Holding Company Formation

Holding companies are companies the purpose of which consists primarily in the administration of assets, or in participation in, or the permanent administration of, interest in other enterprises. A holding company is a company that generally confines its activities to owning stock in, and supervising the management of, other companies. A holding company generally owns a controlling interest in the companies of which it holds stock.

Holding company is a form of business combination which is formed for the purpose of controlling and owning the amount of stop of other companies. So the companies which hold the securities of other company is called holding company; and the company who's shares are purchase by the holding company is called as subsidiary company. Normally both companies engage in the similar nature of business activities.

A company may itself be holding company and at the same time be a subsidiary to another company. In order to become holding company, at must hold majority of the shares of others companies. Therefore, it can nominate majority of the directors in the board of directors due to voting rights in the subsidiary company.

Bank Holding Company Formation

Bank holding company is a company that controls one bank or more banks, which are closely supervised by the Federal Reserve board. The Bank Holding New Companies Act, 2013 is a United States Act of Congress that regulates the actions of bank holding companies. The Bank Holding Company structure offers significant strategic and services/product advantages. Bank Holding Companies can engage in financial planning, brokerage and insurance services, and other non-traditional lines of banking. Additionally, Bank Holding Companies allow corporate leverage to facilitate mergers and acquisitions, enhanced stock redemption and shareholder management capabilities.

The Bank Holding Company formation process is fairly lengthy and complex. Steps involved in the formation of a Bank Holding Company include:

1. Filing of incorporator financial and biographical information
2. Preparation of incorporation papers
3. Interim bank charter application
4. Completion of regulatory applications
5. Preparation of merger agreement between iterim and operating banks.
6. Preparation of shareholder proxy materials
7. Preperation of SEC registration materials (if applicable)
8. Shareholder meetings and regulatory approvals.