Foreign Bank Acquisitions of U.S. Bank and Thrifts (Chapter 3)

This Chapter discusses the principal federal laws, and certain other legal considerations, involved in the acquisition of an insured U.S. bank or thrift (depository institution) by a foreign bank or its parent (foreign acquirer).2 We first introduce the federal laws governing U.S. depository institutions and the acquisition of a U.S. depository institution by a foreign bank or its parent. We then summarize a foreign acquirer’s options for structuring a U.S. acquisition and briefly address certain state corporate law requirements and disclosure requirements under the federal and state securities laws that affect such an acquisition. We then set forth the federal bank or thrift regulatory approvals that would be required under each option. Finally, we summarize the significant federal laws to which a foreign acquirer will become subject upon the completion of any acquisition.