Our Banks & Financial Institutions Group assists banks, credit unions, private lenders, and other financial institutions with banking and compliance matters, equipment leasing, loans, credit issues, privacy concerns, and regulation with respect to state and federal laws.
See our Finance page for more information on our representation of borrowers and lenders in commercial finance transactions.
What We Do
- Regulation of Financial Institutions
- Consumer Credit
- Electronic Banking
- Equipment Leasing
- Financial Privacy
Regulation of Financial Institutions
We advise our financial institution clients in areas of regulation and compliance with applicable federal and state laws and regulations. As technology and automation allow in-state and out-of-state financial institutions to offer a wider variety of products and services to consumers, we review forms of agreements, disclosures, and security instruments to ensure compliance with applicable laws and regulations. We routinely advise out-of-state financial institutions on state licensing laws and business registration matters.
We advise our financial institution clients in areas of compliance with consumer credit laws and regulations and prepare appropriate disclosure and compliance documents.
Financial Privacy Laws
We advise our clients in the area of privacy laws governing consumer financial information, including preparation, review, and revision of appropriate policies and disclosures for compliance with applicable laws and regulations.
Managing Third-Party Risk
We review and negotiate contracts and agreements between financial institution clients and third-party vendors for consistency with regulators’ guidance on managing third-party risk.
Our Banks & Financial Institution attorneys often interface with our Litigation, Bankruptcy & Creditors’ Rights, Real Estate, Trusts & Estates, Corporate & Business, and Tax attorneys to advise clients on ad-hoc issues arising in the business of banking.
- Advise financial institutions in regulatory compliance issues, including the federal Truth in Lending Act, Real Estate Settlement Procedures Act, Electronic Signatures in Global and National Commerce Act, financial privacy laws, fair lending laws, Hawai‘i mortgage loan originator and mortgage servicer licensing laws, Hawai‘i foreclosure law, Hawai‘i usury law, and other compliance issues.
- Review forms and advise financial institution clients on disclosures when transitioning to new loan documentation and loan servicing platforms.
- Review financial institution policies and procedures for compliance with applicable laws.
- Prepare residential condominium project documentation review memoranda for lenders financing developer sales to owner-occupants or investors.