(a) A banking institution or an out-of-state bank may establish a branch in this State by: (1) Subject to subsection (b) of this section, opening a de novo branch; (2) Purchasing an existing branch from a bank or an insured depository institution; or (3) Converting former headquarters or retaining former branches following: (i) The purchase of all or substantially all of the assets of a bank or an insured depository institution; or (ii) A merger or a consolidation with a bank or an insured depository institution. (b) An out-of-state bank may establish a de novo branch in this State under subsection (a)(1) of this section only if the home state of the out-of-state bank allows a banking institution to open a de novo branch in its state. (c) A banking institution or an out-of-state bank may not establish or maintain a branch in this State on the premises or property of an affiliate if the affiliate engages in commercial activities.
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