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Banking & Financial Institutions

Anyone doing business as or with a financial institution should have a relationship with a banking attorney. People often think of attorneys only when they get in trouble, but by then it may be too late. We are advisors who help clients when they have questions or want to start or expand their business, so they can avoid costly issues.

Today’s banks, other financial service providers, facilities and supporting companies must do business while complying with some of the most complex, constantly changing laws and regulations of any industry. It is critical to understand that deals and contracts that are legal in other industries, such as manufacturing, real estate, distribution or retail, may often be unlawful for banks and other financial service providers. Examples include cash payments, simple deposits to an account, permitted lending requirements, and special licensure requirements such as branch licenses.

Members of our banking practice, include lawyers with in-house industry experience. We represent providers of banking and financial services, as well as those who do business with them, and assist them in all aspects of their businesses to guide them in compliance. In addition, we provide advice and guidance throughout the life cycle of your business, from inception through all phases of growth and development. Our guidance encompasses issues ranging from entity selection and formation, creation of policies, procedures and compliance plans, reviewing, drafting and negotiating contracts, establishing sound confidentiality and customer data privacy and security practices, assistance with licensing, registration, credentialing and certification, professional and staff employment issues, billing, collection and reimbursement issues, compliance actions, reporting obligations, institution mergers, acquisitions and buy-outs, asset protection and succession planning. We also provide administrative defense representation.

A Partial Listing of the Types of Services We Provide Include the Following:

    Financial Services and Business Litigation &Alternative Dispute Resolution

  • Payment Disputes Regarding Checks, Wire Transfers, ACH Entries
  • Breakup Of Personal Relationships And Business Entities And Responsibilities For Personal And /Or Entity Loans
  • Litigation Of Payment Obligations, Work-Outs, Foreclosures, Repossessions
  • Theft Of Confidential Financial Information
  • Breach Of Loan Covenants
  • Arbitration And Mediation As Alternatives To Litigation
    Selection and Formation of Business Entities

  • Corporations
  • Limited Liability Companies
  • Professional Service Corporations
  • Partnerships: LPs, LLPs, LLLPs
    Profit and Not for Profit Corporate Governance

  • Shareholders’ And Operating Agreements
  • Management Structure
  • Voting Rights
  • Board Responsibilities And Liabilities
    Facility, Professional and Business Licensing and Representation

  • Bank and Non-bank lenders
  • Bank And Other Financial Service Provider Branches
  • Mortgage Lender, Mortgage Broker, And Other Lender Licenses
    Mergers and Acquisitions with or between Financial Service Providers

  • Bank Mergers/Purchases and Sales of Lender Assets
  • Purchases and Sales, Loan Servicers
    Development And Implementation Of Policies, Procedures And Compliance Plans

  • Bank Corporate Compliance Programs
  • Consumer Loan Compliance Programs
    Federal and State Regulatory Compliance Analysis

  • Disclosure Requisites In Consumer Lending
  • Anti-Kickback Laws In Real Estate Closing And Title Insurance Transactions
  • Real Estate Broker Regulation
  • Financial Privacy Vs. “Know Your Customer”
    Structuring of Lending and Borrowing Transactions

  • Joint Venture Arrangements
  • Special Purpose Borrowing Or Development Entities
  • Non-Recourse Transactions
  • Guaranties
  • Loan Participation Agreements
    Loan Document and Other Contract Review and/or Drafting and Negotiation

  • Loan, Mortgage Loan, Work-Out Or Reinstatement Agreements
  • Standard Forms For Repeated Transactions
    Examination Actions/Audits

  • Federal Reserve Bank
  • Comptroller of the Currency (for National Banks)
  • FDIC (for State chartered insured institutions)
  • Florida Department of Banking
  • Florida Department of Revenue (documentary stamps)
  • Florida Office of Financial Regulation
    Depositor Rights and Privacy

  • Encoded E-Mail Requirements
  • State Right To Financial Privacy Laws
    Reporting Obligations

  • Bank Examinations
  • Self-Disclosure Requirements