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Banking
OVERVIEW

The Banking Group regularly advises banks and bank holding companies, as well as other financial institutions, on a wide range of matters in the complex regulatory environment in which they operate. We represent banks and financial institutions of all sizes – from large regional holding companies with operations throughout the Southeast to smaller publicly held and closely-held bank holding companies and community banks.

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.

Maynard Cooper 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

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. We regularly advise financial institutions of all sizes on matters involving every aspect of their business and the increasingly complex regulatory environment in which they operate.

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 & 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
PRIMARY CONTACTS
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