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§192.625. Eligibility for a voluntary supervisory conversion.

12 C.F.R. § 192.625

(a)
Eligibility. An insured savings association may be eligible to convert under this subpart B if:
(1)
The savings association is significantly undercapitalized (or undercapitalized and a standard conversion that would make the savings association adequately capitalized is not feasible) and the savings association will be a viable entity following the conversion;
(2)
Severe financial conditions threaten the savings association's stability and a conversion is likely to improve its financial condition;
(3)
The FDIC will assist the savings association under section 13 of the Federal Deposit Insurance Act, 12 U.S.C. 1823; or
(4)
The savings association is in receivership and a conversion will assist the savings association.
(b)
Requirements for viability after conversion. The savings association will be a viable entity following the conversion if it satisfies all of the following:
(1)
The savings association will be adequately capitalized as a result of the conversion;
(2)
The savings association, its proposed conversion, and its acquiror(s) comply with applicable supervisory policies;
(3)
The transaction is in the savings association's best interest, and the best interest of the Deposit Insurance Fund and the public; and
(4)
The transaction will not injure or be detrimental to the savings association, the Deposit Insurance Fund, or the public interest.
Notes, amendments, and revision history

Authority

Authority: 12 U.S.C. 1462a, 1463, 1464, 1467a, 2901 et seq., 5412(b)(2)(B); 15 U.S.C. 78c, 78 l , 78m, 78n, 78w.

Source

Source: 85 FR 42643, July 14, 2020, unless otherwise noted.