Page:United States Statutes at Large Volume 108 Part 3.djvu/589

 y<«|tMK#r'^ PUBLIC LAW 103-328—SEPT. 29, 1994 108 STAT. 2341 "(E) DEPOSIT DEFINED.— For purposes of this paragraph, the term 'deposit' has the same meaning as in section 3(1) of the Federal Deposit Insurance Act. " (3) COMMUMTY REINVESTMENT COMPLIANCE. —In determining whether to approve an application under paragraph (1)(A), the Board shall— "(A) comply with the responsibilities of the Board regarding such application under section 804 of the Community Reinvestment Act of 1977; and "(B) take into account the applicant's record of compliance with applicable State community reinvestment laws. " (4) APPLICABILITY OF ANTITRUST LAWS. —No provision of this subsection shall be construed as affecting— "(A) the applicability of the antitrust laws; or "(B) the applicability, if any, of any State law which is similar to the antitrust laws. " (5) EXCEPTION FOR BANKS IN DEFAULT OR IN DANGER OF DEFAULT. —The Board may approve an application pursuant to paragraph (1)(A) which involves— "(A) an acquisition of 1 or more banks in default or in danger of default; or "(B) an acquisition with respect to which assistance is provided under section 13(c) of the Federal Deposit Insurance Act; without regard to subparagraph (B) or (D) of paragraph (1) or paragraph (2) or (3).". (b) STATE TAXATION AUTHORITY NOT AFFECTED.—Section 7 of the Bank Holding Company Act of 1956 (12 U.S.C. 1846) is amended— (1) by striking "No provision" and inserting "(a) IN GEN- ERAL.— No provision"; and (2) by adding at the end the following new subsection: "(b) STATE TAXATION AUTHORITY NOT AFFECTED. —No provision of this Act shall be construed as aifecting the authority of any State or political subdivision of any State to adopt, apply, or administer any tax or method of taxation to any bank, bank holding company, or foreign bank, or any affiliate of any bank, bank holding company, or foreign bank, to the extent that such tax or tax method is otherwise permissible by or under the Constitution of the United States or other Federal law.". (c) DEFINITIONS. — Section 2 of the Bank Holding Company Act of 1956 (12 U.S.C. 1841) is amended by adding at the end the following new subsections: "(n) INCORPORATED DEFINITIONS. —For purposes of this Act, the terms 'insured depository institution', 'appropriate Federal banking agency', 'default', 'in danger of default', and 'State bank supervisor' have the same meanings as in section 3 of the Federal Deposit Insurance Act. "(o) OTHER DEFINITIONS. —For purposes of this Act, the following definitions shall apply: "(1) ADEQUATELY CAPITALIZED. —The term 'adequately capitalized' means a level of capitalization which meets or exceeds all applicable Federal regulatory capital standards. "(2) ANTITRUST LAWS.—Except as provided in section 11, the term 'antitrust laws'— "(A) has the same meaning as in subsection (a) of the first section of the Clayton Act; and

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