Company

(4) Company means a corporation, limited liability company, partnership, business trust, association, or similar organization. (5) For business combinations under paragraphs (g)(4) and (5) of this section, a company or shareholder is deemed to control another company if: (i) Such company or shareholder, directly or indirectly, or acting through one or more other persons owns, controls, or has power to vote 25 percent or more of any class of voting securities of the other company; or (ii) Such company or shareholder controls in any manner the election of a majority of the directors or trustees of the other company. No company is deemed to own or control another company by virtue of its ownership or control of shares in a fiduciary capacity. (6) Credit union means a financial institution subject to examination by the National Credit Union Administration Board. (7) Home State means, with respect to a national bank, the State in which the main office of the national bank is located and, with respect to a State bank, the State by which the bank is chartered. (8) Interim national bank or interim Federal savings association means a national bank or Federal savings association that does not operate independently but exists solely as a vehicle to accomplish a business combination. (9) Nonbank affiliate of a national bank means any company (other than a bank or Federal savings association) that controls, is controlled by, or is under common control with the national bank. (10) Other combination means: (i) Any merger or consolidation between a national bank or a Federal savings association and one or more depository institutions or State trust companies, in which the resulting institution is not a national bank or Federal savings association; (ii) In the case of a Federal stock savings association, any merger or consolidation with a credit union in which the resulting institution is a credit union; (iii) The transfer by a national bank or a Federal savings association of any deposit liabilities to another insured depository institution, a credit union or any other institution; or (iv) The acquisition by a national bank or a Federal savings association of all, or substantially all, of the assets, or the assumption of all or substantially all of the liabilities, of any company other than a depository institution. (11) Savings association and State savings association have the meaning set forth in section 3(b) of the Federal Deposit Insurance Act, 12 U.S.C. 1813(b). (12) State trust company means a trust company organized under State law that is not engaged in the business of receiving deposits, other than trust funds.

Source

12 CFR § 5.33


Scoping language

None
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