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Financial Services Law Insights and Observations

OCC Updates Comptroller’s Licensing Manual Booklet to Provide Guidance on Failure Acquisitions

Agency Rule-Making & Guidance OCC Enforcement FDIC Licensing Comptroller's Licensing Manual

Agency Rule-Making & Guidance

On August 3, the Office of the Comptroller of the Currency (OCC) released OCC Bulletin 2017-26 announcing a revised version of its “Failure Acquisitions” booklet designed to provide guidance on several policies and procedures impacting national banks and federal savings associations interested in acquiring a failed depository institution through the FDIC’s bidding process. The booklet, which is part of the Comptroller’s Licensing Manual, covers:

  • an overview of the process banks must follow when submitting a purchase and assumption (P&A) application, which requires OCC approval before a bank can begin the FDIC bidding process;
  • considerations undertaken by the OCC when reviewing a P&A application;
  • a description of the process and elements of the application, including public notice and competitive factors, as well as legal and accounting standards; and
  • references and links to informational resources.