Financial Institutions and Banking

F&E represents banks and other financial institutions in a broad range of corporate and regulatory matters, including:

  • Merger and acquisition transactions
  • Formation of bank holding companies
  • Public and private offerings of securities
  • Corporate Structure/Corporate Finance

With prior experience as the owners and senior executives of banks, F&E’s founders are uniquely positioned to advise financial institutions and their senior management on important transactions.

Corporate SEC Compliance

F&E’s SEC compliance practice provides advice and counseling to:

  • Small and midsized public and private companies, including financial institutions
  • Management
  • Boards of directors
  • Board committees

On a full range of matters involving securities offerings, compliance, reporting and disclosure matters under:

  • Securities Act of 1933
  • Securities Exchange Act of 1934
  • Sarbanes-Oxley Act

With backgrounds as current and former board members and executives of publicly-held companies, F&E’s compliance lawyers are particularly well versed in:

  • SEC requirements and guidelines
  • Audit and self-governance obligations
  • Separate legal representation of boards of directors and their committees

Not only do we understand the law in this area, but we appreciate also the need for our clients to balance the time and expense of compliance with their practical operational needs.

Financial Institution Regulatory Compliance

F&E’s banking lawyers have extensive experience guiding financial institutions through the federal and state regulatory challenges that impact nearly every aspect of their business. We regularly provide advice and counseling to our clients in connection with regulatory requirements promulgated by:

  • Federal Reserve Board (FRB).
  • Office of the Comptroller of the Currency (OCC).
  • Federal Deposit Insurance Corporation (FDIC).
  • Consumer Financial Protection Bureau (CFPB)
  • Financial Stability Oversight Council (FSOC)
  • Securities and Exchange Commission (SEC)
  • Federal Housing Finance Agency (FHFA)
  • Department of Justice (DOJ)

Institutional Risk Management

F&E assists clients in the implementation of their internal compliance and ethics programs. We can provide advice on issues relating to the formation and functions of board committees and assessments as part of ongoing compliance efforts. We also advise in-house corporate counsel, compliance counsel and compliance officers on the appropriate responses to compliance issues as they arise.

Loans & Other Finance Transactions

Given the background of the firm’s founders as the owners and senior executives of financial institutions, F&E has a long history of representing borrowers and lenders in connection with loan workouts of various sizes and degrees of complexity.

F&E’s banking lawyers have extensive debt restructuring experience working with:

  • Commercial lenders
  • Subordinated secured lenders
  • Preferred equity providers
  • Participating lenders
  • Syndication co-lenders
  • Insurance companies
  • Private equity and pension funds

F&E’s borrower clients include:

  • Closely-held real estate companies
  • Operating companies
  • Syndicated partnerships
  • Joint ventures
  • High-asset individuals
  • Private equity funds

In addition to its debt restructuring/workout practice, F&E represents bank and financial institution clients in the areas of:

  • Commercial and real estate loan documentation
  • Loan participations
  • Letters of credit facilities
  • Transaction structuring
  • Negotiation and documentation of credit facilities

Our corporate, real estate, and other business clients look to us to handle:

  • Equipment leases
  • Factoring arrangements
  • Securitizations
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