Financing and Liability Management Developments for Financial Institutions

Practising Law Institute

06/06/2011 01:00 p.m. - 02:00 p.m. EDT

Corporate Finance | Capital Markets, U.S. Federal Tax, Liability Management, Financial Services, Finance, and Structured Products

Kenneth E. Kohler

Kenneth E. Kohler


Christie Adams
(212) 336-4024

Financial regulatory reform legislation requires Federal banking agencies to establish minimum leverage and risk-based capital requirements. The legislation will effect a number of important changes for insured depository institutions and bank holding companies. Financial institutions also are evaluating the impact of the proposed Basel III framework on regulatory capital requirements. These changes will affect funding costs for financial institutions going forward. Banks should begin planning now and will be required to consider a number of alternatives.

Topics Will Include:

  • Changes effected by legislation, including minimum leverage capital and risk-based capital requirements;
    The Basel III process;
  • A review of hybrid securities (tax characteristics, legal form, ratings treatment);
    Effect of Dodd-Frank and Basel III on certain instruments, like trust preferred securities and other innovative hybrids;
    Contingent capital;
  • Effect of these developments on ratings for financial institutions;
  • Addressing outstanding hybrid securities;
  • Tax considerations; and
  • Consent solicitations, remarketings and exchange offers and other liability management options.


  • Thomas A. Humphreys
    Partner, Morrison and Foerster LLP
  • Kenneth E. Kohler
    Senior Of Counsel, Morrison and Foerster LLP
  • Anna Pinedo
    Partner, Morrison and Foerster LLP

PLI will provide CLE credit

Email Disclaimer

Unsolicited e-mails and information sent to Morrison & Foerster will not be considered confidential, may be disclosed to others pursuant to our Privacy Policy, may not receive a response, and do not create an attorney-client relationship with Morrison & Foerster. If you are not already a client of Morrison & Foerster, do not include any confidential information in this message. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.

©1996-2019 Morrison & Foerster LLP. All rights reserved.