Banking

BuckleySandler provides regulatory, enforcement and transactional advice to federal and state chartered depository institutions and their holding companies. Our bank clients include banks of all sizes, from the largest national banks that operate from coast to coast, to regional banks, community banks and specialty banks that provide banking services within larger financials services providers.

With one of the largest financial services practices in the country, BuckleySandler provides counsel and advice to banking institutions in matters involving the entire range of complex, and sometimes overlapping, legal and regulatory issues:

• Bank enforcement and complex examination matters, including safety and soundness issues
• Fair lending, unfair, deceptive or abusive practices requirements and related consumer protection issues
• Corporate, transactional and securities matters
• Regulatory compliance advice, including:
  • Bank Secrecy Act and Anti-money laundering requirements
  • Transactions with affiliate issues
  • Powers and activities
  • Consumer protection laws such as Section 5 of the FTC Act, TILA, FCRA, and RESPA
  • Retail banking and deposit taking issues
• Data security and privacy issues
• Electronic banking and e-commerce issues
• Outsourcing transactions

Enforcement

In the enforcement area, BuckleySandler represents banks and their officers, directors, and employees before federal and state banking and other agencies on all matters, including formal and informal government investigations, enforcement proceedings, and related private class actions and other complex litigation concerning anti-money laundering, privacy, fair lending, unsafe or unsound banking practices, securities and other laws. Our attorneys frequently represent clients before the Federal Reserve Board, the Federal Deposit Insurance Corporation, the Office of the Comptroller of the Currency, and other federal and state agencies.

Examination Assistance

We provide full service assistance prior to and throughout the examination process, including advising our clients on pre-examination preparation, responding to regulators’ inquiries, and assisting them with any post-examination follow-up that may be necessary.

Applications and Other Regulatory

We assist our banking clients with all aspects of regulatory applications, from the preparation and filing of applications for:

• Bank Holding Company Act, Bank Merger Act and Change in Bank Control Act approvals
• De Novo charters
• Corporate reorganizations, including going private transactions
• New banking and nonbank powers

In addition, we provide our clients with day to day compliance advice on the complex framework of laws and regulations.

Mergers and Acquisitions

BuckleySandler attorneys possess substantial experience in analyzing potential deals and regularly conduct regulatory and legal due diligence and other risk assessments for banking clients considering acquisitions or strategic alliances. We frequently assist in negotiating, documenting, and closing mergers, asset sales and stock purchases. Our experience covers transactions with privately-owned and publicly-traded companies, whether they are negotiated directly, through an auction/bid process, or under bankruptcy proceedings. We frequently handle the regulatory approvals and public disclosure matters arising in these transactions.

Outsourcing Transactions

We regularly assist banks in negotiating and structuring various vendor and outsource relationships in compliance with federal bank regulatory guidance for diligence, oversight, indemnifications, audit rights and transaction with affiliate requirements.

Asset, Financing and Securities Transactions

We represent banks in either buying or selling of mortgage and other consumer assets or servicing rights, with a careful approach to the capital effects of early payment default, sale premium recapture or other recourse mechanisms, indemnifications and repurchase requirements.  In addition, we assist banks in setting up and negotiating warehouse lending programs. We also frequently assist banking companies with public, private and exempt offerings of equity and debt securities.

Licensing and Chartering of Non-Bank Businesses and Subsidiaries

BuckleySandler assists banking clients with obtaining new lending, servicing, collection, insurance or money transmitter licenses, or obtaining “change of control” approvals for existing licensees, and in analyzing charter alternatives and obtaining new bank charters. We assist new entrants and ongoing businesses in structuring operations and transactions to minimize regulatory burden and facilitate the closing of transactions.