Phil Feigen brings a unique perspective to providing general corporate advice, as well as complex business counsel to clients in ever-changing regulatory environments. For more than 25 years, Phil has been providing guidance with respect to investment funds, Small Business Investment Companies and other Small Business Administrative regulations (including the recent PPP rules), federal and state banking laws and federal securities laws.

Phil is recognized as a go-to lawyer for formation and licensing of SBICs, as well as post licensing and transactional regulatory advice. He uses his knowledge of the regulations and relationships with the SBA to guide clients through both routine and difficult regulatory issues. Phil focuses on helping clients through the SBIC licensing process so that they may realize the benefits of the program and increase the amount of investment dollars they are able to manage in their funds.

Phil also has sophisticated experience representing both private and public financial institutions in corporate transactions, as well as general and complex bank regulatory issues.

Further, Phil assists both start-up and large companies with general corporate matters. He also routinely negotiates with federal and state regulators in order to problem solve significant compliance issues. Phil is experienced in corporate compliance, proxy contests, fiduciary duty issues and general SEC registration and ongoing compliance advice.

  • Led multiple transactions where a number of multi-billion dollar Farm Credit banks raised $650 million in preferred stock
  • Assisted over 300 companies with applications, forgiveness, and necessity questionnaires with respect to US Paycheck Protection Program 
  • Represented Tampa based fund in forming form a $100 million Growth Equity Fund and a Licensed Small Business Investment Company that specializes in equity investments to qualified small businesses. Assisted the Florida based fund with a $40 million specialized, designated Opportunity Zone (OZ) fund that only makes investment in qualified opportunity zones (low income or rural location) and qualified opportunity zone businesses. All of the investors received preferred tax treatment for this community-based investment and bank investors also receive Community Reinvestment Act credit.
  • Represented client on a $250 million private fund, which is a specialized fund investing in minority- and women-owned businesses. Through the work done with Polsinelli, bank investors will receive Community Reinvestment Act credit.
  • Represented a mid-Atlantic based fund on a $300 million Licensed Small Business Investment Company that specializes in debt and equity investments to qualified small businesses. 
  • Advised Utah based fund on a $75 million Licensed Small Business Investment Company that specializes in equity investments to qualified small businesses in the technology sector. All of the bank limited partners are large financial institutions that receive Community Reinvestment Act credit for their investment in the fund.
  • Represented multiple banks in making investments in over 30 different Small Business Investment Companies. In each transaction, the bank became a limited partner in the SBIC. Representation included due diligence on the SBIC, preparation of an investment memorandum, negotiation of the terms of the limited partnership agreement and negotiation of individual side letters.
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