- 25 - 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 notPage: 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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