| (a) Eligible trust companies may file an expedited filing according
to forms and instructions provided by the department solely for home office
relocations within the same city pursuant to Finance Code, §182.202(d),
and §21.41(b) of this title (relating to Written Notice and Application
for Change of Home Office), together with the fee required by §21.2 of
this title (relating to Filing and Investigation Fees). Notice must be published
as required by §21.41(e) of this title.
(b) Notwithstanding another provision of this section, the
banking commissioner may deny expedited filing treatment to an eligible trust
company, in the exercise of discretion, if the banking commissioner finds
that the filing involves one or more of the following:
(1) the proposed transaction involves significant policy, supervisory,
or legal issues;
(2) approval of the proposed transaction is contingent on additional
statutory or regulatory approval by the banking commissioner or another state
or federal regulatory agency;
(3) the proposed transaction will result in a fixed asset investment
in excess of the limitation contained in Finance Code, §184.002(a);
(4) the proposed transaction significantly impacts the strategic
plan of the trust company;
(5) the proposed transaction would cause capital and surplus
to fall below current minimum statutory or regulatory requirements;
(6) the proposed transaction involves an issue of regulatory
concern as determined by the banking commissioner in the exercise of discretion;
or
(7) the application is deficient and specific additional information
is required, or the filing fee has not been paid.
(c) The banking commissioner may deny or withdraw expedited
filing treatment if a protest is filed. If a protest is filed, the application
will be processed under §21.41 of this title.
(d) The department shall notify the applicant on or before
the 15th day following the date the application is accepted for filing if
expedited filing treatment is not available under this section. Such notification
must be in writing and must indicate the reason why expedited treatment is
not available. Notification is effective when mailed by the department and
is not subject to appeal.
(e) Unless the applicant is otherwise notified by the department,
an expedited filing is approved on the 15th day after the date the applicant
is notified that expedited filing treatment is available or the expiration
of the period for filing a public comment or protest, whichever is the last
to occur.
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