Counsel- Fiduciary Attorney
Location: Buffalo, New York
Description: M&T Bank is employing Counsel- Fiduciary Attorney right now, this career will be situated in New York. For detail informations about this career opportunity please give attention to these descriptions. FIDUCIARY ATTORNEY
Location: Buffalo, NY
Basic Function:
Review and approve new business including new and successor trusteeships: review governing instrum! ents, background information and related documents (LLC operating agreements, partnership agreements, litigation documents, settlement agreements, court petitions and orders, loan documents, etc.); prepare resignation, appointment and acceptance paperwork, including release, refunding and indemnification agreements; review predecessor trustee refunding and indemnification documents.
Advise BDOs with regard to incoming trusteeships on issues including: situs for state income tax purposes; law governing administration; and options for reducing risk of holding and managing special assets. Work with outside counsel in connection with court proceedings or non-judicial reformation of governing documents (including decanting).
Advise trust officers and management on fiduciary issues including: discretionary distributions; borrowing and lending by trusts; identity of distributees and nature of their interests; allocation of receipts and expenditures between princi! pal and income; exercise of power to adjust; conversion to TRU! ; validity and effect of exercises of powers of appointment and disclaimers; risks of unusual or complex transactions; creation of LLCs to hold special assets and management thereof; administration of business interests and assets; management of real estate and real estate transactions; creation and administration of special needs trusts; trust terminations including statutory small trust terminations; fiduciary income and transfer tax questions (especially generation-skipping transfer tax issues); and issues pertaining to estate administration and guardianships.
Negotiate and prepare custom agreements including releases, indemnification agreements, settlement agreements, alliance agreements, investment agency and confidentiality agreements.
Manage litigation: manage outside counsel in legal research and in preparation of court pleadings, releases and other documents; make strategic legal decisions on how matters should be handled; review and approv! e legal invoices.
Identify significant legal risks and related business processes that need improvement: review reports of regulatory compliance examinations to identify trends; keep abreast of relevant laws, regulations and other legal developments; make presentations and provide advice and recommendations to decision-makers.
Work with WISD personnel across divisions and affiliates to develop and modify practices and procedures to conform with legal requirements and to mitigate risk: undertake projects to improve WISD practices and procedures; write and review trust policies and procedures; prepare and revise form agreements and other documents used by WAS; prepare informal memoranda on trust law topics (e.g., treatment of accrued income, funding issues, situs analysis) and train trust officers regarding same; review WAS marketing materials and reports.
Minimum Qualifications:
Law degree. New York State Bar Exam certification.
! Minimum of four years previous experience as an attorney.
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If you were eligible to this career, please give us your resume, with salary requirements and a resume to M&T Bank.
Interested on this career, just click on the Apply button, you will be redirected to the official website
This career will be started on: Wed, 20 Nov 2013 16:04:20 GMT
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