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General

Top 5 Matters Keeping Business Owners Up at Night and How ATA Can Help 

 

By Rick Schreiber, CPA,CVGA, CGMA, M&AP | Advisory Practice Leader 

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Running a business today is more complex than ever. From economic uncertainty to talent shortages, business owners are navigating a minefield of challenges. In our recent client survey, many of you shared that you weren’t aware of all the ways ATA can support your business, and that you’re looking for more proactive advice. This article is designed to highlight some of the most common challenges we hear, and how ATA and its growing advisory services is helping clients navigate them. 

  1. Financial Stress & Cash Flow Uncertainty

The Worry:
Business owners are constantly juggling cash flow, trying to make payroll, cover rising costs, and still turn a profit. Inflation, interest rate hikes, and supply chain disruptions have only added to the pressure. Many are unsure whether they’re pricing correctly, overstaffed, or missing opportunities to improve margins. The stress of not knowing if they’ll have enough cash next month or next quarter can be paralyzing. Without clear financial visibility, even strong businesses can feel like they’re flying blind. 

Our Suggested Solutions: 

  • Fractional CFO services to improve forecasting and cash flow discipline 
  • Cost and margin optimization to uncover savings and improve profitability 
  • Strategic planning to diversify revenue and reduce financial risk 
  1. Growing Revenue in a Crowded Market

The Worry:
Owners are feeling squeezed. Competitors are slashing prices, customers are more demanding, and digital disruption is changing how people buy. Many businesses are stuck in a cycle of flat growth, unsure how to break through. They may be relying too heavily on a few key clients or outdated sales tactics. The fear of stagnation or worse, decline is real. Without a clear growth strategy, even the best-run companies can lose ground.  

Our Suggested Solutions: 

  • Growth advisory to identify new markets, products, or pricing strategies 
  • Digital advisory to enhance online presence and customer experience 
  • Sales process and CRM optimization to improve conversion and retention
  1. Attracting and Retaining Talent

 The Worry:
The labor market has shifted and many business owners are struggling to keep up. Younger workers want more than a paycheck; they want purpose, flexibility, and growth. Meanwhile, experienced employees are being poached by competitors offering better benefits or remote options. Owners worry about losing institutional knowledge, training new hires, and maintaining morale. They know that without the right people, growth stalls, and culture suffers.  

Our Suggested Solutions: 

  • HR advisory to improve recruitment, onboarding, and retention 
  • Compensation, benefits, and retirement plan design to attract and retain top talent 
  • Culture and engagement assessments to strengthen morale and loyalty
  1. Regulatory Complexity & Compliance Risk

 The Worry:
From shifting tax codes to evolving labor laws and cybersecurity regulations, the compliance landscape is a moving target. Business owners worry about missing something critical, like a new reporting requirement or a data privacy rule that could lead to fines, audits, or reputational damage. Many don’t have the time or expertise to keep up, and they fear that one misstep could undo years of hard work. 

Our Suggested Solutions: 

  • Regulatory compliance reviews and risk assessments 
  • Internal audit and controls advisory 
  • Tax advisory to navigate evolving federal and state rules 
  1. Technology Disruption & Cybersecurity Threats

The Worry:
Technology is advancing faster than most businesses can adapt. Owners know they need to modernize but fear the cost, complexity, and potential for cyberattacks. They’re unsure which tools are worth the investment, how to train their teams, or how to protect sensitive data. The fear of a ransomware attack or system failure keeps many up at night. And without a clear digital strategy, they risk falling behind competitors who are already embracing automation and AI. 

Our Suggested Solutions: 

  • Digital transformation and automation advisory tailored to small and mid-sized businesses 
  • Cybersecurity readiness assessments and employee training 
  • Strategic tech planning to reduce complexity and future-proof operations

Closing Thought 

At ATA, our goal isn’t just to solve problems, it’s to be the partner who helps you seize opportunities, build resilience, and move forward with confidence, so you can sleep better at night. Let’s start the conversation today. 

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General

Why a 401(k) is Better Than a SIMPLE IRA

By Gabrielle Lorbiecki, CPA, CPC, QKC, QPA, QKA | Employee Benefit Plan Practice Leader 

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When business owners evaluate retirement plan options, two common choices are the 401(k) and the SIMPLE IRA (Savings Incentive Match Plan for Employees). While the SIMPLE IRA is often appealing for very small businesses due to its simplicity, the 401(k) generally provides more flexibility, higher contribution limits, and stronger long-term benefits for both employers and employees.

Below, we’ll break down why a 401(k) is typically the superior choice, including contribution maximums, employer flexibility, and important deadlines for converting a SIMPLE IRA into a 401(k).

Key Advantages of a 401(k) Over a SIMPLE IRA

  1. Higher Contribution Limits

A primary advantage of a 401(k) is the much higher contribution ceiling. Employees can defer significantly more of their salary, and employers can make discretionary contributions up to the annual IRS limits.

Plan Type (2025) Employee Deferral Limit Catch-Up (Age 50+) Employer Contribution  
401(k) $23,500 $7,500 Up to 25% of current IRS compensation limit
SIMPLE IRA $16,500 $3,500 Mandatory match (3%) or 2% nonelective
  1. Plan Design Options

401(k) plans can include:

  • Loans to participants.
  • Safe harbor provisions to simplify compliance.
  • Profit-sharing contributions that can be allocated strategically to owners or key employees.

SIMPLE IRAs, by design, lack these customization options. In addition, 401(k) plans may be designed to meet your company’s specific goals and can be updated as your business grows and changes over time.

  1. Better Long-Term Retirement Accumulation

Because of the higher contribution limits and employer discretion, 401(k) participants can build wealth faster than those in SIMPLE IRAs. This makes the 401(k) particularly advantageous for business owners seeking to maximize their own retirement savings.

Deadlines to Convert from a SIMPLE IRA to a 401(k)

If your business already has a SIMPLE IRA and you’d like to switch to a 401(k) effective January 1, 2026, employers must notify employees of any changes by November 2, 2025.

Schedule a Consultation

While a SIMPLE IRA may be suitable for very small or new businesses, the 401(k) offers greater savings potential, plan flexibility, and strategic advantages for business owners and employees alike. With higher contribution limits and advanced plan features designed to meet your company’s goals, a 401(k) is often the better long-term choice.

For businesses currently using a SIMPLE IRA, careful planning around the November 2 conversion deadline ensures a smooth transition to the more powerful 401(k) platform.

Ready to explore whether a 401(k) is right for your business? Contact our team today to review your retirement plan options and map out the best strategy for your company’s future.

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General

New Tip and Overtime Reporting Rules for Employers under OBBBA

What Employers Need to Know for Tax Years 2025 through 2028 

By Charles Peery, CPA | Business Tax Practice Leader

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The One Big Beautiful Bill Act (OBBBA) introduces new federal reporting rules for businesses that employ tipped workers or overtime eligible staff. Effective for tax years 2025 through 2028, these changes emphasize wage transparency without drastically altering enforcement or eligibility rules. Instead, employers are expected to meet new documentation standards, especially for tip income and overtime premium pay. This article outlines the key provisions and best practices to help your business stay compliant and prepared. 

 

  1. Annual Tip Reporting Requirements

The OBBBA enhances annual wage reporting required for tipped employees but does not mandate real time or per pay period submissions. 

Key changes include: 

  • Employers must report the total qualified tips received by each employee on Form W-2, along with their qualifying occupation. 
  • Qualified tip income includes cash tips, credit card tips, and pooled tips that are voluntary and customary. 
  • Mandatory gratuities and service charges are not included. 
  • The existing rule that employees must report all tips to employers by the tenth of the following month remains in place. 
  • No changes were made to existing federal rules on tip pooling. 
  • A new deduction allows employees to exclude up to 25,000 dollars of qualified tip income annually. The deduction begins to phaseout once modified adjusted gross income exceeds 150,000 dollars for single filers and 300,000 dollars for joint filers. 
  • Workers may claim the deduction regardless of whether they itemize deductions or claim the standard deduction.  

Strategic takeaway: Ensure your payroll system supports detailed end of year tip tracking and that your employees understand their responsibilities. 

  1. Best Practices for Verifying Tip Income
  • Keep detailed records: Encourage employees to log tips daily and keep employer copies of all reports for at least four years after the tax deadline. 
  • Participate in IRS tip agreements: Consider agreements such as TRDA, TRAC, or GITCA for added compliance support. 
  • Train employees: Provide training on tip policies and include written guidance in your employee handbook. 
  • Use technology: Electronic tracking tools can help automate reporting and provide tax summaries for employees. 

 

  1. Overtime Reporting for a New Deduction

Although the OBBBA does not change who qualifies for overtime under federal law, it does introduce a new deduction for the premium portion of qualified overtime pay. 

Key provisions include: 

  • Only the additional half time pay required by federal law qualifies. 
  • State mandated or contract-based overtime does not qualify. 
  • Employers must report qualified overtime premium pay separately on Form W-2. 
  • Employees can deduct up to $12,500 individually or $25,000 jointly. The deduction phases out for single filers with MAGI over $150,000 and joint filers with MAGI over $300,000. 
  • The overtime deduction is available to both itemizers and nonitemizers.   
  • No additional enforcement, attestation, or documentation mandates have been introduced. 

Strategic takeaway: Your payroll system must be able to isolate and report the qualifying overtime premium amounts accurately. 

  1. Best Practices for Overtime Pay Documentation
  • Implement reliable time tracking: Use time clocks or software that accurately captures hours, breaks, and overtime. 
  • Separate overtime premium pay: Payroll systems should be configured to track the extra half time pay separately for reporting. 
  • Retain supporting documents: Maintain records of timecards, payroll reports, and communication regarding compliance. Assign responsibilities clearly between departments to improve oversight. 
  1. IRS Compliance and Internal Controls

Participating in IRS tip programs like TRDA, TRAC, or GITCA can reduce audit risk and help demonstrate good faith compliance. Employers in these programs are required to submit annual reports on tip income and hours worked. 

Strategic takeaway: Establish strong internal controls and update your policies and procedures to align with OBBBA standards. 

Schedule a Consultation 

Now is the time to assess your payroll systems and reporting practices. Schedule a consultation with your ATA advisor to prepare for the 2025 reporting season and reduce the risk of penalties. Our team can help you stay compliant and confident under the new law. 

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General

Why a Mid-Year Check-In with Your Accountant Matters

By Mark Puckett , CPA | Tax Principal 

The halfway point of the year isn’t just a time to reflect, it’s a smart opportunity to reset. A mid-year check-in with your accountant helps you evaluate progress, respond to changes, and strategically plan for what’s ahead. Whether you’re an individual, a business owner, or a nonprofit leader, this proactive step can prevent surprises and position you for a strong year-end finish. 

Get Ahead of Potential Issues 

Waiting until year-end to discover financial gaps or tax surprises can leave you with limited options. Meeting with your accountant now gives you time to address concerns while there’s still room to act. Common topics include tax estimates, income or deduction changes, cash flow shifts, and budget variances. Catching these early allows for more flexibility and peace of mind heading into Q4. 

Make the Most of Tax Strategies 

Tax laws continue to evolve, and the earlier you plan, the better your chances of maximizing savings. Your accountant  can help you assess the potential impact of new tax law changes on your specific situation. By working together to discuss your ongoing plans, you have a much better opportunity to take advantage of the tax laws. With half the year behind you, projections based on real numbers make your decisions smarter and more impactful. 

Check In on Business Health 

For business owners, a mid-year financial review is essential. Your accountant can analyze your year-to-date numbers, compare them to forecasts, and evaluate performance indicators such as margins, expenses, and cash flow. These insights can guide decisions around pricing, hiring, capital purchases, and goal setting for the remainder of the year. 

Stay Aligned and Compliant 

This check-in also ensures you’re staying on top of compliance, whether it’s sales tax filings, payroll reports, or estimated payments. Nonprofits can use this time to review grant tracking, audit readiness, and mission alignment. Individuals may want to discuss life events like a marriage, new child, or property purchase that could affect their tax picture.  

Be Proactive 

A mid-year conversation with your accountant is more than a check-in, it’s a strategic move to stay informed, adaptable, and confident. Don’t wait for year-end stress. Reach out to your ATA advisor today and make sure you’re on track to finish the year strong. 

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General

Creating a Meaningful Employee Benefits Package for Your Team

By Gabrielle Lorbiecki, CPA, CPC, QKC, QPA, QKA 

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The Top Line 

In today’s competitive job market, a strong employee benefits package is essential for attracting and retaining top talent. While salary plays a critical role, benefits significantly influence employee satisfaction, engagement, and long-term loyalty. 

Developing an effective benefits plan is not a one size fits all process. It requires a thoughtful approach that reflects both the needs of your workforce and the goals of your business. Below are key strategies to help you create a benefits package that delivers real value for your team. 

 

  1. Understand Your Workforce

What it means for your business:
Start by learning what matters most to your employees. A younger team may value student loan repayment or flexible work schedules. More experienced employees might prioritize health insurance, retirement savings, or long-term care support. 

Strategic takeaway:
Use surveys or focus groups to tailor your offerings. Personalizing benefits to your team’s needs improves participation and ensures your investment is going where it matters most. 

 

  1. Align Benefits with Business Goals

What it means for your business:
Your benefits strategy should support your company’s long-term vision. For example, if employee retention is a challenge, consider incentives like profit sharing or enhanced retirement contributions. If you are focused on boosting productivity, wellness programs or mental health services can make a measurable difference. 

Strategic takeaway:
Choose benefits that reinforce your culture and support your workforce strategy. 

 

  1. Balance Cost and Value

What it means for your business:
Benefits are a major investment. Compare plan options and providers carefully to strike the right balance between cost and quality. For example, pairing a high deductible health plan with a Health Savings Account can reduce costs while still offering valuable coverage. 

Strategic takeaway:
Use data and employee feedback to invest in benefits that deliver both value and sustainability. 

 

  1. Comply with Legal Requirements

What it means for your business:
Federal and state regulations govern many aspects of employee benefits. Rules from the Affordable Care Act, ERISA, FMLA, and others must be followed to avoid fines and legal complications. 

Strategic takeaway:
Work with an HR advisor or benefits consultant to ensure your offerings meet all legal standards. Staying compliant protects your business and builds employee trust. 

 

  1. Communicate Clearly and Consistently

What it means for your business:
Even the most robust benefits package has little impact if employees do not understand how to use it. Clear communication improves participation and helps employees recognize the true value of their benefits. 

Strategic takeaway:
Use handbooks, info sessions, and digital portals to ensure employees stay informed and engaged year round. 

 

  1. Plan for Future Growth

What it means for your business:
As your business grows, your benefits should evolve with it. Choose providers and platforms that are built to scale and can accommodate additional offerings as your needs expand. 

Strategic takeaway:
Build flexibility into your benefits structure so you can adapt without disruption. 

 

  1. Review and Update Regularly

What it means for your business:
Employee expectations and market standards shift over time. Regular reviews help you stay current and competitive. 

Strategic takeaway:
Reevaluate your plan annually. Gather employee feedback, benchmark against peers, and adjust offerings to maintain relevance and compliance. 

 

Schedule a Consultation 

Navigating retirement plan compliance is complex. Whether you need support with annual filings like Form 5500, plan testing, or simply want expert guidance, Gabrielle Lorbiecki is here to help. 

Gabrielle specializes in retirement plan consulting and ensures that businesses remain compliant with Department of Labor and IRS regulations. 

Contact Gabrielle today to schedule a personalized consultation and set your retirement plan on the path to long-term success. 

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General Helpful Articles

AI Hype vs. Risk: What Every Business Should Know 

By Jon Joyner, Cybersecurity Practice Leader

The Top Line

If the first two months of the year are any indication, 2025 is shaping up to be the year of Artificial Intelligence (AI). AI is revolutionizing industries by enhancing efficiency, streamlining operations, and enabling data-driven decision-making. However, as businesses increasingly integrate AI into their operations, they also expose themselves to significant risks, including data breaches, regulatory violations, and reputational damage.

Without proper safeguards, AI can become more of a liability than an asset. This is why having a robust IT security strategy is essential. This article explores the key risks AI presents to businesses and the steps organizations can take to mitigate them.

Breaking It Down – The Growing Risks of AI in Business
  1. Data Breaches and Privacy Concerns

AI systems rely on vast amounts of data to function effectively. If not properly secured, sensitive information—such as customer records, financial details, or proprietary business insights—can be exposed to hackers. A single breach can result in financial losses and erode customer trust.

Just as AI can optimize business operations, bad actors can also use AI to enhance their attacks. Your systems need to be on high alert to counter these evolving threats.

  1. Cybersecurity Vulnerabilities

AI-powered automation can be exploited by cybercriminals if not adequately protected. Attackers may leverage AI to launch sophisticated phishing scams, deepfake frauds, or automated hacking attempts. As AI becomes more integrated into business processes, companies must strengthen their cybersecurity defenses to stay ahead of emerging threats.

  1. Bias and Compliance Issues

AI models can inadvertently reflect biases present in training data, leading to discriminatory outcomes that may result in regulatory penalties or lawsuits. Businesses must ensure their AI systems adhere to ethical and legal standards, which require continuous monitoring and adjustments.

AI will also impact administrative controls such as Acceptable Use or Mobile Device policies. Many organizations are unaware that AI is subject to lawsuits, data retention policies, eDiscovery, and insurance claims. AI platforms should be governed and controlled much like email and file systems.

  1. AI-Powered Fraud

Criminals are leveraging AI to commit fraud at an unprecedented scale. From AI-generated phishing emails to automated financial fraud, businesses must prepare to defend against threats that are becoming more sophisticated by the day.

Social engineering threats are particularly concerning. Imagine a scenario where a bad actor creates an AI-generated video impersonating someone, using it to extort or manipulate their target. These threats highlight the urgent need for businesses to implement AI-specific security measures.

  1. Operational Risks and AI Malfunctions

AI-driven automation can fail if models are not properly trained or updated. Incorrect predictions, data errors, or AI system malfunctions can disrupt operations, leading to downtime and financial setbacks. Businesses must ensure their AI is reliable, continuously monitored, and updated to maintain accuracy and efficiency.

Much like technical and security controls, having the right personnel with the necessary skill set, knowledge, and experience is crucial to maximizing the effectiveness and security of AI platforms.

Does Your Business Face These Risks?

If any of these concerns sound familiar, your business may be at risk. Ask yourself:

  • Are you handling large volumes of sensitive customer data?
  • Do you rely on AI for automation, decision-making, or fraud detection?
  • Have you experienced cybersecurity threats or compliance challenges in the past?

If you answered yes to any of these, it may be time to consider a risk assessment. Our introductory risk assessment will help you gain a clearer understanding of the true risks AI poses to your business.

What This Means for You

AI is a powerful tool, but without the right security measures, it can expose businesses to significant risks. Companies that fail to address AI vulnerabilities may face financial losses, reputational damage, and regulatory scrutiny.

Don’t wait for an incident to take action—proactively managing AI risk ensures business continuity, security, and compliance.

If you are interested in learning how ATA can help manage your AI risk, schedule a 30 minute complimentary consultation with me by filling out our contact form

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General

U.S. Exits Global Minimum Tax Plan

In an executive order, President Donald Trump declared that a global corporate minimum tax plan “has no force or effect” in the United States. This effectively pulls the U.S. out of the Organization for Economic Co-operation and Development (OECD) global tax proposal negotiated with nearly 140 countries by the Biden administration in 2021. Republicans on the House Ways and Means Committee have introduced a bill, the Defending American Jobs and Investment Act, that would officially end U.S. involvement in the tax arrangement. The bill would also create a reciprocal tax that would target foreign countries that assess unfair taxes on American companies under the OECD’s global minimum tax.
Stay informed on how these developments could impact global tax policies and American businesses. ATA is here to help you navigate these changes. Contact us for more information.
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Financial Institutions and Banking General

Bank Wire: Cybersecurity Testing is More Important than Ever

Rapidly increasing cyber risks make it essential for banks to conduct regular tests of their cybersecurity preparedness, including vulnerability and penetration testing. According to IBM’s “Cost of a Data Breach Report 2024,” the average breach cost $6.08 million in the financial industry (defined as banking, insurance and investment companies). That’s second only to health care. To help prevent cyberattacks, banks must develop effective information security programs and test them regularly to ensure that they’re operating as expected.

According to the Federal Financial Institutions Examination Council’s (FFIEC’s) Information Technology Examination Handbook, the primary testing tools include self-assessments, penetration tests, vulnerability assessments and audits. Penetration testing is particularly important, given the speed with which hackers’ techniques are evolving. It involves subjecting a system to real-world attacks selected and conducted by the testers to identify weaknesses in business processes and technical controls.

FFIEC to retire Cybersecurity Assessment Tool

The FFIEC will “sunset” its Cybersecurity Assessment Tool (CAT) at the end of August 2025. First made available nearly 10 years ago, the CAT is a voluntary tool banks can use to identify their cybersecurity risks and determine their preparedness. The FFIEC notes that while “fundamental security controls addressed throughout the maturity levels of the CAT are sound, several new and updated government and industry resources are available that financial institutions can leverage to better manage cybersecurity risks.”

Government resources include:

  • The National Institute of Standards and Technology (NIST) Cybersecurity Framework 2.0 (go to nist.govand search for cyber framework), and
  • The Cybersecurity and Infrastructure Security Agency’s (CISA) Cybersecurity Performance Goals (go to cisa.gov and search for cybersecurity performance goals).

Industry resources include:

and search for “the profile,”) and

  • The Center for Internet Security Critical Security Controls (go to cisecurity.org and search for controls.)

The FFIEC doesn’t endorse any particular tool, but says that these standardized tools can assist banks in their self-assessment activities.

CFPB targeting improper overdraft opt-in practices

In a recent Consumer Financial Protection Circular (2024-05), the Consumer Financial Protection Bureau (CFPB) explained how to tell if a bank is violating the Electronic Fund Transfer Act and Regulation E. A violation may happen if the bank lacks proof that it has obtained consumers’ affirmative consent before levying overdraft fees for ATM and one-time debit card transactions.

Regulation E’s overdraft provisions establish an “opt-in” regime. The CFPB clarifies that banks are prohibited from charging such fees unless consumers affirmatively consent to enrollment. The form of records that demonstrate consent may vary depending on which channel the consumer uses to opt in to covered overdraft services.

© 2024

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Financial Institutions and Banking General

Assessing Asset Concentration: Maintain the Right Balance

One advantage of community banks is the business relationships they’re typically able to develop within their local communities. This includes providing loans to local industries and businesses that may have a strong impact on the bank’s profitability — for better or worse. Asset concentration in local industries can be a strength. However, it’s important to manage those assets carefully to avoid the downsides, including the risk of heavy concentration in an industry that’s losing ground.

Determine the risks and rewards

Asset concentrations increase a bank’s risk by exposing it to potential losses. For example, banks with concentrated assets are vulnerable to significant losses in the event of a local industry or economic downturn. But that doesn’t mean that banks should avoid such concentrations at all costs. On the contrary, asset concentrations enable banks to better serve their communities by taking advantage of local industry expertise and market knowledge. So, you should weigh the risks against the benefits — and implement measures to mitigate potential risks.

First, evaluate your credit risk management policies, keeping in mind that asset concentration risks are felt well beyond the area of concentration. Suppose a bank has a heavy concentration of loans to businesses in a particular industry. A downturn in that sector could make it harder for businesses in the industry to repay their commercial loans and for individuals who work in the industry to repay their auto loans or mortgages.

So, it’s critical to consider the impact of asset concentrations on your entire loan portfolio and to implement policies to address the elevated risk. Such policies might include tightening underwriting standards, placing caps on asset concentrations, conducting global cash-flow analyses, performing stress tests and monitoring loans carefully.

Also ensure that your bank’s level of capital and reserves is commensurate with its concentration risk and aligns with the bank’s strategic plan. If your bank has a significant loan concentration in a particular industry, market or loan type, consider the relationships among these loans when evaluating the sufficiency of your capital and determining an appropriate allowance for loan and lease losses (ALLL).

Use diversification strategies wisely

In addition, take a judicious approach to diversification. An obvious solution to a risky asset concentration is to diversify. But diversification presents its own risks, so handle the process carefully. For example, a bank with a heavy concentration of loans in an industry or geographic territory might diversify by making loans to businesses in other industries or territories. But doing so might require the bank to venture out of its comfort zone into areas where it doesn’t possess the same level of knowledge and expertise.

Look for ways to diversify within a particular industry. For example, a bank with a high concentration of agricultural loans should consider lending to both crop producers, such as corn or soybean farmers, and livestock producers. This can mitigate the bank’s risk because economic and other external forces that hurt one industry segment may help the other. A decline in crop prices, for instance, would harm crop producers but it would benefit livestock producers by reducing their feed costs.

Another diversification strategy is to increase the size of your bank’s securities portfolio. Doing so instantly shrinks the bank’s loan-to-asset ratio. (A high ratio is often a red flag.) But keep in mind that investing in securities poses problems of its own and may divert capital away from the community the bank serves.

Stay on top of the local economy

A superficial understanding of the industries in which your customers operate may lead to bad decisions. Your bank’s lending officers need to be conversant with the many factors involved in the local business environment in order to analyze, and react to, its fluctuating risks and rewards.

Categories
General

Estate Planning Q&A: Guardianship

If you’re the parent of a newborn, toddler or older child, you may be thinking about naming a guardian for him or her. This can be a difficult decision, especially if you have many choices or, on the other hand, no one you can trust. The following are answers to common questions about guardianship:

Q. How do I choose a guardian for my child?

A. In most cases involving a single parent or a paren ting couple, you designate the guardian in a legally valid will. This means the guardian will raise your child if you (or you and your partner) should die unexpectedly. A similar provision may address incapacitation issues. Choose the best person for the job and designate an alternate in case your first choice can’t fulfill the duties. Parents frequently name a married couple who are relatives or close friends. If you take this approach, ensure both spouses have legal authority to act on the child’s behalf. Also, select someone who has the necessary time and resources for this immense responsibility. Although it’s usually not recommended, you can name different guardians for different children. In addition, consider the living arrangements and the geographic area where your child would reside if the guardian assumed legal responsibilities. Do you really want to uproot your child and send him or her to live somewhere far away from familiar surroundings?

Q. Do I have to justify my decision?

A. No. However, it can’t hurt — and it could help — to prepare a letter of explanation for the benefit of any judge presiding over a guardianship matter for your family. The letter can provide insights into your choice of guardian. Notably, the judge will apply a standard based on the child’s “best interests,” so you should explain why the guardian you’ve named is the optimal choice. Focus on aspects such as the child’s preferences, who can best meet the child’s needs, the moral and ethical character of the potential guardian, and the guardian’s relationship to the child.

Whether you’re naming a guardian for a child in your will or you’re attempting to become a guardian yourself, you must adhere to the legal principles under state and local law. Fortunately, we can provide any necessary guidance. © 2025