Banking and Financial Institutions

The Banking and Financial Institutions group at Polsinelli Shughart PC has extensive experience advising financial institutions and their related holding companies with respect to a broad range of corporate and business issues, including the initial formation of financial institutions and their holding companies, capital raising, establishing new branches, mergers and acquisitions, compliance with regulatory requirements, director and officer responsibilities and reporting, employment matters, and day-to-day matters of operation. Our attorneys have represented financial institution clients in adversarial proceedings before various financial institution regulatory agencies and have advised clients in their response to cease and desist orders, memorandums of understanding, and other enforcement actions. We also work closely with our practice group that documents and enforces loan agreements.

Our lawyers have orchestrated a number of bank formations, holding company formations and stock offerings (both initial stock offerings and secondary offerings). This includes the establishment of various branch locations, including branching into neighboring states. We have helped financial institution clients organize and operate bank-related subsidiaries (both at the holding company and the financial institution level), establish trust company operations, and gain approval of insurance agency activities and investment advisory services.

The firm’s lawyers have represented numerous clients in the merger, acquisition and divestiture of financial institutions and their holding companies. This includes all aspects of such transactions including federal and state securities issues, regulatory applications, and acquisition financing. We have served as issuers’ counsel in various public and private placements of bank and bank holding company securities.

Several attorneys in the financial services department have served as general counsel for both state and federal financial institutions and their holding companies. In such capacity, the firm's attorneys monitor and advise clients about all laws and regulations affecting these institutions, including providing day-to-day advice on such matters as truth-in-lending, The Bank Secrecy Act, and the Gramm-Leach-Bliley Act. We have further advised executive officers and boards of directors with respect to their responsibilities and obligations including compliance with the Sarbanes-Oxley Act, TARP requirements, and other regulatory regimes. At times, we have helped organize and lead the process of strategic planning of various organizations. Our day-to-day work includes the establishment of employee benefit plans and ESOP’s and the numerous issues that arise regarding personnel.

Polsinelli Shughart attorneys represent financial institutions before federal and state regulatory agencies concerning compliance and regularly interact with the staff of these agencies. We appear on behalf of financial institutions and their holding companies as part of the examination process and with the filing and approval of various applications, as well as advising such clients with respect to ongoing compliance with federal and state laws and regulations, as well as regulatory enforcement actions.

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Notable Experience

  • Closed over $73,000,000 in issuances of securities to the U.S. Treasury through the TARP Capital Purchase Program for eight bank holding companies, three of which are S-corporations.
  • Represented multiple bank holding companies with compliance with requirements necessary to convert from C-Corporations to an S-Corporations, including conducting squeeze-out mergers to reduce the number of shareholders.
  • Represented four banks in reorganizations to form bank holding companies.
  • Successfully formed and chartered three de novo banks in the State of Missouri.
  • Represented numerous financial institutions and their holding companies with federal and state cease and desist order, memorandum of understanding, and other enforcement action compliance.
  • Represented numerous financial institutions in dealing with the FDIC as receiver with respect to loan participation issues and in bidding on assets of failed institutions.
  • Represented Boards of Directors of bank holding companies in connection with FDIC receivership of the underlying banks.
  • Have assisted numerous bank holding companies in forming special asset subsidiaries to purchase troubled assets from subsidiary banks.
  • Represented NASDAQ-listed thrift holding company headquartered in Illinois in its $22 million acquisition of a bank holding company.
  • Represented a Missouri bank holding company in its $12.9 million acquisition of another bank holding company and merger of the underlying banks.
  • Represented parent bank holding company in its tri-bank merger where three subsidiary banks were merged into one national association.
  • Represented a newly formed corporation in its $8 million acquisition of a bank holding company and related holding company formation.
  • Represented a Missouri bank holding company in its $6 million acquisition of another bank holding company.
  • Represented troubled banks in Missouri and Illinois in strategic sales to other bank holding companies.
  • Represented multiple banks in sales and purchases of branches.
  • Represented multiple banks in charter sale and purchase transactions.
  • Since January 1, 2007, the Banking and Financial Institutions Group has represented fourteen bank holding companies in private common stock offerings with an aggregate value of nearly $150 million.
  • Since January 1, 2007, represented four bank holding companies in private preferred stock offerings with an aggregate value of $28 million and another bank holding company in its $2,000,000 offering of subordinated debentures.
  • Since January 1, 2007, represented two publicly held holding companies in registrations of securities with an aggregate par value over $7 million.

Awards & Recognition

March 9, 2010
October 27, 2009
Another award? We’ll take it. Polsinelli Shughart PC is excited to announce that 69 of our attorneys are included in the Super Lawyers® 2009 list for Missouri and Kansas. Attorneys from all the major offices of Polsinelli Shughart in Missouri and Kansas are represented among the honorees. Only five percent of attorneys in Missouri and Kansas receive this honor. In addition, Chairman Emeritus R. Lawrence Ward is featured in a Q & A editorial article “Brilliant Careers,” interviewed about his most interesting cases and advice for young lawyers.