Ch. 213                                    1995 LAWS OF MARYLAND

(B) THE BRANCH FEE SHALL NOT APPLY TO A BRANCH THAT IS ACQUIRED BY
A BANKING INSTITUTION THROUGH A MERGER OR CONSOLIDATION WITH, OR
TRANSFER TO THE BANKING INSTITUTION OF ALL OR SUBSTANTIALLY ALL OF THE
ASSETS OF, A BANK OR AN INSURED DEPOSITORY INSTITUTION.

5-1006.

IN DECIDING WHETHER TO APPROVE A BRANCH OF A BANKING INSTITUTION,
THE COMMISSIONER SHALL CONSIDER:

(1) IF THE BRANCH IS TO BE ESTABLISHED IN THIS STATE, WHETHER
THE ESTABLISHMENT OF THE BRANCH WILL PROMOTE THE PUBLIC CONVENIENCE:

(2) WHETHER THE APPLICANT HAS SUFFICIENT CAPITAL TO SUPPORT
THE BRANCH; AND

(3) WHETHER THE APPLICANT IS GENERALLY OPERATING IN
COMPLIANCE WITH THE PROVISIONS OF THIS ARTICLE.

5-1007.

(A) THE COMMISSIONER SHALL DECIDE WHETHER TO APPROVE THE
ESTABLISHMENT OF A BRANCH OF A BANKING INSTITUTION WITHIN 30 DAYS OF
RECEIPT OF THE NOTICE SPECIFIED IN § 5-1005 OF THIS SUBTITLE.

(B) A BRANCH SHALL BE DEEMED APPROVED IF THE COMMISSIONER TAKES
NO ACTION ON THE NOTICE WITHIN THE TIME LIMIT SPECIFIED IN THIS SECTION.

5 1005.5-1008.

(A)    A BANKING INSTITUTION THAT ESTABLISHES A BRANCH IN ANOTHER
STATE MAY EXERCISE AT THAT BRANCH ALL POWERS AND RIGHTS PERMITTED TO
BANKS IN THAT STATE UNLESS THE BANK COMMISSIONER DETERMINES THAT THE
EXERCISE OF A POWER OR RIGHT WOULD THREATEN THE SAFETY AND SOUNDNESS
OF THE OTHER STATE BANK BANKING INSTITUTION.

(B)     AN OTHER-STATE BANK THAT ESTABLISHES A BRANCH IN THIS STATE
MAY EXERCISE AT THE BRANCH ALL POWERS AND RIGHTS PERMITTED TO BANKING
INSTITUTIONS IN THIS STATE NOTWITHSTANDING ANY OTHER LAW OF THIS STATE TO
THE CONTRARY. UNLESS THAT BANK'S HOME STATE REGULATOR DETERMINES THAT
THE EXERCISE OF A POWER OR RIGHT WOULD THREATEN THE SAFETY AND
SOUNDNESS OF THE OTHER-STATE BANK.

(C) ANY PERSON AUTHORIZED BY A LAW OF THIS STATE TO ENGAGE IN BUSINESS
WITH BANKS LOCATED IN THIS STATE, INCLUDING THE MAKING OF DEPOSITS, IS
AUTHORIZED TO ENGAGE IN THE SAME BUSINESS WITH AN OTHER-STATE BANK AT
THAT OTHER-STATE BANK'S BRANCH IN THIS STATE.

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