(a) Except as otherwise expressly permitted by federal law, no company may acquire a South Carolina bank holding company or a South Carolina state bank without the prior approval of the board. (b) The prohibition in subsection (a) shall not apply where the acquisition is made: (1) solely for the purpose of facilitating an acquisition otherwise permitted under this article; (2) in a transaction arranged by the board or another bank supervisory agency to prevent the insolvency or closing of the acquired bank; (3) in a transaction in which a bank forms its own bank holding company, if the ownership rights of the former bank shareholders are substantially similar to those of the shareholders of the new bank holding company; or (4) in a transaction in which a bank sells stock to a company organized for the purpose of acquiring such bank, if the acquiring company is not, and is not expected to become, a subsidiary of any other company. (c) In a transaction for which the board's approval is not required under this section, the parties shall give written notice to the board at least fifteen days before the effective date of the acquisition, unless a shorter period of notice is required s not required under this section, the parties shall give written notice to the board at least fifteen days before the effective date of the acquisition, unless a shorter period of notice is required under applicable federal law. HISTORY: 1996 Act No. 310, Section 2, eff July 1, 1996.
South Carolina Legal Code