host State

(4) State “opt-in” election to permit interstate branching through de novo branches.— (A) In general .— Subject to subparagraph (B), the Corporation may approve an application by an insured State nonmember bank to establish and operate a de novo branch in a State (other than the bank’s home State) in which the bank does not maintain a branch if— (i) the law of the State in which the branch is located, or is to be located, would permit establishment of the branch, if the bank were a State bank chartered by such State; and (ii) the conditions established in, or made applicable to this paragraph by, subparagraph (B) are met. (B) Conditions on establishment and operation of interstate branch.— (i) Establishment .— An application by an insured State nonmember bank to establish and operate a de novo branch in a host State shall be subject to the same requirements and conditions to which an application for a merger transaction is subject under paragraphs (1), (3), and (4) of section 1831u(b) of this title . (ii) Operation .— Subsections (c) and (d)(2) of section 1831u of this title shall apply with respect to each branch of an insured State nonmember bank which is established and operated pursuant to an application approved under this paragraph in the same manner and to the same extent such provisions of such section apply to a branch of a State bank which resulted from a merger transaction under such section 1831u of this title . (C) “De novo branch” defined .— For purposes of this paragraph, the term “de novo branch” means a branch of a State bank which— (i) is originally established by the State bank as a branch; and (ii) does not become a branch of such bank as a result of— (I) the acquisition by the bank of an insured depository institution or a branch of an insured depository institution; or (II) the conversion, merger, or consolidation of any such institution or branch. (D) “Home state” defined .— The term “home State” means the State by which a State bank is chartered. (E) “Host state” defined .— The term “host State” means, with respect to a bank, a State, other than the home State of the bank, in which the bank maintains, or seeks to establish and maintain, a branch.

Source

12 USC § 1828(d)(4)


Scoping language

For purposes of this paragraph
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