Services provided by our bank regulatory lawyers include advice and counsel regarding:
- M&A – the unique bank regulatory requirements for structure and approvals of mergers, acquisitions, strategic alliances, spin-offs and divestitures, asset purchases and sales, joint ventures and controlling investments in banks.
- Corporate Governance – board composition, regulatory expectations for risk management and internal controls, director and officer duties and responsibilities and other corporate governance matters.
- Capital, Deposits and Liquidity – bank capital raising transactions; the regulatory capital implications of specific capital instruments, assets, liabilities and investments; and deposit structures and regulatory liquidity risk management expectations.
- Supervisory and Enforcement Matters – applications, examinations, investigations and enforcement matters before the Federal Reserve, OCC , Federal Deposit Insurance Corporation, Consumer Financial Protection Bureau and state regulators and negotiating and implementing action plans for resolution of supervisory concerns.
- Charters, Insurance and Licenses – obtaining federal and state bank, thrift, trust and special purpose charters, federal deposit insurance and all types of state financial services licensing, including mortgage, consumer lending and money transmitter licensing.
- Risk Management and Compliance – complex requirements affecting both depository institutions and other providers of financial products and services, including the performance of risk assessments, negotiation of agreements and the development and implementation of enterprise risk management and consumer and other compliance programs.
- Monitoring Regulatory Developments and Advocacy – current and anticipated federal and state legislation, regulation, supervisory guidance, enforcement actions and examination trends; drafting comment letters; and providing resources for direct advocacy.
- Non-Traditional Activities – product design and regulatory approvals for nonbanking products and services, including trust, broker-dealer, investment adviser and insurance agency operations or subsidiaries; offering loan and deposit products to customers of securities affiliates; and offering banking and related financial products and services through insurance, investment management and nonbank commercial companies.
- Consumer Financial Services – federal and state laws governing delivery of consumer financial products and services by bank and nonbank firms, including deposit products, loan products (e.g., mortgage, auto, education and retail installment), card products (e.g., credit, debit and stored value), trust and asset management products and electronic banking services.
- Other Specialty Areas – payment systems regulation, mortgage lending and servicing, financial privacy and data security, BSA/AML and OFAC compliance, the Volcker Rule, CRA , consumer remittance transfers and BOLI .
Bringing Value to Our Clients
We provide a practical, results-driven approach to navigating the complex landscape of regulation, and we always seek to translate even the most technical issues into actionable guidance and counsel.
Our bank regulatory lawyers are located in Atlanta, New York, Washington, DC and other offices of the firm. In addition to decades of counseling on the laws governing banking and the movement of money, our expertise is bolstered by significant tenures with the federal government, including the Federal Reserve and the Consumer Financial Protection Bureau. Our lawyers have longstanding relationships with the principal bank regulatory authorities at both the federal and state levels.
Our bank regulatory practice is aligned closely with the full interdisciplinary resources of Alston & Bird, including lawyers with expertise in corporate governance, M&A, payment systems, financial services litigation (including troubled bank matters), privacy and data security, investment products and services, REITs, securities, derivatives, commodities regulation, insurance regulation, trade finance and sanctions, tax, unclaimed property, debt financing and securitization, structured finance, private equity, employee benefits and legislative affairs.