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TITLE 7BANKING AND SECURITIES
PART 2TEXAS DEPARTMENT OF BANKING
CHAPTER 15CORPORATE ACTIVITIES
SUBCHAPTER AFEES AND OTHER PROVISIONS OF GENERAL APPLICABILITY
RULE §15.3Expedited Filings

(a) An eligible bank may file an expedited filing according to forms and instructions provided by the department solely for the following matters, together with the fee required by §15.2 of this title (relating to Filing and Investigation Fees):

  (1) a branch application pursuant to Finance Code, §32.203, and §15.42 of this title (relating to Establishment and Closing of a Branch Office); and

  (2) home office relocations less than one mile with no abandonment of the community pursuant to the Finance Code, §32.202(c), and §15.41 of this title (relating to Written Notice or Application for Change of Home Office).

(b) Notwithstanding another provision of this section, the banking commissioner may deny expedited filing treatment to an eligible bank, 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 the Finance Code, §34.002(a);

  (4) the proposed transaction requires the approval of the banking commissioner under the Finance Code, §33.109(b);

  (5) the proposed transaction involves an issue of parity between state and national banks pursuant to the Finance Code, §32.009;

  (6) the proposed transaction significantly impacts the strategic plan of the bank;

  (7) the proposed transaction will result in a decrease in capital below the levels required to meet the definition of "well capitalized" in 12 Code of Federal Regulations, §325.103;

  (8) the proposed transaction will result in an abandonment of the community pursuant to the Finance Code, §32.202(d);

  (9) the proposed transaction involves an issue of regulatory concern as determined by the banking commissioner in the exercise of discretion; or

  (10) the application is deficient and specific additional information is required, or the filing fee has not been paid.

(c) The department shall notify the applicant on or before the 15th day after receipt of the application if expedited filing treatment is not available under this section. Such notification of denial 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.

(d) If expedited filing treatment is denied, the applicant shall submit any additional fee required by §15.2 of this title on or before the fifth business day after receipt of the notice.

(e) Unless the applicant is otherwise notified by the department, an expedited filing is approved on the 15th day after the later of the date the application is complete and accepted for filing, or expiration of the period for filing a comment, protest, response or reply, whichever is the last to occur, unless a protest is filed. If a protest is filed, the application will be processed under §15.41 or §15.42 of this title, whichever is applicable.


Source Note: The provisions of this §15.3 adopted to be effective January 5, 1996, 20 TexReg 10999; amended to be effective November 13, 1997, 22 TexReg 10955; amended to be effective November 12, 2003, 28 TexReg 9825; amended to be effective November 8, 2012, 37 TexReg 8779; amended to be effective January 2, 2014, 38 TexReg 9482; amended to be effective May 5, 2016, 41 TexReg 3099

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