State Codes and Statutes

Statutes > North-carolina > Chapter_54B > GS_54B-48_2

§ 54B‑48.2. Definitions.

Notwithstanding the provisionsof G.S. 54B‑4, as used in this Article, unless the context requiresotherwise:

(1)        "Acquire",as applied to an association or a savings and loan holding company, means anyof the following actions or transactions:

a.         The merger orconsolidation of an association with another association or savings and loanholding company or a savings and loan holding company with another savings andloan holding company.

b.         The acquisition ofthe direct or indirect ownership or control of voting shares of an associationor savings and loan holding company if, after the acquisition, the acquiringassociation or savings and loan holding company will directly or indirectly ownor control more than five percent (5%) of any class of voting shares of theacquired association or savings and loan holding company.

c.         The direct orindirect acquisition of all or substantially all of the assets of anassociation or savings and loan holding company.

d.         The taking of anyother action that would result in the direct or indirect control of anassociation or savings and loan holding company.

(2)        "Commissionerof Banks" means the Commissioner of Banks.

(3)        "Association"means a mutual or capital stock savings and loan association, building and loanassociation or savings bank chartered under the laws of any one of the statesor under the laws of the United States.

(4)        "Branchoffice" means any office at which an association accepts deposits. Theterm branch office does not include:

a.         Unmanned automaticteller machines, point‑of‑sale terminals, or similar unmannedelectronic banking facilities at which deposits may be accepted;

b.         Offices locatedoutside the United States; and

c.         Loan productionoffices, representative offices, service corporation offices, or other officesat which deposits are not accepted.

(5)        "Company"means that which is set forth in the Federal Savings and Loan Holding CompanyAct, 12 U.S.C. Section 1730a(a)(1)(C), as amended.

(6)        "Control"means that which is set forth in the Federal Savings and Loan Holding CompanyAct, 12 U.S.C. Section 1730a(a)(2), as amended.

(7)        "Deposits"means all demand, time, and savings deposits, without regard to the location ofthe depositor: Provided, however, that "deposits" shall not includeany deposits by associations. For purposes of this Article, determination ofdeposits shall be made with reference to regulatory reports of condition orsimilar reports made by or to State and federal regulatory authorities.

(8)        "Federalassociation" means an association chartered under the laws of the UnitedStates.

(9)        "North Carolinaassociation" means an association organized under the laws of the State ofNorth Carolina or under the laws of the United States and that:

a.         Has its principalplace of business in the State of North Carolina;

b.         Which if controlledby an organization, the organization is either a North Carolina association,Southern Region association, North Carolina savings and loan holding company,or a Southern Region savings and loan holding company; and

c.         More than eightypercent (80%) of its total deposits, other than deposits located in branchoffices acquired pursuant to Section 123 of the Garn‑St. GermainDepository Institutions Act of 1982 (12 U.S.C. 1730a(m)) or comparable statelaw, are in its branch offices located in one or more of the Southern Regionstates.

(10)      "North CarolinaSavings and Loan Holding Company" means a savings and loan holding companythat:

a.         Has its principalplace of business in the State of North Carolina;

b.         Has total depositsof its Southern Region association subsidiaries and North Carolina associationsubsidiaries that exceed eighty percent (80%) of the total deposits of allassociation subsidiaries of the savings and loan holding company other thanthose association subsidiaries held pursuant to Section 123 of the Garn‑St.Germain Depository Institutions Act of 1982 (12 U.S.C. 1730a(m)) or comparablestate law.

(11)      "Principal placeof business" of an association means the state in which the aggregatedeposits of the association are the largest. For the purposes of this Article,the principal place of business of a savings and loan holding company is thestate where the aggregate deposits of the association subsidiaries of theholding company are the largest.

(12)      "Savings andloan holding company" means any company which directly or indirectlycontrols an association or controls any other company which is a savings andloan holding company.

(13)      "ServiceCorporation" means any corporation, the majority of the capital stock ofwhich is owned by one or more associations and which engages, directly orindirectly, in any activities which may be engaged in by a service corporationin which an association may invest under the laws of one of the states or underthe laws of the United States.

(14)      "Southern Regionassociation" means an association other than a North Carolina associationorganized under the laws of one of the Southern Region states or under the lawsof the United States and that:

a.         Has its principalplace of business only in a Southern Region state other than North Carolina;

b.         Which if controlledby an organization, the organization is either a Southern Region association ora Southern Region savings and loan holding company; and

c.         More than eightypercent (80%) of its total deposits, other than deposits located in branchoffices acquired pursuant to Section 123 of the Garn‑St. GermainDepository Institutions Act of 1982 (12 U.S.C. 1730a(m)) or comparable statelaw, are in its branch offices located in one or more of the Southern Regionstates.

(15)      "Southern Regionsavings and loan holding company" means a savings and loan holding companythat:

a.         Has its principalplace of business in a Southern Region state other than the State of North Carolina;

b.         Has total depositsof its Southern Region association subsidiaries and North Carolina associationsubsidiaries that exceed eighty percent (80%) of the total deposits of allassociation subsidiaries of the savings and loan holding company other thanthose association subsidiaries held pursuant to Section 123 of the Garn‑St.Germain Depository Institutions Act of 1982 (12 U.S.C. 1730a(m)) or comparablestate law.

(16)      "Southern Regionstates" means the states of Alabama, Arkansas, Florida, Georgia, Kentucky,Louisiana, Maryland, Mississippi, North Carolina, South Carolina, Tennessee,Virginia, West Virginia, and the District of Columbia.

(17)      "State"means any state of the United States and the District of Columbia.

(18)      "Stateassociation" means an association organized under the laws of one of thestates.

(19)      "Subsidiary"means that which is set forth in the Federal Savings and Loan Holding CompanyAct, 12 U.S.C. Section 1730a(a)(1)(H), as amended. (1983 (Reg. Sess., 1984), c.1087, s. 1; 1989, c. 76, s. 15; 1989 (Reg. Sess., 1990), c. 806, s. 3; 2001‑193,s. 16.)

State Codes and Statutes

Statutes > North-carolina > Chapter_54B > GS_54B-48_2

§ 54B‑48.2. Definitions.

Notwithstanding the provisionsof G.S. 54B‑4, as used in this Article, unless the context requiresotherwise:

(1)        "Acquire",as applied to an association or a savings and loan holding company, means anyof the following actions or transactions:

a.         The merger orconsolidation of an association with another association or savings and loanholding company or a savings and loan holding company with another savings andloan holding company.

b.         The acquisition ofthe direct or indirect ownership or control of voting shares of an associationor savings and loan holding company if, after the acquisition, the acquiringassociation or savings and loan holding company will directly or indirectly ownor control more than five percent (5%) of any class of voting shares of theacquired association or savings and loan holding company.

c.         The direct orindirect acquisition of all or substantially all of the assets of anassociation or savings and loan holding company.

d.         The taking of anyother action that would result in the direct or indirect control of anassociation or savings and loan holding company.

(2)        "Commissionerof Banks" means the Commissioner of Banks.

(3)        "Association"means a mutual or capital stock savings and loan association, building and loanassociation or savings bank chartered under the laws of any one of the statesor under the laws of the United States.

(4)        "Branchoffice" means any office at which an association accepts deposits. Theterm branch office does not include:

a.         Unmanned automaticteller machines, point‑of‑sale terminals, or similar unmannedelectronic banking facilities at which deposits may be accepted;

b.         Offices locatedoutside the United States; and

c.         Loan productionoffices, representative offices, service corporation offices, or other officesat which deposits are not accepted.

(5)        "Company"means that which is set forth in the Federal Savings and Loan Holding CompanyAct, 12 U.S.C. Section 1730a(a)(1)(C), as amended.

(6)        "Control"means that which is set forth in the Federal Savings and Loan Holding CompanyAct, 12 U.S.C. Section 1730a(a)(2), as amended.

(7)        "Deposits"means all demand, time, and savings deposits, without regard to the location ofthe depositor: Provided, however, that "deposits" shall not includeany deposits by associations. For purposes of this Article, determination ofdeposits shall be made with reference to regulatory reports of condition orsimilar reports made by or to State and federal regulatory authorities.

(8)        "Federalassociation" means an association chartered under the laws of the UnitedStates.

(9)        "North Carolinaassociation" means an association organized under the laws of the State ofNorth Carolina or under the laws of the United States and that:

a.         Has its principalplace of business in the State of North Carolina;

b.         Which if controlledby an organization, the organization is either a North Carolina association,Southern Region association, North Carolina savings and loan holding company,or a Southern Region savings and loan holding company; and

c.         More than eightypercent (80%) of its total deposits, other than deposits located in branchoffices acquired pursuant to Section 123 of the Garn‑St. GermainDepository Institutions Act of 1982 (12 U.S.C. 1730a(m)) or comparable statelaw, are in its branch offices located in one or more of the Southern Regionstates.

(10)      "North CarolinaSavings and Loan Holding Company" means a savings and loan holding companythat:

a.         Has its principalplace of business in the State of North Carolina;

b.         Has total depositsof its Southern Region association subsidiaries and North Carolina associationsubsidiaries that exceed eighty percent (80%) of the total deposits of allassociation subsidiaries of the savings and loan holding company other thanthose association subsidiaries held pursuant to Section 123 of the Garn‑St.Germain Depository Institutions Act of 1982 (12 U.S.C. 1730a(m)) or comparablestate law.

(11)      "Principal placeof business" of an association means the state in which the aggregatedeposits of the association are the largest. For the purposes of this Article,the principal place of business of a savings and loan holding company is thestate where the aggregate deposits of the association subsidiaries of theholding company are the largest.

(12)      "Savings andloan holding company" means any company which directly or indirectlycontrols an association or controls any other company which is a savings andloan holding company.

(13)      "ServiceCorporation" means any corporation, the majority of the capital stock ofwhich is owned by one or more associations and which engages, directly orindirectly, in any activities which may be engaged in by a service corporationin which an association may invest under the laws of one of the states or underthe laws of the United States.

(14)      "Southern Regionassociation" means an association other than a North Carolina associationorganized under the laws of one of the Southern Region states or under the lawsof the United States and that:

a.         Has its principalplace of business only in a Southern Region state other than North Carolina;

b.         Which if controlledby an organization, the organization is either a Southern Region association ora Southern Region savings and loan holding company; and

c.         More than eightypercent (80%) of its total deposits, other than deposits located in branchoffices acquired pursuant to Section 123 of the Garn‑St. GermainDepository Institutions Act of 1982 (12 U.S.C. 1730a(m)) or comparable statelaw, are in its branch offices located in one or more of the Southern Regionstates.

(15)      "Southern Regionsavings and loan holding company" means a savings and loan holding companythat:

a.         Has its principalplace of business in a Southern Region state other than the State of North Carolina;

b.         Has total depositsof its Southern Region association subsidiaries and North Carolina associationsubsidiaries that exceed eighty percent (80%) of the total deposits of allassociation subsidiaries of the savings and loan holding company other thanthose association subsidiaries held pursuant to Section 123 of the Garn‑St.Germain Depository Institutions Act of 1982 (12 U.S.C. 1730a(m)) or comparablestate law.

(16)      "Southern Regionstates" means the states of Alabama, Arkansas, Florida, Georgia, Kentucky,Louisiana, Maryland, Mississippi, North Carolina, South Carolina, Tennessee,Virginia, West Virginia, and the District of Columbia.

(17)      "State"means any state of the United States and the District of Columbia.

(18)      "Stateassociation" means an association organized under the laws of one of thestates.

(19)      "Subsidiary"means that which is set forth in the Federal Savings and Loan Holding CompanyAct, 12 U.S.C. Section 1730a(a)(1)(H), as amended. (1983 (Reg. Sess., 1984), c.1087, s. 1; 1989, c. 76, s. 15; 1989 (Reg. Sess., 1990), c. 806, s. 3; 2001‑193,s. 16.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_54B > GS_54B-48_2

§ 54B‑48.2. Definitions.

Notwithstanding the provisionsof G.S. 54B‑4, as used in this Article, unless the context requiresotherwise:

(1)        "Acquire",as applied to an association or a savings and loan holding company, means anyof the following actions or transactions:

a.         The merger orconsolidation of an association with another association or savings and loanholding company or a savings and loan holding company with another savings andloan holding company.

b.         The acquisition ofthe direct or indirect ownership or control of voting shares of an associationor savings and loan holding company if, after the acquisition, the acquiringassociation or savings and loan holding company will directly or indirectly ownor control more than five percent (5%) of any class of voting shares of theacquired association or savings and loan holding company.

c.         The direct orindirect acquisition of all or substantially all of the assets of anassociation or savings and loan holding company.

d.         The taking of anyother action that would result in the direct or indirect control of anassociation or savings and loan holding company.

(2)        "Commissionerof Banks" means the Commissioner of Banks.

(3)        "Association"means a mutual or capital stock savings and loan association, building and loanassociation or savings bank chartered under the laws of any one of the statesor under the laws of the United States.

(4)        "Branchoffice" means any office at which an association accepts deposits. Theterm branch office does not include:

a.         Unmanned automaticteller machines, point‑of‑sale terminals, or similar unmannedelectronic banking facilities at which deposits may be accepted;

b.         Offices locatedoutside the United States; and

c.         Loan productionoffices, representative offices, service corporation offices, or other officesat which deposits are not accepted.

(5)        "Company"means that which is set forth in the Federal Savings and Loan Holding CompanyAct, 12 U.S.C. Section 1730a(a)(1)(C), as amended.

(6)        "Control"means that which is set forth in the Federal Savings and Loan Holding CompanyAct, 12 U.S.C. Section 1730a(a)(2), as amended.

(7)        "Deposits"means all demand, time, and savings deposits, without regard to the location ofthe depositor: Provided, however, that "deposits" shall not includeany deposits by associations. For purposes of this Article, determination ofdeposits shall be made with reference to regulatory reports of condition orsimilar reports made by or to State and federal regulatory authorities.

(8)        "Federalassociation" means an association chartered under the laws of the UnitedStates.

(9)        "North Carolinaassociation" means an association organized under the laws of the State ofNorth Carolina or under the laws of the United States and that:

a.         Has its principalplace of business in the State of North Carolina;

b.         Which if controlledby an organization, the organization is either a North Carolina association,Southern Region association, North Carolina savings and loan holding company,or a Southern Region savings and loan holding company; and

c.         More than eightypercent (80%) of its total deposits, other than deposits located in branchoffices acquired pursuant to Section 123 of the Garn‑St. GermainDepository Institutions Act of 1982 (12 U.S.C. 1730a(m)) or comparable statelaw, are in its branch offices located in one or more of the Southern Regionstates.

(10)      "North CarolinaSavings and Loan Holding Company" means a savings and loan holding companythat:

a.         Has its principalplace of business in the State of North Carolina;

b.         Has total depositsof its Southern Region association subsidiaries and North Carolina associationsubsidiaries that exceed eighty percent (80%) of the total deposits of allassociation subsidiaries of the savings and loan holding company other thanthose association subsidiaries held pursuant to Section 123 of the Garn‑St.Germain Depository Institutions Act of 1982 (12 U.S.C. 1730a(m)) or comparablestate law.

(11)      "Principal placeof business" of an association means the state in which the aggregatedeposits of the association are the largest. For the purposes of this Article,the principal place of business of a savings and loan holding company is thestate where the aggregate deposits of the association subsidiaries of theholding company are the largest.

(12)      "Savings andloan holding company" means any company which directly or indirectlycontrols an association or controls any other company which is a savings andloan holding company.

(13)      "ServiceCorporation" means any corporation, the majority of the capital stock ofwhich is owned by one or more associations and which engages, directly orindirectly, in any activities which may be engaged in by a service corporationin which an association may invest under the laws of one of the states or underthe laws of the United States.

(14)      "Southern Regionassociation" means an association other than a North Carolina associationorganized under the laws of one of the Southern Region states or under the lawsof the United States and that:

a.         Has its principalplace of business only in a Southern Region state other than North Carolina;

b.         Which if controlledby an organization, the organization is either a Southern Region association ora Southern Region savings and loan holding company; and

c.         More than eightypercent (80%) of its total deposits, other than deposits located in branchoffices acquired pursuant to Section 123 of the Garn‑St. GermainDepository Institutions Act of 1982 (12 U.S.C. 1730a(m)) or comparable statelaw, are in its branch offices located in one or more of the Southern Regionstates.

(15)      "Southern Regionsavings and loan holding company" means a savings and loan holding companythat:

a.         Has its principalplace of business in a Southern Region state other than the State of North Carolina;

b.         Has total depositsof its Southern Region association subsidiaries and North Carolina associationsubsidiaries that exceed eighty percent (80%) of the total deposits of allassociation subsidiaries of the savings and loan holding company other thanthose association subsidiaries held pursuant to Section 123 of the Garn‑St.Germain Depository Institutions Act of 1982 (12 U.S.C. 1730a(m)) or comparablestate law.

(16)      "Southern Regionstates" means the states of Alabama, Arkansas, Florida, Georgia, Kentucky,Louisiana, Maryland, Mississippi, North Carolina, South Carolina, Tennessee,Virginia, West Virginia, and the District of Columbia.

(17)      "State"means any state of the United States and the District of Columbia.

(18)      "Stateassociation" means an association organized under the laws of one of thestates.

(19)      "Subsidiary"means that which is set forth in the Federal Savings and Loan Holding CompanyAct, 12 U.S.C. Section 1730a(a)(1)(H), as amended. (1983 (Reg. Sess., 1984), c.1087, s. 1; 1989, c. 76, s. 15; 1989 (Reg. Sess., 1990), c. 806, s. 3; 2001‑193,s. 16.)