Banking and Lending Institution Forms With Commentary and Checklists

Banking and Lending Institution Forms with Commentary and Checklists is a complete banking and lending encyclopedia of forms addressing all types of lending, leasing, financing, bank operations, and compliance. The forms and checklists are provided by practicing attorneys who specialize in the area addressed, and include alternative language for varying circumstances. Forms range from the simplest transactions to highly sophisticated, complex transactions.

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A must have for commercial and banking attorneys and professionals, Banking and Lending Institution Forms with Commentary and Checklists contains forms ranging from the simplest contracts to highly sophisticated, complex transactions. Most chapters in the four-volume publication provide a basic overview of the area followed by specific forms and checklists. Documents are written with the protection of the lender in mind and many contain alternative clauses allowing the user to make decisions based on specific situations.

This timely manual provides many tools designed to make your drafting easier and more reliable, including:

•  More than 1,200 forms
•  Complete scope of coverage, addressing all areas of banking and lending
•  Forms drafted by leading practitioners in all areas of banking and lending
•  Alternative clauses for many forms, allowing you to tailor a form to your specific situation or that of your client
•  Checklists accompany some forms to help ensure no requirement is overlooked and that forms are thoroughly completed
•  Periodic updates, to keep forms current and to address new developments in banking


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Table of contents

SUMMARY OF CONTENTS

VOLUME 1

PART 1 COMMERCIAL LENDING

1A PRELIMINARY DOCUMENTATION

1B LOAN DOCUMENTATION

1C FACTORING

1D LOAN SERVICING AND REVIEW

PART 1.1 OIL AND GAS RESERVE LENDING

1.1A LENDING AGAINST OIL AND GAS RESERVES

PART 2 EQUIPMENT LEASING

2A LEASES OF BUSINESS OR COMMERCIAL PROPERTY

2B SALES FINANCE DOCUMENTS

PART 3 REAL ESTATE LOANS

3A LOANS ON INCOME OR BUSINESS PROPERTY

3B SINGLE-FAMILY FIRST MORTGAGE LOANS

3C HOME EQUITY LOANS AND LINES OF CREDIT

3D SECOND MORTGAGE CLOSED-END LOANS

3E COOPERATIVE LOANS

3F ASSIGNMENTS OF LIFE AND CASUALTY INSURANCE

3G ENVIRONMENTAL REQUIREMENTS

3H OPINION GUIDELINES FOR HUD AND FHA MULTI-FAMILY LOANS

3I MORTGAGE WAREHOUSING AGREEMENTS

VOLUME 2

PART 4 FARM LOANS

4A APPLICATIONS AND SUPPORTING DOCUMENTS

4B CONSIDERATION OF APPLICATION

4C LOAN AND SECURITY AGREEMENTS

4D LOAN SERVICING AND REVIEW

PART 5 CONSUMER LENDING

5A WHAT IS CONSUMER CREDIT

5B CREDIT APPLICATIONS

5C CONSIDERATION OF APPLICATIONS

5D LOAN OR CREDIT DOCUMENTS

5E CREDIT CARD ARRANGEMENTS

5F TRUTH-IN-LENDING DISCLOSURES AND PROMISSORY NOTE

5G [Reserved]

5H LOAN SERVICING AND REVIEW

5I SERVING OF CREDIT CARD PROGRAMS

BANKING AND LENDING INSTITUTION FORMS

5J RETAIL INSTALLMENT

5K LEASES OF PERSONAL, FAMILY, OR HOUSEHOLD PROPERTY

PART 5.1 DEBTOR-IN-POSSESSION FINANCING

5.1A SAMPLE FINANCING ORDERS

5.1B POSTPETITION LOAN DOCUMENTS

5.1C SAMPLE LOCAL RULES ON FINANCING

PART 6 PROMISSORY NOTES

6A ORDER PAPER, BEARER PAPER, AND SERIES NOTES

PART 7 GUARANTY, SURETY, AND INDEMNITY AGREEMENTS

7A GUARANTY AND SURETY AGREEMENTS

7B INDEMNITY AGREEMENTS

PART 8 INTERCREDITOR AGREEMENTS

8A INTERCREDITOR AGREEMENTS AND PARTICIPATIONS

PART 8.1 LEGAL OPINIONS

8.1A THIRD-PARTY LEGAL OPINIONS IN CREDIT TRANSACTIONS

PART 8.2 ESCROW AGREEMENTS

8.2A ESCROW AGREEMENTS IN COMMERCIAL TRANSACTIONS

PART 9 LETTERS OF CREDIT

9A COMMERCIAL LETTERS OF CREDIT

9B STANDBY LETTERS OF CREDIT

PART 10 LOAN WORKOUTS

10A DOCUMENTATION

PART 11 NOW ACCOUNTS

11A INTRODUCING AND OPENING ACCOUNTS

VOLUME 3

PART 12 CHECKING AND SAVINGS ACCOUNTS

12A OPENING ACCOUNTS GENERALLY

12B PERSONAL OR INDIVIDUAL ACCOUNTS

12C JOINT ACCOUNTS

12D BUSINESS ACCOUNTS

12E UNINCORPORATED ASSOCIATIONS, NONPROFIT CORPORATIONS, CLUBS, OR SOCIETIES ACCOUNTS

12F FIDUCIARY ACCOUNTS

12G CHRISTMAS CLUB ACCOUNTS

12H SERVICING ACCOUNTS

12I REPURCHASE AGREEMENTS

PART 13 MONEY MARKET ACCOUNTS

13A OPENING ACCOUNTS

13B SERVICING ACCOUNTS

PART 14 CERTIFICATE OF DEPOSIT ACCOUNTS

14A SIGNATURE CARDS AND AGREEMENTS ESTABLISHING ACCOUNTS

14B CERTIFICATES OF DEPOSIT

14C WITHDRAWALS

PART 14.1 CONTROL AGREEMENTS

14.1A CONTROL AGREEMENTS

PART 15 NEGOTIABLE INSTRUMENTS

15A BILLS OF EXCHANGE, DRAFTS, CHECKS, AND TRADE ACCEPTANCES

15B NEGOTIATION AND INDORSEMENTS

15C DISHONOR, PROTEST, COLLECTION, AND CREDIT

PART 16 CARE, CUSTODY, AND TRANSFER OF CORPORATE SECURITIES

16A BANK AS CUSTODIAN OR INVESTMENT MANAGER

16B BANK AS STOCK REGISTRAR, TRANSFER AGENT, OR DIVIDEND DISBURSING AGENT

16C TRANSFER OF SECURITIES

16D FINANCIAL SERVICES

16E CARE OF CORPORATE SECURITY AND TRUST OPERATIONS

PART 17 ELECTRONIC FUNDS TRANSFER SYSTEMS

17A ELECTRONIC FUNDS TRANSFERS

17B INTERNET BANKING

PART 18 LOCKBOX BANKING

18A ESTABLISHING AND SERVING ACCOUNTS

PART 19 STORAGE FACILITIES

19A SAFE DEPOSIT BOXES

19B STORAGE VAULTS

PART 20 INTERNAL AUDITING AND VERIFICATION

20A AUDIT PROGRAMS AND PROCEDURES

20B VERIFICATION OF LOAN AND DEPOSIT ACCOUNT INFORMATION

20C REVIEW OF INVESTMENTS

VOLUME 4

PART 21 FEDERAL COMMUNITY LENDING AND INVESTMENT POLICIES

21A COMMUNITY REINVESTMENT ACT

PART 22 REGULATORY ENFORCEMENT ACTIONS

22A THE REGULATORY ENFORCEMENT PROCESS

22B WRITTEN AGREEMENTS AND MEMORANDA OF UNDERSTANDING

22C CEASE-AND-DESIST ORDERS

22D SUSPENSION, REMOVAL, AND PROHIBITION ORDERS

22E CIVIL MONEY PENALTIES

BANKING AND LENDING INSTITUTION FORMS

PART 23 RETIREMENT ACCOUNTS

23A EMPLOYEE RETIREMENT PLAN ADMINISTRATION

PART 24 FINANCIAL INSTITUTION ACQUISITIONS AND MERGERS

24A ACQUISITION, MERGER, AND RELATED BUSINESS COMBINATION AGREEMENTS

PART 25 FOREIGN BANKS

25A UNITED STATES OFFICES OF A FOREIGN BANK

PART 26 CREDIT UNIONS

26A CREDIT UNIONS GENERALLY

PART 27 TRUST PREFERRED SECURITIES

27A TRUST PREFERRED SECURITIES

PART 28 ASSET SECURITIZATION

28A ASSET SECURITIZATION

PART 29 PRIVACY

29A PRIVACY

INDEX