§ 25.62 - Definitions.

§ 25.62 Definitions.

For purposes of this subpart, the following definitions apply:

(a) Bank and savings association means, unless the context indicates otherwise:

(1) A national bank or savings association; and

(2) A foreign bank or savings association as that term is defined in 12 U.S.C. 3101(7) and 12 CFR 28.11(i).

(b) Covered interstate branch means:

(1) Any branch of a national bank or savings association, and any Federal branch of a foreign bank or savings association, that:

(i) Is established or acquired outside the bank's or savings association's home State pursuant to the interstate branching authority granted by the Interstate Act or by any amendment made by the Interstate Act to any other provision of law; or

(ii) Could not have been established or acquired outside of the bank's or savings association's home State but for the establishment or acquisition of a branch described in paragraph (b)(1)(i) of this section; and

(2) Any bank or savings association or branch of a bank or savings association controlled by an out-of-State bank or savings association holding company.

(c) Federal branch means Federal branch as that term is defined in 12 U.S.C. 3101(6) and 12 CFR 28.11(h).

(d) Home State means:

(1) With respect to a State bank or savings association, the State that chartered the bank or savings association;

(2) With respect to a national bank or savings association, the State in which the main office of the bank or savings association is located;

(3) With respect to a bank or savings association 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 or savings association holding company under the Bank Holding Company Act;

(4) With respect to a foreign bank or savings association:

(i) For purposes of determining whether a U.S. branch of a foreign bank or savings association is a covered interstate branch, the home State of the foreign bank or savings association as determined in accordance with 12 U.S.C. 3103(c) and 12 CFR 28.11(n); and

(ii) For purposes of determining whether a branch of a U.S. bank or savings association controlled by a foreign bank or savings association is a covered interstate branch, the State in which the total deposits of all banking subsidiaries of such foreign bank or savings association are the largest on the later of:

(A) July 1, 1966; or

(B) The date on which the foreign bank or savings association becomes a bank or savings association holding company under the Bank Holding Company Act.

(e) Host State means a State in which a covered interstate branch is established or acquired.

(f) Host state loan-to-deposit ratio generally means, with respect to a particular host state, the ratio of total loans in the host state relative to total deposits from the host state for all banks or savings associations (including institutions covered under the definition of “ bank or savings association” in 12 U.S.C. 1813(a)(1)) that have that state as their home state, as determined and updated periodically by the appropriate Federal banking agencies and made available to the public.

(g) Out-of-State bank or savings association holding company means, with respect to any State, a bank or savings association holding company whose home State is another State.

(h) State means state as that term is defined in 12 U.S.C. 1813(a)(3).

(i) Statewide loan-to-deposit ratio means, with respect to a bank or savings association, the ratio of the bank's or savings association's loans to its deposits in a state in which the bank or savings association has one or more covered interstate branches, as determined by the OCC.