Corporate and Regulatory Matters

The banking industry is one of the most highly regulated in the country. Our banking specialists lead clients through the regulatory maze. We have assisted clients in the formation of more than twenty bank holding companies in the state of Michigan and over the last several years have helped with the formation of eleven new banks in the state.

With the assistance of other Varnum attorneys and legal assistants, our banking specialists also provide financial institutions with executive compensation, securities, litigation, employee relations, environmental, trademark and other services.

Our banking specialists can quickly provide guidance on complex issues from federal and state regulatory agencies.

Loan Transaction Services

Varnum provides complete services to both lenders and borrowers in connection with the negotiation, documentation and closing of commercial and real estate loans. Basic services include preparing and/or renewing commitment letters, performing due diligence, handling collateral priority and perfection issues, drafting and negotiating transaction documents and loan terms, and conducting closings. In the course of such representation, we also regularly provide advice in a number of substantive areas that are indirectly related to lending, including real estate title issues, regulatory issues (including analysis of environmental risks), title and ownership issues involving special types of collateral (e.g., aircraft, intellectual property), and questions concerning insolvency, bankruptcy and fraudulent conveyance risks.

Varnum attorneys also frequently advise business clients in connection with their commercial financing arrangements, providing assistance at all stages of a loan transaction through the closing. The types of services most often provided include document review and analysis; negotiation of loan and document terms; and assistance with closing requirements. We also frequently render third-party opinions on behalf of business clients to lenders and other transaction parties.

Loan Workout Services

Varnum's experience and expertise in loan work also complements our attorneys' ability to provide loan workout counsel to our clients. Varnum attorneys have assisted both borrowers and lenders in efficiently addressing troubled loans by preparing practical advice geared toward achieving realistic goals.