Banking & Finance

Maynard Nexsen’s Banking & Finance Group regularly advises financial institutions and provides the sophisticated legal services required in an increasingly complex regulatory environment. We represent banks and financial institutions of all sizes – from large regional holding companies with operations throughout the country to smaller publicly held and closely held bank holding companies and community banks. Our clients also include non-bank mortgage companies, trust companies, credit unions, insurance companies, broker-dealers, and investment firms.

Our attorneys specialize in consumer regulatory compliance, with a focus on helping our clients find practical solutions and business practices to comply with regulations such as RESPA, Truth-in-Lending, Reg Z, S.A.F.E. Act requirements and that address industry topics such as Fair Lending and the Equal Credit Opportunity Act. In addition to depository institutions, our clients include mortgage lenders, mortgage servicers, manufactured housing companies and other non-bank providers of retail financial products to consumers.

The Firm’s finance lawyers understand that our clients are focused on practical results and risk mitigation within the context of the deals we work on. We can provide sophisticated legal and practical advice and service through the entire deal process from initial structuring, through closing documentation, the negotiation and documentation of modifications and, if necessary, restructuring, workout and/or creditor bankruptcy representation.

Banking Regulatory Guidance and Examination Preparation

• Advice regarding Federal and State Bank Regulatory Issues
• Preparation of Regulatory Applications
• Examination Planning and Preparation
• Regulatory Compliance Matters and Advice
• Charter Conversions
• Fair Lending

Banking Operations

• Development of agreements for retail products and services
• Development of agreements and documentation for interest rate swaps and other derivatives products
• Review and negotiation of agreements with vendors and service providers
• Review of advertisements for retail products and services

Mergers and Acquisitions

• Preparation and Negotiation of Definitive Agreements
• Preparation of Regulatory Applications
• Due Diligence Reviews
• Tax Analysis
• Securities Law Compliance
• Leveraged Buyouts
• Anti-Takeover Planning
• Going Private Transactions

Capital Planning and Raising

• Private Placements and Public Offerings of Securities
• Bank Stock Loans
• Trust Preferred Securities Issuances
• Capital Plans

General Corporate Matters

• Corporate Governance Planning and Advice
• Recapitalization and Reorganization Implementation

Problem Bank and Thrift Issues

• Examiner Dispute Resolution
• Negotiation of Memoranda of Understanding and Orders to Cease and Desist
• Negotiation of Litigation of Administrative Enforcement Actions
• Failed Institution Acquisitions
• New Capital Raising
• Appeals of Materials Supervisory Determinations

Executive Compensation and Employee Benefit Plans

• Employee Stock Ownership Plans
• 401(k) Plans
• Leveraged ESOP Transactions
• Incentive Compensation and Stock Option Plans
• Employment Agreements – Golden Parachutes
• Profit Sharing and Pension Plans

New Bank and Thrift Organizations

• Organizational and Regulatory Advice
• Business Plan Creation
• Preparation of the Interagency Charter and Federal Deposit Insurance Application
• Private Placements and Public Stock Offerings
• Development of Bank Policies

Broad experience

Our transactional finance lawyers have a broad depth of experience representing financial institutions and other creditors across a wide range of debt financing vehicles throughout the deal cycle, including the following: 

• middle market commercial and industrial financings
• asset-based lending
• agricultural lending
• syndicated credit facilities
• real estate finance transactions
• construction and project financings
• mezzanine financings
• structured financings
• bond transactions (public, private and direct purchase by financial institutions)
• small business lending
• lease financings

Maynard Nexsen’s lending clients include national banking associations, specialized lenders, insurance companies, governmental and other regulated lenders, mezzanine finance funds and conduit lenders.

Because of our wide-ranging experience and our ability to allocate our resources and put together deal teams in a thoughtful and efficient manner, we can provide top-level legal service with respect to both the most sophisticated transactions and the most straight-forward deals while, in each case, remaining conscious of our clients’ need to control costs and the need to, in every instance, produce outstanding results. 

Our finance lawyers are routinely able to, as necessary, take advantage of the Firm's abilities in fields related to various transactions. As a result, we frequently team with our Public Finance, Creditor’s Rights, Commercial and Construction Litigation, Environmental and/or Economic Development groups to provide focused guidance on specific deal issues.

Whether involving hundreds of thousands or hundreds of millions of dollars, we can provide tailored and focused counsel on transactions across a wide variety of financing structures. 

Credibility

Our lawyers have been recognized by The Best Lawyers in America©, by Chambers USA – America's Leading Lawyers for Business, and by their peers as top attorneys in Banking.

Maynard Nexsen is a member of the following professional associations:

• American Bankers Association
• Alabama Bankers Association
• Texas Association of Bank Counsel
• Mortgage Bankers Association
• Mortgage Bankers Association of Alabama
• Manufactured Housing Institute
• Alabama ACH Association
• Alabama Treasury Management Association

Related Work

Members of the Banking Group often work with attorneys in the Firm’s other practice areas offering services to banks and financial institutions such as employment law and personnel matters, employee benefits, executive compensation, real estate, environmental issues, bankruptcy, tax, intellectual property, mergers and acquisitions, securities, corporate governance, director and officer issues and responsibilities, governmental affairs, commercial litigation, estate and wealth planning and estate and trust administration.

Related Practices

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