12 CFR § 1278.2 - Authority.

---
identifier: "/us/cfr/t12/s1278.2"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "12 CFR § 1278.2 - Authority."
title_number: 12
title_name: "Banks and Banking"
section_number: "1278.2"
section_name: "Authority."
chapter_name: "FEDERAL HOUSING FINANCE AGENCY"
subchapter_number: "D"
subchapter_name: "FEDERAL HOME LOAN BANKS"
part_number: "1278"
part_name: "VOLUNTARY MERGERS OF FEDERAL HOME LOAN BANKS"
positive_law: false
currency: "2026-04-05"
last_updated: "2026-04-05"
format_version: "1.1.0"
generator: "[email protected]"
authority: "12 U.S.C. 1432(a), 1446, 4511."
regulatory_source: "76 FR 72833, Nov. 28, 2011, unless otherwise noted."
cfr_part: "1278"
---


# 1278.2 Authority.

Any two or more Banks may merge voluntarily under authority of section 26(b) of the Bank Act, provided that each of the following requirements has been satisfied:

(a) The Constituent Banks have executed a written merger agreement that satisfies all requirements of § 1278.3;

(b) The Constituent Banks have jointly filed a merger application with FHFA that satisfies all requirements of § 1278.4;

(c) The Director has approved the merger application in accordance with the requirements of § 1278.5;

(d) The members of each Constituent Bank have ratified the merger agreement as provided under § 1278.6; and

(e) The Director has determined that the Constituent Banks have satisfied all conditions imposed in connection with the approval of the merger application, and has accepted the properly executed organization certificate of the Continuing Bank, as provided under § 1278.7.