FDIC Proposal on Change-in-Control Notices Has Potential Ripple Effects on M&A

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Alexandra Barrage, a partner in Troutman Pepper’s Corporate Practice Group, was quoted in the August 29, 2024 S&P Global Market Intelligence article, “FDIC Proposal on Change-in-Control Notices Has Potential Ripple Effects on M&A.”

Some advisers suggested the bank regulatory agencies could join forces without this proposed rule, though they have not always coordinated on various works in the past. Although the agencies could collaborate informally, Alexandra Steinberg Barrage, partner at Troutman Pepper Hamilton Sanders LLP, pointed out a potential challenge with that.

“What happens when the FDIC disagrees?” Barrage, who advises on regulatory matters and formerly worked at the FDIC, said in an interview. If “you do have the beginnings of a turf disagreement, the Fed will point to the statute and say, ‘Well, you’re exempted from this. We were just doing this to extend a courtesy.’ … I’m not saying that would happen, but I’m saying if you really want this to happen the right way, you look to update the rule.”

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