Joyce Aston - Page 25

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          Fin. Code, secs. 400, 401, 1753 (1989).  Although BCCI, S.A.,               
          through its Los Angeles Agency office, was licensed to conduct              
          certain banking activities in California, it was organized and              
          chartered in Luxembourg.  Thus, petitioner's argument has no merit.         
               Petitioner's failure to establish that BCCI, S.A., its IOMB,           
          or its Los Angeles agency office was both "chartered and supervised         
          under Federal or State law" forecloses these institutions from              
          qualifying under subsection 165(l)(3)(D), without consideration of          
          the additional requirement that the qualifying entity be a "similar         
          institution."  Nevertheless, assuming arguendo BCCI, S.A., its              
          IOMB, or its Los Angeles agency office was both "chartered and              
          supervised under Federal or State law", we consider whether it was          
          also a "similar institution".                                               
               We interpret the term "similar institution" to mean an                 
          institution similar to those delineated pursuant to the provisions          
          of subsections 165(l)(3)(A) to (C).  The institutions described in          
          those provisions were organized and supervised under Federal or             
          State law, and/or insured customers' deposits under Federal or              
          State law.  But none of these factors apply to BCCI, S.A., its              
          IOMB, or its Los Angeles agency office, other than the Los Angeles          
          agency office's supervision by Federal and State authorities.               
          Moreover, satisfaction of the "supervision" element alone does not          








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