(a) In general. In evaluating a notice under section 225.23 or section
225.24, the Board shall consider whether the notificant’s performance
of the activities can reasonably be expected to produce benefits to
the public (such as greater convenience, increased competition, and
gains in efficiency) that outweigh possible adverse effects (such
as undue concentration of resources, decreased or unfair competition,
conflicts of interest, and unsound banking practices).
(b) Financial and managerial
resources. Consideration of the factors in paragraph (a) of this
section includes an evaluation of the financial and managerial resources
of the notificant, including its subsidiaries, and any company to
be acquired, and the effect of the proposed transaction on those resources,
and the management expertise, internal-control and risk-management
systems, and capital of the entity conducting the activity.
(c) Competitive effect of de
novo proposals. Unless the record demonstrates otherwise, the
commencement or expansion of a nonbanking activity de novo is presumed
to result in benefits to the public through increased competition.
(d) Denial for lack of
information. The Board may deny any notice submitted under this
subpart if the notificant neglects, fails, or refuses to furnish all
information required by the Board.
4-045.1
(e) Conditional approvals. The Board
may impose conditions on any approval, including conditions to address
permissibility, financial, managerial, safety-and-soundness, competitive,
compliance, conflicts-of-interest, or other concerns to ensure that
approval is consistent with the relevant statutory factors and other
provisions of the BHC Act.
