Brian R. Marek

Brian’s practice focuses on corporate and regulatory representation of representation of community banks, their owners and holding companies. Brian’s practice focuses on corporate and regulatory representation of representation of community banks, their owners and holding companies.

• Mergers and acquisitions of healthy and troubled banks, branch sales and purchases, failed bank acquisitions and mergers of equals.
• Asset purchases; changes in control involving both US citizens and foreign nationals; issues regarding risk-based and leverage capital; securities offerings; negotiation of administrative actions; response to civil money penalty referrals and general compliance issues.
• Public and private capital formations and restructurings, tender offers, stock splits and reverse stock splits, and going private transactions.
• Assisting community banks in making Subchapter S federal income tax elections.
• Negotiation of regulatory enforcement actions on behalf of troubled financial institutions and preparation of capital plans, strategic plans, succession plans and other actions to comply with regulatory administrative actions.
• Advising on officer and director compensation packages, stock option plans, ESOPs and KSOPS, and change in control agreements.
• General regulatory work including lending limit, Affiliates Act, Regulation O, AML/BSA and fair lending advice.

Brian is a frequent writer and speaker for community bank groups, including state affiliates of the Independent Community Bankers of America.