SECURITY BANCORP, A CALIFORNIA CORPORATION, SECURITY NATIONAL BANK, A NATIONAL BANKING ASSOCIATION, PETITIONERS,
v.
BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM, RESPONDENT

9th Cir. | 1980-10-27
Nos. 78-1581, 78-2031
655 F.2d 164 United States Court of Appeals for the Ninth Circuit (1980) Caution
Cited by 8 cases

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Holding

The Federal Reserve Board cannot deny a bank holding company application based on a dominant shareholder's past private conduct unrelated to bank operations, as this exceeds the scope of 'managerial resources'.


Facts & Procedural History

Security Bancorp applied to become a bank holding company to reorganize ownership of Security National Bank. The Federal Reserve Board denied the appl…

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Opinion of the Court
SCHROEDER, Circuit Judge: PER CURIAM.

PER CURIAM.

Following issuance of our opinion in this matter, but prior to the denial of the motion for rehearing, the government moved to vacate the opinion as moot because of the merger of Security Bancorp with another bank and the sale of Mr. Khashoggi’s shares in Security Bancorp. The government has not indicated any desire to vacate the Federal Reserve Board’s decision denying a permit to Security Ban-corp, and such action would be required if this Court were to vacate its opinion reversing the Board. See Western Sugar Co. v. Nelson, 442 U.S. 92, 93, 99 S.Ct. 2149, 2150, 60 L.Ed.2d 735 (1978). The petitioners have opposed the motion and have expressed concern about the effects of this controversy upon possible future dealings between the principals should this matter not be resolved. See Carroll v. President & Comm’rs of Princess Anne, 393 U.S. 175, 89 S.Ct. 347, 21 L.Ed.2d 325 (1968); C. Wright, A. Miller & E. Cooper, 13 Federal Practice and Procedure § 3533 at 280-81 (1975). In view of the discretion inherent in dismissing appeals when a particular controversy has expired, see Alton & Southern Railway Co. v. International Assoc, of Machinists, 463 F. 2d 872, 880 (D.C.Cir.1972), we decline to vacate the opinion on grounds of mootness. The respondent’s motion to vacate the decision is denied.

. 12 U.S.C. § 1842(c) provides:

The Board shall not approve-

(1) any acquisition or merger or consolidation under this section which would result in a monopoly, or which would be in furtherance of any combination or conspiracy to monopolize or to attempt to monopolize the "business of banking in any part of the United States, or

(2) any other proposed acquisition or merger or consolidation under this section whose effect in any section of the country may be substantially to lessen competition, or to tend to create a monopoly, or which in any other manner would be in restraint or [sic] trade, unless it finds that the anticom-petitive effects of the proposed transactions are clearly outweighed in the public interest by the probable effect of the transaction in meeting the convenience and needs of the community to be served.

In every case, the Board shall take into consideration the financial and managerial resources and future prospects of the company or companies and the banks concerned, and the convenience and needs of the community to be served.

. There are no federal restrictions on who may become a shareholder of a national bank. 12 U.S.C. §§ 61-62, 64a, 66-67 regulate shareholders with respect to such matters as voting rights, lists of shareholders, and individual liability. Even with respect to officers and directors the qualifications are modest. See 12 U.S.C. § 72 (citizenship, residency, and ownership requirements for directors); 12 U.S.C. § 78 (securities dealers cannot be officers or directors).


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