Equipment Leasing
Many members of our team are experienced in complex equipment lease transactions, including leveraged lease and synthetic lease structures, involving a wide variety of industries such as aircraft, mining and seismic exploration equipment, manufacturing equipment, rolling stock, computer hardware and software, office equipment, and telecommunications equipment. Our equipment leasing experts are well versed in the complex financial accounting and tax treatments applicable to equipment leasing transactions and counsel clients on structuring techniques and compliance methods.
Workouts and Creditors' Rights
Our attorneys, in cooperation with Holland & Hart's Bankruptcy and Creditors' Rights Practice Group, perform collateral and documentation audits and work on the restructuring and redocumentation of troubled credits, both within and outside of bankruptcy proceedings. Our attorneys are also experienced in foreclosure matters with respect to all types of personal and real property collateral.
Bank Mergers and Acquisitions
Holland & Hart attorneys have broad experience in the representation of both buyers and sellers of banks and bank holding companies in merger and sale/acquisition transactions throughout the Mountain West.
Bank Regulatory Laws
Over the years, we have assisted a wide variety of financial institutions including thrifts, Farm Credit banks, and state and national banks and their related holding companies, with respect to state and federal regulatory compliance matters. Our experience includes the formation of bank holding companies, state and federal bank chartering, the conversion of banks to branches, advice with respect to permissible activities, regulatory administrative proceedings including contesting regulatory examination results, new product development, the development of privacy policies, advice concerning lending limits, allowable interest rates, and other restrictions on loans and deposits.
Holland & Hart lawyers closely monitor changes in the legal and regulatory environment affecting financial institutions, and we assist our clients in proactively developing compliance plans to adapt to the constantly changing regulatory environment in which they operate, including the development of compliance programs relating to money laundering and bank secrecy laws and regulations.
Bank Capital Infusions
In close conjunction with Holland & Hart's Securities and Capital Markets Practice Group, our attorneys counsel clients in the authorization and offering of additional stock for the purpose of raising capital and are well versed in the regulatory aspects of obtaining favorable capital treatment.
Consumer Credit Laws and Regulations
Holland & Hart frequently works on matters concerning consumer credit laws and regulations, including the following:
- Uniform Consumer Credit Code
- Regulation Z
- Regulation E
- Regulation M
- Real Estate Settlement Procedures Act
- Fair Credit Reporting Act
- Equal Credit Opportunity Act
Our experience in this field includes creating and reviewing forms for home equity loans and lines of credit, credit card and debit card programs, and automobile and retail installment sales contracts. We also frequently handle consumer credit matters relating to usury, permitted fees, licensing, and debt collection practices. Our attorneys also assist our financial institution clients with multistate operations in understanding the state consumer credit law variations in the Mountain West states, including through the preparation of comprehensive overviews of state consumer credit law requirements.
E-Commerce
Our attorneys regularly counsel financial institutions on the developing laws and regulations emphasizing electronic communication and commerce. These include the Electronic Signatures in Global and National Commerce Act and the Uniform Electronic Transactions Act. We have also assisted clients on projects related to Internet banking agreements, electronic bill presentment and payment, and electronic record retention programs.
Day-to-Day Operations
Our attorneys have experience in responding to questions from financial institutions regarding the myriad of matters that arise in the day-to-day operations of those institutions. Our work in this area includes access to funds in deposit accounts, handling of garnishments, responding to subpoenas and other requests for bank customer records, responding to customer inquiries, advising financial institution officers and directors with respect to their fiduciary duties, and similar matters.
Territory Expansion
We have advised several out-of-state financial institutions regarding operational issues upon their opening of facilities in certain Mountain West states.
Trust Department
Holland & Hart attorneys have provided assistance to bank trust departments with respect to the many areas in which trust departments are active, including the exercise of their fiduciary duties and powers as trustees and executors.