Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,846
6819-7008 p. ; 28 cm.View a full description of this periodical.
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to Finance Code, 32.405, and 15.106 of this title (relating to Appli-
cation for Authority to Sell Assets);
(7) - (23) (No change.)
(c) - (f) (No change.)
15.3. Expedited Filings.
(a) An eligible bank may file an expedited filing according to
forms and instructions provided by the department solely for the fol-
lowing matters:
(1) a branch application pursuant to Finance Code,
32.203, and 15.42 of this title (relating to Establishment and Closing
of a Branch Office [Facility]);
(2) branch relocations less than one mile with no abandon-
ment of the community pursuant to the Finance Code, 32.203(b), and
15.42 of this title [(reating to Establishing and osing of a Braneh
Office)]; and
(3) (No change.)
(b) - (d) (No change.)
(e) Unless the applicant is otherwise notified by the depart-
ment, an expedited filing is approved on the 15th day after the later
of the date the application is complete and accepted for filing, or ex-
piration of the period for filing a comment, protest, response or reply,
whichever is the last to occur, unless a protest is filed. If a protest is
filed, the application will be processed under 15.41 or 15.42 of this
title [(relating to Written Notice or Applications for Change of Home
Offie) or ~-1542], whichever is applicable.
15.5. Public Notice.
(a) General. A person or entity required or authorized to file
public notice, including a person or entity requesting authorization for
a merger, purchase of assets, a conversion, an applicant for a foreign
bank agency, or another application requiring public notice, shall pub-
lish notice in a newspaper of general circulation in its specified commu-
nity or in an alternative form of publication acceptable to the banking
commissioner and in such other locations as may be required by the
banking commissioner.
(b) - (e) (No change.)
15. 7. Submission of Reproductions.
(a) Scope. This section governs submission of specified forms
of copies of original documents to the Texas Department of Banking
(the department) for processing by the corporate activities division of
the department pursuant to this chapter, and does not permit, prohibit,
or affect correspondence with or documents submitted to the depart-
ment for another purpose, including:
(1) (No change.)
(2) documents submitted to the department as required or
permitted by Government Code, Chapter 2001, and Chapter chapterr] 9
of this title (relating to Rules of Procedure for Contested Case Hearings,
Appeals, and Rulemakings [Rulemaking]).
(b)- (g) (No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on August 17, 2012.
TRD-201204337A. Kaylene Ray
General Counsel
Texas Department of Banking
Proposed date of adoption: October 19, 2012
For further information, please call: (512) 475-1300
SUBCHAPTER C. BANK OFFICES
7 TAC 15.41, 15.42
The amendments are proposed under Finance Code, 31.003,
which authorizes the Finance Commission to adopt banking
rules.
Finance Code, 32.202 and 32.203, are affected by the pro-
posed amendments.
15.41. Written Notice or Application for Change of Home Office.
(a) (No change.)
(b) Relocation by application.
(1) A state bank relocating its home office must file an ap-
plication setting forth the information required by subsection (c) of this
section, accompanied by the required filing fee pursuant to 15.2 of this
title [(relating to Filing Fees and Cost Deposits)] if it is a relocation pur-
suant to:
(A) - (B) (No change.)
(2) An eligible bank may file an expedited application pur-
suant to 15.3 of this title (relating to Expedited Filings [Filing]).
(3) - (5) (No change.)
(c) (No change.)
(d) Public notice.
(1) (No change.)
(2) The notice must contain the content required by
15.5(b) of this title [(relating to Public Notice)], the current home
office address, and the proposed home office address.
(e) Public comment and protest. For 14 days after publica-
tion of the notice or longer if the banking commissioner allows more
time for good cause shown, the public may submit written comments or
protests regarding an application under subsection (b) of this section.
There is no fee or cost for submitting a comment, but persons comment-
ing are not entitled to further notice of or participation in the proceed-
ings. In the event of a properly filed protest, each protesting party has
the rights and responsibilities of a protesting party to a branch applica-
tion under 15.42 of this title [(relating to Establishment and Glosing
of a Braneh Office)].
(f) (No change.)
15.42. Establishment and Closing of a Branch Office.
(a) Forms. If a state bank wants to establish and operate a
branch office in this state or an interstate branch office pursuant to Fi-
nance Code, 32.203 and 203.001(a), then a branch application must
be completed and filed on forms prescribed by the department. An
application for an interstate branch must also provide information re-
garding applicable host state law and evidence of compliance with the
law. Eligible banks may file an expedited application pursuant to 15.3
of this title (relating to Expedited Filings [Filing]).
(b) (No change.)
(c) Public notice.37 TexReg 6846 August 31, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012, periodical, August 31, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth253227/m1/28/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.