Section 5-901 - Definitions.

§ 5-901. Definitions.
 

(a)  In general.- In this subtitle the following words have the meanings indicated. 

(b)  Acquire.- "Acquire" means: 

(1) For one bank holding company to merge or consolidate with another bank holding company; 

(2) For a bank holding company to assume direct or indirect ownership or control of: 

(i) More than 5 percent of any class of voting shares of another bank holding company or a bank; or 

(ii) All or substantially all of the assets of another bank holding company or a bank; or 

(3) To take any other action that results in the direct or indirect control by a bank holding company of another bank holding company or a bank. 

(c)  Affiliate.- "Affiliate" has the meaning stated in § 5-401 of this title. 

(d)  Bank.- "Bank" has the meaning stated in § 2 (c) of the Bank Holding Company Act. 

(e)  Bank holding company.- "Bank holding company": 

(1) Has the meaning stated in § 2 (a) of the Bank Holding Company Act; and 

(2) Unless the context requires otherwise, includes: 

(i) A Maryland bank holding company; 

(ii) An out-of-state bank holding company; 

(iii) A foreign bank holding company; and 

(iv) A corporation or other entity that becomes a bank holding company by making an acquisition under this subtitle. 

(f)  Bank Holding Company Act.- "Bank Holding Company Act" means the federal Bank Holding Company Act of 1956. 

(g)  Bank supervisory agency.- "Bank supervisory agency" means: 

(1) The Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, and the Board of Governors of the Federal Reserve System, and any successor to these agencies; 

(2) Any agency of another state with primary responsibility for chartering and supervising banks; and 

(3) Any agency of a foreign country with primary responsibility for chartering and supervising banks. 

(h)  Control.- "Control" has the meaning stated in § 2 (a) of the Bank Holding Company Act. 

(i)  Deposit.- "Deposit": 

(1) With respect to any bank holding company other than a foreign bank holding company, has the meaning stated in 12 U.S.C. § 1813 (l); and 

(2) With respect to a foreign bank holding company, has the meaning stated in the law of the country in which the holding company is organized or incorporated. 

(j)  Foreign bank holding company.- "Foreign bank holding company" means a bank holding company with its principal place of business outside the United States. 

(k)  Insured depository institution.- "Insured depository institution" means any financial institution the deposits of which are insured by the Federal Deposit Insurance Corporation. 

(l)  Maryland bank.- "Maryland bank" means a bank that is: 

(1) Organized under Title 3 or Title 4 of this article; or 

(2) Organized under federal law and having its main office in this State. 

(m)  Maryland bank holding company.- "Maryland bank holding company" means a bank holding company that: 

(1) Had its principal place of business in this State on the later of July 1, 1966 or the date on which the company became a bank holding company; and 

(2) Is not controlled by a bank holding company other than a Maryland bank holding company. 

(n)  Out-of-state bank holding company.-  

(1) "Out-of-state bank holding company" means a bank holding company that is not a Maryland bank holding company. 

(2) "Out-of-state bank holding company" includes a foreign bank holding company. 

(o)  Principal place of business.- "Principal place of business" means the jurisdiction in which the total deposits of a bank holding company's bank subsidiaries are the greatest. 

(p)  State.- "State" means any state, territory, or other possession of the United States, including the District of Columbia. 

(q)  Subsidiary.- "Subsidiary" has the meaning stated in § 2 (d) of the Bank Holding Company Act. 
 

[1995, ch. 213, § 2; 1996, ch. 326, §§ 2, 3.]