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TITLE 7BANKING AND SECURITIES
PART 1FINANCE COMMISSION OF TEXAS
CHAPTER 3STATE BANK REGULATION
SUBCHAPTER CFOREIGN BANK BRANCHES, AGENCIES AND REPRESENTATIVE OFFICES
RULE §3.43Credit Balance of Funds

(a) A foreign bank branch or agency may not receive deposits except as specifically authorized under the Finance Code, §204.105(b). A foreign bank branch or agency may receive funds from a person and maintain a credit balance in accordance with the Finance Code, §204.105(b).

(b) A credit balance includes:

  (1) proceeds of loans to customers where such proceeds are not immediately disbursed;

  (2) loan payments from customers;

  (3) funds delivered by customers to settle letters of credit accounts with the branch or agency prior to settlement date;

  (4) proceeds of bills of exchange, drafts, notes, acceptances, and other obligations for the payment of money arising out of the purchase and sale (but not discount) of same;

  (5) funds received from customers to cover currency transactions or as the result of currency transactions consummated by the branch or agency on behalf of customers;

  (6) funds received for transmission to another place;

  (7) fund arising out of repurchase agreements, federal funds transactions, and other types of purchase, sale, or borrowing transactions in interbank markets;

  (8) proceeds of collections made for customers' accounts;

  (9) accounts due to other offices or entities controlled by or under common control with the foreign bank that owns the foreign bank branch or agency; or

  (10) funds received from customers as security for a loan.

(c) Credit balances may not remain in the foreign bank branch or agency after the completion of all transactions to which they relate.


Source Note: The provisions of this §3.43 adopted to be effective September 13, 1996, 21 TexReg 8452; amended to be effective March 9, 2006, 31 TexReg 1643; amended to be effective July 5, 2018, 43 TexReg 4451

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