2 A possessory or ownership interest in the particular facility, the CBCT would not seem to be a branch bank as understood by the court. A transactional fee is not the substantive equivalent of rent. The term “rent” used in context with its companion term "own" connotes payment for an interest in real or personal property, not payment for the performance of elecrtronic bank services. For example, a bank does not pay for the services provided by a brick and mortar branch, it pays for the right to take possession of and use that building as bank premises. On the other hand, the payment of transactional fees, pursuant to the enclosed service and sharing agreements, creates no such ownership or necessary interest in the machine for the accessing bank. Only the right to receive certain electronic services is vested in the bank. Accordingly, it is clear that the facilities in question will not be established (i.e., owned or rented) by the affiliated national bank[s]”. Very truly yours RICHARD V. FITZGERALD Sharing Between States Prohibited (N.B. Prior law limited location of RSUS to anywhere in Kansas: 1984 law has eliminated "Kansas" leaving the location as an ambiguous "wherever," effective 7/1/84) ATM INTERCHANGE State Sharing within State Branching bank's principal to ATMs) requirements do not apply to the establishment of electronic facilities. Iowa Mandatory sharing between 1) Satellite devices are not branches 2) Geographic restric tions are placed on their deployment Kansas 1) Mandatory sharing of off-premise RSUS bet- banks off-premise RSUS 1) RSUS are not branches 2) They may be located anywhere Kentucky 1) RSUS are not branches to geographic 1) Permissive sharing bet ween state or federal outside of the county ween state banks, S&LS Louisiana Sharing is permitted if it 1) ATMs are branches ject to geographic restrictions |
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