[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR802.8]

[Page 606-607]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 802_EXEMPTION RULES--Table of Contents
 
Sec. 802.8  Certain supervisory acquisitions.

    (a) A merger, consolidation, purchase of assets, or acquisition 
requiring agency approval under sections 403 or 408(e) of the National 
Housing Act, 12 U.S.C. 1726, 1730a(e), or under section 5 of the Home 
Owners' Loan Act of 1933, 12 U.S.C. 1464, shall be exempt from the 
requirements of the act, including specifically the filing requirement 
of Section 7A(c)(8), if the agency whose approval is required finds that 
approval of such merger, consolidation, purchase of assets, or 
acquisition is necessary to prevent the probable failure of one of the 
institutions involved.
    (b)(1) A merger, consolidation, purchase of assets, or acquisition 
which requires agency approval under 12 U.S.C. 1817(j) or 12 U.S.C. 
1730(q) shall be exempt from the requirements of the act if copies of 
all information and documentary materials filed with any such agency are 
contemporaneously filed with the Federal Trade Commission and the 
Assistant Attorney General at least 30 days prior to consummation of the 
proposed acquisition.

[[Page 607]]

    (2) A transaction described in paragraph (b)(1) of this section 
shall be exempt from the requirements of the act, including specifically 
the filing requirement, if the agency whose approval is required finds 
that approval of such transaction is necessary to prevent the probable 
failure of one of the institutions involved.

[43 FR 33544, July 31, 1978, as amended at 48 FR 34436, July 29, 1983; 
67 FR 11903, Mar. 18, 2002]