Page:United States Statutes at Large Volume 108 Part 3.djvu/598

 108 STAT. 2350 PUBLIC LAW 103-328—SEPT. 29, 1994 "(1) LAW APPLICABLE TO NATIONAL BANK BRANCHES.— "(A) IN GENERAL. —The laws of the host State regarding community reinvestment, consumer protection, fair lending, and establishment of intrastate branches shall apply to any branch in the host State of an out-of-State national bank to the same extent as such State laws apply to a branch of a bank chartered by that State, except— "(i) when Federal law preempts the application of such State laws to a national bank; or "(ii) when the Comptroller of the Currency determines that the application of such State laws would have a discriminatory effect on the branch in comparison with the effect the application of such State laws would have with respect to branches of a bank chartered by the host State. "(B) ENFORCEMENT OF APPLICABLE STATE LAWS. —The provisions of any State law to which a branch of a national bank is subject under this paragraph shall be enforced, with respect to such branch, by the Comptroller of the Currency. "(2) TREATMENT OF BRANCH AS BANK. —Al l laws of a host State, other than the laws regarding community reinvestment, consumer protection, fair lending, establishment of intrastate branches, and the application or administration of any tax or method of taxation, shall apply to a branch (in such State) of an out-of-State national bank to the same extent as such laws would apply if the branch were a national bank the main office of which is in such State. "(3) RULE OF CONSTRUCTION. —N O provision of this subsection may be construed as affecting the legal standards for preemption of the application of State law to national banks.". (2) ACT OF MAY i, isse.—Section 2 of the Act entitled "An Act to enable national banking associations to increase their capital stock and to change their names and locations." and approved May 1, 1886 (12 U.S.C. 30) is amended by adding at the end the following new subsection: "(c) COORDINATION WITH REVISED STATUTES.— In the case of a national bank which relocates the main office of such bank from 1 State to another State after May 31, 1997, the bank may retain and operate branches within the State from which the bank relocated such office only to the extent authorized in section 5155(e)(2) of the Revised Statutes.". (3) FEDERAL DEPOSIT INSURANCE ACT.— (A) EXCLUSIVE AUTHORITY FOR ADDITIONAL BRANCHES OF STATE NONMEMBER BANKS.—Section 18(d) of the Federal Deposit Insurance Act (12 U.S.C. 1828(d)) is amended by adding at the end the following new paragraph: " (3) EXCLUSIVE AUTHORITY FOR ADDITIONAL BRANCHES.— "(A) IN GENERAL. — Effective June 1, 1997, a State nonmember bank may not acquire, establish, or operate a branch in any State other than the bank's home State (as defined in section 44(f)(4)) or a State in which the bank already has a branch unless the acquisition, establishment, or operation of a branch in such State by a State nonmember bank is authorized under this subsection or section 13(f), 13(k), or 44.

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