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TITLE 7BANKING AND SECURITIES
PART 2TEXAS DEPARTMENT OF BANKING
CHAPTER 21TRUST COMPANY CORPORATE ACTIVITIES
SUBCHAPTER AFEES AND OTHER PROVISIONS OF GENERAL APPLICABILITY
RULE §21.1Definitions

Words and terms used in this chapter that are defined in the Trust Company Act, have the same meanings as defined therein. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

  (1) Accepted filing--An application, request, notice, or protest filed under the Trust Company Act, this chapter, or another rule adopted pursuant to the Trust Company Act, for which the appropriate fee has been paid pursuant to §21.2 of this title (relating to Filing and Investigative Fees), and regarding which the banking commissioner has notified the person or entity who submitted the filing, in writing, that the submission is complete and has been accepted for filing.

  (2) Additional office--A location of a trust company other than the trust company's home office, at which the trust company engages in the trust business.

  (3) Day--A calendar day.

  (4) Eligible trust company--A Texas chartered trust company that:

    (A) possesses capital and surplus that equals or exceeds current minimum statutory or regulatory requirements;

    (B) received a satisfactory rating at the most recent examination by the department or federal regulatory agencies;

    (C) is not operating in violation of a regulatory condition or commitment letter; and

    (D) is not operating under a memorandum of understanding, determination letter or other notice of determination, order to cease and desist, or other state or federal administrative enforcement order.

  (5) General interest items--Include, but are not limited to, local and international news, weather, sports, features, comics, entertainment and advertisements directed to the general public.

  (6) Newspaper of general circulation--A newspaper that:

    (A) devotes not less than 25% of its total column lineage to general interest items, provided that a newspaper of general circulation does not include a specialized newspaper or other periodical directed to a specific interest group or occupation, such as a legal notice or court related newspaper;

    (B) is published at least once a week;

    (C) is entered as second class postal matter in the county where published; and

    (D) has been published regularly and continuously for at least 12 months before the applicant, protesting party or other entity publishes notice, provided that a weekly newspaper is considered to have been published regularly and continuously if the newspaper omits not more than three issues in a 12 month period.

  (7) Public notice-A matter, including an application, request, notice, or protest, whether by proclamation or declaration, required or authorized to be published in a newspaper of general circulation by the Trust Company Act, this chapter, or another rule adopted pursuant to the Trust Company Act, or required to be published by the banking commissioner.

  (8) Submitted filing--An initial application, request, notice, or protest filed under the Trust Company Act, this chapter, or another rule adopted pursuant to the Trust Company Act, that has not been abandoned and is not an accepted filing.

  (9) Trust Company Act--Finance Code, Title 3, Subtitle F (§§181.001 et seq).


Source Note: The provisions of this §21.1 adopted to be effective July 2, 1998, 23 TexReg 6715; amended to be effective September 5, 2002, 27 TexReg 8203

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