The Federal Reserve Board ("FRB") proposal to modify
its regulations for determining "whether a company has the
ability to exercise a controlling influence" on another
company under the Bank Holding Company Act and the Home Owners'
Loan Act was published in the Federal Register. Comments on
the proposal must be received by July 15, 2019.
As
previously covered, the proposal identifies several factors and
thresholds that the FRB will use to determine whether a company has
such a "controlling influence," including:
- the company's total voting and non-voting equity investment
in the bank;
- director, officer and employee overlap between the company and
the bank in question; and