When a bank like ACME plans to acquire an insurance agency (or any non-banking entity) and make it an operating subsidiary, regulatory approval and notice are generally required. The Office of the Comptroller of the Currency (OCC) is the primary regulator of national banks in the United States. The OCC requires that banks notify them and, in some cases, obtain approval before completing the acquisition of a non-bank entity. This process ensures that the acquisition does not pose undue risks to the bank's safety and soundness, complies with statutory and regulatory limitations, and is consistent with sound banking practices.
This regulatory oversight helps maintain the stability and integrity of the banking system. Thus, the appropriate action for ACME, considered a well-managed and adequately capitalized bank, is to notify the OCC before completing the sale of Smith Brothers insurance agency to ensure compliance with applicable laws and regulations.