Section 1 Short title
This Act may be cited as the “Bank Failure Prevention Act of 2024”.
Bank Failure Prevention Act of 2024
A BILL
To specify when the record is complete on certain acquisition applications related to depository institution holding companies, and for other purposes.
Sec. 2 Complete record on an application
Bank holding companies— Section 3(b)(1) of the Bank Holding Company Act of 1956 (12 U.S.C. 1842(b)(1)) is amended—
by striking “Upon receiving” and inserting the following:
“(A) In general—Upon receiving”
by striking “required” and inserting “acquired”;
by striking “In the event of the failure of the Board to act on any application for approval under this section within the ninety-one-day period which begins on the date of submission to the Board of the complete record on that application, the application shall be deemed to have been granted.”; and
by adding at the end the following:
“(B) Complete record on an application
“(i) Notice to applicant—Not later than 30 days after the date on which the Board receives an application for approval under this section, the Board shall transmit to the applicant a letter that either—
“(I) confirms the record on the application is complete; or
“(II) details all additional information that is required for the record on that application to be complete.
“(ii) Extension of notice—Notwithstanding clause (i), the Board may, if an application is unusually complex, extend the 30-day period described under clause (i) for an additional 30 days.
“(iii) Receipt of response; deeming of complete record—Upon receipt of a response from an applicant to a notice requesting additional information described under clause (i)(II), the record on the application shall be deemed complete unless the Board—
“(I) determines that the applicant’s response was materially deficient; and
“(II) not later than 30 days after the date on which the Board received the response, provides the applicant a detailed notice describing the deficiencies.
“(iv) Treatment of third-party information—In determining whether the record on an application is complete, the Board may take into account only information provided by the applicant, and may not base the determination of the Board on any information (including reports, views, or recommendations) provided by third parties.
“(C) Deadline for determination
“(i) In general—Notwithstanding subparagraphs (A) and (B), the Board shall grant or deny an application submitted under this section not later than 90 days after the date on which the application was initially submitted to the Board, regardless of whether the record on such initial application was complete.
“(ii) Failure to make a determination—If the Board does not grant or deny an application within the time period described under clause (i), such application shall be deemed to have been granted.”
Savings and loan holding companies— Section 10(e) of the Home Owners’ Loan Act (12 U.S.C. 1467a(e)) is amended—
in paragraph (2), by striking “, and shall render a decision within 90 days after submission to the Board of the complete record on the application”;
by redesignating paragraph (7) as paragraph (9); and
by inserting after paragraph (6) the following:
“(7) Complete record on an application
“(A) Notice to applicant—Not later than 30 days after the date on which the Board receives an application for approval under this subsection, the Board shall transmit to the applicant a letter that either—
“(i) confirms the record on the application is complete; or
“(ii) details all additional information that is required for the record on that application to be complete.
“(B) Extension of notice—Notwithstanding subparagraph (A), the Board may, if an application is unusually complex, extend the 30-day period described under subparagraph (A) for an additional 30 days.
“(C) Receipt of response; deeming of complete record—Upon receipt of a response from an applicant to a notice requesting additional information described under subparagraph (A)(ii), the record on the application shall be deemed complete unless the Board—
“(i) determines that the applicant’s response was materially deficient; and
“(ii) not later than 30 days after the date on which the Board received the response, provides the applicant a detailed notice describing the deficiencies.
“(D) Treatment of third-party information—In determining whether the record on an application is complete, the Board may take into account only information provided by the applicant, and may not base the determination of the Board on any information (including reports, views, or recommendations) provided by third parties.
“(8) Deadline for determination
“(A) In general—Notwithstanding any other provision of this subsection, the Board shall grant or deny an application submitted under this subsection not later than 90 days after the date on which the application was initially submitted to the Board, regardless of whether the record on such initial application was complete.
“(B) Failure to make a determination—If the Board does not grant or deny an application within the time period described under subparagraph (A), such application shall be deemed to have been granted.”