(a) Types of fees. Subsection (b) of this section contains
filing fees for specified applications and notices filed with the
department, and subsection (c) of this section requires a fee for
protesting an application. These fees are due at the time of filing
the application or protest. Subsection (d) of this section requires
an investigation fee to be paid in certain cases once an application
has been accepted by the department for filing, and in other cases
may require payment of investigative costs upon written request of
the department. Pursuant to subsection (e) of this section, an applicant
may seek waiver or reduction of required fees.
(b) Filing fees. Simultaneously with a submitted application
or notice, an applicant shall pay to the department:
(1) $15,000 for an application for bank charter pursuant
to Finance Code, §32.003, provided that the department will not
require a filing fee for an application for a bank charter to be located
in a low or moderate income area and where no other depository institution
operates a branch or home office;
(2) a fee for an application for conversion to a state
bank charter pursuant to Finance Code, §32.502, and §15.108
of this title (relating to Conversion of a Financial Institution into
a State Bank), based on total assets as follows, except that the listed
fee may be reduced by 50% if the application is eligible for expedited
treatment pursuant to §15.103 of this title (relating to Expedited
Filings):
(A) $5,000 for an applicant with total assets of less
than $100 million;
(B) $10,000 for an applicant with total assets of $100
million or more but less than $500 million;
(C) $15,000 for an applicant with total assets of $500
million or more but less than $1 billion; or
(D) $25,000 for an applicant with total assets of more
than $1 billion;
(3) a fee for an application to authorize a merger
or share exchange (including an interstate transaction) pursuant to
Finance Code, §32.302, and §15.104 of this title (relating
to Application for Merger or Share Exchange), based on total combined
assets as follows:
(A) $7,500 for a merger or share exchange with combined
assets of less than $1 billion, or $4,000 if the application is eligible
for expedited treatment pursuant to §15.103 of this title; or
(B) $15,000 for a merger or share exchange with combined
assets of $1 billion or more, or $7,500 if the application is eligible
for expedited treatment pursuant to §15.103 of this title;
(4) $2,000 for each request to authorize an additional
merger if more than one affiliated merger is to occur simultaneously;
(5) $5,000 for an application to authorize a purchase
of assets exceeding three times the amount of the bank's unimpaired
capital and surplus (including an interstate transaction) pursuant
to Finance Code, §32.401, and §15.105 of this title (relating
to Application for Authority to Purchase Assets of Another Financial
Institution), or $2,500 if the application is eligible for expedited
treatment pursuant to §15.103 of this title;
(6) $2,500 for an application to authorize the sale
of assets exceeding three times the amount of unimpaired capital and
surplus (including an interstate transaction) pursuant to Finance
Code, §32.405, and §15.106 of this title (relating to Application
for Authority to Sell Assets);
(7) $2,000 for an application to establish a branch
office (including an interstate transaction) pursuant to Finance Code, §32.203,
and §15.42 of this title (relating to Establishment and Closing
of a Branch Office), or $1,000 if the application is eligible for
expedited treatment pursuant to §15.3 of this title (relating
to Expedited Filings), provided that the department will not require
a filing fee for an application for a new branch office to be located
in a low or moderate income area and where no other depository institution
operates a branch or home office;
(8) $200 for a notice of branch relocation pursuant
to §15.42(j) of this title;
(9) $1,000 for a subsidiary notice letter pursuant
to Finance Code, §34.103, plus an amount up to an additional
$3,500 if the banking commissioner notifies the applicant that additional
information and analysis is required;
(10) $10,000 for an application regarding acquisition
of control pursuant to Finance Code, §33.002, and §15.81
of this title (relating to Application for Acquisition or Change of
Control of State Bank), or $5,000 if the applicant has previously
been approved to control another state bank and no material changes
in the applicant's circumstances have occurred since the prior approval;
(11) $500 for a notice to change the home office to
an existing branch office while retaining the existing home office
as a branch office pursuant to Finance Code, §32.202, and §15.41(a)
of this title (relating to Written Notice or Application for Change
of Home Office);
(12) $2,000 for an application to relocate the home
office pursuant to Finance Code, §32.202, and §15.41(b)
of this title, or $1,000 if the application is eligible for expedited
treatment pursuant to §15.3 of this title, provided that the
fee is $5,000 for an application to relocate the home office of a
to-be-acquired charter without significant business activities;
(13) $500 for a notice regarding establishment of an
office pursuant to §3.91 of this title (relating to Loan Production
Offices), or §3.93 of this title (relating to Deposit Production
Offices);
(14) $5,000 for an application for a foreign bank branch
or agency license pursuant to Finance Code, §204.101, and §3.41(a)
of this title (relating to Applications, Notices and Reports Related
to Foreign Bank Branches and Agencies);
(15) $1,000 for the statement of registration of a
foreign bank representative office pursuant to Finance Code, §204.201,
and §3.44(b) of this title (relating to Statements of Registration,
Notices and Filings Related to Foreign Bank Representative Offices);
(16) $300 for an application to amend a bank charter
(certificate of formation) pursuant to Finance Code, §32.101;
(17) $2,500 for an application to authorize a reverse
stock split subject to the substantive provisions of §15.122
of this title (relating to Amendment of Certificate to Effect a Reverse
Stock Split);
(18) $2,000 for filing a copy of an application to
acquire a bank or bank holding company pursuant to Finance Code, §202.001;
(19) $1,000 for filing a copy of an application to
acquire a nonbank entity pursuant to Finance Code, §202.004;
(20) $100 for a request for a "no objection" letter
to use a name containing a term listed in Finance Code, §31.005;
(21) $1,000 for an application to authorize acquisition
of treasury stock pursuant to Finance Code, §34.102, and §15.121
of this title (relating to Acquisition and Retention of Shares as
Treasury Stock);
(22) $1,000 for a request to authorize an increase
or reduction in capital and surplus pursuant to Finance Code, §32.103;
and
(23) $500 for an application for release from a final
removal or prohibition order pursuant to Finance Code, §35.0071.
(c) Filing fee for protest. A person or entity filing
a protest to the application of another person or entity shall pay
a fee of $2,500 simultaneously with such protest filing. The purpose
of the fee required under this subsection is to partially offset the
department's increased cost of processing and reduce the costs incurred
by the applicant resulting solely from the protest.
(d) Investigative fees and costs. An applicant for
a bank charter or conversion to a state bank shall pay an investigation
fee of $10,000 once the application has been accepted for filing.
If required by the banking commissioner, an applicant under another
type of application or filing listed in subsection (b) of this section
shall pay the reasonable investigative costs of the department incurred
in any investigation, review, or examination considered appropriate
by the department, calculated as provided by §3.36(h) of this
title (relating to Annual Assessments and Specialty Examination Fees).
Such investigation fee or costs must be paid by the applicant upon
written request of the department. Failure to timely pay the investigation
fee or a bill for investigative costs constitutes grounds for denial
of the submitted or accepted filing.
(e) Reduction or waiver of fees. Fees paid are nonrefundable
and the banking commissioner shall charge fees on a consistent and
nondiscriminatory basis. However, in the exercise of discretion,
the banking commissioner may reduce, waive, or refund all or part
of a filing fee, investigation fee, or bill for investigative costs
if the banking commissioner concludes that:
(1) the application demonstrates that the fee creates
an unreasonable hardship on the applicant; or
(2) the nature of the application will result in substantially
reduced processing time compared to normal expectations for an application
of that type.
(f) Severability. If any fee or cost recovery set forth
in this section is finally determined by a court of competent jurisdiction
to be invalid, that fee or cost recovery shall be severed from this
section and the remainder of this section shall remain fully enforceable.
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Source Note: The provisions of this §15.2 adopted to be effective January 5, 1996, 20 TexReg 10999; amended to be effective November 13, 1997, 22 TexReg 10955; amended to be effective March 12, 1998, 23 TexReg 2287; amended to be effective November 12, 2003, 28 TexReg 9825; amended to be effective March 8, 2012, 37 TexReg 1497; amended to be effective November 8, 2012, 37 TexReg 8779; amended to be effective January 2, 2014, 38 TexReg 9482; amended to be effective May 5, 2016, 41 TexReg 3099; amended to be effective January 2, 2020, 44 TexReg 8232 |