Other Definitions .—
For purposes of this chapter, the following definitions shall apply:
(1) Capital terms.—
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For purposes of this chapter, the following definitions shall apply:
(1) Capital terms.—
(A) Insured depository institutions .— With respect to insured depository institutions, the terms “well capitalized”, “adequately capitalized”, and “undercapitalized” have the same meanings as in section 38 of the Federal Deposit Insurance Act [ 12 U.S.C. 1831 o ].
(B) Bank holding company.— (i) Adequately capitalized .— With respect to a bank holding company, the term “adequately capitalized” means a level of capitalization which meets or exceeds all applicable Federal regulatory capital standards. (ii) Well capitalized .— A bank holding company is “well capitalized” if it meets the required capital levels for well capitalized bank holding companies established by the Board.
(C) Other capital terms .— The terms “Tier 1” and “risk-weighted assets” have the meanings given those terms in the capital guidelines or regulations established by the Board for bank holding companies.
Except as provided in section 1849 of this title , the term “antitrust laws”—
(A) has the same meaning as in subsection (a) of section 12 of title 15 ; and
(B) includes section 45 of title 15 to the extent that such section 45 relates to unfair methods of competition.
The term “branch” means a domestic branch (as defined in section 3 of the Federal Deposit Insurance Act [ 12 U.S.C. 1813 ]).
The term “home State” means—
(A) with respect to a national bank, the State in which the main office of the bank is located;
(B) with respect to a State bank, the State by which the bank is chartered;
(C) with respect to a bank holding company, the State in which the total deposits of all banking subsidiaries of such company are the largest on the later of— (i) July 1, 1966 ; or (ii) the date on which the company becomes a bank holding company under this chapter;
(D) with respect to a State savings association, the State by which the savings association is chartered; and
(E) with respect to a Federal savings association, the State in which the home office (as defined by the regulations of the Director of the Office of Thrift Supervision, or, on and after the transfer date, 1 the Comptroller of the Currency) of the Federal savings association is located.
The term “host State” means—
(A) with respect to a bank, a State, other than the home State of the bank, in which the bank maintains, or seeks to establish and maintain, a branch; and
(B) with respect to a bank holding company, a State, other than the home State of the company, in which the company controls, or seeks to control, a bank subsidiary.
The term “out-of-State bank” means, with respect to any State, a bank whose home State is another State.
The term “out-of-State bank holding company” means, with respect to any State, a bank holding company whose home State is another State.
(A) In general .— The term “lead insured depository institution” means the largest insured depository institution controlled by the subject bank holding company at any time, based on a comparison of the average total risk-weighted assets controlled by each insured depository institution during the previous 12-month period.
(B) Branch or agency .— For purposes of this paragraph and section 1843(j)(4) of this title , the term “insured depository institution” includes any branch or agency operated in the United States by a foreign bank.
The term “well managed” means—
(A) in the case of any company or depository institution which receives examinations, the achievement of— (i) a CAMEL composite rating of 1 or 2 (or an equivalent rating under an equivalent rating system) in connection with the most recent examination or subsequent review of such company or institution; and (ii) at least a satisfactory rating for management, if such rating is given; or
(B) in the case of a company or depository institution that has not received an examination rating, the existence and use of managerial resources which the Board determines are satisfactory.
The term “qualified family partnership” means a general or limited partnership that the Board determines—
(A) does not directly control any bank, except through a registered bank holding company;
(B) does not control more than 1 registered bank holding company;
(C) does not engage in any business activity, except indirectly through ownership of other business entities;
(D) has no investments other than those permitted for a bank holding company pursuant to section 1843(c) of this title ;
(E) is not obligated on any debt, either directly or as a guarantor;
(F) has partners, all of whom are either— (i) individuals related to each other by blood, marriage (including former marriage), or adoption; or (ii) trusts for the primary benefit of individuals related as described in clause (i); and
(G) has filed with the Board a statement that includes— (i) the basis for the eligibility of the partnership under subparagraph (F); (ii) a list of the existing activities and investments of the partnership; (iii) a commitment to comply with this paragraph; (iv) a commitment to comply with section 7 of the Federal Deposit Insurance Act [ 12 U.S.C. 1817 ] with respect to any acquisition of control of an insured depository institution occurring after September 30, 1996 ; and (v) a commitment to be subject, to the same extent as if the qualified family partnership were a bank holding company— (I) to examination by the Board to assure compliance with this paragraph; and (II) to section 8 of the Federal Deposit Insurance Act [ 12 U.S.C. 1818 ].