Business Law Basics and Lender Liability
Monday, May 2, 2022, 8:00 – 9:30 a.m.
This webinar will provide you with a basic framework of Business Law
including the judicial process. Emphasis will be placed on how the legal system can help or harm you including how to avoid a lawsuit due to lender liability through maintaining both “ethical” behavior and effective “negotiations.” A review of the “stages of litigation,” alternatives tolitigation including “arbitration” and “mediation,” and the borrower’s business structure (from a legal perspective), will be displayed. The seminar will also cover the nature and characteristics of “contracts” (the promissory note), “problem loan” situations, and “collection” efforts. Additionally, “banking regulations” and “tort reform” will be discussed. This seminar will also cover the concept of Lender Liability
including recent industry trends. This portion of the seminar will address some of the “technical aspects” of this often-overlooked subject. This seminar is a must for all who want to better understand business law basics and avoid expensive, unwanted litigation!
- The Difference between Law and Ethics and Why It Matters from a Lender Liability Standpoint
- Negotiations and the Law
- The Judicial Process including the Stages of Litigation
- Alternatives to Litigation including Arbitration and Mediation
- The Borrower’s Business Structure and the Law
- The Nature and Characteristics of Contracts (The Promissory Note)
- Problem Loan Situations (What Happens when a “Good” Loan Turns “Bad”)
- Collections (How Hard Can You Push?)
- Overview of Banking Regulations
- Other Business Law Issues including Tort Reform and Its Impact on the Borrower
- Lender Liability and Recent Industry Trends
- Technical Aspects of Lender Liability
Commercial lenders, relationship managers, business development officers, private bankers, branch managers, credit analysts, and loan documentation specialists.
Loan Structure Documentation and Compliance Training: A Comprehensive Approach
Monday, May 9, 2022, 8:00 – 9:30 a.m.
Attend this proactive
webinar and receive a thorough overview of commercial lending requirements
from a “loan” structure
, and compliance
perspective. Basic “business” structure will be presented along with loan “structure” and loan “support.” Additionally, “commercial” lending issues relative to loan documentation
will be reviewed. “Loan pricing” and “monitoring” will also be covered along with a review of current compliance
issues. The webinar will be summarized through a comprehensive case study
- Review Basic “Business” Structure: C Corporations to LLC’s
- Explore the Six (6) Elements of Loan Structure: Loan Purpose, Sources of Repayment, Adequate Amount, Appropriate Term, Adequate Support, Framework for Monitoring
- Summarize the Four (4) Elements of Loan Support: Collateral, Guaranties, Business Loan Agreements, Subordination Agreements
- Highlight “commercial” Loan Documentation issues including promissory notes, security agreements, and guaranties along with the use of the BSA Loan Rating, Collateral Rating, and C&I Borrower Rating Matrixes
- Discuss Loan Pricing and Monitoring Issues
- Review current compliance issues: Equal Credit Opportunity Act (Reg B), Bank Secrecy Act (BSA), Fair Credit Reporting Act (FCRA), Fair Debt Collection Practices Act, and UCC Article
- Analyze comprehensive Loan Structure/Documentation/Compliance Case Study
Commercial lenders, credit analysts, loan documentation specialists, relationship managers, branch managers, private bankers, and business development officers.
Problem Loan Workouts in Today’s Market
Monday, May 16, 2022, 8:00 – 9:30 a.m.
Attend this webinar to learn how to better manage “problem loans” and protect the rights of the bank in today’s market! The webinar will begin with a review of the basics of how a commercial loan request “should be” processed in order to avoid a problem loan. This will include a brief review of “correct” business structure, the six (6) elements of proper loan structure, and the four (4) aspects of adequate loan support. The webinar will then focus on what happens when a “good” loan turns into a “bad” loan i.e. the market has now turned down, tenants have left, and the payments are severely delinquent. What should the bank do and not do at this point in time
? This section will address the “legal rights” of the bank and the “practical steps” that the bank should take in order to protect itself. The practical steps will include the collection process
, restructuring the loan
, and/or proceeding against the borrower through repossession
, filing a lawsuit
to obtain a judgment, forcing the borrower into bankruptcy
or simply “walking away.” This section will also include the “outside” influence from the banking regulators. The webinar concepts will be summarized through a series of mini-case studies.
- Review the management of problem loans
- Process a commercial loan “correctly” including business structure, loan structure, and loan support
- Face the reality that some loans go bad!
- Determine the bank’s strategy in protecting itself-collections, restructuring the loan, repossession, foreclosure, filing a lawsuit to obtain a judgment, forcing the borrower into bankruptcy or walking away
- Assess “outside” influence by the banking regulators
- Apply the concepts through case studies
Commercial lenders, credit analysts, credit administrators, relationship managers, business development officers, branch managers.
David L. Osburn, Osburn & Associates, LLC
David L. Osburn, MBA, CCRA, is the founder of Osburn & Associates, LLC, a Business Training & Contract CFO Firm that provides seminars, webinars, and keynote speeches for bankers, CPAs, credit managers, attorneys, and business owners. His extensive professional background of over 30 years includes 20 years as a Business Trainer/ Contract CFO and 16 years as a bank commercial lender including the position of Vice President/Senior Banking Officer. Mr. Osburn has also been an adjunct college professor for over 30 years including College of Southern Nevada.
Register for the entire 3-part series and $ave or pick and choose the session(s) that best meet your personal and professional learning objectives.
||Individual Session (s) Additional Location(s)
|IBC Education Program Member
|IBC Education Program Member Live and Recording
|IBC Member Live and Recording
|IBC Non Member
|IBC Non Member Live and Recording
Registration fee is per connection/person. The webinar will be conducted via
GoToWebinar. You will receive connection information prior to the program. Registration deadline is one week prior to the offering. Cancellation Policy:
Written cancellation (email acceptable) must be received on or before Friday, April 22, 2022, and will be subject to a $150 cancellation fee. NO refunds will be granted after Friday, April 22, 2022; however, a substitute may attend. IBC reserves the right to cancel any program for which there is insufficient funds to cover the expense of the program. In the event of cancellation by IBC registration fees will be refunded.