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.
We assist financial institutions when converting from one form of charter to another (e.g., national bank to state-chartered bank or vice versa).
Our attorneys advise financial institutions on board composition, risk management, internal controls, director and officer duties and responsibilities, and other corporate governance matters.
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.
We assist boards of directors and compensation committees in the evaluation of incentive compensation plans and compensation packages for their senior executive officers.
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.
We counsel banks concerning transactions with their affiliates pursuant to Sections 23A and 23B of the Federal Reserve Act.
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.