New Jersey § 17:12b-5

§ 17:12b-5.

The following words and phrases as used in this act, unless a different meaning is

plainly required by the context, shall have the following meaning: (1) “ State association ” shall mean any savings and loan association, building and loan association, or any

corporation, however named, now or hereafter operating pursuant to the provisions

of this act. (2) “ Federal association ” shall mean a savings and loan association organized pursuant to an Act of Congress

approved June 30, 1933, entitled “Home Owners' Loan Act of 1933” 1 or any subsequent Act of Congress. (3) “ Association ” shall mean a State association , a federal association having its principal office or a branch office in this State , and an out-of-State association having a branch office in this State . (4) “ Insured association ” shall mean an association whose savings members' accounts or savings deposits are

insured by the Federal Deposit Insurance Corporation. (5) “ Board ” shall mean the board of directors of any association. (6) “ Commissioner ” shall mean the Commissioner of Banking of the State of New Jersey, or such other

official as may hereafter be charged by State law with the supervision of State associations. (7) “ Member ” shall mean a person who holds an account or a savings deposit in a mutual association

as a savings member or as a borrowing member. (8) “ Savings member ” shall mean a member who holds an account or a savings deposit representing savings

in an association. (9) “ Borrowing member ” shall mean a member to whom money of the association is loaned or one who is the

owner of property upon which the association holds a mortgage. (10) “ Account ” shall mean the record of the financial transactions of a member or depositor as

shown on the books of the association. (11) “ Direct reduction loan ” shall mean a loan the principal of which is repayable in periodical installments. (12) “ Sinking fund loan ” shall mean a loan, the principal of which is contracted to be repaid with the participation

value of an installment account pledged as collateral security for the payment of

the loan. (13) “ Straight mortgage loan ” shall mean a loan, the principal of which is repayable upon a fixed day and upon

which no interim amortization is required. (14) “ Account loan ” shall mean a loan secured by the pledge of an account and the shares, if any, issued

in connection therewith. (15) “ Capital ” of a mutual State association shall mean the aggregate participation value of all

savings members' accounts. It shall not be limited and shall be accumulated only by payments by savings members,

plus dividends credited to their accounts. (16) “ Participation value ” of an account shall mean the amount paid by a savings member on such account, plus

dividends or interest credited thereto, less payments of withdrawals and retirements

therefrom and any other amounts lawfully deductible therefrom. (17) “ Withdrawal value ” of an account shall mean the participation value of such an account, at the time

application for withdrawal of the account is filed, less such part, if any, of the

dividends or interest then credited to such account as the association is authorized

to retain upon withdrawal. (18) “ Gross income ” shall have the meaning ascribed to it in section 6 of this act. 2 (19) “ Net income ” shall have the meaning ascribed to it in section 7 of this act. 3 (20) “ Federal Savings and Loan Insurance Corporation ” shall mean the corporation so named, organized pursuant to an Act of Congress, or

any federal corporation, instrumentality or agency which succeeds to the powers and

functions of the Federal Savings and Loan Insurance Corporation or undertakes to discharge

the purposes for which said corporation was created. (21) “ Federal Home Loan Bank Board ” shall mean the board so named, organized pursuant to an Act of Congress, or any

Federal corporation, instrumentality or agency which succeeds to the powers and functions

of the Federal Home Loan Bank Board, or which is formed to carry out the purposes

for which such board was created. (22) “ Change in the bylaws ” includes new bylaws and revisions, amendments, supplements and repealers of existing

bylaws. (23) “ Principal office, ” “ branch office ” and “ auxiliary office ” shall have the meanings ascribed to them in section 8 of this act. 4 (24) “ Agency ” shall have the meaning ascribed to it in section 9 of this act. 5 (25) “ Per capita assets ” shall have the meaning ascribed to it in section 10 of this act. 6 (26) “ Population. ” Where in this act the population of a municipality, a county, or the State is mentioned,

the population figure shall be the last current population estimate as furnished to

the commissioner by any official agency of the State or federal government. (27) “ Municipality. ” The word municipality shall include cities, towns, townships, villages and boroughs. (28) “ First lien ” shall have the meaning ascribed to it in section 11 of this act. 7 (29) “ Foreign association ” shall mean any association or corporation conducting the business of a savings and

loan association, however designated, except an association. (30) “ Department ” shall mean the Department of Banking of New Jersey. (31) “ Mutual association ” shall mean any State association organized pursuant to the provisions of this act

without capital stock. (32) “ Capital stock association ” shall have the meaning ascribed to it in section 15 of P.L.1974, c. 137 ( C.17:12B-244 ). (33) “ Capital stock ” shall have the meaning ascribed to it in section 15 of P.L.1974, c. 137 ( C.17:12B-244 ). (34) “ Stockholder ” shall have the meaning ascribed to it in section 15 of P.L.1974, c. 137 ( C.17:12B-244 ). (35) “ Secondary mortgage loan ” means a loan made to an individual, association, joint venture, partnership, limited

partnership association, or any other group of individuals however organized, except

a corporation, which is secured in whole or in part by a lien upon any interest in

real property created by a security agreement, including a mortgage, indenture, or

any other similar instrument or document, which real property is subject to one or

more prior mortgage liens and which is used as a dwelling, including a dual purpose

or combination type dwelling which is also used as a business or commercial establishment,

and has accommodations for not more than 6 families, except that a loan which: (a)

is to be repaid in 90 days or less; (b) is taken as security for a home repair contract

executed in accordance with the provisions of P.L.1960, c. 41 ( C.17:16C-62 et seq. ); or (c) is the result of the private sale of a dwelling if title to the dwelling

is in the name of the seller and the seller has resided in said dwelling for at least

one year if the buyer is purchasing said dwelling for his own residence and, as part

of the purchase price, executes a secondary mortgage in favor of the seller, shall

not be included within the definition of “secondary mortgage loan.” (36) “ Federal Deposit Insurance Corporation ” means the corporation so named, organized pursuant to an Act of Congress, or any

federal corporation, instrumentality or agency which succeeds to the powers and functions

of the Federal Deposit Insurance Corporation or undertakes to discharge the purposes

for which said corporation was created. (37) “ Home state ” with respect to an out-of-State association means the state by which the association

is chartered. “Home state” with respect to a federal association means the state in which the

principal office is located. (38) “ Out-of-State association ” means a savings and loan association or building and loan association insured by

the Federal Deposit Insurance Corporation and chartered under the laws of a state

other than New Jersey, but not a bank as defined in 12 U.S.C. § 1813(a)(2) . (39) “ State ” means any state of the United States, the District of Columbia, any territory of

the United States, Puerto Rico, Guam, American Samoa, the Trust Territory of the Pacific

Islands, the Virgin Islands and the Northern Mariana Islands. (40) “ Resulting association ” means a state or federally chartered association that has resulted from an interstate

merger transaction pursuant to P.L.1963, c. 144 ( C.17:12B-1 et seq. ). 1

12 U.S.C.A. § 1461 et seq. 2

N.J.S.A. § 17:12B-6. 3

N.J.S.A. § 17:12B-7. 4

N.J.S.A. § 17:12B-8. 5

N.J.S.A. § 17:12B-9. 6

N.J.S.A. § 17:12B-10. 7

N.J.S.A. § 17:12B-11.