News & Analysis as of

Bank Merger Act

Orrick, Herrington & Sutcliffe LLP

President Trump signs law rescinding OCC rule on bank mergers

On June 20, President Trump signed into law S.J. Res. 13, which of the final rule submitted by the OCC titled “Business Combinations Under the Bank Merger Act.” As previously covered by InfoBytes, the OCC approved a final...more

Nutter McClennen & Fish LLP

Nutter Bank Report: May 2025

The FDIC and OCC have rescinded policy statements adopted in 2024 that changed the ways each agency considered bank merger transactions and have reinstated their prior procedures for evaluating bank mergers. The FDIC on May...more

Sheppard Mullin Richter & Hampton LLP

FDIC Rescinds 2024 Merger Guidelines; House Votes to Repeal OCC Rule Under CRA

On May 20, federal merger policy took a sharp turn as the FDIC voted to rescind its 2024 merger guidelines, and the U.S. House passed a Congressional Review Act (CRA) resolution to repeal the OCC’s 2024 merger rule....more

Latham & Watkins LLP

OCC Bank Merger Rule Rescinded in Latest Regulatory Reversal

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The OCC is restoring its former practices and policies under the Bank Merger Act to reinstate expedited merger reviews and streamlined business combination applications....more

Orrick, Herrington & Sutcliffe LLP

OCC to restore its streamlined Bank Merger Act regulations

On May 8, the OCC adopted an interim final rule to restore streamlined application and review procedures under the Bank Merger Act. The rule aims to provide clearer guidelines for institutions regarding the OCC’s review...more

Cadwalader, Wickersham & Taft LLP

Certainty and Uncertainty, May 2025 - OCC Issues Interim Final Rule Undoing 2024 Merger Rule and Guidance

On May 8, the Office of the Comptroller of the Currency (“OCC”) issued an interim final rule rescinding the 2024 final rule to OCC merger procedures and an accompanying policy statement....more

Davis Wright Tremaine LLP

OCC Reverts to Prior Merger Rules

The Office of the Comptroller of the Currency (OCC) has issued an interim final rule that restores streamlined and expedited regulatory procedures to review applications under the Bank Merger Act for business combinations...more

Husch Blackwell LLP

OCC Aims to Streamline Bank Merger Reviews

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On May 8, 2025, the Office of the Comptroller of the Currency (OCC) announced its adoption of an interim final rule (IFR) that amends its 2024 final rule related to its regulations for business combinations involving national...more

Cadwalader, Wickersham & Taft LLP

FDIC Seeks Comment on Proposal to Rescind Its 2024 Statement of Policy on Bank Merger Transactions

The Federal Deposit Insurance Corporation (“FDIC”) is requesting public comment on its proposal to rescind its 2024 Statement of Policy on Bank Merger Transactions (“2024 Policy Statement”) and reinstate its prior Statement...more

Latham & Watkins LLP

FDIC Conducts Regulatory Review and Purge

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Under its new acting chairman appointed by President Trump, the FDIC charges ahead with its new agenda by rolling back key Biden-era regulatory efforts. On March 3, 2025, the Federal Deposit Insurance Corporation (FDIC)...more

Ballard Spahr LLP

FDIC proposing rescinding merger policy adopted in September

Ballard Spahr LLP on

The FDIC has proposed rescinding the agency’s 2024 Statement of Policy on Bank Merger Transactions. FDIC officials said at the time of issuance that the Statement of Policy addresses the scope of transactions that will be...more

Cadwalader, Wickersham & Taft LLP

Changes Afoot

As the new administration settles in, it has begun to catalyze significant changes in the bank supervisory and regulatory environment. The FDIC is the first mover in this effort. Longtime director and sometime Chairman Martin...more

Davis Wright Tremaine LLP

Acquiring or Investing in Banks – More Interest Expected in a Second Trump Administration

Federal banking agencies under a second Trump Administration are expected to be more receptive to industry proposals for bank mergers, acquisitions, and related transactions. We've previously explored national trust banks and...more

Latham & Watkins LLP

FDIC, OCC Finalize Policy on Bank Merger Transactions

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Regulators seek to provide clarity and transparency on the bank merger review process, but changes may increase application complexity and unpredictability. Consistent with ongoing initiatives to strengthen US antitrust...more

Paul Hastings LLP

Ch…Ch…Ch…Changes for Reviewing Bank Mergers Adopted

Paul Hastings LLP on

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 Bank Merger Act (“BMA”)....more

Nutter McClennen & Fish LLP

Nutter Bank Report: September 2024

The FDIC, OCC, and U.S. Department of Justice (DOJ) have coordinated the release of new policies that will govern each agency’s consideration of bank merger transactions. The FDIC and OCC each published final statements of...more

Alston & Bird

FDIC, OCC, and DOJ Update Guidance on Bank Merger Evaluations

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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 bank mergers. Our...more

Ballard Spahr LLP

FDIC, OCC and Justice Department update bank merger guidelines

Ballard Spahr LLP on

The FDIC, the OCC and the Justice Department earlier this month issued updated standards for bank mergers. The three agencies acted separately, although officials noted that they had worked with the other agencies involved....more

Troutman Pepper Locke

Troutman Pepper Weekly Consumer Financial Services Newsletter - September 2024 #4

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To keep you informed of recent activities, below are several of the most significant federal and state events that have influenced the Consumer Financial Services industry over the past week....more

Orrick, Herrington & Sutcliffe LLP

OCC releases final rule on the Bank Merger Act

On September 17, the OCC approved a final rule amending its procedures for reviewing applications under the Bank Merger Act. The rule will aim to provide clearer guidelines for institutions regarding the OCC’s review process...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Modernization of the US Bank Merger Review Process Begins

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 Bank Merger Act (BMA). The...more

Nelson Mullins Riley & Scarborough LLP

New OCC Bank Merger Act (BMA) Guidance

The Office of the Comptroller of the Currency (OCC) released guidance regarding its planned changes to the Bank Merger Act (BMA).  The New Rule: Explicitly adds financial stability as a key factor for assessing mergers,...more

Troutman Pepper Locke

FDIC and OCC Finalize New Guidelines on Bank Mergers

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Yesterday, both the Federal Deposit Insurance Corporation (FDIC) and the Office of the Comptroller of the Currency (OCC) finalized new guidelines regarding bank mergers. According to the agencies, these updates aim to enhance...more

Morrison & Foerster LLP

FDIC Proposes Broader Role Under the Change in Bank Control Act

On July 30, 2024, the Federal Deposit Insurance Corporation (FDIC) issued a notice of proposed rulemaking (NPR) that would expand the FDIC’s role under the Change in Bank Control Act of 1978 (CBCA). The NPR seeks, in part, to...more

Venable LLP

The FDIC's Tougher Policy on Mergers - Why It Matters for Banks and Fintechs

Venable LLP on

The FDIC proposed revisions last month to its existing policy on how it evaluates merger transactions that require the FDIC's approval under the Bank Merger Act (BMA). ...more

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