124 STAT. 1635 PUBLIC LAW 111–203—JULY 21, 2010 ‘‘(ii) the applicant (including all insured depository institutions which are affiliates of the applicant) con- trols, or upon consummation of the transaction would control, more than 10 percent of the total amount of deposits of insured depository institutions in the United States. ‘‘(B) EXCEPTION.—Subparagraph (A) shall not apply to an acquisition that involves an insured depository institution in default or in danger of default, or with respect to which the Federal Deposit Insurance Corporation pro- vides assistance under section 13 of the Federal Deposit Insurance Act (12 U.S.C. 1823).’’; and (B) in subsection (k)(6)(B), by striking ‘‘savings associa- tion’’ and inserting ‘‘insured depository institution’’. (2) DEFINITIONS.—Section 2(o)(4) of the Bank Holding Com- pany Act of 1956 (12 U.S.C. 1841(o)(4)) is amended— (A) in subparagraph (B), by striking ‘‘and’’ at the end; (B) in subparagraph (C)(ii), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: ‘‘(D) with respect to a State savings association, the State by which the savings association is chartered; and ‘‘(E) with respect to a Federal savings association, the State in which the home office (as defined by the regula- tions of the Director of the Office of Thrift Supervision, or, on and after the transfer date, the Comptroller of the Currency) of the Federal savings association is located.’’. (c) ACQUISITIONS BY SAVINGS AND LOAN HOLDING COMPANIES.— Section 10(e)(2) of the Home Owners’ Loan Act (12 U.S.C. 1467a(e)(2)) is amended— (1) in paragraph (2)— (A) in subparagraph (C), by striking ‘‘or’’ at the end; (B) in subparagraph (D), by striking the period at the end and inserting ‘‘, or’’; and (C) by adding at the end the following: ‘‘(E) in the case of an application by a savings and loan holding company to acquire an insured depository institution, if— ‘‘(i) the home State of the insured depository institution is a State other than the home State of the savings and loan holding company; ‘‘(ii) the applicant (including all insured depository institutions which are affiliates of the applicant) con- trols, or upon consummation of the transaction would control, more than 10 percent of the total amount of deposits of insured depository institutions in the United States; and ‘‘(iii) the acquisition does not involve an insured depository institution in default or in danger of default, or with respect to which the Federal Deposit Insurance Corporation provides assistance under section 13 of the Federal Deposit Insurance Act (12 U.S.C. 1823).’’; and (2) by adding at the end the following: ‘‘(7) DEFINITIONS.—For purposes of paragraph (2)(E)— ‘‘(A) the terms ‘default’, ‘in danger of default’, and ‘insured depository institution’ have the same meanings
