Page:United States Statutes at Large Volume 108 Part 3.djvu/590

 108 STAT. 2342 PUBLIC LAW 103-328—SEPT. 29, 1994 "(B) includes section 5 of the Federal Trade Commission Act to the extent that such section 5 relates to unfair methods of competition. "(3) BRANCH.— The term 'branch' means a domestic branch (as defined in section 3 of the Federal Deposit Insurance Act). "(4) HOME STATE.—The term 'home State' means— "(A) with respect to a national bank, the State in which the main office of the bank is located; "(B) with respect to a State bank, the State by which the bank is chartered; and "(C) with respect to a bank holding company, the State in which the total deposits of all banking subsidiaries of such company are the largest on the later of— "(i) July 1, 1966; or "(ii) the date on which the company becomes a bank holding company under this Act. "(5) HOST STATE.— The term 'host State' means— "(A) with respect to a bank, a State, other than the home State of the bank, in which the bank maintains, or seeks to establish and maintain, a branch; and "(B) with respect to a bank holding company, a State, other than the home State of the company, in which the company controls, or seeks to control, a bank subsidiary. "(6) OUT-OF-STATE BANK.—The term 'out-of-State bank' means, with respect to any State, a bank whose home State is another State. "(7) OUT-OF-STATE BANK HOLDING COMPANY. —The term 'out-of-State bank holding company' means, with respect to any State, a bank holding company whose home State is another State.". (d) SUBSIDIARY DEPOSITORY INSTITUTIONS AS AGENTS. —Section 18 of the Federal Deposit Insurance Act (12 U.S.C. 1828) is amended by adding at the end the following new subsection: "(r) SUBSIDIARY DEPOSITORY INSTITUTIONS AS AGENTS FOR CER- TAIN AFFILIATES.— "(1) IN GENERAL.— Any bank subsidiary of a bank holding company may receive deposits, renew time deposits, close loans, service loans, and receive pa5niients on loans and other obligations as an agent for a depository institution affiliate. "(2) BANK ACTING AS AGENT IS NOT A BRANCH.—Notwithstanding any other provision of law, a bank acting as an agent in accordance with paragraph (1) for a depository institution affiliate shall not be considered to be a branch of the affiliate. "(3) PROHIBITIONS ON ACTIVITIES. — A depository institution may not— "(A) conduct any activity as an agent under paragraph (1) or (6) which such institution is prohibited from conducting as a principal under any applicable Federal or State law; or "(B) as a principal, have an agent conduct any activity under paragraph (1) or (6) which the institution is prohibited from conducting under any applicable Federal or State law. " (4) EXISTING AUTHORITY NOT AFFECTED. —No provision of this subsection shall be construed as affecting—

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