| (a) Calculation date. For purposes of determining compliance
with Finance Code, §34.201, and this subchapter, a state bank
shall determine its lending limit as of the most recent of the following
dates:
(1) the last day of the preceding calendar quarter;
or
(2) the date on which there is a change in the bank's
capital category for purposes of 12 U.S.C. §1831o and 12 C.F.R. §324.402
(or 12 C.F.R. §324.402 in the case of a bank that is a member
of the Federal Reserve System).
(b) Effective date.
(1) A bank's lending limit calculated in accordance
with subsection (a)(1) of this section is effective as of the earlier
of the following dates:
(A) the date on which the bank's call report is submitted;
or
(B) the date on which the bank's call report is required
to be submitted under applicable federal law.
(2) A bank's lending limit calculated in accordance
with subsection (a)(2) of this section is effective on the date that
the limit is required to be calculated.
(c) More frequent calculations. The banking commissioner
may permit a state bank to recalculate its lending limit at a point
during a quarter based on a material change in a bank's capital arising
from corporate activities, such as a merger or stock issuance. For
safety and soundness reasons, the banking commissioner may provide
written notice to a state bank directing the bank to calculate its
lending limit at a more frequent interval than required by subsection
(a) of this section, and the bank shall thereafter calculate its lending
limit at that interval until further notice.
|
