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This entry was published on 2014-09-22
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SECTION 222
Definitions
Banking (BNK) CHAPTER 2, ARTICLE 5-C
§ 222. Definitions. In this article, the following definitions shall
apply:

1. The term "out-of-state bank" means an out-of-state state bank, an
out-of-state national bank, or an out-of-state federal savings
association.

2. The term "out-of-state state bank" means a state bank, as such term
is defined in section 3(a)(2) of the Federal Deposit Insurance Act (12
U.S.C. 1813(a)(2)), or an out-of-state state-chartered trust company,
but such term shall not include a banking organization.

3. The term "out-of-state national bank" means a national banking
association the main office of which is located outside this state.

4. The term "out-of-state federal savings association" means any
federal savings association or federal savings bank which is chartered
under Section 5 of the Home Owners Loan Act (12 U.S.C. 1464) the home
office of which is located outside this state.

5. The term "out-of-state trust company" means either a nationally
chartered trust company or an out-of-state state-chartered trust company
that has the power to exercise fiduciary powers, but is not insured by
the Federal Deposit Insurance Corporation.

6. The term "New York bank" means a bank, trust company savings bank,
or savings and loan association as such terms are defined in
subdivisions one, two, four and eight of section two of this chapter.

7. The term "state" means any state of the United States (other than
this state), the District of Columbia, any territory of the United
States, Puerto Rico, Guam, American Samoa, the Trust Territory of the
Pacific Islands, the United States Virgin Islands, and the Northern
Mariana Islands.

8. The term "home state" means with respect to an out-of-state state
bank or out-of-state state-chartered trust company, the state under the
laws of which such out-of-state state bank or out-of-state
state-chartered trust company is incorporated or otherwise organized,
and with respect to an out-of-state national bank or trust company, the
state in which such out-of-state national bank's or trust company's main
office is located.

9. The term "acquisition transaction" means any merger, consolidation
or purchase of assets and assumption of liabilities of all or part of a
banking institution.

10. The term "like-type banking organization" means, with respect to
an out-of-state bank, a banking organization with the type of charter
that most nearly corresponds to the charter of such out-of-state bank,
as determined by the superintendent.

11. The term "appropriate state supervisor" means the home state
supervisor with supervisory and regulatory jurisdiction over an
out-of-state state bank or out-of-state state-chartered trust company in
its home state.

12. The term "banking institution" means any bank, trust company,
savings bank, savings and loan association, or branch of a foreign
banking corporation the deposits of which are insured by the federal
deposit insurance corporation, which is incorporated, chartered,
organized or licensed under the laws of this state or any other state of
the United States, or under the laws of the United States.

13. The term "branch" means any office of a banking institution at
which deposits are received, checks paid or money lent. Except for
purposes of subdivision three of section two hundred twenty-four of this
article, the term shall not include an automated teller machine or other
electronic facility. For purposes of this article, the term "branch"
shall also refer to the principal or main office of a banking
institution.

14. The term "trust office" means an office of a banking institution
other than a branch at which such institution may conduct one or more
fiduciary activities permitted for a trust company.