In an expert analysis published by Law360, Partner Franca Harris Gutierrez, Senior Counsel Julie Williams and Associate Andrew Lindsay dive into The Federal Deposit Insurance Corp’s and the Office of the Comptroller of the Currency’s recently announced proposals to update their approaches to evaluating bank mergers and other business combinations under the Bank Merger Act.
Excerpt: “The OCC proposal maintains the agency's current jurisdiction over transactions subject to the BMA, while the FDIC statement seeks to expand its BMA jurisdiction to a variety of new transactions between insured and noninsured entities. However, these transactions lack objective criteria and clear thresholds, complicating parties' efforts to accurately identify them under the proposed framework.”
