What is Banking Law?

Banking law is the broad term for laws that govern how banks and other financial institutions conduct business. Banks must comply with a myriad of federal, state and even local regulations. Lawyers perform a wide variety of functions that relate to creating, following and enforcing regulations.

When you need to borrow money, whether it’s to purchase a home, pay for your child’s education or finally buy that luxury item you’ve had your eye on, you want an experienced lawyer to guide you through the process. With any type of loan, you’ll encounter substantial documentation, as well as certain regulatory requirements. Because of the complexity involved, mistakes can easily be made, mistakes that can cost you time and money. You want an attorney who’s successfully handled these types of issues for individuals, someone with the experience to protect all your rights and interests.

Why do banking laws exist?

As the American economy expanded in the 20th century, lawmakers became concerned about the influence that banks have on the economy. When banks struggle, the effects spread to consumers and the public as a whole, they reason. Lawmakers create banking regulations in order to ensure that banks conduct regulations in a fair and transparent way. Banking regulations change frequently, and they remain controversial.

What do banking laws regulate?

Banking laws may exist in order to achieve many objectives. Some of these objectives include:

  • Provide transparency for consumers
  • Reduce risk for banking customers
  • Avoid misuse of banks for purposes like money laundering
  • Allow consumers to bank with confidentiality
  • Prevent other crimes
  • Prioritize bank lending according to economic and social priorities
  • Provide fair banking and equal opportunities for banking
  • Prevent terrorism
  • Create fair debt collection practices
  • Make credit card agreements fair to consumers
  • Prevent banks from making unfair loans to insiders like officers and principal shareholders
  • Allow customers to reasonably raise disputes
  • Other goals

    International Banking

    Our International Banking Practice is diverse, both in terms of the clients we serve and the range of legal services provided. We regularly represent foreign banks, building societies, holding companies and other financial institutions seeking to establish federal branches, Edge Act corporations, international agencies or representative offices in the United States. We have worked extensively with foreign banks in the conduct of their U.S. activities, and routinely represent them before the Federal Reserve, the OCC, the FDIC and state banking agencies. We also frequently represent foreign financial institutions and foreign nationals in cross-border transactions in which they seek to acquire controlling interests in domestic banks, thrifts and other financial institutions.

    Read more: https://www.hklaw.com/practices/banking-law/

    Marzoni and Banking, in summary

    Marzoni‘s banking lawyers advise both lenders and borrowers, in connection with:

    • bank loans generally

    • syndicated finance

    • leveraged finance

    • trade and emerging markets finance

    • real estate finance

    • asset-based loans

    • bridge loans

    • cross-border financing

    • investment-grade loans / working capital facilities

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