Greenebaum has represented over 75 banks and bank holding companies located in the South and Midwest and regularly serves the special needs of multi bank holding companies as well as community banks.

Attorneys on our Banking and Financial Companies Team apply a wide range of skills to the service of banks and other financial institutions in areas such as mergers and acquisition, product expansion and development, negotiations with banking regulatory authorities and defensive administrative enforcement actions; commercial and financial litigation, and compliance with state and federal banking and securities laws. We assist clients in establishing, capitalizing and restructuring banks and bank holding companies to meet the changing demands of this complicated industry. Our banking attorneys are regularly assisted by members of the Greenebaum’s tax, real estate and litigation practice groups, as well as our general corporate lawyers.

Our attorneys are regularly involved in providing services to our clients in a variety of areas, including:

• Secured and unsecured commercial lending, creditors’ rights matters, lender litigation and workouts;
  
  
• Financing techniques, including all types of equity and debt placement, mortgage backed securities, asset securitization transactions and other asset based financings;
  
  
• Consumer lending and other consumer financial services offered by banks, retailers, finance companies, credit card companies and others, and related federal and state regulation; 
  
  
•  Mortgage banking activities including product design and regulatory compliance matters, loan origination, loan servicing and secondary market activities;
  
  
• Corporate trust matters;
  
  
• Regulation of banks and bank holding companies, thrift institutions, "non bank" banks, limited purpose trust companies and other banking entities at the federal and state levels, including regulation by the Federal Reserve Board, the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Office of Thrift Supervision and state regulatory authorities; and
  
  
• Structuring of banking entities and transactions involving banks, including the creation of banks and "non bank" banks, interstate banking, conversions from one type of bank to another and creation of branch offices and subsidiaries, as well as mergers, acquisitions and dispositions by banks.

Recent representations include:

• Implementation of financing and capital raising techniques such as mandatory convertible debentures, and fixed and variable rate brokered financial institution certificates of deposit;
  
  
• Conversion of savings and loan companies from mutual to stock form;
  
  
• Acquisition by a bank holding company of a thrift institution;
  
  
• Conversion of a savings and loan association to a savings bank;
  
  
• Acquisition of savings bank branch deposits by commercial banks;
  
  
• Representation of both bidders and targets in hostile and friendly bank takeovers;
  
  
• Regulatory work in connection with the recapitalization of healthy and troubled financial institutions, merger agreements;
  
  
• Successful litigation resulting in the favorable interpretation of interstate banking reciprocity statutes;
  
  
• Protests of charter and branch applications;
  
  
• Structuring of issuer tender offers and redemptions;
  
  
• New bank charters and financing;
  
  
• Acquisitions and establishment of branch offices; and
  
  
• Assistance to bank holding companies and banking chains in statewide and interstate expansion.

Financial Institutions Practice

The Financial Institutions Practice at Greenebaum Doll & McDonald PLLC has been one of the most active practices in this region for over 30 years. We have represented financial institutions in over 100 acquisitions and reorganizations. We successfully advised clients in the restructuring and sale of a number of troubled institutions. Our lawyers negotiated and consummated a “stake-out” merger. We have represented financial institutions and investment banks in mutual to stock conversions of savings and loan institutions and a merger conversion. We have been involved in the implementation of innovative capital raising techniques, including the issuance of mandatory convertible debentures and trust preferred securities.

Our lawyers have successfully defended antitrust matters in the courts and with regulatory authorities. We have a long-standing working relationship with federal and state banking authorities including the Federal Reserve Board in Washington, regional Federal Reserve banks, Federal Deposit Insurance Corporation, Office of Thrift Supervision and state banking authorities.

Some highlights of our Financial Institutions Practice include:

Acquisitions and Reorganizations

• We have represented clients in over 100 bank acquisitions and reorganizations.
  
  
• Mutual to thrift conversions, including a simultaneous thrift conversion and merger with acquiring bank holding company.
  
  
• Negotiated one of a few “stake-out” mergers actually consummated.
  
  
• Negotiated expedited simultaneous recapitalization and sale of five troubled banks controlled by Jake and C.H. Butcher.
  
  
• Negotiated sale, addressed regulatory compliance issues and handled litigation matters for Peoples Bank of Northern Kentucky after Erpenbeck loan irregularities.
  
  
• Obtained favorable court decision on interpretation of interstate banking reciprocity statutes.

Bank Antitrust Advice

• Regularly provide advice and market concentration analysis to clients regarding antitrust issues.
  
  
• Successful defense of civil antitrust action to prevent in market bank acquisition.
  
  
• Represented a bank holding company in favorable Federal Reserve Bank determination to redefine its “banking market area” to permit an in market merger.
  
  
• Represented a bank before FDIC in obtaining favorable determination expanding geographic competition area across county lines to permit merger of the two largest banks in the county.

Capital Raising

We have represented issuers and underwriters in a wide range of public and private offerings. These have included common stock, trust preferred securities, senior and subordinated debt, convertible securities and asset backed certificates.

Regulatory Compliance

Our attorneys regularly advise clients on regulatory compliance matters and examination issues. We stay abreast of the latest Federal and state banking regulatory issues. We can expeditiously resolve troublesome issues through informal inquiries to appropriate regulatory authorities. Where appropriate, more formal procedures are followed to seek relief from onerous regulatory orders or requirements.