§ 53-210. Definitions. - North Carolina Statutes

§53‑210.  Definitions.

Notwithstanding any othersection of this Chapter, for the purposes of this Article:

(1)        "Acquire"means:

a.         The merger orconsolidation of one bank holding company with another bank holding company;

b.         The acquisition by abank holding company of direct or indirect ownership or control of votingshares of another bank holding company or a bank, if, after such acquisition,the bank holding company making the acquisition will directly or indirectly ownor control more than five percent (5%) of any class of voting shares of theother bank holding company or the bank;

c.         The direct orindirect acquisition by a bank holding company of all or substantially all ofthe assets of another bank holding company or of a bank; or

d.         Any other actionthat would result in direct or indirect control by a bank holding company ofanother bank holding company or a bank.

(2)        "Bank" hasthe meaning set forth in Section 2(c) of the Bank Holding Company Act of 1956as amended (12 U.S.C. 1841(c)).

(3)        "Bankingoffice" means the principal office of a bank, any branch of a bank, anylimited service facility of a bank or any other office at which a bank acceptsdeposits: Provided, however, that "banking office" shall not mean:

a.         Unmanned automaticteller machines, point of sale terminals or other similar unmanned electronicbanking facilities at which deposits may be accepted;

b.         Offices locatedoutside the United States; or

c.         Loan productionoffices, representative offices or other offices at which deposits are notaccepted.

(4)        "Bank holdingcompany" has the meaning set forth in Section 2(a)(1) of the Bank HoldingCompany Act of 1956 as amended (12 U.S.C. 1841(a)(1)).

(5)        "Commissioner"means the Commissioner of Banks of this State.

(6)        "Control"has the meaning set forth in Section 2(a)(2) of the Bank Holding Company Act of1956 as amended (12 U.S.C. 1841(a)(2)).

(7)        "Deposits"means all demand, time, and savings deposits, without regard to the location ofthe depositor. For purposes of this Article, determination of deposits shall bemade with reference to the most recent available regulatory reports ofcondition or similar reports made by or to state and federal regulatoryauthorities.

(8)        "North Carolinabank" means a bank that:

a.         Is organized underthe laws of this State or of the United States; and

b.         Has banking officeslocated only in this State.

(9)        "North Carolinabank holding company" means a bank holding company:

a.         That has itsprincipal place of business in this State; and

b.         Repealed by SessionLaws 1993, c. 175, s. 8.

c.         That is notcontrolled by a bank holding company other than a North Carolina bank holdingcompany.

(9a)      "Out‑of‑statebank holding company" means a bank holding company that has its principalplace of business in a state other than North Carolina.

(10)      "Principal placeof business" of a bank holding company means the state in which the totaldeposits held by the banking offices of the bank holding company's banksubsidiaries were the largest on July 1, 1966, or the date on which the companybecame a bank holding company, whichever is later.

(11)      through (13) Repealedby Session Laws 1993, c. 175, s. 8.

(14)      "State"means any state of the United States or the District of Columbia.

(15)      "Subsidiary"has the meaning set forth in Section 2(d) of the Bank Holding Company Act of1956 as amended (12 U.S.C. 1841(d)). (1983 (Reg. Sess., 1984), c.1113, s. 1; 1985 (Reg. Sess., 1986), c. 862; 1987 (Reg. Sess., 1988), c. 899;1993, c. 175, ss. 1, 8; 1993 (Reg. Sess., 1994), c. 599, s. 1.)