The Regulatory Framework
Our legal professionals have important cognition of and know within the federal, state and worldwide regulative schemes inside which banks and different fiscal establishments function. We routinely characterize banking shoppers earlier than the Federal Reserve, the OCC, the FDIC and state banking departments. We have now represented quite a few establishments within the file and technique of purposes for de novo financial institution charters, fiduciary powers, deposition indemnity, adjustments in financial institution management and financial institution holding firm formations. For shoppers with a concentrate on Florida and/or New Jersey, our Banking Group features a early common advocate to the Florida Division of Banking and Finance ( these days the Workplace of Monetary Regulation ) and a erstwhile Deputy Commissioner ( and Performing Commissioner ) of the New Jersey Division of Banking ( now the Division of Banking and Insurance coverage ), the regulative businesses in these states creditworthy for the lease and supervision of state banks, belief corporations, thrifts, licensed operations of worldwide banking companies and licensed nonbank lenders. Our Banking Group moreover features a former enforcement lawyer with the Workplace of the Comptroller of the Forex, the governor of all nationwide banks and union financial savings banks .
Our Worldwide Banking Follow is divers, each when it comes to the shoppers we serve and the scope of authorized providers supplied. We repeatedly represent extraneous banks, constructing societies, holding corporations and different fiscal establishments searching for to determine federal branches, Edge Act companies, worldwide businesses or consultant places of work in the USA. We have now labored extensively with extraneous banks within the lead of their U.S. actions, and routinely characterize them earlier than the Federal Reserve, the OCC, the FDIC and state deposit businesses. We moreover often characterize extraneous fiscal establishments and international nationals in cross-border transactions by which they search to amass controlling pursuits in home banks, thrifts and different fiscal establishments .
Financial institution Merchandise and Providers
Our workforce often offers authorized recommendation and help to banks in structuring the sale and supply of retail services and products to their prospects, and in getting ready the contractual paperwork necessity to impact the transactions. On this respect, we’re understanding of the privateness, license and shopper safety legal guidelines and laws governing these providers and merchandise, together with the Gramm-Leach-Bliley Act, the SAFE Act, the Digital Funds Switch Act, Verify 21 and Fact in Financial savings. Our legal professionals routinely help fiscal establishments within the improvement of their treasury administration services and products, together with constructive pay agreements, outback deposit seize agreements and ACH agreements. We moreover have drafted and suggested financial institution shoppers on info share and joint advertising and marketing agreements with early fiscal establishments and on community agreements with securities broker-dealers pursuant to the Interagency Assertion on the retail Sale of Nondepository Funding Merchandise.
Our workforce has important cognition of the legal guidelines and laws pertaining to shopper lend, together with the reality in Lending Act, the Truthful Credit score Reporting Act, the CARD Act, the true Property Settlement Procedures Act, the Truthful Debt Assortment Practices Act, the Dwelling Mortgage Disclosure Act, the Neighborhood Reinvestment Act, the Truthful Housing Act, the Equal Credit score Alternative Act, and the respective laws that implement these legal guidelines, adenine properly as related nation legal guidelines and laws and any preemption points surrounding these state legal guidelines and laws. We repeatedly characterize fiscal establishments in reference to newfangled product improvement, shopper credit score disclosures, privateness points, due diligence critiques and a full charge of different shopper complaisance issues. We moreover characterize banks with respect to accredit card lend and requital course of, negociate and draft illustration agreements for bespeak of sale ( POS ) transactions, and workforce with Holland & Knight litigators to defend shoppers towards shopper fiscal providers claims. a number of of our attorneys are members of the American School of Client Monetary Providers Legal professionals .
BSA and USA PATRIOT Act Compliance
Acknowledged for our cognition and have with Financial institution Secrecy Act ( BSA ) complaisance, our Banking Group attorneys often lecture on the BSA at nationwide anti-money launder conferences and seminars, and have printed nationally on the regulation and its provisions. Due to the astuteness of know in these important areas, we’re well-suited to supply illustration in issues referring to federal and state of matter anti-money launder and know-your-customer statutes and laws, arsenic properly as within the improvement and execution of efficient anti-money wash packages. Legal professionals in our Banking Group have represented banks and different fiscal establishments earlier than the U.S. Division of Justice, the Division of the Treasury, the Monetary Crimes Enforcement Community ( FinCEN ), and state jurisprudence enforcement businesses on BSA and cash laundering points.
Learn extra: Aronson, Mayefsky & Sloan, LLP
Mergers and Acquisitions
Our attorneys have represented quite a few fiscal establishments in reference to versatile company acquisitions, inclinations, consolidations, mergers, receiverships, reorganizations, re-capitalizations and cross-border M & A transactions. In truth, Holland & Knight legal professionals have intensive know representing extraneous banks and people searching for to amass U.S. fiscal establishments.
Learn extra: Attorneys – Richards, Layton & Finger
Troubled or Failed Banks
We often present advocate to banks and thrifts which were discovered by the financial institution regulative businesses to be in a bother oneself self-discipline. Our legal professionals steerage banking shoppers on issues involving Capital Directives, Immediate Corrective Motion ( PCA ) Directives, Stop and Desist Orders and Memoranda of Understanding. We moreover have strong expertise steerage boards of administrators and government administration of fiscal establishments in applicable company authorities measures when going through at hand insolvency and seizure by the FDIC as receiver. moreover, we moreover have represented erstwhile officers and administrators of fail establishments in reference to claims of crude negligence, rupture of fiduciary obligation, and failure of loyalty asserted towards them by the FDIC as receiver. As a result of many such claims are succesful to the financial institution ‘s director and officer legal responsibility insurance coverage coverage, we work carefully with the issuer of the coverage to make sure that protection is prolonged to the erstwhile administrators and officers .
Our workforce actively represents lenders who lend towards the worth of tremendous art work. usually these offers contain people who use their invaluable artwork collections as safety system for loans. A few of these debtors have artwork collections value in extra of $ 1 billion, and are due to this fact capable of safe comparatively low-cost fund for myriad occupation ventures with out limiting different property that will already be used as safety in different financings or are seen as much less fascinating by the lenders. Increasingly more a lot, extremely prosperous people are turning to personal banks to borrow towards their collections. By way of the financial downturn, the worth of artwork has had some volatility however such values have weathered the ramp properly and are seen by intimate lenders as a secure form of collateral. typical transactions are within the $ 20 million to $ 50 million crop, however we now have moreover acted for lenders on transactions within the $ 150 million to $ 400 million vary .
Main Legal professionals on Your Facet
Holland & Knight ‘s Banking Group is systematically acknowledged among the many leaders within the business by nationwide and exterior publications. The 2018 U.S. Information – Finest Legal professionals® “ Finest regulation Companies ” information positioned our agency ‘s Banking and Finance Litigation apply in its first grade nationally, angstrom properly as domestically in Miami, New York and Tampa. Holland & Knight ‘s Banking and Finance Regulation apply was moreover positioned within the first tier nationally, a properly as domestically in Charlotte, Dallas, Jacksonville, Miami, Orlando and Tampa. In summation, Holland & Knight is top-listed in Florida in Banking and Finance Regulation by the 2018 Chambers USA : America ‘s Main Legal professionals for Enterprise usher and by The Finest Legal professionals in America 2018 usher .