Regulation Of Financial Institutions M&A in the United States

I Introduction

M&A involving financial institutions, which for the purposes of this chapter are defined to include banks and insurance companies, constitute a major segment of the US M&A market every year. This chapter examines the evolving legal and regulatory features of M&A deals in the financial services market, and seeks to provide guidance as to how the changing face of regulation is likely to impact transactions in this important market segment. This chapter is written at a time of great uncertainty related to the covid-19 pandemic and its impact on the global economy. Moreover, the Biden administration could herald a return to more strict regulation, particularly over larger banks. How those events are ultimately resolved will likely have a substantial impact on financial institutions in the United States, and on their activity in the M&A market.

ii Bank M&A

With approximately 230 mergers per year over the past decade,2 and almost 5,000 banks…

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