- Bond Counsel Corner
- February 10, 2016 | Author: John M. Kamins
- Law Firm: Foster, Swift, Collins & Smith, P.C. - Farmington Hills Office
- Foster Swift is a nationally recognized Bond Counsel and Disclosure Counsel firm. We advise and represent Michigan townships, cities, counties, villages, school districts, libraries, drainage districts and other clients on the full spectrum of bonds, public finance and public private partnerships (P3). This includes USDA Rural Development (RD) loans for eligible borrowers. We serve these clients statewide from our Lansing, Grand Rapids and Oakland County offices, all listed in The Bond Buyer’s Municipal Marketplace (aka the “Red Book”), the national directory of municipal bond lawyers.
Our Public Finance practice has earned a reputation for excellent, efficient and highly responsive service to our clients. We counsel and lead them from their earliest inquiry on financing a project or refinancing debt, through every step of planning, authorizing, securitizing, selling and issuing their tax-exempt or taxable bonds, notes and installment purchase agreements.
When engaged as Disclosure Counsel, we advise and assist issuers on fulfilling their disclosure obligations for new bond issues and their continuing disclosure obligations thereafter. We have drafted a city’s bond disclosure policies and procedures and trained and annually retrained its officials on performing their disclosure responsibilities under federal securities laws.
Our bond-financed projects run the gamut from public buildings and equipment, streets, bridges, drains, water supply and wastewater treatment systems, museums, stadiums, charter schools, hospitals and 501(c)(3) facilities to manufacturing and solid waste disposal facilities, as well as financing and refinancing city and county unfunded accrued actuarial liabilities for pensions and retiree medical benefits (OPEB).
We advise municipal clients on state laws and federal tax and securities laws and regulations. We draft their ballot proposals, bond authorizing ordinances and resolutions, notices of intent, intergovernmental contracts, official statements, continuing disclosure agreements, applications for Michigan Department of Treasury approval (when needed) and other essential resolutions, contracts, opinions and proceedings.
Besides our local governmental clients, Foster Swift has served as Bond Counsel to the State of Michigan, the Michigan Finance Authority and the Michigan Strategic Fund. When we are not an issuer’s counsel, we sometimes are the underwriter’s or placement agent’s counsel for municipal bonds. We also counsel clients on defaulted and troubled bond issues.