(a) The Commissioner shall approve the agreement if:
(1) The successor meets the requirements of State law for the formation of a new commercial
(2) The agreement provides an adequate capital structure, including surplus, for the
successor in relation to its deposit liabilities and other activities;
(3) The agreement is fair; and
(4) The proposed transaction is not against the public interest.
(b) If the successor will not exercise trust powers, the Commissioner may not approve
the agreement until the Commissioner is satisfied that successor fiduciaries have
been provided adequately for all fiduciary positions held by the constituent banks.
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