Sec. 9. Transparency in merger review
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Section 18(c) of the Federal Deposit Insurance Act ( 12 U.S.C. 1828(c) ), as amended by section 8, is further amended by adding at the end the following new paragraph: In any application under this section— an insured depository institution shall— disclose whether any persons employed by, representing, or acting on behalf of the depository institution have had verbal or written communications with the responsible agency, a Federal reserve bank, or any other Federal regulatory agency regarding the proposed merger transaction; and identify the dates and the names of individuals involved in, and the content of, all communications described in subclause (I); and the chief executive officer and chief legal officer of an insured depository institution shall certify that no persons employed by, representing, or acting on behalf of the depository institution asked for or received assurances from the responsible agency, a Federal reserve bank, or any other Federal regulatory agency that the proposed merger transaction would be approved of that there would be no barriers to such approval.
An insured depository institution shall update the disclosure and certification described in subparagraph
(A)as needed within 2 business days of any communication that occurs before the responsible agency makes a final decision on a proposed merger transaction. The responsible agency shall publish on the website of such agency the disclosure, certification, and any updates required under this paragraph within 1 business day of receipt. . Section 3(c) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1842(c) ), as amended by section 8, is further amended by adding at the end the following new paragraph: In any application under this section— a bank holding company shall— disclose whether any persons employed by, representing, or acting on behalf of the bank holding company have had verbal or written communications with the Board, a Federal reserve bank, or any other Federal regulatory agency regarding the proposal; and identify the dates and the names of individuals involved in, and the content of, all communications described in subclause (I); and the chief executive officer and chief legal officer of a bank holding company shall certify that no persons employed by, representing, or acting on behalf of the bank holding company asked for or received assurances from the Board, a Federal reserve bank, or any other Federal regulatory agency that the proposal would be approved of that there would be no barriers to such approval. A bank holding company shall update the disclosure and certification described in subparagraph
(A)as needed within 2 business days of any communication that occurs before the Board makes a final decision on a proposal. The Board shall publish on the website of the Board the disclosure, certification, and any updates required under this paragraph within 1 business day of receipt. . Section 4(j) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(j) ) as amended by section 8, is further amended by adding at the end the following new paragraph: In any notice under this section— a bank holding company shall— disclose whether any persons employed by, representing, or acting on behalf of the bank holding company have had verbal or written communications with the Board, a Federal reserve bank, or any other Federal regulatory agency regarding the proposal; and identify the dates and the names of individuals involved in, and the content of, all communications described in subclause (I); and the chief executive officer and chief legal officer of a bank holding company shall certify that no persons employed by, representing, or acting on behalf of the bank holding company asked for or received assurances from the Board, a Federal reserve bank, or any other Federal regulatory agency that the proposal would be approved of that there would be no barriers to such approval. A bank holding company shall update the disclosure and certification described in subparagraph
(A)as needed within 2 business days of any communication that occurs before the Board makes a final decision on a proposal. The Board shall publish on the website of the Board the disclosure, certification, and any updates required under this paragraph within 1 business day of receipt. .
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