Financial Institution Regulation

Burr & Forman’s Bank Regulatory practice provides regulatory advice to financial institutions, as well as their holding companies, affiliates, subsidiaries, boards of directors, and investors.

Our clients are located throughout the Southeast and range from large bank holding companies to small community banks.

Specific Practice Areas Include:

Enforcement Actions/Civil Money Penalties

We provide advice on regulatory examinations and related enforcement actions, including board resolutions, memoranda of understanding, consent orders, and prompt corrective action. We also negotiate and implement action plans for resolution of, and compliance with, enforcement actions.  Additionally, we negotiate the imposition of civil money penalties.

Bank Mergers/Branch P&A Transactions

Our attorneys manage complex mergers, internal reorganizations, supervisory and other acquisitions, asset purchases and sales (including branch P&A transactions), joint ventures, and controlling and noncontrolling investments in financial institutions.

Charter Conversions

We assist financial institutions when converting from one form of charter to another (e.g., national bank to state-chartered bank or vice versa).

Corporate Governance

Our attorneys advise financial institutions on board composition, risk management, internal controls, director and officer duties and responsibilities, and other corporate governance matters.

Going-Private Transactions

We assist financial institutions in evaluating and implementing strategies to eliminate public company reporting requirements.

De Novo Banks/Holding Company Formations

Our attorneys assist clients who wish to obtain federal or state bank, savings bank, trust, or special purpose charters, federal deposit insurance, or to form holding companies.

Executive Compensation

We assist boards of directors and compensation committees in the evaluation of incentive compensation plans and compensation packages for their senior executive officers.

D&O Insurance

Our attorneys assist financial institutions in the evaluations of their current D&O insurance policies, particularly in light of a changing regulatory environment, and design and implement strategies intended to protect the interests of officers and directors of insured depository institutions.

Golden Parachute & Indemnification Payments

Our attorneys counsel financial institutions with respect to permissible golden parachute and indemnification payments under Part 359.

Insider Lending Issues

Our attorneys provide advice to boards of directors and senior executive officers regarding compliance with Regulation O.

Affiliate Transactions

We counsel banks concerning transactions with their affiliates pursuant to Sections 23A and 23B of the Federal Reserve Act.

BSA/AML Compliance

Our regulatory attorneys assist financial institutions with compliance related to the Bank Secrecy Act, the USA PATRIOT Act, and the laws and regulations enforced by the Office of Foreign Assets Control.

Financial Reform Legislation 

We evaluate the regulatory and operational consequences of current and anticipated federal legislation to reform the financial services industry and assist clients with Dodd-Frank compliance.

Our Attorneys

Lawrence Ahern, III
Retired Partner ~ Nashville, Tennessee|
(615) 724-3210
(615) 724-3310
Lawrence
Damon Denney
Partner ~ Birmingham, Alabama|
(205) 458-5198
(205) 244-5267
Damon
Sean Dudley
Associate ~ Mobile, Alabama|
(251) 345-8221
(251) 344-9696
Sean
Howard Marks
Partner ~ Orlando, Florida|
(407) 540-6648
(321) 249-0545
Howard

Experience Matters

Brief sentence defining representative matters.

  • Bank Capital Raise, Regulatory Conversion and Acquisition

    Reviewed and revised private placement memorandum to finance, and regulatory filings to approve the purchase of a financial institution, involving a supervisory conversion of the target into a stock-chartered bank. Negotiated, documented and closed deal.