Hon. L, s, Johnsen, CoMissioner, 

Department of Banking, 

Austin, Texas Opinion No, V-216 

Re: The legality of a 

State Bank Charter 

amen&meat to chalye 

its domicile from 

Dear Sir: 

one.cou~&y to anothera 

Ton request our opinion in the rolhmiag 

WArticle 4 Chapter III of the 

Texas @a&ing Code provides tkat the 

Axtiol&~ of Association ef a State 

Balllr *shall contain: 2, The city or 

: town ami the oounty of its dcmici10.~ 

"Article 12 Chapter III of MO 

Code prwides: #Subject to the prorisions of this Code, any State bank 

may amen4 its Articles of Assooiation 

for aay lawful purposeGo 0 a 0 sprorided, however, i o y no ameabrsnt 

changiw tke d@micile of anJr state 

bank to amother tit or town shall be 

effective until -the approve State 

Banking Board in the manner provided 

ior tha approval of an original applioatien for chartorn 

*Since RB specific provision is 

aa& under the above authority for a 

bank to move ita domicile from within 

one couaty to within anether county, 

we are hereby requesting your opinion 

aa to whether a bank in l men&ing its 

charter to change fts domicfle from 

one t0wn 1~ one county ts a city in 

another county is so tuaonding its 
Hon. L, S. Johnson - Page 2 (V-210) 

charter *for a lawful purpose" provided it complies with that provision requiring it to submit the Amendment to the State Banking Board for 

approval," 

Section 16 of Article m of the Constitution dealing with State banks contains the following: 

"Such body corporate shall not 

be authorized to engage in business 

at more than one place which shall be 

designated in its charter.* 

The "place" contemplated by this provision 

means the town or city wherein the bank is to be established and operated, 

The language quoted by you - "provided however O O O no amendment changing the domicile of any 

state bank to another city or town shall be effective 

until approved by the State Banking Board in the manner 

provided for the approval of an original application 

for charter" - undoubtedly implies that the domicile of 

any state bank may be changed to another city or town 

by the process of charter amendment. Suoh amendment, 

therefore, would be *for a lawful purpose" and there is 

nothing in the Code to limit the permissible removal to 

another place in the county of its original domfofle. 

You are therefore advised that any state 

bank may amend its charter so as to move its dOmiCile 

from one ::ounty to a town or city in another county, 

provided it complies with the requirements of th2 Banking Code with respect to submitting such amendment to 

the State Board for approval, "fn the manner provided 

for the approval of an original applioation for oharter." 

SUMMARY 

A state bank may lawfully remove 

its domicile from one county to'another 

town or city in another county upon 

amending its charter properly, and submittfng the same to the approval by the 
_. 

I 

Hon. L. S. Johnson - Page 3 (V-216) 

State Banking Board in the same manner provided for the appkoral of an 

original applicatioa for charter. 

Art. 12, Chap. III of the State Banklag code or Texas. 

Yours very truly, 

ATTOltlQtY(SENJ3RAL OFTY!ZAS 

0S:wb 

BY && 

Assistant 

APPROVRB ILAY 24, 1947