[§412:13-102]  Definitions.  As used inthis article:

"Affiliate" has the same meaning asset forth in section 2(k) of the Bank Holding Company Act (12 U.S.C. 1841(k)).

"Agency", when used in reference toan office of a foreign bank, shall have the same meaning as is set forth insection 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)); section3(a)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1813(a)(1)), other thana branch of a foreign bank; or, as the context may require, in section412:5-100.  The term shall not in any event include a foreign bank or a branchor agency of a foreign bank.

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

"Bank Holding Company Act" means thefederal 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 theFederal Reserve System, and any successor to these agencies;

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

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

"Branch", when used in reference toan office of a foreign bank, has the same meaning as is set forth in section1(b)(3) of the federal International Banking Act (12 U.S.C. 3101(3)), and whenused in reference to an office of a bank as defined in this section, shall havethe same meaning as is set forth in section 3(o) of the Federal DepositInsurance Act (12 U.S.C. 1813(o)).

"Control" shall be construedconsistently with the provisions of section 2(a)(2) of the Bank Holding CompanyAct (12 U.S.C. 1841(a)(2)).

"Depository institution" means anyinstitution 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 aforeign bank that is licensed by the Comptroller of the Currency pursuant tosection 4 of the federal International Banking Act (12 U.S.C. 3102).

"Federal branch" means a branch of aforeign bank that is licensed by the Comptroller of the Currency pursuant tosection 4 of the federal International Banking Act (12 U.S.C. 3102).

"Federal Deposit Insurance Act" meansthe 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. 3101et seq.).

"Foreign bank" means any companyorganized under the laws of a foreign country, a territory of the UnitedStates, Puerto Rico, Guam, American Samoa, or the Virgin Islands, that engagesdirectly in the business of banking.  The term includes foreign commercialbanks, foreign merchant banks, and other foreign institutions that engage inbanking activities usual in connection with the business of banking in thecountries where the foreign institutions are organized or operating.

"Hawaii bank" means a Hawaii statebank or a Hawaii national bank.

"Hawaii national bank" means anational banking association having its headquarters within Hawaii.

"Hawaii representative office" meansa representative office that is located in this State.

"Hawaii state agency", when used inreference to an office of a foreign bank, means an agency of a foreign bankthat is located in this State and licensed pursuant to this chapter, part II,of this article.

"Hawaii state bank" means a bankorganized under the laws of Hawaii.

"Hawaii state branch", when used inreference to an office of a foreign bank, means a branch of a foreign bank thatis located in this State and licensed pursuant to this chapter, part II, ofthis article.

"Home state" has the same meaning inreference to national banks, state banks, and bank holding companies as is setforth 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 insection 5(c) of the federal International Banking Act (12 U.S.C. 3103(c)).

"Interstate Banking and BranchingEfficiency Act" means the federal Riegle-Neal Interstate Banking andBranching Efficiency Act of 1994, Public Law No. 103-328, 108 Stat. sections2338 to 2381 (September 29, 1994, codified at various sections of Title12, United States Code).

"Interstate branch" means a branch ofa bank or a branch of a foreign bank, as the context may require, which isestablished after September 29, 1994, pursuant to the authority containedin the Interstate Banking and Branching Efficiency Act, outside the home stateof the bank or foreign bank.  In the case of a foreign bank, the term shall notinclude a limited branch.

"Limited branch" means a branch of aforeign bank that accepts only those deposits as would be permissible for acorporation organized under section 25A of the Federal Reserve Act inaccordance with section 5(a)(7) of the federal International Banking Act (12U.S.C. 3103(a)(7)).

"Out-of-state bank" means a bank, thehome 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 thanHawaii.

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

"Representative office" has the samemeaning as is set forth in section 1(b)(15) of the federal InternationalBanking Act (12 U.S.C. 3101(15)).

"State", whenever this word is used inits 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 asset forth in section 2(d) of the Bank Holding Company Act (12 U.S.C. 1841(d)).

"United States", when used in ageographical sense, means the several states, the District of Columbia, PuertoRico, Guam, American Samoa, the American Virgin Islands, the Trust Territory ofthe Pacific Islands, and any other territory of the United States; and, whenused in a political sense, means the federal government of the United States.[L 1996, c 155, pt of §2]