Burr & Forman’s financial regulatory team 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.
Our attorneys resolve governance and transactional concerns that include capital standards, securities regulation, the structure of holding companies and subsidiaries, and compliance with all state banking regulations. When banks create or improve their ownership structure, consumer services (including innovative new programs) or lending activities, we help them select the appropriate entity, prepare effective documentation and loan procedures, issue holding company securities, and deal with state banking regulators, the Federal Reserve Board, the Comptroller of the Currency, the Federal Deposit Insurance Corporation and state regulators.
We assist clients in a number of areas on the regulatory side including:
Advise banks concerning transactions with their affiliates pursuant to Sections 23A and 23B of the Federal Reserve Act.
Bank Mergers/Branch P&A Transactions
Assist clients with 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 handle all regulatory issues under the Bank Holding Company Act, Bank Merger Act, and other relevant laws.
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.
Assist financial institutions converting from one form of charter to another (e.g., national bank to state-chartered bank or vice versa).
Advise financial institutions on board composition, risk management, internal controls, director and officer duties and responsibilities, and other corporate governance matters.
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.
De Novo Banks/Holding Company Formations
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.
Enforcement Actions/Civil Money Penalties
Advise clients 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. In addition, negotiate the imposition of civil money penalties.
Assist boards of directors and compensation committees in the evaluation of incentive compensation plans and compensation packages for their senior executive officers.
Financial Reform Legislation
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.
Assist financial institutions in evaluating and implementing strategies to eliminate public company reporting requirements.
Golden Parachute & Indemnification Payments
Advise financial institutions with respect to permissible golden parachute and indemnification payments under Part 359.
Insider Lending Issues
Advise boards of directors and senior executive officers regarding compliance with Regulation O.
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