Pros and Cons of Bank Holding Companies: Determining Whether a Bank Holding Company Structure Makes Sense for Your Bank
This program is cancelled
A live 90-minute premium CLE video webinar with interactive Q&A
This CLE course will examine the pros and cons of operating under a bank holding company or financial holding company (collectively, BHC) vs. a simple stand-alone bank structure. The presentation will include a discussion of the federal laws and regulations regarding permissible activities for banks and their holding companies.
Outline
- Regulatory framework for banks
- Bank holding companies and financial holding companies
- Small BHC policy statement: impact on banks with under $3 billion in assets
- Disadvantages of BHCs
- Advantages of BHCs
- Eliminating or creating a BHC for an existing bank: procedural issues
Benefits
The panel will review these and other key issues:
- What kinds of activities and investments are allowed for banks beyond traditional banking activities?
- What are the additional operational flexibilities of BHCs?
- How does the Small BHC Policy Statement impact the analysis for banks with under $3 billion in assets?
- What are the regulatory and cost considerations of forming and operating as a BHC?
- When might it be desirable to dissolve or create a BHC for an existing bank?
Faculty
Matthew Bisanz
Partner
Mayer Brown
Mr. Bisanz counsels domestic and global financial services firms on a variety of banking and derivatives regulatory... | Read More
Mr. Bisanz counsels domestic and global financial services firms on a variety of banking and derivatives regulatory issues. He advises financial institutions on core bank regulatory issues and adjacent subject matter domains. Mr. Bisanz is knowledgeable in all major aspects of the operations of an insured depository institution, its affiliates, and its partners—including chartering, acquisition, and permissibility analyses; ongoing risk management, governance, and compliance requirements; and insolvency and resolution issues. He also advises clients on Dodd-Frank Act compliance issues, including the Volcker Rule, capital and liquidity requirements, Reg YY enhanced prudential standards, and Title VII compliance. Further, his practice extends to the other regulatory and risk management needs of the firm’s financial institution clients through counseling on regulatory inventories and change management, cybersecurity and data privacy concerns, and anti-money laundering compliance. Mr. Bisanz currently serves as the Vice-Chair of the American Bar Association’s subcommittee on banking legislation and regulation.
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Christine Andrea Docherty
Counsel
Goodwin Procter
Ms. Docherty has two decades of experience in banking supervision, regulation, and enforcement as well as over a decade... | Read More
Ms. Docherty has two decades of experience in banking supervision, regulation, and enforcement as well as over a decade of experience in the development and implementation of banking regulations and financial stability and monetary policy. She provides practical advice to community banks, regional banks, and international and systemically important financial institutions, taking into account a wide variety of perspectives and leveraging her central bank, in-house, and private practice experience. Ms. Docherty advises financial services clients on transactional and regulatory matters under state and federal law, including: bank chartering, mergers and acquisitions, internal restructurings and expansions; bank powers and activities, including permissible investments for state-chartered banks, national banks and bank holding companies, as well as investments in financial institutions; corporate governance, compliance with capital, liquidity, affiliate and insider transaction and resolution planning requirements; Fintech partnerships and payment systems issues, including master account access; and internal investigations and audits, bank regulatory agency inquiries, investigations and enforcement actions, and enforcement action remediation.
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Carleton Goss
Partner
Hunton Andrews Kurth
Mr. Goss leverages his experience as a lawyer with the Office of the Comptroller of the Currency to resolve financial... | Read More
Mr. Goss leverages his experience as a lawyer with the Office of the Comptroller of the Currency to resolve financial institutions’ most complex regulatory and enforcement matters. He also counsels financial institutions on mergers and acquisitions and securities offerings. Mr. Goss’ close collaboration with seasoned bank examiners on the supervision of problem institutions assigned to the OCC’s Special Supervision unit, as well as his role with multiple rulemakings under the Dodd-Frank Act, give him a unique, insider’s perspective on bank regulatory compliance, supervision, enforcement and public policy. Coupled with his investigative and enforcement experience acquired representing financial institutions before the CFPB, OCC, FinCEN, Federal Reserve, the FDIC and others while serving in the Financial Institutions group of a Washington, DC law firm, and corporate experience in mergers and acquisition and securities offerings, Mr. Goss is uniquely qualified to advise financial institutions on virtually all aspects of their operations.
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