Bank Regulations, Secured Transactions, Commercial Lending & Consumer Protection
Friedman & Frost provides comprehensive advice and support for clients navigating banking regulations, engaging in secured lending, commercial borrowing and lending, commercial torts and lender liability claims, receiverships, creditors' rights in bankruptcy, and Assignment for Benefit of Creditors proceedings. Our lawyers ensure our clients are compliant and informed of current law and regulations.
Banking Transactions, Regulations and Rights
The Federal Reserve manages the nation's money supply so as to stabilize inflation or deflation, moderate long-term interest rates, and maximize employment opportunities. Lenders’ and borrowers’ opportunities rise and fall in relation to these systemic pressures. The attorneys at Friedman & Frost work closely with financial institutions and borrowers to craft and implement strategies to capitalize on opportunities. The scope of our practice encompasses:
- Affiliate or insider relationships
- Anti-money laundering rules
- Capital adequacy regulations
- Collections litigation
- Compliance with State law
- Conflicting claims against accounts
- Creditor and debtor rights litigation
- Creditor rights in bankruptcy
- Director and officer rights and claims
- Federal Deposit Insurance Corporation matters
- Federal Reserve matters
- Lien law
- Office of the Comptroller matters
- Participation agreements
- Post-judgment rights and remedies
- Pre-judgment garnishment, attachment and replevin
- Receiverships and Assignment for Benefit of Creditor proceedings
- Sarbanes-Oxley violations
Secured Transactions
Lenders may secure loans made to borrowers by requiring collateral. In the event of default, the rights of the parties in the collateral used to secure the loan become subject to conflicting claims of right and interest. There are limits to what types of collateral may be used to secure a loan. Friedman & Frost, P.L. can advise you about any of the following legal issues:
- Securitization
- Derivatives
- Investment securities
- Letters of credit
- Audits
- Loan workouts
- Restructuring and reorganization
- Remedies
Commercial Lending and Borrowing
Securing financing for business development or expansion can be difficult. Credit checks and due diligence may reveal risks or liabilities that could raise interest rates on the loan or otherwise impact the eligibility of your business for financing. The attorneys at Friedman & Frost, P.L. regularly advise clients about the following legal issues:
- Promissory notes
- Secured and unsecured loan matters
- Security and guaranty agreements
- Blocked accounts
- Deposit account control agreements
- Joint accounts
- Revolving credit
- Lines of credit
- Term loans
- Equipment leasing and finance
- Letters of credit
- Mergers and acquisitions
- Purchase and sale agreements
- Reorganization
- Organization of holding companies
