- 24 - 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).Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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