Code of the District of Columbia

§ 26–732. Definitions.

For the purposes of this subchapter, the term:

(1) “Acquire” means:

(A) To merge or consolidate;

(B) To have direct or indirect ownership or control of voting shares, if, after the acquisition, the acquiror directly or indirectly owns or controls more than 5% of any class of voting shares of the acquired; or

(C) Any action that would result in direct or indirect control of the acquired, including a direct or indirect ownership of all or of substantially all of the assets of the acquired.

(2) “Acquisition of a branch” means the acquisition of a branch located in a host state without acquiring the bank of such branch.

(3) “Bank” means any insured bank as defined in 12 U.S.C. § 1813(h), or any institution eligible to become an insured bank as defined therein, which accepts demand deposits and makes commercial loans.

(4) “Branch” means any branch bank or branch bank office or other bank facility where deposits are received, checks are paid, or money is lent.

(5) “De novo branch” means a branch of a bank located in a host state which:

(A) Is originally established by a bank as a branch; and

(B) Does not become a branch of a bank as the result of the acquisition of another bank or the acquisition of a branch of another bank.

(6) “Depository institution affiliate” means any depository institution that controls, is controlled by, or is under common control of or with another depository institution.

(7) “District” means the District of Columbia.

(8) “District bank” means a bank whose home state is the District of Columbia and whose primary regulator is the District’s Superintendent of Banking and Financial Institutions [Commissioner of the Department of Insurance, Securities, and Banking] or the Comptroller of the Currency.

(9) “District state bank” means a bank whose home state is the District and that is chartered under the laws of the District.

(10) “Home state” means:

(A) The state of the main office for a national bank; or

(B) The state of chartering for a state bank.

(11) “Host state” means a state, other than the home state of a bank, in which a bank maintains or seeks to maintain a branch.

(12) “Interstate merger transaction” means:

(A) The merger or consolidation of banks with different home states pursuant to the authority of this subchapter, and the conversion of branches of any bank involved in such a merger or consolidation to branches of the resulting bank; or

(B) The purchase of all, or substantially all, of the assets of a bank whose home state is not the home state of the acquiring bank pursuant to the authority of this subchapter.

(13) “Out-of-state bank” means a bank whose home state is not the District.

(14) “Out-of-state national bank” means a nationally-chartered bank whose home state is not the District of Columbia.

(15) “Out-of-state state bank” means a state chartered bank whose home state is not the District of Columbia.

(16) “Resulting bank” means a bank that has resulted from an interstate merger transaction.

(17) “State” means any state of the United States, the District of Columbia, or any territory of the United States, or any legally incorporated jurisdiction deemed to be a state by the District’s Superintendent of Banking and Financial Institutions [Commissioner of the Department of Insurance, Securities, and Banking].

(18) “Superintendent” means the District’s Superintendent of Banking and Financial Institutions [Commissioner of the Department of Insurance, Securities, and Banking].


(June 13, 1996, D.C. Law 11-142, § 3, 43 DCR 2159.)

Prior Codifications

1981 Ed., § 26-852.