Mediation Process of Alternative Dispute Resolution(ADR) in Banks - A Complete Legal Approach Workshop

Course Outline

1.Dispute resolution Approach in BanksDownload
2.Methods of Alternative Dispute Resolution(ADR)
3.What is ADR & When ADR is useful
4.ADR Process Documentation
5.Complete set of Bank Documents
6.Defaulted Loans Dispute Resolution
7.Documenting Default Dispute Resolution
8.Legally Acceptable Standards of Documentation
9.ASSUMPTION OF LIABILITIES
  • Liabilities Assumed by Assuming Bank
  • Interest on Deposit Liabilities
  • Unclaimed Deposits
  • Employee Plans
10.PURCHASE OF ASSETS
  • Assets Purchased by Assuming Bank
  • Asset Purchase Price
  • Manner of Conveyance; Limited Warranty; Nonrecourse; Etc
  • Puts of Assets to the Receiver
  • Assets Not Purchased by Assuming Bank
  • Assets Essential to Receiver
11.ASSUMPTION OF CERTAIN DUTIES AND OBLIGATIONS
  • Continuation of Banking Business
  • Agreement with Respect to Credit Card Business
  • Agreement with Respect to Safe Deposit Business
  • Agreement with Respect to Safekeeping Business
  • Agreement with Respect to Trust Business
  • Agreement with Respect to Bank Premises
  • Agreement with Respect to Leased Data Processing Equipment
  • Agreement with Respect to Certain Existing Agreements
  • Informational Tax Reporting
  • Insurance
  • Office Space for Receiver and Corporation
  • Agreement with Respect to Continuation of Group Health Plan Coverage for Former Employees
  • Agreement with Respect to Interim Asset Servicing
12.DUTIES WITH RESPECT TO DEPOSITORS OF THE FAILED BANK
  • Payment of Checks, Drafts and Orders
  • Certain Agreements Related to Deposits
  • Notice to Depositors
13.RECORDS
  • Transfer of Records
  • Delivery of Assigned Records
  • Preservation of Records
  • Access to Records; Copies
14.FIRST LOSS TRANCHE
15.ADJUSTMENTS
  • Pro Forma Statement
  • Correction of Errors and Omissions; Other Liabilities Payments
  • Interest
  • Subsequent Adjustments
16.CONTINUING COOPERATION
  • General Matters
  • Additional Title Documents
  • Claims and Suits
  • Payment of Deposits
  • Withheld Payments
  • Proceedings with Respect to Certain Assets and Liabilities
  • Information
17.CONDITION PRECEDENT
18.REPRESENTATIONS AND WARRANTIES OF THE ASSUMING BANK
19.INDEMNIFICATION
  • Indemnification of Indemnitees
  • Conditions Precedent to Indemnification
  • No Additional Warranty
  • Indemnification of Corporation and Receiver
  • Obligations Supplemental
  • Criminal Claims
  • Limited Guaranty of the Corporation
  • Subrogation
20.MISCELLANEOUS
  • Entire Agreement
  • Headings
  • Counterparts
  • Governing Law
  • Successors
  • Modification; Assignment
  • Notice
  • Manner of Payment
  • Costs, Fees and Expenses
  • Waiver
  • Severability
  • Term of Agreement
  • Survival of Covenants, Etc
21.Group Discussion
  • Certain Liabilities Assumed
  • Excluded Deposit Liability Accounts
  • Certain Assets Purchased
  • Purchase Price of Assets or Assets
  • Excluded Private Label Assets-Backed Securities
  • Single Family Loss Share Loans
  • Non-Single Family Loss Share Loans
  • Calculation of Deposit Premium
22.Case Study
  • Final Notice Letter
  • Affidavit of Mailing
  • Interim Asset Servicing Arrangement
  • Single Family Loss Share Agreement
  • Commercial Loss Share Agreement