(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 qualify as an eligible bank;
(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.
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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; amended to be effective March 12, 2024, 49 TexReg 1457 |