| (a) Relocation by notice. Unless an application under
subsection (b) of this section is required, a state bank may change
its home office to one of its previously established branches pursuant
to the Finance Code, §32.202(b), by filing a written notice containing
the information required by subsection (c) of this section, accompanied
by the filing fee required by §15.2 of this title (relating to
Filing and Investigation Fees). A bank may relocate its home office
immediately after the required notice and fee has been acknowledged
in writing as complete and accepted for filing by the banking commissioner.
An application under subsection (b) of this section is required if
the proposed home office relocation:
(1) will result in an abandonment of all or part of
the community served by the bank's present home office location; or
(2) is anticipated to result in a reduction in banking
services presently offered by the bank at its present home office
location within the 18 month period after the effective date of the
relocation.
(b) Relocation by application.
(1) A state bank relocating its home office must file
an application setting forth the information required by subsection
(c) of this section, accompanied by the required filing fee pursuant
to §15.2 of this title if it is a relocation pursuant to:
(A) the Finance Code, §32.202(b) and subsection
(a) of this section does not apply; or
(B) the Finance Code, §32.202(c).
(2) An eligible bank may file an expedited application
pursuant to §15.3 of this title (relating to Expedited Filings).
(3) On or before the 15th day after initial submission
of an application, the banking commissioner will issue the written
notice required by §15.4(b) of this title (relating to Required
Information and Abandoned Filings).
(4) Except as otherwise provided in this section and
to the extent applicable, the banking commissioner will evaluate an
application under this subsection in light of the Finance Code, §32.202(d),
and apply the criteria applicable to an application for a branch office
under §15.42(e) of this title (relating to Establishment and
Closing of a Branch Office).
(5) An applicant under this subsection may not relocate
its home office without the prior written approval of the banking
commissioner.
(c) Contents of notice or application. The notice filed
under subsection (a) of this section or the application submitted
under subsection (b) of this section must disclose:
(1) the name of the bank requesting the home office
relocation;
(2) the street address of the bank's home office before
the requested home office relocation;
(3) the street address of the bank's proposed home
office;
(4) the effective date of the home office relocation
under subsection (a) of this section, or the requested effective date
for a proposed home office relocation under subsection (b) of this
section;
(5) a copy of the resolution adopted by the bank's
board of directors authorizing the proposed home office relocation;
(6) a written statement signed by the principal executive
officer of the bank or a majority of the bank's board of directors
stating whether or not the proposed home office relocation will result
in an abandonment of all or part of the community served by the bank's
present home office location and, if so, an explanation of how the
abandonment promotes the public convenience and advantage;
(7) a written statement signed by the principal executive
officer of the bank or a majority of the bank's board of directors
stating whether or not, within the 18 month period after the proposed
effective date of the relocation, a reduction in banking services
presently offered by the bank at its present home office location
is anticipated and, if so, an explanation of:
(A) the anticipated reduction in banking services;
and
(B) how:
(i) the diminution in services is consistent with the
original determination of public necessity for the establishment of
the bank at its existing location; or
(ii) the public convenience and advantage would be
promoted by the home office relocation;
(8) a description of any actual, proposed, or contemplated
financial involvement in the home office relocation by an officer,
director, manager, managing participant, or principal shareholder
or participant of the state bank;
(9) evidence that the bank has considered the applicability
of federal law governing main office or branch closing or relocation,
such as 12 United States Code, §1828(d)(1), and regulations and
policy statements issued thereunder; and
(10) other information as the banking commissioner
may require.
(d) Public notice.
(1) Within 14 days prior to or 14 days after the initial
submission of a written application under subsection (b) of this section,
the applicant must publish notice of the submission, as required by §15.5
of this title (relating to Public Notice). Notice must be published
in the community where the current home office of the bank is located
and in the community of the proposed home office.
(2) The notice must contain the content required by §15.5(b)
of this title, the current home office address, and the proposed home
office address.
(e) Public comment and protest. For 14 days after publication
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 commenting
are not entitled to further notice of or participation in the proceedings.
In the event of a properly filed protest, each protesting party has
the rights and responsibilities of a protesting party to a branch
application under §15.42 of this title.
(f) Certificate of Formation. An amendment to the certificate
of formation of the state bank is not required to effect a change
in the location of its home office. However, if the certificate of
formation is subsequently amended or restated, the resulting certificate
of formation must include the bank's current home office address.
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| Source Note: The provisions of this §15.41 adopted to be effective January 5, 1996, 20 TexReg 10999; amended to be effective September 13, 1996, 21 TexReg 8455; amended to be effective January 7, 2004, 29 TexReg 80; amended to be effective November 8, 2012, 37 TexReg 8779; amended to be effective November 7, 2013, 38 TexReg 7687; amended to be effective January 2, 2020, 44 TexReg 8232 |
