Tuesday, June 20, 2006
Congratulations. Hurricanes!!! Stanley Cup Winners! Headlines--- Correction: Steve Dinkelaker ######## surrounding the article denotes it is a “press release”
---------------------------------------------------------------- Correction: Steve Dinkelaker In the article, White Paper on Equipment Leasing Insurance, we apologize for misspelling the president of American Lease Insurance name; twice. Steve Dinkelaker, President It also should be noted that Mr. James C. Donnelly, Jr., is an attorney and partner in Mirick,O'Connel Law Firm: http://www.mirickoconnell.com/popups/emps.php?id=37 The article itself was found on the American Lease Insurance web site in the follow-up to a press release about American Lease Insurance and International Decision Systems. We were not aware Mr. Donnelly, Jr., was an attorney, as it was not noted. We also again apologize for the misspelling of Steve Dinkelaker's name. Let me take the opportunity to print a paragraph from Mr. Dinkelaker's and Mr. Donnelly, Jr's., article, plus add some other comments that lessors should be discussing as soon as possible with your legal counsel (plus brokers and discounters should also be aware as they may be next in these class action suits): “Lease insurance programs can be effectively structured to achieve all of the appropriate goals without undue risk by taking protective measures that mainly consist of adhering to professional standards. Safe and effective lease insurance programs demand the following elements: (1) a professionally designed program that provides the appropriate insurance protection using the appropriate forms; (2) a well drafted lease insurance clause that carefully and clearly spells out the lessee's obligations with appropriate disclosures to protect the interests of the lessor; (3) administrative support and services that include tracking lessees' compliance, procuring the required coverage, billing, accounting, and mailing; and (4) an overall structure that avoids the risks of Class Action lawsuits.” White Paper, June 12, 2006 (from their web site) http://www.leasingnews.org/docs/ALI_Guide.doc Other items to discuss : Transfer of lease issues regarding “title,” as many states may treat the “discount” as a “sales” and impose sales tax (it is happening in California, such as with Pacifica Capital and Bette Kerhoulas.) Late Charges: Many states are now treating lessees as “consumers” and the fee for late charges may come under that statute, plus changes in commercial statutes. Barry Dubin of White, Cooper, and White years ago told us to put in a “bookkeeping dollar” fee, include other information on collection to justify what we were charging in California. It was also helpful on $125 dollar lease payments where $12.50 doesn't cover the administrative time, bookkeeping records, plus the extra effort in getting the lessee to pay the late charge. (In California, the courts don't allow you to sue or include your late charges in money owed---that's my personal experience, and many business owners know that, too, even in small claims court, as they have tried to collect late charges from their own customers.) Personal Property Tax : If you are using your “factor or percentage from the county bill, or including a “fee,” meaning what you are sending the client is different than what the county is charging you as owner of the “equipment,” you better spell out the reasons why in your contract or an accompanying document your lessee signs that acknowledges your “tax administrative fee.” Remember if you are using a service or software in billing, it is very easy for any legal authorities to obtain the information from your service, or even from your own accounting records. Randy Brook of the FTC can personally find his way around in the Lease Plus program, he told me as one of the reasons he wanted to see the IFC Credit Corporation accounting of NorVergence leases. UCC fees : You better justify the costs in your contract or in documentation your client signs, if you are charging more than your out of pocket costs. Documentation fees : Many states, including California, now charge sales/use tax on all items included in the original transaction, unless you make the charge a separate item, on a separate bill, and then it is not subject ( in most states) to this tax. You may also want to consider spelling out what the document fees are for, which is now more common in the real estate and mortgage industry to once what was known as “garbage fees.” And if your salesman gets a split in commission for obtain a higher documentation fee, you better talk this over with your legal counsel. So-called “Hell and High water clauses.” http://www.leasingnews.org/Conscious-Top%20Stories/Novergence_154.htm Is your 2-A clause correct and up-to-date, and in what state? Evergreen clauses : More states are making it illegal to continue the lease without notifying the lessee in advance. Don't tell me you are not doing this, as Leasing News has complaints from lessees that the practice is still prevalent, especially in California. And last, but not least , are you licensed in the state where the lessee is headquartered, and perhaps where the equipment is located (personal property tax and sales tax make you the owner in the state where the equipment is located.)? To those funders who still insist in conducting business with a leasing company or broker that is not licensed, your day will come when you regret this easy decision to make and enforce. The leasing associations have been trying to bring everyone up-to-date, especially the Equipment Leasing Association with its current information on legal matters, the National Association of Equipment Leasing Brokers has had an active legal counsel for years, and the United Association of Equipment Leasing has had an active legal group for years at their conferences, and in fact, elected their second attorney as president of their association: Victor Harris, Esq. White Paper on Equipment Leasing Insurance (article) http://www.leasingnews.org/#paper Previous Story: http://www.leasingnews.org/#fee US Bancorp gets Class Action Suit, California http://www.leasingnews.org/archives/June%202006/06-09-06.htm#bancorp Please don't forget the: ELA Web Seminar on Fraud(open to non-members) Tuesday, June 20, 2006 ---------------------------------------------------------------- Classified Ads---Sales Manager
Table Mountain Vineyards, above Huntley, Wyoming * Atlanta, GA Chicago, IL Chicago, IL Geneva, IL Marlton, NJ New York, NY Pennsauken, NJ Portland, OR For a full listing of all “job wanted” ads, please go to: To place a free “job wanted” ad, please go to: * “Established in 2001, the Zimmerer family has expanded its vineyard operation to 8,000 cold-hardy wine grapes. The grapes are tolerant to the extreme growing conditions Wyoming dishes out. From extreme cold, bitter winters to hot and dry summers, the vines have taken root in Wyoming. Cowboy Reserve “This is our first wine made out of grapes grown right here in Wyoming! This is a light bodied red table wine hand made from Foche grapes. With smoky aromas and an earthy taste, it goes perfect with Wyoming beef. It is best enjoyed with good friends & family!” www.tablemountainvineyards.com ----------------------------------------------------------------
---------------------------------------------------------------- Position Open at OneWorld Business Finance http://www.leasingnews.org/archives/April%202006/04-17-06.htm#owl On July 15th, 2005, OneWorld Leasing, Inc. dba OneWorld Business Finance, a member-owned financial services cooperative then comprised of sixteen independent leasing and finance companies, announced the appointment of Sharon Foglesong as President of the company located in Phoenix, Arizona. Now the world's first equipment leasing co-op, with 17 member-owners representing in excess of $250,000,000 in equipment financing annually, is in the market place for a new executive. Sharon Fogleson is moving on in her career. The position requires “…an individual with experience running a diverse leasing company utilizing multiple funding channels,” says Leasing Cooperative Chairman John Winchester, CLP.
John Winchester, CLP and ComCo/OneWorld Equipment Finance 1. (John served six years on the Board of Directors of the NAELB and one year on the Board of Directors of the CLP Foundation. Communications Leasing, Inc. works with Banks and other funding sources to offer equipment financing to businesses throughout the region since 1981.)
Ms. Foglesong has served OneWorld Leasing as an advisor to the Board of Directors assisting with business development, market analysis, and corporate structuring. Previously, Ms. Foglesong was Vice President for Marathon Capital and National Marketing Director for the Diversified Capital Group of Dana Commercial Credit, a wholly owned subsidiary of the Fortune 500 Company, Dana Corporation. Ms. Foglesong received her Bachelors Degree from Arizona State University and pursued her MBA at the University of Tampa. Sharon Fogleson is staying on board during the search period,” according to David Foglesong, Manager Of Member Services. “She will be working with us during the transition period as much as possible, but has already taken a new position, “ he told Leasing News. “I am sure an announcement from that firm will be forthcoming and do not feel it is our place to do that. “Yes, the co-op has grown under her helm and we will continue to grow. We have a few new members on deck. In addition, we have some great candidates that have expressed an interest that will really blow your socks off, I am just not at liberty to mention anyone at this point, for obvious reasons.” Leasing Cooperative Chairman John Winchester, CLP, says the group has high hopes: “It continues to amaze me with the ability to bring together leasing companies with a common goal, strength in numbers, “he said. He noted the company had held a strategic planning meeting and set the main goal of the cooperative to increase its membership from 17 to 75 by 2010. When the group was originally founded it told Leasing News it had goals to reach 25 members. Winchester says developing new standards for members and the implementation of new technology for communications and transaction processing, the membership will reach 75. “The Cooperative hopes to have a new President/CEO hired within the next 60 days, “ Lou Manitzas, Treasurer of OneWorld said. “Sharon has provided a great service to this organization by helping to make us a profitable, cohesive team with a clear strategy by instilling in our members the drive and systems to help insure healthy sustained growth.” The team now includes: Aaron Rios, AAW Capital Corp. dba Prolease, Newport Beach, CA ---------------------------------------------------------------- Classified Ads---Help Wanted Account Executive
Jr. Analyst
Operations Manager
VP-Manager of Equipment Lease Division
---------------------------------------------------------------- Why I Became a CLP
This is the twelfth article in a series about the Certified Lease Professional program, explaining why individuals decided to become a CLP, the process, and their reaction to the knowledge and other benefits gained. Greg Rieke---“Small Ticket Lessor” March, 2000, Greg started Genesis Commercial Capital, Irvine, California, where he now employees 25 people. He is responsible for all facets of owning and operating a small-ticket leasing company. Daily activities include credit underwriting, documentation review, funding & treasury, accounting, and compliance. He started out at Balboa Capital in September, 1993 and worked his way up to chief operating officer, before going out on his own. It was a change from managing a staff of 65 in the areas of credit underwriting, IT, portfolio management, commercial syndication, and contract administration. He also assisted the company in growing from a headcount of 25 to 250. At Balboa, he was also instrumental in developing warehouse lines, commercial paper conduits, and securitization vehicle for equipment leases. Prior his was a commercial lending officer at Wells Fargo Bank for six years. Today he has been married for six years with twin girls that are 16 months old. Education: BS in Ag Economics from California State University, Fresno. Outside Activities: Serving in my local church and real estate investment/development. Hobbies: Jogging, being outdoors, professional & college sports, and time with family. "My decision to become a CLP was largely influenced by Shawn Giffin and Patrick Byrne (the original founders of Balboa Capital.) It was the summer of 1995 and I'd been working at Balboa Capital for approximately two years. Shawn and Patrick had created a culture where employees were always challenged to better themselves. In fact, I recall it became somewhat of a contest amongst employees at Balboa to obtain the CLP designation. So, along with a few of my colleagues, we committed to take the next CLP exam. "Both Shawn and Pat were CLP's. I thought if they thought so much of the designation, I should also overcome the worry about whether I could become one, too. I'd heard much about the CLP exam, so I took it serious and studied extensively. And I'm sure glad I did, because it was one of the most challenging exams I'd ever taken. It covered every aspect of the leasing business, including how to sell a lease, pricing a lease, credit, documentation, funding, accounting, and taxation just to name some of the topics covered. I was very proud to pass on my first attempt, and ecstatic I wouldn't have to study for it again! Becoming a CLP also gave me the courage to start a new leasing company, Genesis Commercial Capital. Because we started business in 2000, a relative low-point in the leasing industry, I know what it means to fight each day for survival. I'm very proud of what we've accomplished so far at Genesis, and consider myself truly blessed by two incredible business partners and 25 talented employees. I think the designation also gave me help in working with the funding sources where the key persons such as Paul Menzel at Pacific Capital Bank , Ted Brownrigg and Dave Schaefer at Orion First Financial , Ron Wagner and Ben Millerbis at Pentech Financial , just to name a few. I can also tell you When you deal with a broker or lessor who is a CLP, there is a immediate level of trust and creditability that I also extend to anyone that is a CLP. While we don't have an official program here, I would gladly pay for the cost for any of my employees that wanted to sit for the CLP Exam. I also am in favor of having a mentor come in during the day and while employees are on our payroll, to help them study for the exam and learn from the "Handbook of Leasing." As I look back on my 13 years in the leasing industry, obtaining the CLP designation would absolutely be amongst my “top ten” biggest professional achievements. And much more important, I view the CLP designation and CLP Foundation as a significant way we can support higher business competencies & standards in our industry. greg.rieke@gen-cap.com
---------------------------------------------------------------- Top Stories--June 12--June 16
Here are the top ten stories most "opened" by readers last week. (1) Bulletin Board Complaint (2 ) “Hot Leasing talk” in Baltimore (3) Advantage Funding Sold (4) Bob Fisher Promoted to Executive Vice President (5) FASB Launches Review of Accounting for Leases (6) More info on “Fee” Class Action Lawsuits (7) White Paper on Equipment Leasing Insurance (8) Sales Makes it Happen---by Steve Chriest (9) Placard---Salesman did not meet quota (10) Community Banks Steps Up anti-ILC Campaign
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Alexa Ranks Leasing Media Web Sites
David G. Mayer's Business Leasing News is not included in the Alexa report list as it does not have its own individual site and Alexa finds Patton Boggs, LLP Attorneys at Law. The rating is not valid as it includes all those who visit and communicate with the law firm. When Business Leasing News has its own individual web site, it will be included in the Alexa survey. These comparisons are compiled by Leasing News using Alexa and should be viewed as a "sampling," rather than an actual count from the website itself. Other than as noted above, we believe the ratings are reflective as most have stayed in the same position, basically, for over a year. The Alexa tool bar works on most browsers. You may download their free tool bar A graph and analysis of the last three months are available. ( Note: the lower the number, the higher you are on the list. It is based on all web sites. Leasing is only a very small part of the various sites such as Yahoo, MSN, Google, etc. ) ---------------------------------------------------------------- Leasing Association Events-Meetings Open to All ---------------------------------------------------------------
New York Meet & Greet Lunch - June 20 Garden City Country Club Thursday June 20, 2006 Registration begins at 11:45am Hosted by Robert Goeller of Sierra Credit Corp. To register or learn more, please go here: ---------------------------------------------------------------
UAEL Pacific Regional Event
Join local UAEL members for bowling, billiards, $20.00 Per Person ---------------------------------------------------------------
Massachusetts Meet & Greet Lunch - June 22 Longfellow's Wayside Inn Thursday June 22, 2006 Registration begins at 11:30am; lunch begins at noon -1pm with discussion immediately following. Hosted by Lewis Cohn, Esq., of Cohn & Dussi, LLC, Carl Anderson of M&T Bank, and George Parker of Leasing Technologies International. Please contact the EAEL office at 212 809 1602 or alison@eael.org for pricing and a registration form. --------------------------------------------------------------
July 11, 2006 Meet and Greet Lunch hosted by Doug Welch Please contact the EAEL office at 212.809.1602 or alison@eael.org for pricing and a registration form. ---------------------------------------------------------------
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August 3, 2006 EAEL's Day at the Races Great Networking in an Executive Suite with luncheon buffet, open bar and fabulous Thoroughbred ricing. For registration information, please contact the EAEL office at 212.809.1602 or alison@eael.org ------------------------------------------------------------------ August 8, 2006 Phoenix Arizona Networking and… The Arizona Equipment Leasing Association invites you to join us for a networking session with selected funders and your peers followed by an evening of Baseball with the Arizona Diamondbacks. Meeting and Networking: Sam’s Café Southwestern Grill · Arizona Center Followed by: Arizona Diamondbacks vs. the San Francisco Giants We need your early reservation and payment to get the correct ticket count for the game!!!. Fee: $20 payable by July 11, 2006. Price includes, networking with funders, heavy hors deurves, drink ticket and game ticket. RSVP/Registration form to Steve AmRhein..samrhein@leaseplans.com.. Name ------------------------------------------------------------------
August 14, 2006 EAEL Golf outing Hosted by Jim Jenco and Robert Ingram. For registration information, please contact the EAEL office at 212.809.1602 or alison@eael.org ------------------------------------------------------------------
August 17th Rock Spring Country Club To register or learn more, please go here:
---------------------------------------------------------------- Clune--Since 1957
“Real People, Real Service since 1957. From our founding in 1957 by my father, Bob Clune, we earned a reputation for making lease financing easy for our customers by providing convenient, efficient and swift customer service. Our experience and financial strength give us the knowledge and ability to respond to customer needs with creative and flexible lease-financing solutions. Our customers and vendors tell us the primary reason they do business with us is due to our commitment to their success and satisfaction. These are our highest priorities: customer satisfaction, customer success and high integrity. We make every effort to understand our customers' requirements and be sure our programs support their success. Call today to speak with one of our friendly and knowledgeable people to find out why our motto is ‘Real People, Real Service, Since 1957.'”
“Kevin Clune, President” Source: http://clune.net/general_01.php [headlines] Oracle pays $130M to dump RE lease Software giant strapped with Peninsula space after Siebel buy By J.K. Dineen San Francisco Business Times Oracle Corp. has agreed to pay ING Clarion Partners $130 million to buy its way out of a long-term lease at 800 and 900 Concar Drive, unwanted buildings that the Redwood Shores-based company inherited when it acquired Siebel Systems Inc. in 2005, according to sources. The transactions are the latest effort by Oracle to rid itself of more than 800,000 square feet of office space it took on last October when it agreed to buy Siebel for $5.85 billion. While top-tier Class A office space in the Mid-Peninsula hovers at about $25 to $30 a square foot, Siebel rented much of its space at the height of the dot-com market, leaving Oracle on the hook for astronomical rents for a decade to come. [headlines] Bob Fisher has “Wholesale Financing”
Private Label Program Overview at Main Street National Bank The Private Label program has been designed to provide discount financing to established Lessors who have demonstrated the ability not only to originate a significant level of lease volume but also service their own portfolio. The program is designed to provide the advantages of building your own portfolio, minus the administrative and financial burdens. Main Street National Bank invoices the lessees under the Lessor's name, the lessee is unaware the lease has been sold. Private Label Lessor continues to SERVICE, retaining identy with the lessee, and has the opportunity to solicit repeat transactions. Main Street Nation Bank will provide a lock-box service where all payments are routed. Lessor need not worry about cash accounting and cash management. Main Street National Bank provides a credit guidelines checklist, thus facilitating the lessor with the ability of knowing that transacactions fitting the guidelines will be purchased, approval ratios should be in excess of 95%. Main Street National Bank will provide application transaction up to $75,000. Main Street National Bank will consider developing special credit criteria with lessors having strong vendor relationships. Main Street National Bank's program provides Limited Recourse Provision if 10% of the total amount sold to Main Street. Main Street National Bank provides for 97% advance rate of the full present value. Main Street National Bank will provide Lessors with daily cash application and delinquency reports, via the internet on a daily basis. Bob Fisher ### Press Release ########################### Kevin Ward and Michael Evans Join Main Street Bank
KINGWOOD, TEXAS, – Main Street Bank, Kingwood, Texas, announced the appointment of Kevin Ward as Senior Vice President and General Manager of the Healthcare Division, and Michael Evans as Vice President of Healthcare. Ward has over 30 years of experience in the equipment leasing and healthcare industry. He has served in management and senior management positions with Popular Leasing USA - a subsidiary of Banco Popular North America, Newcourt Credit Group, Copelco Capital Company and DVI, Inc. He has developed and supported over $700 million of healthcare finance programs. Evans is a seasoned leasing professional with over thirty years of experience. He has served in senior management positions with Popular Leasing USA, Sterling Bank Leasing, Dime Commercial Corporation and Chase Manhattan Leasing. His experience includes leadership and participation in the business development of small to large ticket healthcare and commercial programs. Tom Depping, Chairman of Main Street Bank stated: “Serving the equipment financing needs of the healthcare industry is a strategic objective of Main Street Bank. We are quite pleased that Kevin and Mike have joined our organization. With the combination of their experience and expertise, and the resources available through Main Street, we believe our healthcare finance platform will quickly grow the premier healthcare funding source for vendor and end users.” Ward said: “We are delighted to be a part of an organization dedicated to its clients. Main Street has demonstrated the strategic vision, market commitment, and financial resources that are important to the healthcare industry.” Main Street Bank, established in 1984, maintains retail-banking offices in the Houston, Texas market and is a national leader in commercial equipment lease financing. Kevin and Mike can be contacted at ### Press Release ########################### Terry M. Keating Joins Hovde Chicago, IL – – Hovde is pleased to announce that Terry M. Keating has joined the company as Senior Vice President and will be based in the firm's Chicago, IL office. A long-time leader in providing financing to the specialty finance industry, Mr. Keating will manage and grow the firm's investment banking practice in the specialty finance sector, and will assist in the sourcing and due diligence of investment opportunities for Hovde's private equity fund, Financial Services Partners Fund I. Steven D. Hovde, President and CEO of Hovde Financial, remarked, "Terry's 12+ years of experience in banking specialty finance firms will enable him to very effectively expand our practice and to provide an exceptional level of service to institutions in this arena. We are delighted to welcome Terry to the team.” Terry Keating states, “Hovde is clearly a leader in the financial services industry and I look forward to growing the firm's presence in specialty finance. I am pleased to utilize my experience in the various sectors of consumer finance, commercial finance, residential leasing, commercial mortgage banking, and other areas of specialty finance, to serve these companies in an investment banking capacity or through private equity investments.” Prior to joining Hovde, Mr. Keating founded and managed the Non-Bank Financial Institutions Division of LaSalle Bank. During his time with LaSalle Bank, Mr. Keating was responsible for growing this division and for the leadership of a 12-person team that supported over 50 clients in 15 states and with loan commitments of over $1 billion. Throughout his years of management of this unit for LaSalle Bank, Mr. Keating established a deep industry network and strong operational knowledge, predominately as a result of his experience reviewing nearly 500 companies for potential financing and serving as banker and advisor to many. Mr. Keating also has significant experience in restructuring and the development of industry specific due diligence procedures and best practice standards for specialty finance. The Hovde Organization is an investment banking, private equity and asset management firm focused exclusively on the financial services industry. Founded in 1987, Hovde is headquartered in Washington, DC, with additional offices in Chicago, Los Angeles and Palm Beach. ### Press Release ###########################
News Briefs---- Home builder sentiment falls; is lowest in a decade Trouble Looms for Car Loans New Fed chief faces dilemma Fed governor Olson to chair SEC's Public Company Accounting Oversight Board Rather eyes exit after 44-year CBS run Couric's Departure Not Hurting 'Today' Arizona Wildfire Forces Evacuations ---------------------------------------------------------------
You May have Missed--- Home builders outline their impact on economy http://www.mercurynews.com/mld/mercurynews/14827109.htm ---------------------------------------------------------------
Sports Briefs---- Carolina Captures First Stanley Cup http://www.washingtonpost.com/wp-dyn/content/article/2006/06/19/ ----------------------------------------------------------------
“Gimme that Wine” Storms ruin acres of Portugal wine crops Can't sleep? Have a glass of red wine Sebastiani to run for Sonoma City Council Arizona Winery owners say new law will help their sales Time in a bottle Wine Prices by vintage US/International Wine Events Winery Atlas Leasing News Wine & Spirits Page ----------------------------------------------------------------
Calendar Events This Day Argentina: Flag Day National Holiday. Commemorates the deaths in 1820 of Manueal Belgrano, the designer of the Argentine Flag. United Nations: World Refugee Day A day to bring attention to the situation of refugees---their rights, as well as their suffering. West Virginia: Admission Day . Observed as a holiday in West Virginia. The state of West Virginia is a product of the Civil War. Originally part of Virginia, West Virginia became a separate state when Virginia seceded from the Union. Vanilla Milk Shake Day ----------------------------------------------------------------
Today's Top Event in History 1863- West Virginia became the 34 th state. Observed as a holiday in West Virginia. The state of West Virginia is a product of the Civil War. Originally part of Virginia, West Virginia did not secede from the Union, but joined officially as the 35th state. Charleston is the capital of the Mountain State which boasts of having the most rugged terrain of any state east of the Mississippi. Throughout the forested hills of West Virginia, you'll also find many cardinals (the state bird) and multitudes of the state flower, the big rhododendron. ----------------------------------------------------------------
This Day in American History 1819 - The 320-ton paddle-wheel steamship Savannah became the first steamship to cross the Atlantic. It arrived in Liverpool after a journey from Savannah, Georgia, of 27 days 11 hours. NBA Finals Champions This Date 1993 Chicago Bulls --------------------------------------------------------------
Baseball Poem – Old Timer's Day, Fenway Park, 1 May 1982 Donald Hall, U.S. Poet Laureate When the tall puffy and barely catches it Fathers Playing Catch with Sons http://www.amazon.com/gp/product/061853721X/002-5217827-16792 About the new US Poet Laureate Donald Hall, avid Boston Red Sox fan. -------------------------------------------------------------- SuDoku The object is to insert the numbers in the boxes to satisfy only one condition: each row, column and 3x3 box must contain the digits 1 through 9 exactly once. What could be simpler? |
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