6.2-1148 - (Effective October 1, 2010) Definitions.

§ 6.2-1148. (Effective October 1, 2010) Definitions.

As used in this article, unless the context requires a different meaning:

"Acquire" means:

1. The merger or consolidation of one stock savings institution with anotherstock savings institution or of a savings institution holding company withanother savings institution holding company;

2. The acquisition by a savings institution holding company or savingsinstitution of direct or indirect ownership or control of voting shares ofanother savings institution holding company or a savings institution, if,after such acquisition, the savings institution holding company or savingsinstitution making the acquisition will directly or indirectly own or controlmore than 25 percent of any class of voting shares of the other savingsinstitution holding company or savings institution;

3. The direct or indirect acquisition by a savings institution holdingcompany or by a savings institution of all or substantially all of the assetsof another savings institution holding company or of another savingsinstitution; or

4. Any other action that would result in direct or indirect control by asavings institution holding company or by a savings institution of anothersavings institution holding company or another savings institution.

"Out-of-state savings institution" means a savings institution that:

1. Is organized under the laws of the United States or of one of the statesother than Virginia; and

2. Has its principal place of business in a state other than Virginia.

"Out-of-state savings institution holding company" means a savingsinstitution holding company that has its principal place of business in astate other than Virginia.

"Principal place of business of a savings institution" shall be the statein which the largest portion of the deposits of the savings institution islocated at the end of the last calendar year.

"Principal place of business of a savings institution holding company"shall be the state in which the largest portion of the deposits of theholding company's subsidiaries is located as of the end of the last calendaryear.

"Subsidiary" with respect to a savings institution holding company means:

1. Any company 25 percent or more of the voting shares of which, excludingshares owned by the United States or by any company wholly owned by theUnited States, is directly or indirectly owned or controlled by such savingsinstitution holding company, or is held by it with power to vote;

2. Any company the election of a majority of the directors of which iscontrolled in any manner by such savings institution holding company; or

3. Any company with respect to the management or policies of which suchsavings institution holding company has the power, directly or indirectly, toexercise a controlling influence, as determined by the Commission, afternotice and opportunity for hearing.

"Virginia savings institution" means a savings institution, including astate savings bank, that:

1. Is organized under the laws of the Commonwealth or of the United States;and

2. Has deposit-taking offices located only in the Commonwealth.

"Virginia savings institution holding company" means a savings institutionholding company, including the holding company of a state savings bank, that:

1. Has its principal place of business in the Commonwealth;

2. The financial institution subsidiaries of which are located outside theCommonwealth hold not greater than 20 percent of the total deposits held byall of its financial institution subsidiaries; and

3. Is not controlled by a savings institution holding company other than aVirginia savings institution holding company.

(1985, c. 425, § 6.1-194.96; 1988, c. 535; 1994, cc. 315, 353; 2010, c. 794.)