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Financial Services Law Insights and Observations

Fed issues enforcement action against state bank and its holding company

Bank Regulatory Federal Issues Federal Reserve Enforcement

On August 17, the Fed announced an enforcement action against a state bank and its holding company for failing to comply with conditions imposed during the approval process for the bank to become a member of the Federal Reserve System and subsequent application for acquisition. Namely, the order provides that, among other conditions and limitations, the bank was required to provide advance notice of any change in its business plan, and was found to have changed the business plan without the requisite prior written approval. As part of the order, the bank will wind down its operations as part of a purchase agreement where it will sell its assets to a third-party bank and it will ensure the conservation of capital, preservation of cash assets, and will limit its business activities to only those necessary to consummate the purchase agreement.