Best Structured Finance Lawyers in Metairie

About Structured Finance Law in Metairie, United States

Structured finance law in Metairie centers on organizing complex financial transactions that bundle financial assets into securities. These transactions typically involve a special purpose vehicle or trust, true sale concepts, and ongoing servicing arrangements. Attorneys in Metairie help ensure regulatory compliance, accurate disclosures, and proper risk allocation among parties.

In practice, a Metairie structured finance matter often touches both federal securities law and Louisiana state law. The federal framework regulates public offerings and trading of asset backed securities, while Louisiana law governs certain exemptions, registrations, and enforcement actions within the state. A local attorney can tailor federal and state requirements to the unique needs of Jefferson Parish businesses and investors.

Asset backed securitization commonly involves sponsors, trustees, servicers, rating agencies, and investors. Given Metairie’s position in the New Orleans metropolitan area, transactions may involve regional originators such as banks, finance companies, and corporate borrowers seeking efficient funding. A local solicitor can help coordinate documentation, risk retention considerations, and regulatory filings through the life of the deal.

Asset-backed securities are securities whose payments come from a pool of assets rather than the issuer's general credit.

Whether you are negotiating the initial securitization or managing ongoing compliance, working with a Metairie attorney who understands both federal securities laws and Louisiana regulatory requirements is essential. This local expertise helps address issues such as true sale challenges, trust structure, and ongoing disclosure duties for investors in the Metairie market.

The Securities and Exchange Commission regulates the sale and trading of asset backed securities and requires clear disclosures to investors.

Why You May Need a Lawyer

A qualified attorney in Metairie can help you navigate concrete structured finance scenarios with precision and speed. The following real world examples reflect issues local entities may face.

• A Metairie bank wants to securitize auto loan receivables and needs to draft the SPV documents, appoint a trustee, and ensure true sale from the originator. An attorney coordinates the structure, compliance tests, and closing deliverables to avoid post closing disputes.
• A family owned business in Jefferson Parish plans to securitize domestic accounts receivable to fund expansion. A lawyer helps design the securitization, advise on exemptions or registrations, and prepare disclosures for investors.
• A real estate developer in Metairie considers issuing a mortgage backed security backed by condo project receivables. Counsel reviews mortgage pool securitization eligibility, servicing agreements, and rating agency interactions.
• A licensed Louisiana finance company seeks a private placement of asset backed notes to accredited investors. An attorney guides exemptions under applicable federal and state law and coordinates necessary filings.
• A local credit union wants to issue an ABS to diversify funding. A lawyer reviews regulatory licensing, servicing transfers, and ongoing compliance obligations for the SPV and trustees.
• A corporate sponsor wants to adapt Reg AB or Reg AB II disclosures for a public securitization. Local counsel assists with disclosure packages and regulatory communications to the SEC and investors.

Local Laws Overview

Structured finance operations in Metairie are shaped by federal securities law and Louisiana state law. Understanding both helps ensure risk is allocated properly and that offerings comply with applicable rules.

• Securities Act of 1933 (federal) - This act governs the registration and sale of new securities in the United States. Offerings that are public require registration or a valid exemption, and disclosures must be accurate.
• Securities Exchange Act of 1934 (federal) - This act governs trading and ongoing reporting obligations for securities once issued, including market integrity and antifraud provisions.
• Louisiana Uniform Securities Act (state) - The Louisiana Revised Statutes address the offer, sale, and regulation of securities within the state, including licensing of securities professionals and enforcement of fraudulent practices.

In Louisiana, the regulatory framework is administered through state agencies and regulators with local jurisdiction over securities activities in Metairie and Jefferson Parish. The Louisiana Office of Financial Institutions oversees the Division of Securities, which licenses and regulates securities professionals and enforces state securities laws.

The following official resources help clarify the scope and application of these laws:

“Asset-backed securities are securities whose payments come from a pool of assets rather than the issuer's general credit.”

For state specifics, the Louisiana Legislature provides access to Title 51 of the Louisiana Revised Statutes, which covers securities law and related activities. This is a key reference for understanding state exemptions, registrations, and enforcement options.

“The Division of Securities is responsible for licensing, registration, and enforcement of securities activities within Louisiana.”

Frequently Asked Questions

What is structured finance in simple terms?

Structured finance packages cash flows from assets into securities and distributes payments to investors. A local attorney helps design the structure and manage compliance.

How does securitization work in practice in Metairie?

The originator pools assets, transfers them to an SPV, which issues securities and pays investors from the asset cash flows. A servicing agreement and trust structure are crucial for performance and enforcement.

Do I need a Louisiana attorney for ABS deals?

Yes. Local counsel understands state exemptions, licensing requirements, and enforcement practices in Metairie. A Louisiana attorney complements federal regulatory compliance.

How long does a typical securitization take in Metairie?

Early planning and regulatory reviews can take 60 to 180 days, depending on asset type, documentation complexity, and due diligence responsiveness.

What is true sale in securitization?

True sale involves transferring assets to a bankruptcy remote SPV, separating the originator’s assets from the securitized pool. Counsel advises on structure and risk retention.

What are typical ABS costs in Metairie?

Costs include legal fees, rating agency fees, trustee fees, and ongoing servicing and reporting costs. A status quo deal may run in the hundreds of thousands of dollars, with large deals significantly higher.

Do I need to register securities offered in Louisiana?

Many offerings require registration or an exemption. A local attorney can determine whether federal registrations, Regulation D exemptions, or state exemptions apply.

What ongoing obligations come with ABS in Louisiana?

Ongoing disclosures, servicing reports, and periodic investor communications are typical. Louisiana law may require certain filings and compliance measures after closing.

What is the difference between ABS and MBS?

ABS covers assets like receivables, loans, and leases, while MBS is a subset focused on mortgage loans. Both are structured through SPVs and involve trustees and servicers.

Is private placement in Louisiana exempt from registration?

Private placements may rely on federal Regulation D exemptions and state exemptions. A lawyer will verify eligibility and document required notices to regulators.

Can I securitize small business receivables in Metairie?

Yes, but you must structure the transaction properly to qualify for exemptions and maintain enforceable asset transfers and servicing rights.

Should I hire a local Metairie law firm for ABS deals?

Yes. A locally situated attorney understands market practices, local regulatory expectations, and timely coordination with state regulators.

Additional Resources

• U.S. Securities and Exchange Commission (SEC) - Asset-Backed Securities
  Official federal resource on ABS basics, regulation, and investor protections. https://www.sec.gov/fastanswers/answersabs.htm
• Louisiana Office of Financial Institutions - Division of Securities
  State regulator overseeing licensing, registration, and enforcement of securities activities in Louisiana. https://www.ofi.la.gov/
• Louisiana Legislature - Title 51 Securities
  Official access to Louisiana Revised Statutes on securities law, including exemptions and enforcement provisions. https://legis.la.gov/

Next Steps

1. Define your structured finance goal and asset class in writing, including timeline and investor profile. This helps you assess scope before contacting counsel.
2. Gather relevant documents such as asset schedules, pool contracts, servicing agreements, and prior disclosures. Prepare a document checklist for your attorney.
3. Identify potential local Metairie or Greater New Orleans law firms with structured finance experience. Check for prior ABS deals and regulatory interactions.
4. Schedule initial consultations to discuss deal structure, regulatory considerations, and estimated costs. Ask about the firm’s approach to state and federal compliance.
5. Request a written engagement letter outlining scope, timelines, and fee arrangements. Confirm a realistic kickoff date and milestone deliverables.
6. Ask about coordination with trustees, rating agencies, and servicers, and how the team will handle ongoing reporting obligations.
7. Confirm communications and escalation procedures, including the role of local counsel versus lead national firms, and set a clear timeline for closing and post closing reviews.