Practices

Mike W. Lochmann

Partner

DIRECT CONTACT
816.691.3208
e-mail | vCard

KANSAS CITY OFFICE
1201 Walnut, Suite 2900
Kansas City, MO 64106

Mike Lochmann represents banks, holding companies and other financial services companies in mergers and acquisitions, financial regulations and compliance, securities law, corporate law, and financial transactions throughout the country. Mike has more than 27 years of experience representing publicly traded and privately owned bank holding companies, national and state chartered banks, federal savings banks, credit unions, mortgage bankers, specialty finance companies, REITs, broker dealers, investment advisors, private equity funds, and insurance companies in transactional and regulatory matters. Mike is a member of the firm's Banking & Financial Services and Corporate Finance Divisions.

Representative Experience

Dodd-Frank Act: Actively advising clients regarding The Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, including loss of and changes to federal preemption, the powers and authority of the new Bureau of Consumer Financial Protection (BCFP), elimination of the OTS and transfer of regulatory functions, new bank holding company powers, capital requirements, the Volker Rule, and increasing regulatory compliance burdens
TARP: Represented and advised banks and financial institutions regarding the Emergency Economic Stabilization Act of 2008, the U.S. Treasury’s Capital Purchase Program, the FDIC’s Temporary Liquidity Guarantee Program, and other capital and liquidity issues facing troubled financial institutions
Mergers and Acquisitions: Provides counsel for acquisitions of failed and failing banks, open bank mergers, stock purchase agreements, asset purchase and assumption agreements, branch sales, nationwide interstate banking and branching, regulatory approvals, SEC filings, reorganizations, consolidation of subsidiaries, joint ventures, and strategic alliances
Securities and Corporate Finance: Advised on public and private offerings, trust preferred securities, subordinated debt, tender offers, IPOs, S-4 registrations, Regulation D offerings, '34 Act reporting, proxy statements, Rule 144, and the Sarbanes-Oxley Act
Holding Companies and Subsidiaries: Advises clients regarding the formation of bank holding companies, financial holding companies, subchapter S elections, de novo bank and thrift formations, financial subsidiaries, operating subsidiaries, service corporations, merchant banking, and venture capital
Banking Regulation and Enforcement: Represents clients before the Federal Reserve, OCC, FDIC, OTS, BCFP, NCUA, and state regulators regarding applications and examinations, regulatory capital, charter conversions, transactions with affiliates, insider loans, banking powers and investments, regulatory enforcement actions, compliance issues, cease and desist orders, and receiverships
Cards Issuers and Processors: Counsels clients on card matters, including debit cards, prepaid cards and gift cards, interchange fees, breakage and escheat, money transmitters, overdrafts, and FDIC insurance coverage
Specialty Finance Companies: Provided counsel for REITs, mortgage brokers, subprime lenders, check cashers, payday loans, refund anticipation loans, military loans, interest rate exportation and usury, federal preemption of state statutes and regulations, state loan broker and credit services organizations statutes, and consumer protection
Private Equity: Represents private equity funds, commercial lenders, privately owned businesses, entrepreneurs, fund managers and investment advisors in secured and unsecured lending, mezzanine financing, and equity investments; federal and state regulation of private equity funds; securities purchase agreements; warrants and options; and subordination and intercreditor agreements
Corporate Crisis Counseling: Counseled companies facing major crises and public scrutiny, including executive embezzlement and criminal conduct, loan defaults and potential insolvency, alleged securities fraud, threats of regulatory enforcement and receivership, partnership dissolutions and statutory conservatorships, litigation among joint venture partners, adverse judgments in class actions litigation, and qui tam suits
Securitization and Structured Finance: Provided legal services for asset securitization, mortgage-backed securities, servicing agreements, sale-leasebacks and leveraged leases

Education

Australian National University, M.A., International Law, with distinction, 1986
Rotary International Graduate Scholar

Washington University, J.D., 1984
Order of Coif , Law Review

Valparaiso University, B.S.B.A., with highest distinction, 1981

CPA Exam, Missouri Gold Medalist, May 1981

Of Note

Mike recently obtained a wildcard letter from the Missouri Division of Finance authorizing Missouri banks to establish and invest in first and second tier bank subsidiaries to make new market tax credit loans (NMTC Loans). Wildcard Letter 2-2012.
Mike recently commented on the Federal Reserve's proposed regulatory capital requirements for savings and loan holding companies. August 27, 2012, Comment Letter
Mike was interviewed for and extensively quoted in an Ingram's magazine article on current trends in banking. Read "Change? Bank On It."
Mike co-authored a White Paper: "Breakage Revenue Recognition for Bank Issued 'No Fee, No Expiration' Gift Cards."

Community Involvement

Kansas City Repertory Theatre, Board of Directors
Boy Scouts, Heart of America Council
- Troop 50, Committee Member
- National Eagle Scout Association
- Order of the Arrow and Tribe of Mic-O-Say
Ward Parkway Presbyterian Church, Elder and Treasurer
MBA Bank Counsel Section Advisory Board Member

Bar Admissions

Missouri, 1984

Professional Affiliations

American Bar Association – Banking Law Committee
The Missouri Bar
Missouri Bankers Association – Legal Counsel Section
Kansas City Metropolitan Bar Association
Kansas City Banking Attorneys