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Nutter Represents Fidelity Bank in Pending Combination with Cape Cod 5 Under One Holding Company

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Nutter is serving as legal counsel to Fidelity Bank in connection with its agreement with Cape Cod 5 to merge their respective mutual holding companies under one multi-bank holding company, Mutual Bancorp, subject to regulatory approval. The deal team is being led by Matthew Hanaghan, and includes Michael Krebs on corporate matters and Michael Mooney, Melissa Sampson McMorrow, and Tracy Vitols on tax and executive compensation matters.  

Both banks will continue to operate independently as two separate financial institutions maintaining their respective names and brands, while continuing their missions and service to their clients and communities. This mutually beneficial partnership of two financially strong and secure institutions under a multi-bank holding company structure will enhance the capabilities of each organization. It will also allow for collaboration, shared services, and pooled resources between the banks to better meet the needs of their clients in an evolving industry landscape.

Cape Cod 5 holds over $5.5 billion in assets with 26 locations across the Cape, Islands, and in Southeastern Massachusetts, and Fidelity Bank holds $1.5 billion in assets with 13 Banking Centers throughout Eastern and Central MA. Once finalized, Mutual Bancorp will have combined assets of more than $7.0 billion and will oversee and govern the strategic operations of both Fidelity Bank and Cape Cod 5. Read more about the transaction.

Nutter’s Banking and Financial Services attorneys serve as corporate and regulatory counsel to banks, savings institutions, and other financial institutions and address a wide range of banking clients’ needs, including new bank formations, mergers and acquisitions, holding company formations, conversions, interstate expansion, the introduction of new products and services, including securities, insurance and trust services, and electronic banking.

Nutter’s Corporate Department represents domestic and international corporations, publicly traded and privately-held companies, private equity firms, nonprofit institutions, and family-owned businesses in a wide variety of domestic and cross-border transactions. The firm’s attorneys advise on significant transactions in every major industry sector, including technology, life sciences, banking, professional services, real estate, energy, medical devices, health care, and manufacturing. Nutter’s corporate practice handles the full range of M&A and private equity transactions, including representing buyers and sellers in auctions processes, mergers, asset sales, stock purchases, leveraged buyouts, roll-ups, joint ventures, PIPEs, going private transactions, tender offers, and proxy contests.

About Nutter
Nutter is a Boston-based law firm that provides legal counsel to industry-leading companies, entrepreneurs, institutions, foundations, and families, across the country and around the world. The firm’s corporate, intellectual property, litigation, real estate and land use, labor and employment, tax, and trusts and estates practices are national in scope. The firm was co-founded in 1879 by former U.S. Supreme Court Justice Louis D. Brandeis, before his appointment to the Court. For more information, please visit and follow the firm on LinkedIn.

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