Bank & Finance
To serve the diverse needs of our financial services clients, our attorneys have skills and experience in regulatory and enforcement matters, M&A, finance, corporate and securities, governance, tax, estate planning, real estate, bankruptcy, employment law, compensation and benefits, and litigation.
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What We Do
Fredrikson & Byron’s Bank & Finance Group is well positioned to help our clients evaluate and respond to the challenges and opportunities facing banks and other financial services providers in the current environment. Our attorneys understand how to combine law and business for great solutions.
The principal components of our Bank & Finance practice are:
Mergers and Acquisitions, New Charters, and Related Expansions
We have in-depth knowledge of the techniques and issues involved in mergers and acquisitions, including related regulatory and tax considerations. We have worked with clients organizing and chartering new institutions, determining appropriate charter types, forming financial holding companies and bank holding companies, and establishing branches. Additionally, we have helped them start and expand insurance, broker/dealer, trust, and other financial services activities.
We work with clients in a range of secured and unsecured loan transactions and other credit transactions, including participation arrangements. We have experience with complex financing techniques such as asset securitizations and trust originated preferred securities. Our attorneys additionally concentrate on securities offerings, debt restructuring, and loan work-outs.
We provide advice and guidance to financial institutions on the numerous federal, state, and local laws and regulations that govern financial institutions and their management. Our group has experience with safety and soundness as well as consumer laws, and federal and state agencies’ enforcement of those laws through the examination process. We counsel clients on compliance issues and help address examination findings.
Enforcement Actions, Financially Troubled Institutions, and FDIC Receivership
The federal and state agencies that oversee financial institutions have extensive powers to compel action by and impose sanctions and penalties against institutions, their officers and directors, and other “institution affiliated parties.” Fredrikson & Byron’s Bank & Finance Group, which includes an attorney who formerly served as a senior official at a federal regulatory agency, counsels clients on how to avoid and respond to cease and desist orders, written agreements, memoranda of understanding, civil money penalties, and removal actions.
FDIC Receivership Matters
We are experienced in advising clients on bidding on failing institutions and purchasing assets from the FDIC. We help qualify clients with the FDIC, prepare bid packages, negotiate agreements, and monitor failed bank and loss sharing agreements.
Legislation and Emerging Issues
Given Fredrikson & Byron’s knowledge of the financial services industry, we are often called upon to provide expertise concerning proposed and pending legislation. As an example, we have worked on Subchapter S legislation and testified concerning privacy legislation. We also work with trade associations and the regulatory agencies to resolve questions raised by proposed and new regulations.
We frequently speak at regional and national banking conferences and write on banking issues. The group’s newsletter is a recognized publication providing regulatory updates and planning advice.
News & Articles
December 1, 2017
By Sjur Midness & Levi J. Smith
There are many things in life where “close enough” will work, but when it comes to filing a financing statement in a secured loan transaction, getting the name of the debtor “close enough” just won’t do.Read More
December 1, 2017
Minimum wage hike initiatives continue to garner press attention and momentum nationwide. Lobbying and pressure on the national, state and local levels continues, and a growing number of states and cities have responded.Read More
December 1, 2017
As of January 1, 2018, all Minnesota limited liability companies (LLCs) will be governed by Minnesota’s new LLC statute, Chapter 322C, including LLCs formed under the predecessor LLC statute, Chapter 322B. Chapter 322C is different in significant ways from Chapter 322B.Read More
November 1, 2017
Fredrikson & Byron has been named a Tier 1 Metropolitan “Best Law Firm” in 29 practice areas by U.S. News – Best Lawyers® in 2018.Read More
October 31, 2017
Fredrikson & Byron announces the addition of six associates to the firm’s Minneapolis office.Read More
October 17, 2017
Attorneys Kristy Dahl Rogers and Olivia N. Kilgore have joined Fredrikson & Byron’s Des Moines office.Read More
October 5, 2017
September 1, 2017
Effective for tax years beginning after December 31, 2016, a “financial institution” for Minnesota tax purposes includes both corporations and “other business entities,” such as limited liability companies, that perform financial institution activities.Read More
September 1, 2017
Community banks require a consistent flow of incoming capital for growth and success in the market. One flexible and effective method bank holding companies can use to raise capital is a stock or capital notes offering.Read More