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Annual Report 2017

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Executive Summary<br />

2016-17 President<br />

Clifford M. Gerber<br />

Norton Rose Fulbright US LLP<br />

San Francisco, CA<br />

My term as President was a busy and productive year for the<br />

organization and its Board of Directors. I tried to keep my finger<br />

on the pulse of things, though it was not always easy. From addressing<br />

pronouncements from the regulators in Washington, to<br />

providing NABL members with the educational content and opportunities<br />

that derive from our core mission, to enhancing our<br />

collaborative efforts with our industry counterparts, to elevating<br />

our game as lawyers in municipal finance, there was a lot to get<br />

done. It goes without saying the year was a turbulent one; we<br />

needed to stay agile and proactive while maintaining our focus<br />

on key issues.<br />

Among our more notable achievements as an organization:<br />

• At the beginning of my term we submitted comments to the IRS and Treasury on management and service<br />

contracts, which led to the issuance of new guidelines in Revenue Procedure <strong>2017</strong>-13.<br />

• As part of our winter meetings and for the first time, the Board went to Capitol Hill to visit with Congressional<br />

staff to advocate for the preservation of the tax exemption on state and local bonds. Though the elimination of<br />

advance refundings told us that we weren’t fully successful in our effort, it also delivered an important message<br />

to the industry that we all need to stay vigilant with respect to the status of state and local bonds.<br />

• Last spring, and then again in August, we provided written recommendations to the SEC with<br />

respect to its proposed amendments to Rule 15c2-12 relating to the disclosure of bank loans and other financial<br />

obligations.<br />

• In March the General Law & Practice Committee released the Demystifying DTC: The Depository<br />

Trust Company and the Municipal Market. The paper focuses on how DTC affects a municipal<br />

bond financing from closing to maturity.<br />

• Also in the spring the Board adopted a written Diversity Policy, to promote organization-wide inclusiveness<br />

in NABL Committees, projects and panels.<br />

• In an effort to move toward greater uniformity, NABL and SIFMA collaborated on, and completed during the first<br />

part of <strong>2017</strong>, a set of “issue price” documents, which the industry has by and large adopted.<br />

• In June, after years in the making, we released a Model Letter of Underwriter’s Counsel to our<br />

membership.<br />

• After years in the marking, in July we released a comprehensive paper to our membership covering the direct<br />

purchase of state or local bonds by financial institutions.<br />

All in all, I am proud of what we as a Board – and as an organization – accomplished, and I am grateful for the advice<br />

and counsel of my fellow officers and Board colleagues. Even more importantly, I am truly grateful to our dedicated<br />

members who, time and again, are tireless in their participation in NABL’s projects and conferences.<br />

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