Randall L. Harbour

Attorney Emeritus*

Born and raised in Detroit, Randy joined the firm in 2006. Randy is qualified under the Michigan Supreme Court rules, to act as a mediator for alternate dispute resolution. His expertise is in the handling of business, commercial and financial disputes. His years of experience in the negotiation and handling of higher level transactions give him the knowledge base to appreciate both sides of a dispute and help all parties involved arrive at a mutually satisfactory result. Randy has 35-plus years of experience representing financial institutions, corporate, business and individual clients in the following areas:

• Banking Law/Financial Institution Law: Formation of banks and subsidiaries; mergers and acquisitions; debt/equity financings, private offerings; corporate governance; executive compensation; branch offices and facilities; commercial loan documentation; assistance with regulatory agencies; Dodd-Frank Act.
• Credit Union Law: Mergers and acquisitions; formation of subsidiaries and Credit Union Service Organizations (CUSOs); branch offices and facilities; corporate governance; executive compensation; loan documentation; assistance with regulatory agencies.
• Business Matters: Entity organization and planning; corporate governance; debt/equity financings, private offerings; mergers and acquisitions; establishment of subsidiaries, joint ventures & strategic alliances; executive compensation; offices and facilities; family-owned businesses; business transactions.
• Real Estate: Commercial purchases/sales; construction; financing; entity organization and planning.
• Estate Planning: Trusts and wills; family estate planning; business succession planning; investment planning; acts as trustee.

Committed to providing the highest standard of service to his clients, Randy builds rapport with his clients. He is known for his timely, practical and cost-effective advice.

Randy is actively involved in his community and serves on numerous professional committees. He is currently the Chair of the Community Bank and Mutual Savings Sub-Committee of the American Bar Association's Banking Law Committee.

REPRESENTATIVE MATTERS

• A group of investors and management want to purchase an existing bank, or form a de novo bank; Randy consulted with them and dealt with the federal and state regulators in determining the advisability of the deal and formation of the entity.
• Randy also represents borrowers in financing of lines of credit and real estate loans, such as a group of hospitals needing to refinance their lines of credit and to build a new hospital in a different state.
• A mortgage company wanted to raise additional capital by selling equity interests, so Randy advised on and prepared a private offering memorandum with a capitalization of up to $80+ Million.
• A group of 20-plus credit unions wanted to finance and obtain an equity interest in a national data processing company. Randy planned and successfully formed an entity which did this and he later represented the credit unions on the board of directors.  This included extensive involvement and dealings with the National Credit Union Administration and the Michigan Office of Financial and Insurance Regulation.
• Dealing with the Federal Reserve Board, the FDIC and other state and federal regulators, Randy assisted a bank holding company with a series of mergers that raised the company’s assets to more than $1 billion.
• The members of a private country club wanted to purchase the club from its founder/developer. Randy negotiated the purchase and the financing, performed all the documentation, dealt with the local and state taxing authorities and handled complex real estate and easement issues.
• Randy planned and formed an entity owned by a group of credit unions to provide commercial lending for real estate developments and other purposes. He also drafts the master participation loan documentation and the loan documentation to borrowers.
• A large bank in the United States wanted a way to fund low to moderate income housing developments. The bank hired Randy, who developed financing of a warehouse line of credit.
• The largest funeral home in Michigan wanted to finance construction of a major branch chapel. Randy successfully negotiated and handled the transaction.

Publications

• Discussed with Examiners: Common Issues in Examinations, Foster Swift Finance, Real Estate & Bankruptcy News, August 26, 2014
• New and Expanded Reporting Requirements for CUSOs from the NCUA, November 27, 2013
• The CFPB - Early Impressions, Foster Swift Banking, Finance & Real Estate E-News, December 3, 2012
• Treasury Auto Supplier Support Program, Foster Swift Economic Recovery Task Force E-News, May 7, 2009
• TARP Capital Purchase Program for Subchapter S Financial Institutions, Foster Swift Economic Recovery Task Force, January 22, 2009
• Capital Purchase Plan Term Sheet Issued for Privately Held Companies, Foster Swift Economic Recovery Task Force Bulletin, November 19, 2008

For more, click here

Memberships & Affiliations

Legal Affiliations:

• American Bar Association, Section on Business Law
  • Community and Mutual Savings Bank Sub-Committee, Vice-Chair (2010 - 2013)
  • Community and Mutual Savings Bank Sub-Committee, Chair
• Banking Law Committee
• Credit Union Committee
• Commercial Finance Committee
• Commercial & Real Estate Lending Committee
• State Bar of Michigan, Business Law Section
• Michigan State Bar Foundation,Fellow
  
  

Community Involvement:

• Arbor Hospice Foundation, Board of Directors
• March of Dimes, Ann Arbor Division, Board of Advisors
  • Revenue Committee, Chair
• Detroit Symphony Orchestra, Governing Member
  
  

Industry & Professional Associations

• Michigan Bankers Association
• Community Bankers of Michigan
• Michigan Traveling Circus - a nonprofit charitable fraternity of the banking industry associated with the Michigan Bankers Association, Past President
• Michigan Credit Union League
  
  

* Attorney Emeritus status identifies individuals who enjoyed distinguished legal careers at Foster Swift Collins & Smith, PC and have retired from the practice of law.