The Nebraska Department of Banking and Finance
officially denied an application by the $8 billion-asset credit union to
acquire the $395 million-asset Premier Bank in Omaha, Neb. The regulator said
the bank failed to provide supporting evidence backing the deal’s legality.
“Premier has not carried its burden of proof in this proceeding
to show that there is express power under federal law for a national bank to
sell substantially all of its assets under the factual circumstances presented
in this proceeding,” the agency said in its Dec. 30 decision.
The Nebraska Bankers Association had opposed the deal.
GreenState also faced regulatory hurdles in 2019 when it was
looking to finalize the purchase of branches from First American Bank in Fort
Dodge, Iowa. The bank settled with the state’s regulator to complete the sale.
The Nebraska regulator determined that Iowa-based GreenState
failed to qualify as a “financial institution” that can pursue cross-industry transactions
in Premier’s home state.
GreenState said in a statement that it hopes to eventually close
the deal.
Premier plans to appeal the decision to state court.
Credit unions in other states have faced challenges buying
banks.
A judge in Tennessee granted a temporary injunction in November
that blocked Orion Federal Credit Union’s proposed purchase of Financial Federal
Bank in Memphis, Tenn. The Colorado Banking Board in 2020 blocked a bid by
Elevations Credit Union to buy the assets of Cache Bank & Trust in Greeley,
Colo.
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