Texas Administrative Code
Title 7 - BANKING AND SECURITIES
Part 2 - TEXAS DEPARTMENT OF BANKING
Chapter 15 - CORPORATE ACTIVITIES
Subchapter F - APPLICATIONS FOR MERGER, CONVERSION, AND PURCHASE OR SALE OF ASSETS
Section 15.111 - Investigation of Application

Universal Citation: 7 TX Admin Code ยง 15.111

Current through Reg. 49, No. 38; September 20, 2024

(a) Authority. An application under this subchapter is subject to an investigation as considered necessary, in the banking commissioner's sole discretion, in order to make an informed decision regarding an application.

(b) Costs and fees. An applicant under this subchapter must pay reasonable costs incurred in the investigation including the cost of a required examination, as provided by § RSA 3.36(h) of this title (relating to Annual Assessments and Specialty Examination Fees) and § RSA 15.2(e) of this title (relating to Filing and Investigation Fees).

(c) Examinations. The banking commissioner may consider these factors in determining whether to require an examination of one or more of the entities to the transaction:

(1) a question exists regarding the solvency or potential solvency of the applicant or one or more of the financial institutions or other entities involved in the proposed transaction;

(2) a financial institution involved in the transaction has not been examined by a state, federal, or foreign regulatory agency within the 18 month period immediately preceding the date of submission of the application;

(3) a financial institution involved in the proposed transaction has numerous substantive violations cited in its last examination report, or has a less than satisfactory regulatory rating;

(4) a question exists regarding the experience, ability, standing, trustworthiness, or integrity of the existing or proposed officers, directors, managers or managing participants of a party involved in the proposed transaction;

(5) a question exists whether a resulting state bank will operate in compliance with the law;

(6) a question exists whether a resulting state bank will be free from improper or unlawful influence or interference from its principal shareholders with respect to operation in compliance with the law;

(7) a question exists whether a resulting state bank will have adequate capitalization;

(8) one or more of the parties to the transaction is under a regulatory restriction; or

(9) other factors as determined in the sole discretion of the banking commissioner.

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