Community Banking Excellence - First Quarter 2013

In This Issue:

- Conversation with a Community Banking Professional: Ginger Salt of First Community Bank

- Are You Using Your Holding Company?

- Shifting Winds? Two N.C. Courts Uphold Fiduciary Duty Claims Against Banks

- Participations, Assignments, Intercreditor Agreements and Syndications: These Terms Are Not Synonymous

- Editor's Notes

..CFPB Loses in United States Supreme Court

..Symposium on the Future of Community Banking May 1, 2013

- Excerpt from Are You Using Your Holding Company?

Many banks formed holding companies in the late 1980s and 1990s. They had various reasons for doing this. Some formed a holding company to hold subsidiaries providing nonbank activities. Some used the holding company to reduce state taxes in states where banks are taxed differently. Some were acquisitive, and holding companies gave them more options in acquiring banks. Some thought the holding company would help improve the marketability of the stock. Some intentionally submitted to regulation by the SEC, hoping that it would help with a new stock sale or marketability of current stock. Most community banks we talk with that have holding companies can barely remember why they formed them....

Please see full newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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