Business Combination Application - Checklist and Communi

BUSINESS COMBINATION APPLICATION
CHECKLIST AND COMMUNITY REINVESTMENT COMMITMENTS
Checklist of Attached Information
Format of Submission
Interagency Bank Merger Act Application or
Business Combination Application—Streamlined
Complete paper submission or combination paper and 3½ inch
diskette submission. If the latter, the following should also be
included: (1) a 3½ inch diskette; (2) a cover letter identifying the
filer, the filing, the filename on the diskette, and the word
processing program used; and (3) any original page(s) of the
application or attachments requiring signatures.
Copy of (a) the executed merger or transaction agreement, including any
amendments, (b) any board of directors’ resolutions related to the
transaction, and (c) interim charter’s Articles of Association, names of
organizers, and related documents, if applicable.
Request for confidentiality, if applicable
Other corporate requests
Filing fee
Specific Information for Streamlined Application (as appropriate)
A.
Authority for Filing Streamlined Submission
B.
Business Combination Application—Streamlined
List of branches that require branch authorization
C.
CRA Commitments
D.
Merger Screen
Specific Information for Standard Interagency Bank Merger Application (as
appropriate)
A.
Interagency Bank Merger Act Application
Financial Information
Pro Forma Balance Sheet
Projected Combined Statement of Income
Pro Forma and Projected Regulatory Capital
Schedule
List of Directors and Senior Executive Officers of the
Resultant Institution
List of Branches that Require Branch Authorization
B.
CRA Commitments
C.
Merger Screen
Desired Action Date
I/we desire OCC action on this application no later than (date). I hereby certify
that the bank’s board of directors, by resolution, has authorized the filing of this
application, and that to the best of my knowledge, it contains no

misrepresentations or omissions of material facts. In addition, I agree to notify
the OCC if the facts described in the filing materially change prior to receiving a
decision.
Checklist Questions
Community Reinvestment Commitments
An applicant completing either the Interagency Bank Merger Act Application or
the Business Combination Application—Streamlined must respond to the
following two questions and, if applicable, provide the requested information.
1.

Have any of the combining institutions entered into commitments with
community organizations, civic associations, or similar entities to provide
banking services to the community?
Yes No
If the answer is yes, describe the commitment.

2.

Will the resulting bank assume all the commitments described in the
previous question?
Yes No
If the answer is no, explain the reasons and describe the impact on the
communities to be affected.

Competitive Factors - Removal from Expedited Processing
Although an application may initially qualify for expedited processing, it could be
removed from expedited processing if there are competitive issues that warrant
additional review. Each applicant that submits a Competitive Analysis for an
unaffiliated business combination must answer the following questions:
1.

Does the HHI for any relevant banking market increase by more than 200
points with a post-acquisition HHI of at least 1800?
Yes No

2.

Excluding markets in which the acquiring bank has 35 percent or more of
the deposits, will the resulting bank have greater than 35 percent of the
deposits in a relevant market?
Yes No

A yes answer for either question indicates the application will be removed from
expedited processing for additional competitive review.