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Nov. 1, 2022

Filing Exchange Act Reports Without a Holding Company

By Brittany M. McIntosh

American Bankers Association

In an article published in the November / December issue of American Bankers Association’s Banking Journal, Brittany McIntosh, partner and outside counsel to public and private companies including banks regarding mergers and acquisitions and other corporate and transactional matters, discusses the advantages of being a publicly traded bank rather than a publicly traded bank holding company. 

In the article, McIntosh outlines considerations of publicly traded banks concerning Exchange Act filings with the FDIC, how to file, cost and time savings, and other requirements. 

“Since the Bank of the Ozarks – now known as Bank OZK – reorganized and dissolved its holding company in 2017, banks and their advisers have debated the need for a bank to have a holding company, and the advantages and disadvantages for doing so. However, what remains unclear to many bank management teams, in-house counsel and boards of directors are the practical points and advantages related to being a publicly traded bank rather than a publicly traded bank holding company.”