{"identifier":"/us/usc/t12/s3201","title":12,"num":"\u00a7\u202f3201.","heading":"Definitions","text":"\u00a7\u202f3201.\nDefinitions\nAs used in this chapter\u2014\n(1) the term \u201cdepository institution\u201d means a commercial bank, a savings bank, a trust company, a savings and loan association, a building and loan association, a homestead association, a cooperative bank, an industrial bank, or a credit union;\n(2) the term \u201cdepository holding company\u201d means a bank holding company as defined in\nsection 1841(a) of this title\nsection 1841(a) of this title\n1\n1 See References in Text note below.\n(3) the characterization of any corporation (including depository institutions and depository holding companies), as an \u201caffiliate of,\u201d or as \u201caffiliated\u201d with any other corporation means that\u2014\n(A) one of the corporations is a depository holding company and the other is a subsidiary thereof, or both corporations are subsidiaries of the same depository holding company, as the term \u201csubsidiary\u201d is defined in either\nsection 1841(d) of this title\n1\n(B) more than 25 percent of the voting stock of one corporation is beneficially owned in the aggregate by one or more persons who also beneficially own in the aggregate more than 25 percent of the voting stock of the other corporation; or\n(C) one of the corporations is a trust company all of the stock of which, except for directors qualifying shares, was owned by one or more mutual savings banks on\nNovember 10, 1978\n(D) one of the corporations is a bank, insured by the Federal Deposit Insurance Corporation and chartered under State law, and is a bankers\u2019 bank, described in Paragraph Seventh of\nsection 24 of this title\n(E) one of the corporations is a bank, chartered under State law and insured by the Federal Deposit Insurance Corporation, the voting securities of which are held only by persons who are officers of other banks, as permitted by State law, and which bank is primarily engaged in providing banking services for other banks and not the public:\nProvided, however\n2\n2 So in original. The period probably should be a semicolon.\n(4) the term \u201cmanagement official\u201d means an employee or officer with management functions, a director (including an advisory or honorary director, except in the case of a depository institution with total assets of less than $100,000,000), a trustee of a business organization under the control of trustees, or any person who has a representative or nominee serving in any such capacity:\nProvided\nAnd provided further\n(5) the term \u201coffice\u201d used with reference to a depository institution means either a principal office or a branch; and\n(6) the term \u201cappropriate Federal depository institutions regulatory agency\u201d means, with respect to any depository institution or depository holding company, the agency referred to in\nsection 3207 of this title","url":"https://projectusc.org/usc/t12/s3201.html","content":[{"t":"sec","id":"/us/usc/t12/s3201","children":[{"t":"num","text":"\u00a7\u202f3201."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"As used in this chapter\u2014"},{"t":"para","id":"/us/usc/t12/s3201/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the term \u201cdepository institution\u201d means a commercial bank, a savings bank, a trust company, a savings and loan association, a building and loan association, a homestead association, a cooperative bank, an industrial bank, or a credit union;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s3201/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the term \u201cdepository holding company\u201d means a bank holding company as defined in ","children":[{"t":"ref","text":"section 1841(a) of this title","href":"/us/usc/t12/s1841/a","tail":", a company which would be a bank holding company as defined in "},{"t":"ref","text":"section 1841(a) of this title","href":"/us/usc/t12/s1841/a","tail":" but for the exemption contained in subsection (a)(5)(F) thereof, or a savings and loan holding company as defined in section 1730a(a)(1)(D)\u202f"},{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSee References in Text note below."},{"t":"text","text":"\u202fSee References in Text note below.","tail":" of this title;"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s3201/3","children":[{"t":"num","text":"(3)"},{"t":"chapeau","text":" the characterization of any corporation (including depository institutions and depository holding companies), as an \u201caffiliate of,\u201d or as \u201caffiliated\u201d with any other corporation means that\u2014"},{"t":"subpara","id":"/us/usc/t12/s3201/3/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" one of the corporations is a depository holding company and the other is a subsidiary thereof, or both corporations are subsidiaries of the same depository holding company, as the term \u201csubsidiary\u201d is defined in either ","children":[{"t":"ref","text":"section 1841(d) of this title","href":"/us/usc/t12/s1841/d","tail":" in the case of a bank holding company or section 1730a(a)(1)(H)\u202f"},{"t":"text","text":"1","tail":" of this title in the case of a savings and loan holding company; or"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s3201/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" more than 25 percent of the voting stock of one corporation is beneficially owned in the aggregate by one or more persons who also beneficially own in the aggregate more than 25 percent of the voting stock of the other corporation; or","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s3201/3/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" one of the corporations is a trust company all of the stock of which, except for directors qualifying shares, was owned by one or more mutual savings banks on ","children":[{"t":"text","text":"November 10, 1978","tail":", and the other corporation is a mutual savings bank; or"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s3201/3/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" one of the corporations is a bank, insured by the Federal Deposit Insurance Corporation and chartered under State law, and is a bankers\u2019 bank, described in Paragraph Seventh of ","children":[{"t":"ref","text":"section 24 of this title","href":"/us/usc/t12/s24","tail":"; or"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t12/s3201/3/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" one of the corporations is a bank, chartered under State law and insured by the Federal Deposit Insurance Corporation, the voting securities of which are held only by persons who are officers of other banks, as permitted by State law, and which bank is primarily engaged in providing banking services for other banks and not the public: ","children":[{"t":"text","text":"Provided, however","tail":", That in no case shall the voting securities of such corporation be held by such officers of other banks in excess of 6 per centum of the paid-in capital and 6 per centum of the surplus of such a bank."},{"t":"ref","text":"2"},{"t":"num","text":"2","tail":"\u202fSo in original. The period probably should be a semicolon."},{"t":"text","text":"\u202fSo in original. The period probably should be a semicolon."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s3201/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" the term \u201cmanagement official\u201d means an employee or officer with management functions, a director (including an advisory or honorary director, except in the case of a depository institution with total assets of less than $100,000,000), a trustee of a business organization under the control of trustees, or any person who has a representative or nominee serving in any such capacity: ","children":[{"t":"text","text":"Provided","tail":", That if a corporator, trustee, director, or other officer of a State-chartered savings bank or cooperative bank is specifically authorized under the laws of the State in which said institution is located to serve as a trustee, director, or other officer of a State-chartered trust company which does not make real estate mortgage loans and does not accept savings deposits from natural persons, then, for the purposes of this chapter, such corporator, trustee, director, or other officer shall not be deemed to be a management official of such trust company: "},{"t":"text","text":"And provided further","tail":", That if a management official of a State-chartered trust company which does not make real estate mortgage loans and does not accept savings deposits from natural persons is specifically authorized under the laws of the State in which said institution is located to serve as a corporator, trustee, director, or other officer of a State-chartered savings bank or cooperative bank, then, for the purposes of this chapter, such management official shall not be deemed to be a management official of any such savings bank or cooperative bank;"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s3201/5","children":[{"t":"num","text":"(5)"},{"t":"content","text":" the term \u201coffice\u201d used with reference to a depository institution means either a principal office or a branch; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t12/s3201/6","children":[{"t":"num","text":"(6)"},{"t":"content","text":" the term \u201cappropriate Federal depository institutions regulatory agency\u201d means, with respect to any depository institution or depository holding company, the agency referred to in ","children":[{"t":"ref","text":"section 3207 of this title","href":"/us/usc/t12/s3207","tail":" in connection with such institution or company."}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}