Patrick J. Kennedy Jr.

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Patrick J. Kennedy Jr.

Patrick J. Kennedy Jr.

pkennedy@kslawllp.com or 210.228.4431

Mr. Kennedy is the managing partner of the firm and over the past 34 years he has represented private and publicly held corporations in general corporate, securities, mergers and acquisitions, regulatory and transactional matters.  His practice has included preparation of securities offerings under federal and state securities laws as well as public company periodic reporting. His practice has been particularly concentrated in the representation of banks and bank holding companies and other financial intermediaries. In addition to this general corporate and securities work, he has represented these entities and their shareholders, directors and officers in a broad range of matters, including regulatory enforcement, special corporate investigations, directors and officers and fidelity bond claims, Bank Secrecy Act and currency transactions compliance, Community Reinvestment Act strategy, mergers, acquisition and strategic planning, corporate governance and restructuring and state and federal banking law compliance.

Throughout his career Mr. Kennedy has been involved in a number of initiatives, both legislative and regulatory, which have resulted in the creation of important opportunities for his clients. One of the more significant initiatives was the passage of legislation permitting banks and thrifts and their holding companies to elect Subchapter S tax treatment under the Internal Revenue Code which has resulted in over 2300 US depository institutions operating as Sub S Banks. To assure his clients and the industry have the best information available regarding the unique opportunities and issues these companies face, he founded the Subchapter S Bank Association in 1997 which sponsors among other things an Annual Conference and periodic professional reports. Through the Association and his firm, Mr. Kennedy advocates for the community banking industry and most recently was instrumental in assuring that small bank holding companies were exempt from Section 171 of Dodd Frank restricting the use of Trust Preferred Securities as well as protecting community banks from certain provisions under the Basel III Final Rule.

Mr. Kennedy’s broad based corporate and financial services practice also utilizes creative financing structures and other local, state and federal incentives such as the New Markets Tax Credit Program in the representation of:

  • Banks
  • Project Sponsors
  • Borrowers
  • Economic Development Corporations
  • Community Development Entities

His firm structures and documents these complex financings which encourage private investment in rural and urban low income communities. In addition, Mr. Kennedy and his firm represent Community Development Financial Institutions in their corporate, financial, loan syndication and other financing initiatives, including partnerships with community banks.

Education

  • Georgetown University (A.B., 1975)
  • St. Mary’s University School of Law (J.D., 1978)

Bar Admissions

  • State Bar of Texas – admitted 1978

Awards

  • Best Lawyers in America® – Banking & Finance Law, 2017
  • Martindale Hubbel AV® Preeminent 5.0 Peer Rating

Professional Associations

  • American Banking Association, Banking Law Committee
  • American Bar Association Retail and Consumer Banking Law Subcommittee, Chairman
  • Independent Bankers Association of Texas, Board of Directors
  • State Bar of Texas International Law Section, Chairman
  • Texas Association of Bank Counsel

Civic & Charitable

  • Museum of the Big Bend, Directors Advisory Council
  • Oblate School of Theology, Board of Trustees
  • Sovereign Military and Hospitaler Order of Malta, Federal Association, Washington, DC
  • Texas Agricultural Finance Authority, Member, Board of Directors, and Chairman of the Audit Committee (2013)
  • Texas Department of Agriculture Cotton and Fiber Board, Board of Directors (2011-2012)
  • World Affairs Council Board of Trustees, Executive Committee and Former Chairman

Presentations

  • 4nd Annual Texas Association Bank Counsel’s Legal Conference “Navigating Bank Investment Opportunities”; April 7, 2016; San Antonio, TX
  • Bank Holding Company Association Mini Seminar, “Make the Most of your S Election”; March 15, 2016; Moravia, Iowa
  • Preservation Texas 2016 Summit, “Funding Strategies for Endangered Structures”; February 8, 2016; Austin, Texas
  • 18th Annual Subchapter S Bank Association Conference, “Operating your Bank as an LLC”; October 28, 2015; San Antonio, Texas
  • 4th Annual Strategic Opportunities Conference, “Buying or Selling a Subchapter S Bank: Key Planning Considerations for Buyers & Sellers”; September 24, 2015; New Orleans, LA
  • Independent Bankers Association of Texas 40th Convention, Attorney Panel; September 21, 2015; Galveston, TX
  • State Historic Tax Credit Workshop, “Federal and State Tax Credits” May 15, 2015; Austin, TX
  • Bank Holding Company Association Spring Seminar, “How to Leverage Your Sub S Election”; May 4, 2015; Bloomington, MN
  • San Antonio CPA Society, “Financing Opportunities with Federal and State Tax Credits: A Brief Survey of the New Markets Tax Credit and the Federal and Texas Historic Tax Credits”; December 3, 2014; San Antonio, TX
  • 3rd Annual Strategic Opportunities Conference, “THE CHANGING M&A LANDSCAPE:How today’s regulators and today’s deals are different”; November 12, 2014; New Orleans, LA
  • 3rd Annual Strategic Opportunities Conference, “Is Sub S still the best choice for your bank? How to capture the Sub S premium for your shareholders upon sale”; November 11, 2014; New Orleans, LA
  • 17th Annual Subchapter S Bank Association Conference, “Legislative and Regulatory Initiatives: Congress, the Agencies and the IRS”; October 23-24, 2014; San Antonio, TX
  • Bank Holding Company Association Fall Seminar, “Subchapter S Banks: Capital Access, Dividends and the Future”; October 6, 2014; Bloomington, MN
  • Independent Bankers Association of Texas 40th Convention, Attorney Panel; September 29, 2014; Fort Worth, TX
  • Texas Banker’s Association Agriculture & Rural Affairs Conference, “Rural Development Finance – Tax Credits and other Tools”; April 11, 2014; College Station, TX
  • 16th Annual Subchapter S Bank Association Conference, “Shareholder Management Issues: Shareholder Agreements, Capital Raising, Management Succession and Liquidity”; October 24-25, 2013; San Antonio, TX
  • Community Banking in a New World Conference, “New Market Tax Credits-Three Ways to Improve Profit Ability and Provide Capital to Local Business” & “Bank Service Corporations and CDCs as Vehicles for Profitable Business Investments”; October 23, 2013; San Antonio, TX
  • Texas Association of Banker Counsel’s 2013 Conference, “Community Reinvestment Act Toolkit”; October 2013; Austin, TX
  • Director Series Webinar: “Enterprise Risk Management for Credit Unions – A Primer”; March 27, 2013

Publications

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