108 STAT. 2346 PUBLIC LAW 103-328—SEPT. 29, 1994 order, the percentage of the total amount of deposits of insured depository institutions in the State which may be held or controlled by any bank or bank holding company (including all insured depository institutions which are affiliates of the bank or bank holding company) to the extent the application of such limitation does not discriminate against out-of-State banks, out-of-State bank holding companies, or subsidiaries of such banks or holding companies. "(D) EXCEPTIONS TO SUBPARAGRAPH (B).— The responsible agency may approve an application for an interstate merger transaction pursuant to subsection (a) without regard to the applicability of subparagraph (B) with respect to any State if— "(i) there is a limitation described in subparagraph (C) in a State statute, regulation, or order which has the effect of permitting a bank or bank holding company (including all insured depository institutions which are affiliates of the bank or bank holding company) to control a greater percentage of total deposits of all insured depository institutions in the State than the percentage permitted under subparagraph (B); or "(ii) the transaction is approved by the appropriate State bank supervisor of such State and the standard on which such approval is based does not have the effect of discriminating against out-of-State banks, outof-State bank holding companies, or subsidiaries of such banks or holding companies. "(E) EXCEPTION FOR CERTAIN BANKS.This paragraph shall not apply with respect to any interstate merger transaction involving only affiliated banks. " (3) COMMUNITY REINVESTMENT COMPLIANCE. — In determining whether to approve an application for an interstate merger transaction in which the resulting bank would have a branch or bank Eiffiliate immediately following the transaction in any State in which the bank submitting the application (as the acquiring bank) had no branch or bank siffiliate immediately before the transaction, the responsible agency shall— "(A) comply with the responsibilities of the agency regarding such application under section 804 of the Community Reinvestment Act of 1977; "(B) take into account the most recent written evaluation under section 804 of the Community Reinvestment Act of 1977 of any bank which would be an affiliate of the resulting bank; and "(C) take into account the record of compliance of any applicant bank with applicable State community reinvestment laws. "(4) ADEQUACY OF CAPITAL AND MANAGEMENT SKILLS.— The responsible agency may approve an application for an interstate merger transaction pursuant to subsection (a) only if— "(A) each bank involved in the transaction is adequately capitalized as of the date the application is filed; and "(B) the responsible agency determines that the resulting bank will continue to be adequately capitalized and
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