Practice/Industry Group Overview
In the high-stakes world of banking and financial services, a 100 percent focus on business goals is key to prospering, and in many cases to survival. Achieving these objectives often requires sophisticated legal advice and foresight.
The attorneys in our Corporate and Business, Government, Insurance Services, Labor and Employment, and Professional Liability practice groups have decades of experience counseling banks, insurance companies and other financial institutions. Individually and collectively, they help tackle complex and general transactional, regulatory and dispute resolution activities.
Many Hinshaw attorneys have served in business and public service positions. Our ranks include a former Chief Counsel for the Illinois Department of Financial and Professional Regulation’s Division of Banking; former general and in-house corporate counsel to, and board members of, financial institutions; a founder of community banks, venture capital firms and other financial institutions; CPAs; and former business persons engaged in various industries. Our legal and non-legal experience, in combination with the personal, partner-level attention that we provide, allows us to forge enduring relationships with our clients that add value to their businesses.
Business and Regulatory Assistance
We help financial services companies with the full range of business activities. Specifically, we:
- Advise on the full range of securities-related issues
- Aide with a wide variety of collection and loan workout matters
- Assist with all types of commercial lending issues, including preparing all forms of commercial lending documentation
- Assist with federal and state law compliance issues, including providing representation before agencies; develop regulatory and statutorily compliant forms, procedures, products and advertising for traditional and non-traditional products and services; and draft legally compliant documents
- Counsel on bankruptcy issues
- Develop compliance-related activities
- Draft offering documents
- Organize and secure regulatory approval for bank holding companies
In addition to representing businesses before the full range of federal and state regulatory agencies, we also assist our clients with the examination process concerning various applications. Subjects that we routinely assist with in this regard include: electronic funds transfer, equal credit opportunity, funds availability, truth-in-lending and usury.
Corporate Organization and Expansion Assistance
We comprehensively represent clients in the establishment of new banks and other financial institutions. Our assistance includes handling all regulatory applications, preparing private offering circulars and helping draft bank policies.
We also have broad experience assisting financial institutions with expansionary activities. Specifically, we:
- Help with the formation of operating subsidiaries and prepare applications to obtain regulatory approval
- Develop forms and other documentation for conducting these activities and provide advice regarding relevant regulatory compliance requirements
- Help clients with the sale and purchase of loan pools, and whole loan pools and whole loan transactions
Our Mergers and Acquisition attorneys regularly handle deals involving all kinds of financial institutions. We have assisted with, in addition to many others, issues relating to obtaining state and federal regulatory approval, compliance with federal and state securities laws and regulations, and employment, environmental, ERISA and tax matters.