6-08.4-01. Definitions.
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For purposes of this chapter, unless the context otherwise requires:
1. "Affiliate" means a company that controls, is controlled by, or is under common control
with another company.
2. "Bank" means insured depository institution as defined in 12 U.S.C. 1813(c)(2), but the
term does not include "foreign bank" as defined in 12 U.S.C. 3101(7), except any
foreign bank organized under the laws of a territory of the United States, the deposits
of which are insured by the federal deposit insurance corporation.
3. "Commercial activities" means activities in which a bank holding company, a financial
holding company, a national bank, or a national bank financial subsidiary may not
engage under federal law.
4. "Home state" means:
a. With respect to a national bank, the state in which the main office is located; and
b. With respect to a state bank, the state by which the bank is chartered.
5. "Transaction" means a bank's establishment, operation, and, as applicable, retention
of a bank branch office in a state other than its home state, whether de novo, by
acquisition of a separate branch office, or through a merger of a North Dakota bank
with another bank.