Financial Institution Regulation

Attorneys at Bybel Rutledge LLP have significant experience in representing financial institutions. These representations include de novo institutions, community institutions and regional bank holding companies. We know the industry and we know the players. We also have the expertise within the Firm to provide seamless legal services needed by financial institutions over a broad range of subject areas.

Our attorneys have advised on the successful formation of over 26 de novo state and federally-chartered financial institutions in Pennsylvania and North Carolina. In addition, we possess significant experience in advising on mergers and acquisitions among and between financial institutions and their holding companies as well as financial institutions purchasing branches, insurance agencies, title companies, real estate brokers, securities brokerage firms and investment advisers.

We actively advise management and boards of directors on trends in the industry and how each client can position itself to take advantage of growth opportunities and become a stronger market participant.

De Novo Financial Institutions

We place significant emphasis on counseling the organizers as to their duties and responsibilities in forming a new financial institution. We advise on choice of charter, the regulatory application and approval process, and the initial public offering of capital stock. Thereafter, we provide legal support on operational matters such as drafting or reviewing contracts, human resources policies and executive employment agreements.

Bank Holding Companies

We advise on all issues relating to bank holding company formations, including compliance with the Pennsylvania Business Corporation Law. We draft articles of incorporation and bylaws, anti-takeover defenses, proxy statements, regulatory applications and communications with shareholders.

If a bank holding company becomes subject to SEC reporting requirements, we are able to provide practical legal advice to management on all SEC compliance obligations applicable to publicly held companies. We also advise on creation of dividend reinvestment and stock purchase plans, employee stock purchase plans and shareholder communication programs. In addition, we help implement share buy back programs that comply with SEC requirements.

Securities Offerings

Our attorneys have special expertise in advising financial institutions on the offer and sale of their securities. In this regard, we have counseled financial institutions on offerings of trust preferred securities, subordinated debentures, private placements and underwritten public offerings of capital stock.