§ 45-2-1401 Short title
§ 45-2-1402 Part definitions
§ 45-2-1403 Prohibition against acquiring shares of bank in operation less than three (3) years – Exceptions
§ 45-2-1404 Acquisition by holding company prohibited
§ 45-2-1405 Power of commissioner
§ 45-2-1407 Powers
§ 45-2-1408 Examinations – Periodic reports – Cooperative agreements – Assessment of fees
§ 45-2-1409 Notice and filing requirements
§ 45-2-1410 Notice of subsequent merger
§ 45-2-1411 Enforcement
§ 45-2-1412 Acquisition of branch by out-of-state bank

Terms Used In Tennessee Code > Title 45 > Chapter 2 > Part 14 - Bank Holding Companies-Bank Structure Act of 1974

  • Acquisition of a branch: means the acquisition of all or substantially all of the assets other than loans, cash or securities and the assumption of all or substantially all of the liabilities of or related to a branch that has been open and engaged in the business of banking for at least three (3) continuous years without the acquisition of the entire bank. See Tennessee Code 45-2-1402
  • Affiliate: means any company that controls, is controlled by, or is under common control with another company. See Tennessee Code 45-2-1402
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Bank: has the meaning stated in §. See Tennessee Code 45-2-1402
  • Bank holding company: has the meaning set forth in §. See Tennessee Code 45-2-1402
  • Branch: means a branch as defined in §. See Tennessee Code 45-2-1402
  • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
  • Commercial activities: means any activities in which a bank holding company, financial holding company, a national bank, or a national bank subsidiary, may not engage under federal law. See Tennessee Code 45-2-1402
  • Commissioner: means the commissioner of financial institutions. See Tennessee Code 45-1-103
  • Company: has the meaning set forth in §. See Tennessee Code 45-2-1402
  • Contract: A legal written agreement that becomes binding when signed.
  • Control: has the meaning set forth in §. See Tennessee Code 45-2-1402
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • De novo acquisition: means acquisition of shares of a bank prior to the time it is authorized to commence operations. See Tennessee Code 45-2-1402
  • De novo branch: means a branch of a bank that:
    (A) Is originally established by the bank as a branch. See Tennessee Code 45-2-1402
  • Deposit: means a deposit of money, bonds or other things of value, creating a debtor-creditor relationship. See Tennessee Code 45-1-103
  • Depository institution: means any company included for any purpose within any of the definitions of insured depository institution, as set forth in 12 U. See Tennessee Code 45-1-103
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fiduciary: A trustee, executor, or administrator.
  • Good faith: means honesty in fact in the conduct or transaction concerned. See Tennessee Code 45-1-103
  • Home state: means :
    (A) With respect to a national bank, the state in which the main office of the bank is located. See Tennessee Code 45-2-1402
  • 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. See Tennessee Code 45-2-1402
  • Interim bank merger: means the technique by which a new bank charter is obtained solely for the purpose of merging an existing bank into the bank for which the charter is sought, or solely for the purpose of merging the bank for which the charter is sought into an existing bank. See Tennessee Code 45-2-1402
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • operating: means that:
    (A) A charter has been issued to a bank by the United States comptroller of the currency or a certificate of authority has been issued by the commissioner. See Tennessee Code 45-1-103
  • Person: means an individual, corporation, firm, trust, estate, partnership, joint venture, or association. See Tennessee Code 45-1-103
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • State bank: means any bank chartered by this state. See Tennessee Code 45-1-103
  • Tennessee bank holding company: means a bank or bank holding company for which Tennessee is the home state of the bank or company. See Tennessee Code 45-2-1402
  • Trust institution: means a depository institution, foreign bank, state bank or trust company authorized to act as a fiduciary. See Tennessee Code 45-1-103
  • Trust office: means an office, other than the principal office, at which a trust institution is authorized by the commissioner to act as a fiduciary. See Tennessee Code 45-1-103
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105