Bank Directors Seminar, Coeur d'Alene, ID, September 15-17, 2019

ALTERNATIVE CONCEPTS

Option 1: Document as little as possible, because: – Permits subsequent elaboration as necessary – Minimizes liability

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ALTERNATIVE CONCEPTS

Option 2: Document at least the legally required deliberation, because: – Serves as directors’ shield, not their opponent’s sword – Restores credibility and limits allegations of deception and falsification – Assists the directors in making future decisions by recording past deliberations

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