(a) The Commissioner shall approve the agreement if:
(1) The successor meets the requirements of State law for the formation of a new commercial bank;
(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.
Structure Maryland Statutes
Title 3 - Banking Institutions -- Commercial Banks
Subtitle 7 - Consolidations, Mergers, and Transfers of Assets
Section 3-702 - Scope of Subtitle
Section 3-703 - Agreement of Consolidation, Merger, or Transfer
Section 3-704 - Public Notice of Filing
Section 3-705 - When Commissioner to Act
Section 3-706 - Standards for Approval by Commissioner
Section 3-707 - Disapproval by Commissioner
Section 3-708 - Approval by Stockholders
Section 3-709 - Certificate of Consolidation, Merger, or Transfer of Assets
Section 3-710 - Recording of Documents
Section 3-711 - Charter and Bylaws of Successor in Merger