[ 412:13-102]  Definitions.  As used in this article:

Terms Used In Hawaii Revised Statutes 412:13-102

  • Company: means any corporation, partnership, trust (business or otherwise), association, joint venture, pool syndicate, unincorporated organization, or any form of business entity not specifically listed herein and, unless specifically excluded, a financial institution; provided that "company" does not mean any trust existing on July 1, 1993, which under its terms must terminate within twenty-five years, or not later than twenty-one years and ten months after the death of individuals living on the effective date of the trust. See Hawaii Revised Statutes 412:1-109
  • Control: means , unless the context clearly requires otherwise, directly or indirectly, solely or through another person or transaction, or in concert with another:

         (1)  Owning or having the power to vote twenty-five per cent or more of any class of voting securities;

         (2)  Owning or having the power to exercise twenty-five per cent or more of the votes of a mutual association, credit union, or other entity whose voting rights are not determined by voting securities;

         (3)  Owning or having the power to vote ten per cent or more of any class of voting securities if:  (A) the issuer of that class of securities has issued any class of securities under section 12 of the Securities Exchange Act of 1934, as amended; or (B) immediately after the acquisition, no other person will own a greater percentage of that class of voting securities;

         (4)  Having the power to elect by any means a majority of the directors; or

         (5)  Having the power to exercise a dominant influence over management, if so determined by the commissioner after notice and a hearing. See Hawaii Revised Statutes 412:1-109

  • Depository institution: means a financial institution that is authorized to accept deposits under its chartering or licensing authority and includes a bank, savings bank, savings and loan association, depository financial services loan company, credit union, or intra-Pacific bank. See Hawaii Revised Statutes 412:1-109
  • deposits: means money or its equivalent received or held by a person in the usual course of business and for which it has given or is obligated to give credit, either conditionally or unconditionally, to a demand, checking, savings, time, passbook, negotiable order of withdrawal, thrift, or share account, or which is evidenced by its passbook, certificate of deposit, thrift certificate, investment certificate, certificate of indebtedness, or other similar instrument, or a check, draft, or share draft drawn against a deposit account and certified by a person, on which the person is primarily liable. See Hawaii Revised Statutes 412:1-109
  • Federal: means belonging to, part of, or related to the government of the United States of America. See Hawaii Revised Statutes 412:1-109
  • Holding company: means any company which controls another company. See Hawaii Revised Statutes 412:1-109
  • Subsidiary: means a corporation, joint venture, partnership, or other company that is controlled by another corporation. See Hawaii Revised Statutes 412:1-109
  • this State: means the State of Hawaii, its political subdivisions, agencies, and departments. See Hawaii Revised Statutes 412:1-109

     “Affiliate” has the same meaning as set forth in section 2(k) of the Bank Holding Company Act (12 U.S.C. 1841(k)).

     “Agency”, when used in reference to an office of a foreign bank, shall have the same meaning as is set forth in section 1(b)(1) of the federal International Banking Act (12 U.S.C. 3101(1)).

     “Bank” means any bank as defined in: section 2(c) of the Bank Holding Company Act (12 U.S.C. 1841(c)); section 3(a)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1813(a)(1)), other than a branch of a foreign bank; or, as the context may require, in section 412:5-100.  The term shall not in any event include a foreign bank or a branch or agency of a foreign bank.

     “Bank holding company” has the same meaning as set forth in section 2(a) of the Bank Holding Company Act (12 U.S.C. 1841(a)).

     “Bank Holding Company Act” means the federal Bank Holding Company Act of 1956, as amended (12 U.S.C. 1841 et seq.).

     “Bank supervisory agency” means:

     (1)  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;

     (2)  Any agency of another state with primary responsibility for chartering and supervising banks; and

     (3)  Any agency of a country (including any colonies, dependencies, possessions, or political subdivisions thereof) other than the United States with primary responsibility for chartering and supervising banks.

     “Branch”, when used in reference to an office of a foreign bank, has the same meaning as is set forth in section 1(b)(3) of the federal International Banking Act (12 U.S.C. 3101(3)), and when used in reference to an office of a bank as defined in this section, shall have the same meaning as is set forth in section 3(o) of the Federal Deposit Insurance Act (12 U.S.C. 1813(o)).

     “Control” shall be construed consistently with the provisions of section 2(a)(2) of the Bank Holding Company Act (12 U.S.C. 1841(a)(2)).

     “Depository institution” means any institution that is included for any purpose within the definitions of “insured depository institution” as set forth in section 3(c)(2) and (3) of the Federal Deposit Insurance Act (12 U.S.C. 1813(c)(2) and (3)).

     “Federal agency” means an agency of a foreign bank that is licensed by the Comptroller of the Currency pursuant to section 4 of the federal International Banking Act (12 U.S.C. 3102).

     “Federal branch” means a branch of a foreign bank that is licensed by the Comptroller of the Currency pursuant to section 4 of the federal International Banking Act (12 U.S.C. 3102).

     “Federal Deposit Insurance Act” means the Federal Deposit Insurance Act, as amended (12 U.S.C. 1813 et seq.).

     “Federal International Banking Act” means the federal International Banking Act of 1978, as amended (12 U.S.C. 3101 et seq.).

     “Foreign bank” means any company organized under the laws of a foreign country, a territory of the United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands, that engages directly in the business of banking.  The term includes foreign commercial banks, foreign merchant banks, and other foreign institutions that engage in banking activities usual in connection with the business of banking in the countries where the foreign institutions are organized or operating.

     “Hawaii bank” means a Hawaii state bank or a Hawaii national bank.

     “Hawaii national bank” means a national banking association having its headquarters within Hawaii.

     “Hawaii representative office” means a representative office that is located in this State.

     “Hawaii state agency”, when used in reference to an office of a foreign bank, means an agency of a foreign bank that is located in this State and licensed pursuant to this chapter, part II, of this article.

     “Hawaii state bank” means a bank organized under the laws of Hawaii.

     “Hawaii state branch”, when used in reference to an office of a foreign bank, means a branch of a foreign bank that is located in this State and licensed pursuant to this chapter, part II, of this article.

     “Home state” has the same meaning in reference to national banks, state banks, and bank holding companies as is set forth in section 44(f)(4) of the Federal Deposit Insurance Act (12 U.S.C. 1831(u)), and the same meaning in reference to foreign banks as is set forth in section 5(c) of the federal International Banking Act (12 U.S.C. 3103(c)).

     “Interstate Banking and Branching Efficiency Act” means the federal Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, Public Law No. 103-328, 108 Stat. sections 2338 to 2381 (September 29, 1994, codified at various sections of Title 12, United States Code).

     “Interstate branch” means a branch of a bank or a branch of a foreign bank, as the context may require, which is established after September 29, 1994, pursuant to the authority contained in the Interstate Banking and Branching Efficiency Act, outside the home state of the bank or foreign bank.  In the case of a foreign bank, the term shall not include a limited branch.

     “Limited branch” means a branch of a foreign bank that accepts only those deposits as would be permissible for a corporation organized under section 25A of the Federal Reserve Act in accordance with section 5(a)(7) of the federal International Banking Act (12 U.S.C. 3103(a)(7)).

     “Out-of-state bank” means a bank, the home state of which is a state other than Hawaii.

     “Out-of-state bank holding company” means a bank holding company, the home state of which is a state other than Hawaii.

     “Out-of-state foreign bank” means a foreign bank, the home state of which is a state other than Hawaii.

     “Representative office” has the same meaning as is set forth in section 1(b)(15) of the federal International Banking Act (12 U.S.C. 3101(15)).

     “State”, whenever this word is used in its uncapitalized form, has the same meaning as is set forth in section 3(a)(3) of the Federal Deposit Insurance Act (12 U.S.C. 1813(a)(3)).

     “Subsidiary” has the same meaning as set forth in section 2(d) of the Bank Holding Company Act (12 U.S.C. 1841(d)).

     “United States”, when used in a geographical sense, means the several states, the District of Columbia, Puerto Rico, Guam, American Samoa, the American Virgin Islands, the Trust Territory of the Pacific Islands, and any other territory of the United States; and, when used in a political sense, means the federal government of the United States.