| (a) Required information. The banking commissioner
may investigate and evaluate facts related to a submitted filing or
accepted filing to the extent necessary to reach an informed decision.
The banking commissioner may require any person or entity connected
with the matter to which the submitted or accepted filing pertains
to submit additional information, including, but not limited to, an
opinion of counsel with respect to a matter of law or an opinion,
review or compilation prepared by a certified public accountant.
(b) Accepted for filing. On or before the 15th day
after initial submission of an application, the banking commissioner
shall issue a written notice informing the applicant either that all
filing fees have been paid and the application is complete and accepted
for filing, or that the application is deficient and specific additional
information is required.
(c) Time limit for providing required information.
Unless otherwise provided for in the Trust Company Act, this chapter
or rules and regulations adopted pursuant to the Trust Company Act,
all required information necessary for the banking commissioner to
declare that a submission is an accepted filing shall be provided
to the department on or before the 61st day after the date of the
initial submission of the filing. Upon a finding of good and sufficient
cause, the banking commissioner shall grant an applicant additional
time to complete the application. Extensions will be communicated
to the applicant before the expiration of the filing period.
(d) Abandoned filing. The banking commissioner may
determine any submitted or accepted filing to be abandoned, without
prejudice to the right to refile, if the information required by the
Trust Company Act, this chapter, or any rule or regulation adopted
pursuant to the Trust Company Act, or additional requested information,
is not furnished within the time period specified by subsection (c)
of this section or as requested by the banking commissioner in writing
to the person or entity making the submission. The banking commissioner
may determine a submitted or accepted filing for which fees required
by the Trust Company Act or by this chapter are not paid within 30
days of receipt of the initial submission to be abandoned.
(e) Notice. The banking commissioner shall give written
notice of any submitted or accepted filing considered to be abandoned.
Notice of abandonment shall be effective upon mailing by the department.
Fees paid related to an abandoned filing are nonrefundable.
|
| Source Note: The provisions of this §21.4 adopted to be effective May 14, 1998, 23 TexReg 4565; amended to be effective September 5, 2002, 27 TexReg 8203; amended to be effective September 4, 2014, 39 TexReg 6825 |
