# 2026-19308: FDIC Speeds Up Bank Mergers with New Review Rules 2026-19308, Merger Transactions, is a Federal Register proposed rule from Federal Deposit Insurance Corporation published 2026-09-22, effective Comments must be received on or before November 23, 2026.; PRIA reads it as touching household money (as of 2026-09-29). - Canonical: https://policyrisk.com/federal-register/2026-19308 - As of: 2026-09-29 - Plain-text twin of the page above; the HTML and this file carry the same facts. ## Facts - Document number: 2026-19308 - Title: Merger Transactions - Type: Proposed Rule - Agencies: Federal Deposit Insurance Corporation - Citation: 91 FR 60196 - Published: 2026-09-22 - Effective: Comments must be received on or before November 23, 2026. - Comments close: 2026-11-23 - Significant: no - Touches household money: yes - Regulation identifier numbers: 3064-AG18 - Last updated: 2026-09-29 ## In one line FDIC Speeds Up Bank Mergers with New Review Rules ## Summary The FDIC is proposing new rules to make bank merger reviews faster, clearer, and fairer. These changes affect banks, credit unions, and anyone involved in mergers by simplifying paperwork, speeding up approvals, and updating how deals are judged. Comments on the proposal are open until November 23, 2026, so now’s the time to weigh in! ## Abstract The Federal Deposit Insurance Corporation (FDIC) is inviting comment on a proposed rule that would fundamentally reform important aspects of the FDIC's approach to processing and evaluating merger transactions subject to the Bank Merger Act (BMA). Notable reforms under the proposed rule would include: accounting for credit unions and centrally booked deposits in the initial competitive effects analysis; establishing a letter filing process with "deemed approval" for "de minimis merger transactions;" tailoring other merger filing requirements to reduce burden and processing times based on the size and risk profile of a merger transaction and the attributes of the acquiring and resulting institution; limiting and clarifying the FDIC's discretion to remove a filing from expedited processing; and codifying the FDIC's reformed approach to evaluating the statutory factors under the BMA. Collectively, the revisions under the proposed rule would improve the speed, certainty, and predictability of the FDIC's bank merger framework in a manner consistent with the BMA. In addition, the proposed rule would modernize the framework to better reflect the competitive environment of the U.S. banking industry, including by tailoring it to reflect the full range of merger transactions subject to FDIC review along with reforming or eliminating outdated provisions. ## Effects PRIA read - Fast 'De Minimis' Merger Approval: benefit, medium. The FDIC would create a new "de minimis merger" category that, if the deal meets the listed criteria (e.g., assets acquired below the adjusted HSR lower threshold and under 5% of the acquirer's assets, the resulting institution is well-capitalized, and involved institutions meet ratings such as a c… - Larger Deals Eligible for Expedited Review: benefit, medium. The FDIC would expand the asset threshold for expedited processing for eligible depository institutions so that the total assets to be acquired may be up to 25 percent (instead of the current 10 percent) of the acquiring institution's total assets as reported in its Call Report for the immediately… - New Timelines for Merger Decisions: benefit, medium. Under the proposed rule, filings that do not qualify for rapid or expedited processing would receive a written determination within 90 days after a substantially complete filing if (1) the resulting institution would have less than $50 billion in assets, (2) authority is not reserved to the FDIC Bo… - Filing Completeness Clock and Deadlines: benefit, low. If the FDIC finds a merger filing incomplete, it must notify the applicant with required information within 21 days of receipt; the applicant then has 30 days to supply the information or the FDIC may return the filing as incomplete. If the FDIC does not notify the applicant within 21 days, the fil… - Competition Screen Now Counts Credit Unions: benefit, medium. The FDIC would update its initial competitive screen (the HHI) to include deposits of all banks and thrifts, centrally booked deposits, and shares of credit unions. The rule creates a safe harbor: absent objection from the Attorney General, the FDIC would not deny a merger on competition grounds wh… - New Notice Rule for Big Asset Purchases: cost, medium. The rule would create a notice-and-non-objection regime for "significant asset transfers," defined as transactions (or series of transactions with the same counterparty) that increase an acquiring FDIC-supervised institution's assets by 25 percent or more over a rolling 12-month period. The FDIC wo… - Clear 'Merger in Substance' Threshold: benefit, low. The FDIC would define a "merger in substance" as any transaction or series of transactions over a rolling 12-month period in which an insured depository institution directly or indirectly acquires all or substantially all (defined as 80 percent or more) of another institution's assets. - Fewer Filings Pulled for Public Comment: mixed, medium. The proposed rule says the FDIC expects to use its discretion to remove filings from expedited processing sparingly—particularly for adverse public comments or Community Reinvestment Act (CRA) protests—and would not remove a qualifying expedited filing just because an adverse comment or CRA protest… ## Related documents - [2026-17823](https://policyrisk.com/federal-register/2026-17823): Unsafe or Unsound Practices, Matters Requiring Attention, 2026-09-01 - [2026-08298](https://policyrisk.com/federal-register/2026-08298): Regulatory Capital Rule: Community Bank Leverage Ratio Framework, 2026-04-29 - [2026-05960](https://policyrisk.com/federal-register/2026-05960): Regulatory Capital Rules: Regulatory Capital and Standardized Approach for Risk-Weighted Assets, 2026-03-27 - [2025-21626](https://policyrisk.com/federal-register/2025-21626): Regulatory Capital Rule: Modifications to the Enhanced Supplementary Leverage Ratio Standards for U.S. Global Systemically Important Bank H…, 2025-12-01 - [2025-21625](https://policyrisk.com/federal-register/2025-21625): Regulatory Capital Rule: Revisions to the Community Bank Leverage Ratio Framework, 2025-12-01 - [2026-20735](https://policyrisk.com/federal-register/2026-20735): Extensions of Credit to Insiders, 2026-10-09 ## Sources - [2026-19308 on federalregister.gov](https://www.federalregister.gov/documents/2026/09/22/2026-19308/merger-transactions) - [2026-19308 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-09-22/pdf/2026-19308.pdf) ## Related - [Previous: 2026-19290, Privacy Act Regulations](https://policyrisk.com/federal-register/2026-19290) - [Next: 2026-19310, State Bank Parity](https://policyrisk.com/federal-register/2026-19310) - [All Federal Register documents](https://policyrisk.com/federal-register) Source: PRIA, https://policyrisk.com/federal-register/2026-19308 (as of 2026-09-29).