FDIC Issues Proposal on Bank Merger Transactions
September 17, 2026 / Source: FDIC
Summary:
The Federal Deposit Insurance Corporation (FDIC) today issued a notice of proposed rulemaking to modernize and reform the process by which the FDIC reviews merger transactions subject to FDIC approval under the Bank Merger Act (BMA).
The proposed rule would tailor the merger filing and processing requirements to reflect the risk profile of a merger transaction and the attributes of the acquiring institution, institution to be acquired, and resulting institution as well as reduce or remove outdated provisions. Additionally, the proposed rule would comprehensively reform the FDIC’s approach to evaluating the statutory factors under the BMA.
Statement of Applicability: The contents of, and material referenced in, this FIL apply to all FDIC-supervised financial institutions.
Highlights:
Key reforms under the proposed rule include:
- a rapid processing framework with a letter filing requirement and deemed approval for de minimis merger transactions;
- reduced processing times for other types of merger transactions;
- reduced public notice and comment period requirements;
- clarifications and limits on the FDIC’s ability to remove a filing from expedited processing;
- a predictable standard for determining whether a transaction is a “merger in substance”;
- a reformed competitive effects analysis that incorporates credit union shares and centrally booked deposits; and
- a revised framework for evaluating the financial stability factor.
Comments on the attached proposal are due 60 days after the date of publication in the Federal Register.
FIL-59-2026