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12 U.S.C. § 215cMergers, consolidations, and other acquisitions authorized

submitted 35 years ago by Pub. L. 102-242 to r/title-12-BANKS-AND-BANKING · 265 words · no verdicts yet

in plain englishAI-generated · not legal advice

A national bank may acquire, or be acquired by, any insured depository institution, subject to other laws. The Comptroller must approve or deny the acquisition application within 60 days, with a possible 30-day extension if information is missing or inaccurate. This section doesn't grant national banks any new powers beyond what other laws allow.

(a) In general — Subject to sections 1815(d)(3) and 1828(c) of this title, and all other applicable laws, any national bank may acquire, or be acquired by, any insured depository institution. (b) Expedited approval of acquisitions (1) In general — Any required application for a national bank to acquire or be acquired by another insured depository institution must be approved or denied in writing within 60 days of being filed. (2) Extensions of period — The Comptroller can extend that 60-day period by another 30 days if the Comptroller decides the applicant hasn't submitted all the required information, or that some submitted information is substantially inaccurate or incomplete. (c) Rule of construction — Nothing in this section lets a national bank or its subsidiary do anything it isn't already authorized to do under other laws governing national banks' powers. (d) "Acquire" defined — "Acquire" means to directly or indirectly gain ownership or control through a merger, consolidation, asset acquisition, or assumption of liabilities — as long as, after that deal, the acquiring institution doesn't end up owning shares of the institution it acquired.
the actual law source: uscode.house.gov ↗public domain
(a) In general

Subject to sections 1815(d)(3) 1 and 1828(c) of this title and all other applicable laws, any national bank may acquire or be acquired by any insured depository institution.

(b) Expedited approval of acquisitions
(1) In general

Any application by a national bank to acquire or be acquired by another insured depository institution which is required to be filed with the Comptroller of the Currency under any applicable law or regulation shall be approved or disapproved in writing by the agency before the end of the 60-day period beginning on the date such application is filed with the agency.

(2) Extensions of period

The period for approval or disapproval referred to in paragraph (1) may be extended for an additional 30-day period if the Comptroller of the Currency determines that—

(A)

an applicant has not furnished all of the information required to be submitted; or

(B)

in the Comptroller’s judgment, any material information submitted is substantially inaccurate or incomplete.

(c) Rule of construction

No provision of this section shall be construed as authorizing a national bank or a subsidiary of a national bank to engage in any activity not otherwise authorized under this Act 1 or any other law governing the powers of national banks.

(d) “Acquire” defined

For purposes of this section, the term “acquire” means to acquire, directly or indirectly, ownership or control through a merger or consolidation or an acquisition of assets or assumption of liabilities, provided that following such merger, consolidation, or acquisition, an acquiring insured depository institution may not own the shares of the acquired insured depository institution.

Source credit: (R.S. § 5156A, as added Pub. L. 102–242, title V, § 502(b), Dec. 19, 1991, 105 Stat. 2393; amended Pub. L. 104–208, div. A, title II, § 2201(b)(1), Sept. 30, 1996, 110 Stat. 3009–403.)

history & why it existsrecord from the source credit
  • 1991Enacted · Pub. L. 102-242 · 105 Stat. 2393
  • 1996Amended · Pub. L. 104-208 · 110 Stat. 3009

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-242 on 1991-12-19.

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