With a long history of representing banks—from community and regional level to large banks and foreign banks with U.S. operations—our team has extensive experience guiding clients through the evolving regulatory environment and advising on a full array of bank regulatory compliance issues.
We guide financial institutions on compliance with the Dodd-Frank Act, the Volcker Rule, the Bank Holding Company Act, the National Bank Act, the Federal Deposit Insurance Act, and the International Banking Act, among many other complex banking and financial services laws and regulatory requirements. We also counsel banks, thrifts, bank holding companies, savings and loan holding companies, affiliates and subsidiaries, credit unions, fintechs, their partners and service providers, and other entities on the full breadth of financial regulatory matters that arise in their activities—from chartering, merger, and powers/structure issues to deposit insurance, prudential requirements, and supervisory criticisms and remediation.
For our non-U.S. clients, we advise on alternatives for initial entry into the U.S. and permissible activities and assist them with the acquisition of U.S. subsidiary banks; the establishment of U.S. branch, agency, and representative offices; the wind-down of U.S. offices; and other regulatory considerations.
From forming new charters and the creation of bank and financial products and services, through mergers and acquisitions, supervision of ongoing operations, defending against enforcement actions, and dealing with issues arising out of troubled and failing banks, we provide our clients with practical, effective advice and solutions.
Federal and state bank prudential regulation: We advise bank and other financial services clients on compliance with federal and state prudential laws and regulations, including controlling for risks, limits, and concentrations, as well as maintaining adequate capital and liquidity.
Charter applications, bank formation, and charter conversion: Our team helps streamline the complex process surrounding charter applications, bank formation and acquisition, and charter conversion issues, providing understanding of the options and trade-offs for each and helping to ensure compliance with regulatory requirements.
Powers/permissible activities and structure: We offer strategic guidance related to permissible activities, regulatory and supervisory oversight consequences, and the determination of bank or non-bank options, including the implications of conducting activities at the bank or non-bank level.
Deposit insurance: We guide clients, especially new banks, through deposit insurance applications to the FDIC, with due consideration paid to how charter choice and business plans may influence approval. Our team counsels insured depository institutions and fintech partners on compliance with applicable FDIC regulations and expectations, including pass-through deposit insurance issues. We also advise depositors with respect to FDIC deposit insurance limits and alternative arrangements.
Bank Holding Company Act compliance and filings: Our team assists bank holding companies, including foreign banks with U.S. branches or subsidiary U.S. banks, among others, in navigating intricate regulatory requirements and supervisory expectations.
Controlling and non-controlling equity investments: We help clients address complex issues that relate to the Federal Reserve’s control framework and to other, related analyses, advising on permissible investments and subsidiary considerations.
U.S. entry of non-U.S. financial service providers: Whether they are contemplating controlling or non-controlling investments, chartering or acquiring a bank, or otherwise operating a non-bank entity, we guide clients through the complex web of federal and state laws and regulatory frameworks.
Examination, supervision and supervisory appeals, enforcement, and remediation: Along with providing strategic counsel for remediation or resolution, we help clients facing government scrutiny navigate the supervisory and enforcement processes, helping ensure compliance with all applicable standards.
Mergers and acquisitions of banks and holding companies: Whether they are contemplating an internal reorganization or a merger of two entities or institutions, we guide clients through the regulatory steps and considerations, ensuring compliance with applicable requirements and filings.
Corporate compliance and due diligence: Our team conducts comprehensive risk assessments, including evaluations of new products, services, or processes. These assessments help ensure clients are well informed of potential risks, whether internal or external, that can arise in connection with their business relationships, vendors, and other counterparties.
New products and services: We help streamline processes for banks and other financial services providers launching innovative financial products and services, assisting with necessary filings and communications with regulators.
Federal Reserve Master Accounts: Whether it’s addressing eligibility criteria or helping to optimize the efficiency of financial transactions, our team provides strategic counsel to entities seeking to establish or operate Master Accounts.
Defending officers and directors: When an institution is at risk, we offer advice on regulatory and supervisory expectations and on the potential liabilities for officers and directors who may be held responsible for institutional failures or other issues.
Representation and acquisition of troubled institutions: We advise various stakeholders involved with failing banks, including the individuals involved, such as depositors, investors, or potential buyers, and other counterparties.
