Joyce Aston - Page 24

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          issue 58 F.2d 57 (10th Cir. 1932)12; Black's Law Dictionary 236 (6th        
          ed. 1990).                                                                  
               The charter of a bank is granted by the jurisdiction in which          
          the bank is created.  When a bank seeks to directly do business in          
          a foreign jurisdiction (whether another State or country), it               
          receives a license to conduct business in the foreign jurisdiction.         
          It does not receive a charter.  Clearly, neither BCCI, S.A. nor its         
          IOMB was chartered under Federal or State law.                              
               Petitioner contends, however, that the Los Angeles agency              
          office of BCCI, S.A. was chartered in California. Petitioner                
          observes that BCCI, S.A. filed an application to do business in             
          California, and argues that the application "presumably" included           
          a copy of its charter.                                                      
               Under California law, a foreign bank does not derive its               
          existence and general authority to operate from California.  The            
          foreign bank is merely licensed13 by the State to exercise some of          
          the authority granted by the bank's original charter.  See Cal.             

               12   Similarly, Rev. Rul. 90-54, 1990-2 C.B. 270, 271, which           
          considered the difference between a bank and savings association,           
          stated that "the charter is the source of an institution's                  
          existence and its right to conduct business."                               

               13   A "license" is the permission to do or carry on some              
          trade or business which would otherwise be unlawful.  Black's Law           
          Dictionary 920 (6th ed. 1990).                                              







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