Advocacy Submits Comments on the OCC’s NPRM on Business Combinations Under the Bank Merger Act

On April 15, 2024, the Office of Advocacy submitted comments on the Office of the Comptroller of the Currency’s (OCC) proposed rule on Business Combinations Under the Bank Merger Act.

The proposed rule would amend the procedures and would add an appendix outlining a policy statement that summarizes the principles the OCC uses when it reviews proposed bank merger transactions under the Bank Merger Act. It would also remove provisions for expedited review and the use of streamlined applications.

Advocacy expressed concerns about the OCC’s failure to properly describe the number of small financial institutions that may be impacted by the proposed rule and the nature of the economic impact under the Regulatory Flexibility Act (RFA). 

Advocacy asserted that the OCC failed to acknowledge that small financial institutions could be negatively impacted by a delay in the merger. According to stakeholders, removing the expedited process may be costly and could interfere with a small financial institution’s ability to obtain capital in a timely manner. 

Advocacy argued that there was no indication that small entities were causing problems by using the streamlined form and expedited review. If small financial institutions were not causing the problem, the OCC should maintain the status quo for small entities.

For more information, please contact Assistant Chief Counsel Jennifer Smith at


Comment Letter – OCC Business Combinations Under the Bank Merger Act (PDF, 86.7 KB)

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