Legal Services

Banking Law & Finance

The Banking Law and Financial Services Group represents banks, mortgage companies, other institutional lenders, businesses and individuals in connection with all aspects of banking law and financial services. Attorneys in this Group handle real estate, commercial lending, and consumer transactions, both secured and unsecured. They assist clients on issues relating to the Truth in Lending Act, RESPA, Regulation Z, Regulation X, consumer lending laws, servicing agreements, brokerage agreements, wholesale agreements and funding agreements, and negotiate and prepare loan documentation.

The Group also represents banks, mortgage companies and other lenders on issues involving federal and state regulations, new bank charters, holding company formations, conversions, new or acquired branch applications, mergers, acquisitions and licensing/qualification in jurisdictions throughout the country. It also handles all aspects of secondary market transactions, including portfolio purchases, servicing agreements, securitized financing acquisitions and all of the many business and real estate issues which arise in such transactions.

Experience

  • Extensive experience with financial institution representation including lending and compliance.
  • Represented many start-up banks in obtaining banking charters and all other aspects of their operations.
  • Handled a wide range of regulatory matters for banks, mortgage companies and other financial institutions, including TILA and RESPA matters, licensing matters, participation agreements, loan documentation review, secondary market issues and compliance and interaction with regulators relating to securities matters.
  • Representation of issuers in securities offerings, including initial and secondary public offerings, and numerous private placements.
  • Representation of issuers and borrowers in debt and equity financing transactions with venture capital firms and institutional lenders.
  • Representation of lenders and borrowers in secured lending and bank financing transactions – including asset based lending, letters of credit, banker’s acceptances, syndicated facilities,¬†and asset securitizations.
  • Counseling companies,¬†regarding SEC and state blue sky compliance and reporting matters.
  • Representing both buyers and sellers in mergers and acquisition transactions (both asset sales and stock sales) – including transactions involving public companies, financially distressed sellers, intellectual property assets, Hart-Scott-Rodino antitrust compliance, assets located outside of the United States and complex licensing issues.
  • Representative to the Council of Home Loan Banks.

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