| (2) If any party is required to file with its chartering
agency after acceptance for filing pursuant to §21.4(b) of this
title (relating to Required Information and Abandoned Filings), an
applicant for merger or share exchange shall file the original certificate
of merger or share exchange as certified by the chartering agency
with the banking commissioner.
(3) After approval of an application under this section
by the banking commissioner, the certificate of merger or share exchange
previously filed with the chartering agency, if applicable, will be
accepted and a certificate of merger or share exchange will be issued
by the banking commissioner who shall perform the duties required
by Finance Code, §182.303(a). With respect to a transaction that
requires filing with the Texas secretary of state, if the banking
commissioner does not approve the certificate of merger or share exchange
on or before the 90th day after the filing of the certificate of merger
with the Texas secretary of state, the applicant must refile the certificate
of merger or share exchange with both the Texas secretary of state
and with the banking commissioner.
(4) After issuance of the certificate of merger or
share exchange by the banking commissioner, the applicant shall file
a statement with the chartering authority, if applicable, certifying
that any future event upon which the effectiveness of the merger or
share exchange was conditioned, has been satisfied and the date upon
which the condition was satisfied.
(5) The date of issuance of the certificate of merger
or share exchange by the banking commissioner constitutes the date
of approval pursuant to Finance Code, §182.303(b), unless the
merger or exchange agreement provides for a later effective date which
has been approved by the banking commissioner.
|
| Source Note: The provisions of this §21.64 adopted to be effective December 31, 1998, 23 TexReg 13033; amended to be effective September 5, 2002, 27 TexReg 8203; amended to be effective November 7, 2013, 38 TexReg 7690 |
