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Last week, each of the Federal Deposit Insurance Corporation (FDIC), the Office of the Comptroller of the Currency (OCC), and the Department of Justice Antitrust Division (DOJ) revised how they will review bankmergers. Our Financial Services and Antitrust teams highlight what banks considering mergers should know about the changes.
The value of European banking M&A hits its highest point in a decade as lenders hunt for growth across the continent - A potential ramping-up in European banking M&A has become a hot topic as a lower net interest margin environment means European dealmakers are looking to return to the deal table in order to seek growth.
When federal agencies review bankmergers, the competition issues typically relate to the number and location of physical branches and the extent of any overlap in the areas served. By contrast, the proposed $35 billion Capital One-Discover merger raises different and far more subtle competitive issues.
On September 17, 2024, the Antitrust Division of the United States Department of Justice (the “DOJ”) announced that it withdrew its 1995 BankMerger Guidelines and instead, for purposes of evaluating the competitive impact of bankmergers, will rely on its 2023 Merger Guidelines, which apply to all industries.
17, 2024, the Federal Deposit Insurance Corporation (FDIC) Board met to finalize an updated approach to increase scrutiny of bankmergers, particularly those that would result in a bank with over $100 billion in assets. These moves by regulators signal a new whole-of-government approach to competition in the banking sector.
On January 29, the Office of the Comptroller of the Currency (OCC) issued a Notice of Proposed Rulemaking for Business Combinations Under the BankMerger Act.
The Office of the Comptroller of the Currency (OCC) released guidance regarding its planned changes to the BankMerger Act (BMA). The New Rule: Explicitly adds financial stability as a key factor for assessing mergers, reflecting the growing concerns about potential risks from mergers involving large or systemically important banks.
Yesterday, both the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC) finalized new guidelines regarding bankmergers. By: Troutman Pepper
The FDIC, the OCC and the Justice Department earlier this month issued updated standards for bankmergers. The three agencies acted separately, although officials noted that they had worked with the other agencies involved. By: Ballard Spahr LLP
Today, a divided Federal Deposit Insurance Corporation’s (FDIC) Board of Directors issued a proposed Statement of Policy (SOP) on bankmerger transactions that would create a combined bank with more than $100 billion in assets. By: Troutman Pepper
On March 21, 2024, the Federal Deposit Insurance Corporation (“FDIC”) approved a Federal Register notice seeking public comment on its proposal to revise its current Statement of Policy on BankMerger Transactions. By: Seyfarth Shaw LLP
On September 17, 2024, the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC) issued formal statements of policy on reviewing transactions under the BankMerger Act (BMA).
Regulators seek to provide clarity and transparency on the bankmerger review process, but changes may increase application complexity and unpredictability. By: Latham & Watkins LLP
The Federal Deposit Insurance Corporation (FDIC) is requesting public comment on its proposal to rescind its 2024 Statement of Policy on BankMerger Transactions (2024 Policy Statement) and reinstate its prior Statement of Policy on BankMerger Transactions (Prior Policy Statement).
On September 17, 2024, the Federal Deposit Insurance Corporation (“FDIC”) and the Office of the Comptroller of the Currency (“OCC”) issued final “statements of policy” for transactions subject to the BankMerger Act (“BMA”). By: Paul Hastings LLP
and the Office of the Comptroller of the Currency recently announced proposals to update their approaches to evaluating bankmergers and other business combinations under the BankMerger Act. The Federal Deposit Insurance Corp. Originally published by Law360 - April 26, 2024. By: WilmerHale
The first bank to meet its demise in 2024 is smaller than its 2023 counterparts. In 2023 we saw Silicon Valley Bank (“SVB”) and First Republic Bank (“First Republic”) fail. The most recent bank to experience a failure bears a striking resemblance – in name only – to one of these banks. By: Poyner Spruill LLP
On September 17, the FDIC Board approved its Final Statement of Policy on BankMerger Transactions (SOP), updating the guidelines for evaluating bankmergers. The FDIC’s final SOP addressed the scope of transactions requiring the FDIC’s approval, the process for evaluating merger applications, and the principles.
On September 17, 2024, the Department of Justice Antitrust Division (DOJ) shut the vault doors on its 1995 BankMerger Guidelines, leaving the 2023 Merger Guidelines as its sole authoritative statement on the topic of mergers across all industries. By: BakerHostetler
E252: How Issac Qureshi Built an E-Commerce Empire: Mergers, Acquisitions, and Leveraged Buyouts - Watch Here About the Guest(s): Issac Qureshi : Issac Qureshi is the founder and owner of Bauer, a mergers and acquisitions (M&A) firm specializing in e-commerce. The beauty is that it doesn't cost us anything.
On September 17, the DOJ announced its withdrawal from the 1995 BankMerger Guidelines, stating the 2023 Merger Guidelines will be the only authoritative statement across all industries. By: Orrick, Herrington & Sutcliffe LLP
As readers might recall, billionaire Elon Musk borrowed $13 billion from Morgan Stanley, Bank of America and five other major banks to help finance the $44 billion acquisition of Twitter, as it was then called. X, the social network formerly known as Twitter, looks like a pretty bad investment right about now. All rights reserved.
The FDIC proposed revisions last month to its existing policy on how it evaluates merger transactions that require the FDIC's approval under the BankMerger Act (BMA). By: Venable LLP
On March 21, the Federal Deposit Insurance Corporation (FDIC) published for comment a proposal (Proposal) to revise its Statement of Policy on BankMerger Transactions (SOP). If adopted as proposed, the Proposal would modify the SOP substantially, effectively creating an entirely new policy.
On September 17, the OCC approved a final rule amending its procedures for reviewing applications under the BankMerger Act. The rule will aim to provide clearer guidelines for institutions regarding the OCC’s review process for bankmergers and ensure institutions remain relevant in the current financial landscape.
On March 21, the FDIC issued a request for comment on its proposed Statement of Policy (SOP) on bankmerger transactions, which will aim to update, strengthen, and clarify the FDIC’s approach to bankmerger evaluation. By: Orrick, Herrington & Sutcliffe LLP
On January 29, 2024, the OCC issued a proposed policy statement[1] describing the general principles it uses to evaluate applications for approval of transactions under the BankMerger Act (“BMA”), principally bankmergers, consolidations, and deposit assumptions (“Business Combinations”).
On April 10, the OCC announced a notice published in the Federal Register extending the comment period for the OCC’s proposed rule on bankmergers. The NPRM titled, “Business Combinations under the BankMerger Act,” was originally published on February 14. By: Orrick, Herrington & Sutcliffe LLP
The Situation: On January 29, 2024, the Office of the Comptroller of the Currency ("OCC") requested comment on a proposed rule updating its bankmerger rules and incorporating a policy statement (the "Proposal") on agency review of merger applications. By: Jones Day
On January 29, the OCC announced a proposed rule for bankmerger approvals under the BankMerger Act (BMA). The OCC proposed changes to 12 CFR 5.33 to reflect its view that a business combination is a significant corporate transaction. By: Orrick, Herrington & Sutcliffe LLP
Office of the Comptroller of Currency (OCC) released a notice of proposed rulemaking (NPR) seeking to “increase the transparency of the standards that apply to the agency’s review of business combinations involving national banks and Federal savings associations.” By: Proskauer - Regulatory & Compliance
In the wake of major bank failures in the US, the Department of Justice (DOJ) has signaled that it plans to step up antitrust enforcement of bankmergers. T]he division is modernizing its approach to investigating and reporting on. By: Cooley LLP
The Proposal clarifies the FDIC’s bankmerger approval process but may prove challenging for new large bank consolidations with the FDIC as the primary regulator. By: Latham & Watkins LLP
On January 29, 2024, the Office of the Comptroller of the Currency (the “OCC”) proposed guidance in the form of a policy statement to provide greater transparency around the factors considered by the agency when approving transactions under the BankMerger Act. By: Kilpatrick
The Bank of England’s Financial Policy Committee (FPC) and the Prudential Regulation Authority (PRA) recently delivered a series of speeches1 raising their concerns about the evolution of private equity financing and the banking sector’s exposure to the private equity industry.
James Stevens, co-leader of Troutman Pepper Lockes Financial Services Industry Group, was quoted in the March 5, 2025 Banking Dive article, FDIC Withdraws Merger Policy, Brokered Deposits Proposal.. By: Troutman Pepper Locke
The ever-growing pool of Washington alphabet soup agencies targeting the use of employee non-competes has expanded and now includes — along with the FTC and NLRB – the Federal Deposit Insurance Corporation (FDIC). By: BakerHostetler
FairMoney, a digital bank based in Lagos and headquartered in Paris, is in discussions to acquire Umba, a credit-led digital bank providing payroll and financial services to customers in Nigeria and Kenya, in a $20 million all-stock deal, sources tell TechCrunch.
Davies’ Canadian Mergers & Acquisitions guide draws on our substantial cross-border M&A experience to offer guidance on both the legal framework and practical aspects of Canadian mergers and acquisitions, including critical tax and regulatory considerations. Please see full Guide below for more information.
The Federal Deposit Insurance Corporation (“FDIC”) recently published a Federal Register notice seeking public comment on proposed revisions to the FDIC’s Statement of Policy on BankMerger Transactions (the “SOP”).
Introduction - On 29 January 2024, the Office of the Comptroller of the Currency (OCC) issued a notice of proposed rulemaking (NPR) regarding its review of BankMerger Act (BMA) applications. By: K&L Gates LLP
Justice Department (DOJ or Department), announced that the Department will reassess its approach to bankmerger enforcement given current market realities. Specifically, the Department will assess whether the factual and economic assumptions underlying its 1995 BankMerger Guidelines are adequate to measure today’s competition.
On August 9, Senators Sherrod Brown (D-OH), Elizabeth Warren (D-MA), Jack Reed (D-RI), and John Fetterman (D-PA) wrote a letter to the Chair and Vice Chair of Supervision for the Board of Governors of the Federal Reserve System urging the Fed to “review and reconsider” its procedures for approving bankmergers. .
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