Bank Formation & Compliance Banking & Financial Services

Gunster’s Banking and Financial Services team has served financial institutions from around the world in the primary areas of formation, restructuring, and sales and acquisitions. Because of the team’s long-standing representation of domestic and foreign financial institutions, Gunster attorneys have developed a unique and distinctive pedigree in the area of regulatory law, and have had remarkable success in resolving complex issues for financial institutions clients.

In the area of formation, restructuring, sales and acquisitions, the firm’s experience includes:

  • Formation of banks, thrifts, broker dealers, investment advisors, finance companies and other financial institutions
  • Organization and structuring of financial holding companies and domestic and foreign bank holding companies
  • Licensing and establishment of the U.S. operations of foreign banks, including Florida international bank agencies and representative offices
  • Organization and licensing of financial entities in offshore jurisdictions
  • Mergers and acquisitions
  • Debt and equity offerings

In the area of securities and corporate governance, Gunster attorneys focus on:

  • Representation of public companies, boards of directors, audit and other specialized committees
  • Special counsel investigations
  • Securities reporting and compliance matters
  • Exempt transaction structuring advice
  • Initial and secondary public offerings of equity and debt
  • Trust preferred offerings
  • Private placements of equity and debt
  • Corporate governance advice

In the area of regulatory issues, our legal counsel includes:

  • General legal consultation on state and federal laws and regulations governing financial institutions
  • Legal opinions on regulatory issues
  • Audits and reviews of operations for assessment of legal compliance
  • Development of policies, procedures and systems to ensure compliance
  • Assistance in regulatory examinations and drafting responses to examination reports
  • Representation before the various regulatory agencies
  • Administrative actions such as assistance with responses to memorandums of understanding (MOUs), consent orders, supervisory agreements, prohibitions orders, civil money penalty orders, cease and desist orders and other forms of regulatory enforcement
  • Directors and officers responsibilities and liabilities

In the area of banking and financial institutions operational counsel, Gunster attorneys offer:

  • General advice and consultation on procedures and operations
  • Counseling to avoid liability and loss in bank operations
  • Development of procedures and practices to reduce exposure from day-to-day operations
  • Counseling on methods and practices to avoid loss from fraud
  • Preparation of agreements for use with customers for bank products and services
  • Review and preparation of contracts between banks and vendors

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