| (a) Authority. An application under this subchapter
is subject to an investigation as considered necessary, in the banking
commissioner's sole discretion, in order to make an informed decision
regarding an application.
(b) Costs and fees. An applicant under this subchapter
must pay reasonable costs incurred in the investigation including
the cost of a required examination, as provided by §3.36(h) of
this title (relating to Annual Assessments and Specialty Examination
Fees) and §15.2(e) of this title (relating to Filing and Investigation
Fees).
(c) Examinations. The banking commissioner may consider
these factors in determining whether to require an examination of
one or more of the entities to the transaction:
(1) a question exists regarding the solvency or potential
solvency of the applicant or one or more of the financial institutions
or other entities involved in the proposed transaction;
(2) a financial institution involved in the transaction
has not been examined by a state, federal, or foreign regulatory agency
within the 18 month period immediately preceding the date of submission
of the application;
(3) a financial institution involved in the proposed
transaction has numerous substantive violations cited in its last
examination report, or has a less than satisfactory regulatory rating;
(4) a question exists regarding the experience, ability,
standing, trustworthiness, or integrity of the existing or proposed
officers, directors, managers or managing participants of a party
involved in the proposed transaction;
(5) a question exists whether a resulting state bank
will operate in compliance with the law;
(6) a question exists whether a resulting state bank
will be free from improper or unlawful influence or interference from
its principal shareholders with respect to operation in compliance
with the law;
(7) a question exists whether a resulting state bank
will have adequate capitalization;
(8) one or more of the parties to the transaction is
under a regulatory restriction; or
(9) other factors as determined in the sole discretion
of the banking commissioner.
|
| Source Note: The provisions of this §15.111 adopted to be effective September 15, 1997, 22 TexReg 8948; amended to be effective January 7, 2004, 29 TexReg 80; amended to be effective January 2, 2020, 44 TexReg 8232 |
