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Statement of Policy on Bank Merger Transactions rule (2025)

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Significant regulatory action is a term used to describe an agency rule that has had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. As part of its role in the regulatory review process, the Office of Information and Regulatory Affairs (OIRA) determines which rules meet this definition.


Statement of Policy on Bank Merger Transactions
Agency: Federal Deposit Insurance Corporation
Action: Proposed rule
Type: Not deemed significant
Federal code: 12 CFR Part 303
Estimated cost:[1] $0
Estimated benefit:[1] $0

The Statement of Policy on Bank Merger Transactions rule is a proposed rule issued by the Federal Deposit Insurance Corporation (FDIC) with a public comment period that ended on April 10, 2025, seeking to rescind the 2024 Statement of Policy on Bank Merger Transactions and reinstate the 2008 Statement of Policy on Bank Merger Transactions.[2]

The Statement of Policy on Bank Merger Transactions rule was proposed on March 11, 2025, and went into effect August 4, 2025.

Timeline

The following timeline details key rulemaking activity:

Background

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The Federal Deposit Insurance Corporation (FDIC) is proposing to rescind its 2024 bank merger policy and revert to its 2008 rules, citing concerns that the newer policy created uncertainty in the review process. The change aims to restore predictability by reemphasizing the use of the Herfindahl-Hirschman Index (HHI) for competitive analysis.

Summary of the rule

The following is a summary of the rule from the rule's entry in the Federal Register:[2]

“ The FDIC's bank merger review process has become less transparent and less predictable, leaving prospective applicants unclear about their prospects for approval and the resources and time they will need to allocate to the merger application process. Accordingly, in the interim, the FDIC is proposing to return to the historical approach, which is well-understood by the public and market participants, while the agency develops future policy.[3] ”

Summary of provisions

The following is a summary of the provisions from the rule's entry in the Federal Register:[2]

“ The FDIC is requesting public comment on a proposal to rescind the Statement of Policy on Bank Merger Transactions published in 2024 and reinstate its prior Statement of Policy on Bank Merger Transactions.[3] ”

Significant impact

See also: Significant regulatory action

Executive Order 12866, issued by President Bill Clinton (D) in 1993, directed the Office of Management and Budget (OMB) to determine which agency rules qualify as significant rules and thus are subject to OMB review.

Significant rules have had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. Executive Order 12866 further defined an economically significant rule as a significant rule with an associated economic impact of $100 million or more. E.O. 14215, issued on February 18, 2025, by President Donald Trump (R), required independent agencies to comply with all aspects of OMB review, including review by the Office of Information and Regulatory Affairs (OIRA). The text of the proposed rule does not state whether OMB deemed this rule economically significant under E.O. 12866.

Text of the rule

The full text of the rule is available below:[2]

See also

External links

Footnotes

  1. ↑ 1.0 1.1 Note: Estimated costs and estimated benefits here refer to estimated quantitative costs represented by dollar amounts. The estimates are a required part of the rulemaking process and are provided in the rule text. For qualitative costs or benefits, see the summaries of rule purpose and provisions.
  2. ↑ 2.0 2.1 2.2 2.3 2.4 Federal Register, "Statement of Policy on Bank Merger Transactions," March 11, 2025
  3. ↑ 3.0 3.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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