Banking & Financial Services
In a fast-paced global economy, banks and financial institutions have come to depend on AVILA’s deep understanding of their industry and the law to help with every aspect of their business.
As a banking or finance professional, you may be constantly challenged by the rapidly evolving regulatory landscape, the pace of innovation, emerging competition, and changing consumer demands. Foreign and domestic financial institutions rely on AVILA’s highly-regarded lawyers to counsel them across a wide range of legal matters, from day-to-day issues to their most complex regulatory compliance and international matters. For decades, our banking and financial services attorneys have assisted all types of financial services providers with financing issues, enforcement actions, mergers and acquisitions, licensing and corporate needs, providing innovative and highly effective legal solutions to solve any challenge.
From asset-based loans, lending and factoring to mortgage brokering, capital raises and investments, AVILA has the depth and sophistication necessary to counsel financial institutions on a variety of legal matters. Our clients include all types of financial service providers, including domestic and foreign banks, broker-dealers and RIAs, commercial lending companies, retail installment businesses, mortgage brokers and lenders, money services, and fintech companies.
- Registered investment advisors (RIAs)
- Commercial lending companies
- Motor vehicle financing companies
- Retail installment companies
- Consumer finance organizations
- Mortgage brokers, lenders, and servicers
- Money services businesses (MSBs)
- Stored value card issuers and program managers
- Fintech companies
Whether your organization is considering an ambitious expansion or dealing with compliance challenges, AVILA’s attorneys are accustomed to working across practice areas to combine their expertise and provide you with business-oriented advice to achieve your goals.
Regulatory and compliance
- KYC, BSA/AML and OFAC compliance
- Internal investigations
- Enforcement actions
- Consumer compliance
- Privacy and data security
- Electronic payments (Regulation E)
- ACH-related matters
- Bank holding company regulation
- State and federal bank regulation
- Dodd-Frank Act
Represented a major New York financial institution in overturning an adverse decision by the Florida Office of Financial Regulation (OFR), which permitted the institution to pursue its expansion and restructuring objectives.
Successfully represented financial institutions with deferred prosecution agreements and federal grand jury investigation with respect to deficiencies in anti-money laundering program, in some cases resulting in the termination of the investigation.
Represented directors and officers in civil monetary penalty proceedings and indemnification proceedings.
Regularly represent banks and institution-affiliated parties in golden parachute applications and proceedings with the FDIC.
Represent a financial institution in responding to FinCEN subpoenas in connection with a regulatory investigation.
Assisted several financial institutions and money service businesses in the successful development and implementation of AML/BSA programs to address regulatory concerns.
Represented Puerto Rico-based international financial entities in dealing with compliance issues arising from their correspondent accounts with the Federal Reserve Bank of New York.
Licensing, corporate, mergers and acquisitions
- Bank mergers & acquisitions
- Representation of foreign institutions and individuals in acquisition and investment in domestic financial institutions
- Representation before all federal and state regulatory agencies
- Foreign bank operations in the U.S., including establishment of branches, agencies, and representative offices
- Capital raises and investments
- Establishment and representation of de novo banks
- Bank holding company formation and regulation
Represented Bando de Credito e Inversiones, S.A. (BCI) in connection with its $883 million acquisition of City National Bank of Florida from Spanish bank Bankia, S.A., including U.S. regulatory filings.
Represented BCI and City National Bank of Florida in the acquisition of Total Bank in Miami from Banco Santander.
Represented BCI and City National Bank of Florida in the acquisition of Executive National Bank in Miami, FL.
Represented Banesco USA in the acquisition of Brickell Bank (f/k/a Espirito Santo Bank.)
Represented Continental National Bank in the sale of the bank to First American Bank.
Represented a foreign individual investor in the acquisition of Intercredit Bank N.A.
Represented a foreign individual investor in the acquisition of Anchor Bank in Palm Beach Gardens, Florida.
Represented BAC Florida in the sale of the bank to Brazilian bank Bradesco.
Represented other domestic and foreign financial institutions and individuals in establishing broker-dealer and registered investment advisor operations in the U.S.
Represented the shareholders of Union Credit Bank in the sale of a controlling interest to the Apollo Group.
Represented numerous foreign banks in establishing representative offices, agencies, and branch offices in the U.S.
Obtain money services business licenses for money transmitters, check cashers, payment instrument sellers, stored value card issuers and money exchange businesses in various states.
Obtain licensing and analyze licensing requirements for mortgage lenders, servicers, and brokers in various states.
Financial institutional financing
- Asset-based financing
- Term and equipment financing
- Commercial real estate loans
- Construction loans
- Acquisition financing
- SBA lending
- Trade financing
- Factoring and note discounting
- Receivables, vendor, and supply chain financing
- Export credit financing
- Securities account financing
- Floor planning and vehicle financing
- Hard money loans
- Bridge loans
- Shareholder loans
- Convertible loans and notes
- Private mortgage
- Preferred equity financing
- Mezzanine financing
Secondary market and lender transactions
- National syndicated loans
- Club deal loans
- Assignment of existing loans
- Post-closing actions/restrictions advice
- Foreclosure and/or litigation
Represented several financial institutions with the implementation of their Main Street Lending Program and the closing of a substantial number of program loans, ranging between $1 million and $35 million.
Represented a foreign investment fund in connection with its U.S. $175 million equity and debt investment in a U.S.-based hospitality group owning multiple high-end resort and condominium projects throughout the U.S. and the Caribbean.
Represented a client with the sale of a $79 million construction loan to a large domestic bank.
Represented a large Latin-American financial institution in connection with their borrowing of a $325 million syndicated interbank credit facility from a European syndicate.
Represented a domestic community bank in purchasing a $30 million participation in a Florida project finance loan.
Represented a lender with a $111 million gap financing transaction involving the assignment of certain rights under a construction contract with the Florida Department of Transportation (DOT). The project was the first of its type in Florida.
Outside general counsel representation
- Corporate and governance matters
- IT and other vendor management
- Director liability
- Independent board counsel
- Day-to-day legal matters and general corporate overflow
Currently serve as outside general counsel to several local financial institutions, assisting them on their day-to-day corporate governance, regulatory, and transactional matters. We regularly attend board of directors’ meetings to advise stakeholders on these issues.
Regularly advise financial institutions on IT and vendor management matters, including the creation of vendor management processes and negotiation of vendor contracts.