Section 5

Act 191 of 1990, § 5, under BANKING CODE OF 1965 - OMNIBUS AMENDMENTS.

Act 191 of 1990, § 5

Section 5. Section 311(d) of the act, amended December 21, 1988 (P.L.1416, No.173), is amended to read:

Section 311. Transactions With Respect to Shares of Corporate

Stock and Capital Securities

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(d) Ownership--An institution may acquire and hold:

(i) shares of stock of a Federal Reserve Bank, without

limitation of amount;

(ii) shares of stock of:

(A) the Federal National Mortgage Association, the

Government National Mortgage Association, the Federal

Home Loan Mortgage Corporation, the Student Loan

Marketing Association, a corporation authorized to be

created pursuant to Title IX of the Housing and Urban

Development Act of 1968 or any other such corporations or

agencies as may from time to time be approved by the

department,

(B) a bank, a bank and trust company or a trust

company subject to this act, a national bank located in

Pennsylvania or a Pennsylvania bank holding company--to

the extent of ten percent of the sum of the par value of

the issued and outstanding shares of any such issuer,

and, for purposes of this limitation, the shares owned by

all the affiliates of a Pennsylvania bank holding company

shall be aggregated to determine whether the ten percent

limitation is reached,

(B.1) a subsidiary corporation engaged in the

functions or activities that an institution is authorized

to carry on, if the shares are acquired with the prior

written approval of, and in accordance with the terms and

conditions of transfer prescribed by, the department, or

(C) a corporation organized under the laws of the

United States or of any state or any foreign country and

principally engaged, directly or indirectly, in

international or foreign banking or financial operations

or in banking or financial operations in a dependency, or

insular possession of the United States or in the

Commonwealth of Puerto Rico, if the shares are acquired

with the prior written approval of, and in accordance

with the terms and conditions prescribed by, the

department in an amount the cost of which to the

institution for the shares of any such association or

corporation so acquired or held is not in excess of ten

percent of the aggregate of the capital, surplus and

capital securities of the institution and in the case of

shares covered by clause (B) of this subsection (d)(ii),

in an amount the cost of which to the institution for the

shares of all such issuers so acquired or held is not in

excess of the lesser of ten percent of the total assets

of the institution or one hundred percent of the

aggregate of the capital, surplus and capital securities

of the institution;

(iii) shares of stock of small business investment

companies organized pursuant to the Small Business Investment

Act, in an amount the cost of which is not in excess of one

percent of the aggregate of the capital, surplus and capital

securities of the institution;

(iv) in the case of a bank and trust company, shares of

stock of a corporation organized under the laws of the

Commonwealth for the purpose of conducting a title insurance

business to which the institution has transferred the assets

of its title insurance business, in an amount:

(A) the cost of which is not in excess of the lesser

of (1) ten percent of the aggregate of the capital,

surplus and capital securities of the institution or (2)

double the minimum amount of capital and paid-in surplus

required for the incorporation of such corporation, or

(B) with the prior approval of the department, the

cost of which is not in excess of fifteen percent of the

aggregate of the capital, surplus and capital securities

of the institution;

(v) shares of stock of business development credit

corporations to the extent provided by the Business

Development Credit Corporation Law;

(vi) shares of stock of a corporation organized to

promote the public welfare and community development, expand

the economy or provide for social reform, subject to

regulation by the department;

(vii) shares of stock of a clearing corporation as

defined in Article 8 of the Uniform Commercial Code;

(viii) shares of stock of a stock savings bank located

in Pennsylvania;

(ix) shares of stock of a corporation engaged

exclusively in activities not prohibited by this act, which

shares have been held continuously since November 30, 1965;

[and]

(x) shares of stock of a savings association, a Federal

savings and loan association or a Federal savings bank,

located in Pennsylvania, provided that an institution may

hold no more than ten percent of the outstanding shares of

the common stock of such savings association, Federal savings

and loan association or Federal savings bank[.]; and

(xi) shares of stock of a Federal Home Loan Bank,

without limitation of amount.

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