[ARTICLE 12.] INTERSTATE BRANCHING AND BANK
412:12-101 Definitions. As used in this article, unless a different meaning is required by the context, the following words and phrases shall have the following meanings:
“Acquisition of a branch” means the acquisition of a branch located in a host state, without engaging in an “interstate merger transaction” as defined in this article.
“Bank” has the meaning set forth in 12 U.S.C. section 1813(h); provided that the term “bank” shall not include any “foreign bank” as defined in 12 U.S.C. section 3101(7), except that the term “bank” shall include any foreign bank organized under the laws of a territory of the United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands, the deposits of which are insured by the Federal Deposit Insurance Corporation.
“Bank holding company” has the meaning set forth in 12 U.S.C. section 1841(a)(1).
“Bank supervisory agency” means:
(1) Any agency of another state with primary responsibility for chartering and supervising banks; and
(2) The Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and any successor to these agencies.
“Branch” means a place of business of a bank, other than its main office, which is open to the public and at which deposits are received and paid. The term does not include an automated teller machine as defined in section 412:3-501.
“Control” shall be construed consistently with 12 U.S.C. section 1841(a)(2).
“De novo branch” means a branch of a bank located in a host state which:
(1) Is originally established by the bank as a branch; and
(2) Does not become a branch of the bank as a result of (A) the acquisition of another bank or a branch of another bank, or (B) the merger, consolidation, or conversion involving any bank or branch.
“Foreign bank” has the meaning set forth in 12 U.S.C. section 3101(7).
“Hawaii bank” means a bank whose home state is Hawaii.
“Hawaii state bank” means a bank chartered under the laws of Hawaii.
“Home state” means:
(1) With respect to a state bank, the state by which the bank is chartered;
(2) With respect to a national bank, the state in which the main office of the bank is located; and
(3) With respect to a foreign bank, the state determined to be the home state of the foreign bank under 12 U.S.C. section 3103(c).
“Home state regulator” means, with respect to an out-of-state state bank, the bank supervisory agency of the state in which the bank is chartered.
“Host state” means a state, other than the home state of a bank, in which the bank maintains, or seeks to establish and maintain a branch.
“Interstate merger transaction” means:
(1) The merger or consolidation of banks with different home states, and the conversion of branches of any bank involved in the merger or consolidation into branches of the resulting bank; or
(2) The purchase of all or substantially all of the assets (including all or substantially all of the branches) of a bank whose home state is different from the home state of the acquiring bank.
“Out-of-state bank” means a bank whose home state is a state other than Hawaii.
“Out-of-state state bank” means a bank chartered under the laws of any state other than Hawaii.
“Resulting bank” means a bank that has resulted from an interstate merger transaction under this article.
“State”, whenever this word is used in its uncapitalized form, means any state of the United States, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands.