(a) Definition. A branch office of a Federal savings association (“you”) is any office other than your home office, agency office, administrative office, data processing office, or an electronic means or facility under part 155 of this chapter.

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(b) Branching. Subject to the application and notice requirements at § 5.31 of this chapter, you may branch in any state or states of the United States and its territories unless the location would violate:

(1) Section 5(r) of the HOLA (12 U.S.C. § 1464(r));

(2) Section 10(e)(3) of the HOLA (12 U.S.C. § 1467a(e)(3)); or

(3) Section 13(k)(4) of the FDIA (12 U.S.C. § 1823(k)(4)).

(c) Preemption. This exercise of the OCC’s authority is preemptive of any state law purporting to address the subject of branching by a Federal savings association.

[76 FR 48999, Aug. 9, 2011, as amended at 80 FR 28480, May 18, 2015]