1. (a) A place at which a subject institution transacts business does not on that account constitute a place of business of such subject institution unless the subject institution transacts business with the public at such place. Accordingly, a place at which a subject institution engages only in one or more of the following activities does not on that account constitute a place of business of such subject institution:

   1. (1) Place at which the subject institution stores records.
   2. (2) Place at which the subject institution performs clerical, bookkeeping, accounting, statistical, electronic data processing, or similar services directly only for itself, and not for other persons except indirectly through offices of the subject institution or otherwise. However, a place at which a subject institution performs such services for persons other than itself and at which such subject institution transacts business directly with such persons (for example, by receiving documents from such persons, delivering documents to such persons, or meeting with such persons, at such place) does constitute a place of business.
2. (b) A foreign office of a representative of a subject institution does not constitute a place of business of such subject institution.

For purposes of the Banking Law and this Chapter: