InfoBytes Blog
FDIC Announces Final Rule Amending the Filing Requirements and Procedures for Changes in Control
On December 16, the FDIC issued Financial Institution Letter FIL-60-2015 announcing the final rule amending filing requirements and processing procedures for notices filed under the Change in Bank Control Act. The final rule applies to all FDIC-supervised institutions, including those with assets under $1 billion. Some of the changes brought by the rule, effective January 1, 2016, include (i) consolidating and conforming the change-in-control regulation of state savings associations and rescinding prior regulation and guidance transferred from the Office of Thrift Supervision; (ii) adopting presumptions of acting in concert with the other federal banking agencies; (iii) defining terms that were previously undefined, such as “voting securities”; (iii) establishing reporting requirements for stock loans held by foreign banks and their affiliates, and for a CEO and bank director following a change of control; and (iv) subject to waiver, requiring a person who was approved to and has acquired control of a covered institution to file a second notice if that person's ownership, control, or power to vote will increase to 25% or more of any class of voting securities.