Holland & Knight's Banking Group thoroughly understands the fundamental concepts and interrelationships of these complex laws and regulations as well as the nuances necessary to navigate through them both safely and favorably. With a wealth of experience, a strong technical understanding, and a firm grasp of the issues that financial institutions face, our banking law attorneys formulate practical solutions to address our clients' needs.
The Regulatory Framework
Our lawyers have substantial knowledge of and experience in the federal, state, and international regulatory schemes within which banks and other financial institutions operate. We routinely represent banking clients before the Federal Reserve, the OCC, the FDIC and state banking departments. We have represented numerous institutions in the filing and processing of applications for de novo bank charters, fiduciary powers, deposit insurance, changes in bank control and bank holding company formations. For clients with a focus on Florida and/or New Jersey, our Banking Group includes a former general counsel to the Florida Department of Banking and Finance (now the Office of Financial Regulation) and a former Deputy Commissioner (and Acting Commissioner) of the New Jersey Department of Banking (now the Department of Banking and Insurance), the regulatory agencies in those states responsible for the chartering and supervision of state banks, trust companies, thrifts, licensed operations of international banking corporations and licensed nonbank lenders. Our Banking Group also includes a former enforcement attorney with the Office of the Comptroller of the Currency, the regulator of all national banks and federal savings banks.
Our International Banking Practice is diverse, both in terms of the clients we serve and the range of legal services provided. We regularly represent foreign banks, building societies, holding companies and other financial institutions seeking to establish federal branches, Edge Act corporations, international agencies or representative offices in the United States. We have worked extensively with foreign banks in the conduct of their U.S. activities and routinely represent them before the Federal Reserve, the OCC, the FDIC, and state banking agencies. We also frequently represent foreign financial institutions and foreign nationals in cross-border transactions in which they seek to acquire controlling interests in domestic banks, thrifts, and other financial institutions.
Bank Products and Services
Our team frequently provides legal advice and assistance to banks in structuring the sale and delivery of retail products and services to their customers, and in preparing the contractual documents necessary to effect the transactions. In this respect, we are knowledgeable of the privacy, licensing, and consumer protection laws and regulations governing these services and products, including the Gramm-Leach-Bliley Act, the SAFE Act, the Electronic Funds Transfer Act, Check 21, and Truth in Savings. Our lawyers routinely assist financial institutions in the development of their treasury management products and services, including positive pay agreements, remote deposit capture agreements, and ACH agreements. We also have drafted and advised banking clients on information sharing and joint marketing agreements with other financial institutions and on networking agreements with securities broker-dealers pursuant to the Interagency Statement on the Retail Sale of Nondepository Investment Products.