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Guide to Commercial Banking Law

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The Guide to Commercial Banking Law covers the spectrum of commercial lending issues, from initial loan analysis and credit decisions, to structuring the loan, documentation, closing, and monitoring the loan. Lender liability issues, compliance-related matters, and issues unique to commercial lending are also extensively covered in this 2-volume book.

Although bankers often have a good understanding of the business risks of making commercial loans, most of them are less prepared for the legal risks and issues involved in lending. The Guide to Commercial Banking Law has been developed to provide lenders and their attorneys with information about the laws related to commercial lending in a practical and easy-to-understand fashion. Failure to protect the bank’s interests adequately not only undermines the loan and the potential for repayment but also exposes the bank to unforeseen legal and financial risks.

From loan negotiation to commitment and loan documentation to monitoring outstanding credits, the Guide to Commercial Banking Law provides the legal background and knowledge lenders and their attorneys require. The guide has been written by a bank attorney whose daily responsibility is to advise loan officers on legal matters relating to their lending decisions.

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Table of Contents

Volume I

Part I—Concepts and Principles

Chapter 1  The Different Types of Borrowers

Chapter 2  Types of Loans

Chapter 3  UCC Overview


Part II—Perfection and Priorities

Chapter 4  Perfecting Security Interests

Chapter 5  Other Creditors’ Interests


Part III—The Role of Collateral

Chapter 6  Types of Collateral—General Considerations

Chapter 7  Inventory

Chapter 8  Accounts and Accounts Receivable

Chapter 9  Equipment

Chapter 10  Fixtures and Accessions

Chapter 11  Instruments, Documents, Deposit Accounts, and Chattel Paper

Chapter 12  Securities and Investment Property

Chapter 13  Agricultural Collateral

Chapter 13A  Miscellaneous Collateral

Chapter 14  Real Estate as Collateral

Chapter 14A  Common and Uncommon Lending Issues


Part IV—Making the Loan

Chapter 15  Completing a Loan Application

Chapter 15A  Preparing the Commitment Letter and Term Sheet

Chapter 16  The Loan Agreement

Chapter 17  Documenting the Borrower’s Signature

Chapter 18  Loan Guaranties

Chapter 19  Loan Participations

Chapter 20  The Loan Closing


Part V—Monitoring the Loan

Chapter 21  Loan Renewals

Chapter 21A  Monitoring Issues During the Course of a Loan

Chapter 21B  Post-Loan Changes

Chapter 22  Loan Workout Strategies

Chapter 23  Lender Liability Issues

Volume 2

Part VI—Related Issues

Chapter 24  Requests for Customer Records and Privacy Laws: Issues to Consider

Chapter 25  Environmental Concerns for Banks

Chapter 26  Letters of Credit

Chapter 27  Regulatory Issues

Chapter 28  Bankruptcy

Chapter 29  Regulation O and Insider Rules


Part VII—Bank Deposits and Collections and Commercial Paper

Chapter 30  Definitions and Rules and Regulations

Chapter 31  Procedures for Opening Accounts: Products and Documents Involved

Chapter 31A  Bank Deposits and Collections

Chapter 32  Different Types of Customers and Account Types

Chapter 33  Checks and Other Items

Chapter 34  Commercial Paper

Chapter 35  The Check Collection Process and Automated Banking Transactions