Sec. 5. Financial stability considerations for merger transactions
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Section 18(c) of the Federal Deposit Insurance Act ( 12 U.S.C. 1828(c) ), as amended by section 4, is further amended— in paragraph (5)— in subparagraph (A), by striking or at the end; in subparagraph (B), by striking the period at the end and inserting , or ; and by inserting after subparagraph
(B)the following new subparagraph: any proposed merger transaction for which the resulting insured depository institution would receive a score greater than 25 on the assessment described in paragraph (17)(B). ; and by adding at the end the following new paragraph: In considering the risk to the stability of the United States banking or financial system under paragraph (5), the responsible agency shall— take into account— the insured depository institutions or bank holding companies that might acquire the applicant insured depository institution if the resulting insured depository institution were to fail after consummation of the proposed merger; and whether such an acquisition would result in greater or more concentrated risks to the stability of the United States banking or financial system; and use the assessment methodology developed by the Basel Committee on Banking Supervision for assessing global systemically important banks. . Section 3(c)(7) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1842(c)(7) ), as amended by section 4, is further amended— by striking In every case, and inserting the following: In every case, ; and by adding at the end the following new subparagraphs: The Board shall not approve an application under this section for which the resulting company would receive a score greater than 25 on the assessment described in subparagraph (C)(ii). In considering the risk to the stability of the United States banking or financial system, the Board shall— take into account— the insured depository institutions or bank holding companies that might acquire the resulting company if it were to fail after consummation of the proposed transaction; and whether such an acquisition would result in greater or more concentrated risks to the stability of the United States banking or financial system; and use the assessment methodology developed by the Basel Committee on Banking Supervision for assessing global systemically important banks. . Section 4(j)(2) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(j)(2) ), as amended by section 4, is further amended by adding at the end the following new subparagraphs: The Board shall deny a notice filed pursuant to this subsection if the resulting company would receive a score greater than 25 on the assessment described in subparagraph (H)(ii). In considering the risk to the stability of the United States banking or financial system, the Board shall— take into account— the insured depository institutions or bank holding companies that might acquire the applicant bank holding company if the resulting company were to fail after consummation of the proposed proposal; and whether such an acquisition would result in greater or more concentrated risks to the stability of the United States banking or financial system; and use the assessment methodology developed by the Basel Committee on Banking Supervision for assessing global systemically important banks. .
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Sec. 5
Financial stability considerations for merger transactions
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