§ 308.111. Grounds for disapproval.
274 words·~1 min read·
/us/cfr/t12/s§ 308.111·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The following are grounds for disapproval of a proposed acquisition of control of an insured nonmember bank:
(a)The proposed acquisition of control would result in a monopoly or would be in furtherance of any combination or conspiracy to monopolize or attempt to monopolize the banking business in any part of the United States;
(b)The effect of the proposed acquisition of control in any section of the United States may be to substantially lessen competition or to tend to create a monopoly or would in any other manner be in restraint of trade, and the anticompetitive effects of the proposed acquisition of control are not clearly outweighed in the public interest by the probable effect of the transaction in meeting the convenience and needs of the community to be served;
(c)Either the financial condition of any acquiring person or the future prospects of the institution might jeopardize the financial stability of the bank or prejudice the interest of the depositors of the bank.
(d)The competence, experience, or integrity of any acquiring person or of any of the proposed management personnel indicates that it would not be in the interest of the depositors of the bank, or in the interest of the public, to permit such person to control the bank;
(e)Any acquiring person neglects, fails, or refuses to furnish to the FDIC all the information required by the FDIC; or
(f)The FDIC determines that the proposed acquisition would result in an adverse effect on the Deposit Insurance Fund. [56 FR 37975, Aug. 9, 1991, as amended at 71 FR 20526, Apr. 21, 2006; 73 FR 2145, Jan. 14, 2008]