Services Summit with two state regulators – John Lartz from Illinois and Chuck Myers from Virginia – as well as Michelle Korsmo, CEO of the American Land Title Association, to examine their approaches to the new regulatory environment, and taking an active role in shaping it.
Find out what matters the speakers explored in-depth during the session.
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Stress test, living will implications of JOBS Act 3.0
Posted Date: Friday, July 27, 2018
Among the 32 legislative pieces comprising a substitute amendment to the bipartisan JOBS and Investor Confidence Act, also known as S. 488 and the JOBS Act 3.0, are provisions affecting the regulatory climate in ways that would be beneficial to financial markets, and help small businesses retain capital required to grow.
Those provisions first were introduced in bills H.R. 4292, the Financial Institution Living Will Improvement Act of 2017, and H.R. 4566, the Alleviating Stress Test Burdens to Help Investors Act (Sections 2 and 3).
Find out what Dodd-Frank changes those measures propose and what other provisions are included in the package.
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CFPB, FTC officials cite flaws in credit bureau accountability
Posted Date: Friday, July 27, 2018
Numerous financial trade organizations and members of Congress have advocated for federal regulators to hold credit reporting bureaus accountable for the security of vast amounts of personal information in their possession.
Peggy Twohig of the Consumer Financial Protection Bureau and Maneesha Mithal of the Federal Trade Commission (FTC) said their agencies want to focus more attention on credit reporting agencies while testifying before the Senate Banking Committee, but noted that the bureau could not enforce against data breaches and the FTC could not hand out civil penalties to violators.
Find out what both agency officials had to say about the matter of holding credit reporting agencies accountable when breaches occur.
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Bankers request TRID exemption for single-family construction loans
Posted Date: Friday, July 27, 2018
Advocating for single-family residential construction loans to be exempt from TILA-RESPA Integrated Disclosure (TRID) requirements, more than 100 bankers made their case in a letter to Consumer Financial Protection Bureau (CFPB) acting director Mick Mulvaney.
The bankers argued that TRID requirements have created confusion for consumers and caused many banks to exit the market because of the associated costs and strict compliance standards for the underwriting and construction process.
Find out what the bankers had to say in their letter.
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Applications fall as mortgage rates trend up
Posted Date: Friday, July 27, 2018
Mortgage rates ticked up ahead of a more significant drop in mortgage applications the succeeding week, according to information reported by Freddie Mac and the Mortgage Bankers Association, respectively.
Reports by both organizations seem to underscore a trend in rising rates for certain fixed-rate mortgages as overall applications fall.
Read on to find out more details about the findings and what they reveal about the mortgage market.
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Informative Research integrates with LendingQB
Posted Date: Thursday, July 26, 2018
Informative Research, which delivers technology-driven solutions for the mortgage industry, recently announced a complete integration with LendingQB’s Loan Origination System (LOS), allowing LendingQB users to easily access and order several products Informative Research offers.
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Wipro, ComplianceEase enhance integration with per diem interest test
Posted Date: Thursday, July 26, 2018
The technology integration between Wipro Gallagher Solutions (WGS), a loan origination software provider, and ComplianceEase, an automated compliance solutions provider, has been enhanced to allow Wipro users to include per diem interest compliance tests results on their audit reports, which is particularly beneficial to the companies’ clients in California.
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CFPB suspends two-thirds of total settlement payment
Posted Date: Tuesday, July 24, 2018
The Consumer Financial Protection Bureau (CFPB) recently announced a settlement with a small-dollar lending company for multiple “deceptive” acts that violate the Truth in Lending Act (TILA). The company is being given the opportunity to settle for less than a third of the more than $1.5 million judgment against it.
The order suspends full payment of the judgment subject to Triton’s payment of $500,000 to affected consumers, and providing the company abides by certain terms.
Find out more about the settlement and the company’s violations.
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CFPB names director of new Office of Innovation
Posted Date: Tuesday, July 24, 2018
The Consumer Financial Protection Bureau’s (CFPB) new chief innovation official comes to the agency from the fintech world.
Acting director Mick Mulvaney recently named Paul Watkins director of the bureau’s freshly minted Office of Innovation, where he will oversee the agency’s efforts to encourage consumer-friendly innovation, keeping with one of the bureau’s priorities it pursued through its Protect Catalyst initiative.
Find out more about Watkins and his background.
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Export-Import Bank nominee finds support in hearing
Posted Date: Tuesday, July 24, 2018
Kimberly Reed is in line to become the first Export-Import president in four years and the first woman to hold the role since its establishment in 1934.
Reed received support from the Senate Banking Committee last December after being nominated to become the first vice president of the Ex-Im Bank. There were few, if any, indications during her confirmation hearing for the president’s seat that the committee’s support has wavered.
Find out what qualifications she brings to the table and what values she pledged to uphold if confirmed.
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Committee approves eight SEC-centric bills
Posted Date: Tuesday, July 24, 2018
Eight bipartisan bills targeting the Securities and Exchange Commission’s policies regarding investors and investment activity recently received approval from the House Financial Services Committee via voice vote.
The legislative pieces would require changes intended to facilitate regulatory flexibility, small business investment, protecting senior investors, market expansion and corporate transparency to help guard against insider trading.
Find out more information about the legislative measures headed for a full House vote.
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Legislators press Powell on Fed policies, financial stability
Posted Date: Friday, July 20, 2018
Federal Reserve Chairman Jerome Powell gave an optimistic view of the economy and stated that an activity-based regulatory plan for regulating systemically-important financial institutions is “in the works,” during his semi-annual monetary policy report to Congress.
Powell spoke before the Senate Banking Committee on July 17 and the House Financial Services Committee the following day.
Find out details about what insight he offered relevant to the financial industry.
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Quarles confirmed for new Fed board term
Posted Date: Friday, July 20, 2018
The Senate voted 66-33 to have Randal Quarles remain in his role as the Federal Reserve Board’s vice chairman for supervision for an additional 10-plus years.
Speaking at the American Bankers Association’s Summer Leadership Meeting in Salt Lake City the day after his latest confirmation was announced, Quarles outlined three principles that will guide his actions at the Fed.
Read on to learn more about Quarles and his confirmation.
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ABA behind political ads in Arkansas, Maine
Posted Date: Friday, July 20, 2018
For the second time this year and in its history, the American Bankers Association (ABA) announced that it has partnered with two state-level banking associations to produce TV commercials endorsing political officials running in the 2018 midterm elections.
The move is part of ABA’s stated commitment to expanding the banking industry’s political engagement and growing bipartisan, consensus-minded, pro-banking representation in Congress.
Read on for more details about the candidates the group is helping to promote.
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MBA report shows decline in applications, uptick in rates
Posted Date: Friday, July 20, 2018
Mortgage loan applications decreased 2.5 percent on a seasonally adjusted basis from the previous week and 15-year fixed mortgage interest rates saw an uptick of 4 basis points, according to data evaluated using the Mortgage Bankers Association’s (MBA) Market Composite Index, a measure of mortgage loan application volume.
The report also highlights weekly and year-over-year trends among other mortgage types.
Read on to find out more details.
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ComplianceEase integrates with Tavant VΞLOX
Posted Date: Friday, July 20, 2018
ComplianceEase, which provides automated compliance solutions to the financial services industry, and Tavant recently announced an integration between ComplianceEase’s ComplianceAnalyzer, 4506xpress and LicenseManager within the Tavant VΞLOX product suite — the leading AI-powered digital lending platform, according to a press release announcing the integration.
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Calyx Path integrates LOS platform with Optimal Blue APIs
Posted Date: Thursday, July 19, 2018
Calyx Software and Optimal Blue recently announced the completion of the integration between Path, Calyx’s cloud-based, dynamic mortgage loan origination software (LOS), and Optimal Blue’s product eligibility and pricing engine.
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CFPB cites ‘deceptive’ debt collection practices in settlement
Posted Date: Tuesday, July 17, 2018
Marking the agency’s first time declaring a company’s practices “deceptive” since Mick Mulvaney was named acting director, the Consumer Financial Protection Bureau (CFPB) has reached a settlement with a debt collection company for misinforming consumers about debt amounts they owed.
The defendants in the case have the opportunity to settle the matter for much less than the total civil money amount listed in the consent order.
Find out more details about the settlement and what is significant about the matter.
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Bureau urges Education Department to help with Navient case
Posted Date: Tuesday, July 17, 2018
A dispute with the Education Department (DOE) over its decision not to honor an agreement it entered into with the Consumer Financial Protection Bureau (CFPB) during President Barack Obama’s administration is causing a hold up ongoing litigation against the nation’s largest student loan provider.
Navient has said that it wishes to resolve the case against it but the dispute between the two government agencies is delaying that process. The bureau wrote to DOE requesting that it produce records which it has requested from Navient.
Find out more details about the situation.
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FSR, Clearing House merge to form Bank Policy Institute
Posted Date: Tuesday, July 17, 2018
The Financial Services Roundtable (FSR) and The Clearing House have fused to become the Bank Policy Institute (BPI).
Its mission is to use data and analysis to promote policies and regulations that benefit its member companies’ abilities to serve their customers and clients, help drive the economy and ensure safety and soundness, according to a press release.
Read on to learn more details about the merger and the new organization.
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CFTC hands out largest whistleblower award
Posted Date: Tuesday, July 17, 2018
A man who offered original information about violations of the Commodity Exchange Act (CEA) has been granted the largest award for a whistleblower in the history of the Commodity Futures Trading Commission (CFTC) Whistleblower Program.
The award is roughly three times larger than the previous award to hold that distinction, paid in March 2016.
Read on to find out more about the multi-million dollar award.
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LBA Ware hires Jessica Henke as solutions consultant
Posted Date: Monday, July 16, 2018
LBA Ware, a provider of automated compensation software and systems integration solutions for mortgage lenders, recently hired Jessica Henke as a solutions consultant to support the company’s implementation consulting and client success efforts.
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Calyx Software puts Bob Dougherty in charge of business development
Posted Date: Friday, July 13, 2018
Calyx Software, a comprehensive mortgage software solutions provider for banks, credit unions, mortgage bankers, wholesale and correspondent lenders and brokers, recently promoted Bob Dougherty to executive vice president of business development.
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Wolters Kluwer risk reporting solution wins Risk Technology Award
Posted Date: Friday, July 13, 2018
Wolters Kluwer Finance’s Risk & Reporting business, OneSumX, recently was named Risk magazine’s “Regulatory Reporting System of the Year, 2018,” in the publication’s annual Technology Awards, celebrating excellence and innovation.
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NAFCU files 15th ADA-related amicus
Posted Date: Friday, July 13, 2018
The National Association of Federally-Insured Credit Unions (NAFCU) remained vigilant in its efforts to support credit unions charged with violating the Americans with Disabilities Act (ADA), having recently filed its 15th amicus brief in such a case.
Reports of such cases more than doubled near the end of 2017, alerting industry trades concerned that many such suits may be attempts to exploit credit unions.
Read on to learn more about the matter and what it means for the industry.
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Data breach costs up since last year
Posted Date: Friday, July 13, 2018
When it comes to mitigating the negative impacts of a data breach, time is of the essence. A recent study by the Ponemon Institute and IBM Security showed a 6.4 percent increase in losses related to data breaches since 2017.
Breach-related losses have been less significant among companies that contain a breach within 30 days of discovery, researchers found.
Read on to find out more details about the study’s findings.
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California MBA welcomes new board members
Posted Date: Friday, July 13, 2018
The California Mortgage Bankers Association (CMBA) added three new board members in July, including AJ George, chief administrative officer of CMG Financial.
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LendingQB integrates STRATMOR borrower satisfaction tool
Posted Date: Wednesday, July 11, 2018
LendingQB, a Saas loan origination technology solutions provider, has partnered with the industry advisory firm STRATMOR Group to offer its lenders a tool designed to help them gain the control, visibility and context necessary to manage and improve the borrower experience.
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Level One Bank doubles mortgage division
Posted Date: Wednesday, July 11, 2018
Level One Bank recently announced plans to double the size of its mortgage division, adding new mortgage loan officers and support staff who come to the company from MB Financial Bank.
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Fed study shows 'little evidence' CFPB squeezed credit availability
Posted Date: Tuesday, July 10, 2018
The mortgage market’s supply of available credit has seen little impact from increased regulatory scrutiny since the founding of the Consumer Financial Protection Bureau (CFPB), according to a recent study by the Federal Reserve Bank of New York.
The study was conducted to determine whether financial institutions have engaged in less lending activity and suffered from higher compliance costs because of increased regulatory oversight by the bureau, as is commonly asserted by industry advocates.
Find out details about what the Fed has determined based on the evidence it uncovered.
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Senate votes down trade-opposed rescission package
Posted Date: Tuesday, July 10, 2018
The Senate recently voted against a bill that would rescind millions from programs financed by the Treasury’s Community Development Financial Institutions Fund. The package proposed to claw back funding previously appropriated to the Capital Magnet Fund and the Bank Enterprise Award program.
Numerous trade groups representing banks and credit unions expressed opposition to an original plan to rescind even more money and reiterated their disapproval regarding the revised version.
Read on to find out more details about the bill and the programs it would have impacted.
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Bankers hope for bipartisan farm bill compromise
Posted Date: Tuesday, July 10, 2018
The House’s passage of the “Agriculture and Nutrition Act,” known colloquially as the “farm bill,” is encouraging to community bankers who support many of its provisions to extend and modify certain programs benefiting rural communities, and revise various agriculture and nutrition policies.
The fact that the bill passed by a slim, two-vote margin raises concerns among those hoping the measure can find an adequate bipartisan compromise in the Senate. The bill was opposed by all House Democrats and 20 Republicans. Numerous associations representing farmers have expressed opposition to the bill as well.
Find out more about the measure and the differing viewpoints regarding its provisions.
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House approves CFIUS update, RBC rule delay
Posted Date: Tuesday, July 10, 2018
The House’s decision to approve H.R. 5841, the “Foreign Investment Risk Review Modernization Act” brings the Committee on Foreign Investment in the U.S. (CFIUS) one step closer to its first major revamp since 2007 and credit unions one step closer to a long-advocated two-year delay to risk-based capital requirements imposed by the National Credit Union Administration (NCUA).
The legislation, sponsored by Rep. Robert Pittenger (R-N.C.), passed by a 400-2 margin and is based on a bill (S. 2098) that received unanimous support in the Senate Banking Committee in May.
Find out more about what the legislation proposes.
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English to resign from CFPB, drop lawsuit
Posted Date: Friday, July 6, 2018
After approximately seven months waging a legal battle for control of the Consumer Financial Protection Bureau (CFPB) that began once former Director Richard Cordray resigned from the bureau, the official he tapped to take his place has announced her own resignation.
English filed suit against the president and Mick Mulvaney shortly after Mulvaney’s appointment as the bureau’s acting director, arguing that, as deputy director, she was the rightful interim leader of the CFPB per the Dodd-Frank Act.
Read on to find out more details about her decision and the case.
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Citibank settles with CFPB over self-reported TILA violations
Posted Date: Friday, July 6, 2018
Four months after the company announced it would reimburse customers overcharged interest on their credit cards, the Consumer Financial Protection Bureau revealed that it had settled with Citibank for $335 million in connection with the improper interest charges.
The bank’s decision to self-report the issue was rewarded, with the bureau electing not to include a civil money penalty requirement in its consent order.
Find out more about what charges the bureau detailed in the order.
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Buckley Sandler partner examines workforce diversity
Posted Date: Friday, July 6, 2018
At the 2018 National Settlement Services Summit (NS3) in Detroit, Buckley Sandler, LLP Partner Valerie Hletko addressed conference attendees about diversity within one’s office and company, as well as policies employers should implement to achieve both diversity and inclusion amongst co-workers.
Hletko told attendees that research showed benefits from establishing diversity, while increased and complex problems can be solved through a better plan in place pertaining to diversity.
Read on to find out what was said.
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Black Knight seeks transformation with acquisition
Posted Date: Friday, July 6, 2018
Companies don’t often get to define transformational moments as they happen, but that’s exactly the feeling Black Knight executives have after the recent announcement that the company would be buying HeavyWater, a maker of artificial intelligence (AI) and machine learning technology for the financial services industry.
The deal, terms of which were not disclosed, will provide Black Knight with HeavyWater’s AIVA solution, which helps lenders verify income, assets and insurance coverage, traditionally manual activities that take hours to complete and are subject to error.
Executives from both companies sat down with Dodd Frank Update to talk about their vision for an exciting future. Read on for details from the companies.
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Bill signing boosts small business lending program
Posted Date: Friday, July 6, 2018
President Donald Trump recently signed into law a measure crafted to strengthen the Small Business Administration’s oversight of its loan programs and bump its 7(a) program’s lending authorization cap.
The bipartisan bill passed the House by voice vote in May and received unanimous Senate approval a little more than a month later.
Read on to learn more details about the measure.
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Churchill Mortgage hires 25 professionals across 12 states
Posted Date: Tuesday, July 3, 2018
The steady increase in homeowner demand throughout 2018 has spurred Churchill Mortgage, which offers a variety of residential mortgages throughout 46 states, to hire 25 new employees to its branches in Arizona, Florida, Iowa, Maryland, Michigan, North Carolina, Oklahoma, Oregon, Tennessee, Texas, Virginia and Washington.
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ICBA names Sherry Larson vice president of financial analysis, budget
Posted Date: Friday, June 29, 2018
The Independent Community Bankers of America (ICBA) recently added Sherry Larson to its executive staff as the association’s vice president of financial analysis and budget. Larson is responsible for the preparation, review and ongoing analysis of all financial information affecting ICBA and its subsidiaries.
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