1. There is a rebuttable presumption that a company which directly or indirectly owns, controls or has the power to vote less than 10 percent of the voting stock of, or members interests in, a bank does not control the bank. 2. An estate, trust, guardianship or conservatorship is not by virtue of its ownership or control of stock of, or members interests in, a bank, a bank holding company unless it is: (a) A business trust; or (b) A voting trust which by its terms or by law does not expire within 10 years after the date of its establishment. 3. A company is not a bank holding company by virtue of its ownership or control of stock or a members interest which: (a) Was acquired in the ordinary course of securing or collecting a debt which the company previously contracted in good faith; and (b) Is held only as long as is necessary to sell the stock on a reasonable basis.
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