Moore & Associates

Moore & Associates handles a broad array of high-level matters relating to financial services law, regulation, policy, and operations along the East Coast and Mid-Atlantic regions. Areas of concentration include investment fund formations and venture capital transactions, commercial real estate, and bank regulatory services.

A. Investment Fund Formation and Venture Capital – Strategic Finance

The Financial Services Group is adept at fund formation and venture capital services with an emphasis on community reinvestment under the Community Reinvestment Act.

In the past year, we handled a $40 Million Dollar Affordable Housing Preservation Fund and a $22 Million Grow American Affordable Housing Fund for our clientele. We currently represent a $45M Community Reinvestment Act fund established by a Fortune 100 financial services bank holding company that makes qualified community development loans and investments within its CRA assessment area in the FinTech space. We also represent institutional banks in cross-banking activities.

B. Commercial Real Estate & Finance – Asset & Portfolio Management and Project Development

Our commercial real estate team represents owners, lessees and developers, institutional investors, and major commercial lenders in structuring real estate development projects, capital formation, and asset-based financing, as well as foreclosure and workout transactions. The firm offers a range of integrated commercial real estate services – legal brokerage and counsel – for up to 1 million sq. ft. of retail and office space throughout the Washington DC metropolitan area. We handle all legal, commercial leasing, land use and development and related matters for various ownership groups.

We currently provide oversight and asset management services for four (4) commercial buildings: (1) 500 New Jersey Avenue, Washington DC; (2) 430 N. Michigan Avenue, Chicago, IL; (3) 437 N. Rush Street, Chicago, IL, and (4) 7701 Service Center Dr, West Chester Township, OH.

C. Banking Regulatory Practice – Qualified Fund Investments and Commercial Grade Asset Finance

We provide regulatory guidance (e.g., Regulation Y, CRA, UCC and tax analysis) and counsel regarding securitization and underwriting requirements.

We provide strategic and regulatory advice for each “Qualified Fund Investment” to preclude violation of the “Control Requirement” and the “Safe and Soundness” doctrine under the CRA.

Our attorneys counsel clients under:

• Title 12 – Banks and Banking, Chapter II – Federal Reserve System, Subchapter A – Board of Governors of the Federal Reserve System, Part 225 – Bank Holding Companies and Change in Bank Control (Regulation Y)
• Applicable Federal Deposit Insurance Corporation rules and regulations;
• The Internal Revenue Code of 1986 (and related regulations), as amended;
• The Investment Company Act of 1940, as amended;
• The Securities Act of 1933, as amended; and
• Applicable consumer financial services laws.

Our representation encompasses the comprehensive regulatory amendments implementing the Community Reinvestment Act of 1977 (CRA) under review in 2022.

Our attorneys are also Certified Commercial Investment Members (CCIM) capable of supporting the loan decision and readily apply underwriting criteria to better inform our clients reliance on: (1) collateral valuations or appraisals of various asset types and characteristics; and (3) financial covenants measuring EBITAD and operating expense/income ratios and possible adjustments to NOI based on a discounted cash flow models and IRR analysis.

Our team is intimately familiar with the UCC and perfection of all types of collateral from a blanket lien on personal property to liens against real property or fixtures in various jurisdictions. We routinely analyze lien priorities under applicable law, particularly with respect to taxes, judgments, purchase money security interests and bankruptcy proceedings.