such establishment and operation are at the time expressly authorized to State banks by the law of the State in question; and (2) at any point within the State in which said association is situated, if such establishment and operation are at the time authorized to State banks by the statute law of the State in question by language specifically granting such authority affirmatively and not merely by implication or recognition, and subject to the restrictions as to location imposed by the law of the State on State banks.
Despite the fact that state laws govern how a bank may enter or branch within a state, federal law controls the definition of a "branch." Under the McFadden Act, a "branch" is any branch office, branch agency, additional office, or any branch place of business where "deposits are received, or checks paid, or money lent." This is a very broad definition and courts have been forced to interpret various situations which have arisen over the years. The Supreme Court has said that the definition consti
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