Washington Code 30A.38.080 – Application of Washington laws — Declaration of invalidity
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(1) The laws of Washington applicable to Washington state banks regarding community reinvestment, consumer protection, fair lending, and the establishment of intrastate branches apply to any branch in Washington of an out-of-state national bank or out-of-state state bank to the same extent as Washington laws apply to a Washington state bank. In lieu of taking action directly against an out-of-state state bank to enforce compliance with these Washington laws on host state branches, the director may refer action to the home state regulator, but the director retains enforcement powers to ensure that compliance is satisfactory to the director.
Terms Used In Washington Code 30A.38.080
- Bank: means any national bank, state bank, and district bank, as those terms are defined in 12 U. See Washington Code 30A.38.005
- Branch: means an office of a bank through which it receives deposits, other than its principal office. See Washington Code 30A.38.005
- Home state: means with respect to a:
Washington Code 30A.38.005Host state: means a state, other than the home state of a bank, in which the bank maintains, or seeks to establish and maintain a branch. See Washington Code 30A.38.005 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC Out-of-state state bank: means a bank chartered under the laws of any state other than Washington. See Washington Code 30A.38.005 State: means any state of the United States, the District of Columbia, any territory of the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific Islands, the Virgin Islands, and the Northern Mariana Islands. See Washington Code 30A.38.005 Washington state bank: means a bank organized under Washington banking law. See Washington Code 30A.38.005
(2) Any host state branch of a Washington state bank shall comply with all applicable host state laws concerning community reinvestment, consumer protection, fair lending, and the establishment of intrastate branches.
(3) In the event that the responsible federal chartering authority, pursuant to applicable federal law, or in the event a court of competent jurisdiction declares that any Washington state law is invalid with respect to an out-of-state or national bank, that Washington state law is also invalid with respect to Washington state banks and to host branches of out-of-state state banks to that same extent. The director may, from time to time, publish by rule Washington state laws that have been found invalidated pursuant to federal law and procedures. This subsection does not impair, in any manner, the authority of the state attorney general to enforce antitrust laws applicable to banks, bank holding companies, or affiliates of those banks or bank holding companies.
[ 1996 c 2 § 18. Formerly RCW 30.38.080.]