§412:2-504  Granting of application;criteria for approval.  In evaluating the applications filed under thispart, the commissioner shall consider the following factors:

(1)  Whether immediate action is necessary;

(2)  The financial and managerial resources of theapplicant and its holding company, if any;

(3)  The probable viability of the failing financialinstitution after the acquisition or merger has been completed;

(4)  Whether any federal agency is prepared to offerfinancial assistance to facilitate the acquisition or merger, and the amount ofsuch assistance;

(5)  Whether the effect of the proposed acquisition ormerger may be substantially to lessen competition, or tend to create a monopolyor restraint of trade in any section of the country that includes the State ora part thereof, and whether these anti-competitive effects would be clearlyoutweighed in the public interest by the probable effect of the acquisition inmeeting the convenience and needs of the community to be served;

(6)  The convenience and needs of the public;

(7)  The welfare of the depositors and creditors ofthe failing financial institution;

(8)  The principal place of business of the applicant,the state where its operations and those of its affiliates are principallyconducted, and their current business relationships with Hawaii-basedbusinesses; and

(9)  Any other factors which the commissioner may deemrelevant.

The commissioner may negotiate with all or anyof the applicants to modify any proposal, may accept more than one proposal ifone involves only part of the assets or stock of the failing financialinstitution, and may condition any approval of an application upon theobservance of such requirements as the commissioner deems appropriate.  Nothingin this section shall require the commissioner to approve any application oraccept any proposal made pursuant to this part. [L 1993, c 350, pt of §1]