reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter B - GENERAL › Section 3.37 - Calculation of Annual Assessment for Banks

Current through Reg. 49, No. 28; July 12, 2024
(a) Bank assessment
				  calculation table. The annual assessment for a state bank is calculated as
				  described in this section and paid as provided by §
										3.36 of this title (relating to
				  Annual Assessments and Specialty Examination Fees), based on the values in the
				  following table, as such values may be periodically adjusted in the manner
				  provided by subsection (b) of this section. Certain terms used in this section
				  and in the following table are defined in §3.36(b).
Attached Graphic
(b) Adjustments for inflation. In
				  this section, "GDPIPD" means the Gross Domestic Product Implicit Price
				  Deflator, published quarterly by the Bureau of Economic Analysis, United States
				  Department of Commerce. The "annual GDPIPD factor" is equal to the percentage
				  change in the GDPIPD index values published for the first quarter of the
				  current year compared to the first quarter of the previous year (the
				  March-to-March period immediately preceding the calculation date), rounded to a
				  hundredth of a percent (two decimal places).
(1) Each September 1, the table in subsection
				  (a) of this section, as most recently revised before such date pursuant to this
				  subsection, may be revised as follows:
(A)
				  each marginal assessment factor listed in Step 3 of the table is increased (or
				  decreased) by an amount proportionate to the measure of inflation (or
				  deflation) reflected in the annual GDPIPD factor, rounded to six decimal
				  places;
(B) the base assessment
				  amount listed in Step 4 for assessable asset group 1 is increased (or
				  decreased) by an amount proportionate to the measure of inflation (or
				  deflation) reflected in the annual GDPIPD factor, rounded to whole dollars;
				  and
(C) each base assessment amount
				  listed in Step 4 for assessable asset groups 2 through 14 is adjusted to an
				  amount equal to the maximum annual assessment possible for the next lower
				  assessable asset group (without surcharge), rounded to whole dollars. For
				  example, the base assessment amount for assessable asset group 2 is equal to
				  the annual assessment (without surcharge) calculated under assessable asset
				  group 1 for a bank with exactly $10 million in assessable assets.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter B - GENERAL › Section 3.38 - Calculation of Annual Assessment for Foreign Bank Branches or Agencies

Current through Reg. 49, No. 28; July 12, 2024
The annual assessment for a foreign bank branch or agency
					 is calculated as described in §
										RSA
					 3.36 of this title (relating to Annual
					 Assessments and Specialty Examination Fees), based on the values in the
					 following table:
Attached
					 Graphic
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter C - FOREIGN BANK BRANCHES, AGENCIES AND REPRESENTATIVE OFFICES › Section 3.40 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, have the following meanings unless the context clearly indicates
					 otherwise:
(1) Foreign bank branch or
				  Texas branch--A Texas state branch proposed to be established or established
				  and maintained by a foreign bank pursuant to the Finance Code, Chapter
				  204.
(2) Foreign bank agency or
				  Texas agency--A Texas state agency proposed to be established or established
				  and maintained by a foreign bank pursuant to the Finance Code, Chapter
				  204.
(3) Foreign bank
				  representative office or Texas representative office--A Texas representative
				  office proposed to be established or established and maintained by a foreign
				  bank pursuant to the Finance Code, Chapter 204.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter C - FOREIGN BANK BRANCHES, AGENCIES AND REPRESENTATIVE OFFICES › Section 3.41 - Applications, Notices and Reports Related to Foreign Bank Branches and Agencies

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Application. To establish a Texas branch or agency, a foreign bank shall file
				  with the banking commissioner an application for a license on the form
				  prescribed by the commissioner. The application must:
(1) be in English and be signed, sworn to and
				  acknowledged by an officer of the foreign bank;
(2) be fully completed and provide the
				  information and include as attachments the documentation specified in the
				  application form and the department's instructions, including the information
				  and documentation required under the Finance Code, §
											RSA
				  204.101, and such other information and
				  documentation as the banking commissioner reasonably requests; and
(3) be accompanied by the application fees
				  and applicable deposits required by §
											RSA
				  15.2 of this title (relating to Filing Fees
				  and Cost Deposits).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter C - FOREIGN BANK BRANCHES, AGENCIES AND REPRESENTATIVE OFFICES › Section 3.42 - Foreign Bank Branch and Agency Records

Current through Reg. 49, No. 28; July 12, 2024
A foreign bank branch or agency shall maintain the
					 following records in English, or accompanied by an English translation, at its
					 authorized location and make the records available for examination by the
					 department or as otherwise requested by the banking commissioner:
(1) the records required under the Finance
				  Code, Chapter 204, including §204.002, and, to the extent applicable,
				  §
										RSA
				  3.60 and §
										RSA
				  3.61 of this title (relating to Pledge and
				  Maintenance of Assets by Foreign Bank Licensed to Maintain Texas State Branch
				  or Agency);
(2) separate accounting
				  records relating to its assets and liabilities and, if available, its income
				  and expenses resulting from the branch's or agency's operations in this
				  state;
(3) records relating to all
				  filings or permits required by federal regulators;
(4) records of all credit balances,
				  including:
(A) a list of each credit
				  balance;
(B) the contractual terms
				  applicable to each credit balance; and
(C) the contractual terms specifying the
				  completion of the transactions to which the credit balance relates;
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter C - FOREIGN BANK BRANCHES, AGENCIES AND REPRESENTATIVE OFFICES › Section 3.43 - Credit Balance of Funds

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  foreign bank branch or agency may not receive deposits except as specifically
				  authorized under the Finance Code, §
										RSA
				  204.105(b). A foreign bank
				  branch or agency may receive funds from a person and maintain a credit balance
				  in accordance with the Finance Code, §
										RSA
				  204.105(b).
(b) A credit balance includes:
(1) proceeds of loans to customers where such
				  proceeds are not immediately disbursed;
(2) loan payments from customers;
(3) funds delivered by customers to settle
				  letters of credit accounts with the branch or agency prior to settlement
				  date;
(4) proceeds of bills of
				  exchange, drafts, notes, acceptances, and other obligations for the payment of
				  money arising out of the purchase and sale (but not discount) of
				  same;
(5) funds received from
				  customers to cover currency transactions or as the result of currency
				  transactions consummated by the branch or agency on behalf of
				  customers;
(6) funds received for
				  transmission to another place;
(7)
				  fund arising out of repurchase agreements, federal funds transactions, and
				  other types of purchase, sale, or borrowing transactions in interbank
				  markets;
(8) proceeds of
				  collections made for customers' accounts;
(9) accounts due to other offices or entities
				  controlled by or under common control with the foreign bank that owns the
				  foreign bank branch or agency; or
(10) funds received from customers as
				  security for a loan.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter C - FOREIGN BANK BRANCHES, AGENCIES AND REPRESENTATIVE OFFICES › Section 3.44 - Statements of Registration, Notices and Filings Related to Foreign Bank Representative Offices

Current through Reg. 49, No. 28; July 12, 2024
(a) General. A
				  foreign bank may establish a representative office in this state whether or not
				  the foreign bank is authorized to maintain a Texas branch or agency.
(b) Applicability. This section applies only
				  to a foreign bank that does not maintain a Texas branch or agency. A foreign
				  bank that maintains a Texas branch or agency is not subject to this section and
				  may establish a representative office by providing the notice required under
				  §
										RSA
				  3.41(c) of this title
				  (relating to Applications, Notices and Reports Related to Foreign Bank Branches
				  and Agencies).
(c) Statement of
				  registration. To establish a representative office in this state, a foreign
				  bank shall file with the banking commissioner a statement of registration on
				  the form prescribed by the department. The statement of registration must:
(1) be in English and be signed, sworn to and
				  acknowledged by an officer of the foreign bank;
(2) be fully completed and provide the
				  information and include as attachments the documentation specified in the
				  registration form and the department's instructions, including the information
				  and documentation required under the Finance Code, §
											RSA
				  204.201, and such other information and
				  documentation as the banking commissioner reasonably requests; and
(3) be accompanied by the registration fee
				  established in §
											RSA
				  15.2(b) of this title
				  (relating to Filing and Investigation Fees).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter C - FOREIGN BANK BRANCHES, AGENCIES AND REPRESENTATIVE OFFICES › Section 3.45 - Records of a Representative Office

Current through Reg. 49, No. 28; July 12, 2024
(a) A representative office established in
				  this state by a foreign bank shall maintain the following records in English or
				  accompanied by an English translation and make the records available for
				  examination by the department or as otherwise requested by the banking
				  commissioner:
(1) copies of all reports sent
				  to the foreign bank by the representative office;
(2) copies of all policies pertaining to the
				  solicitation, origination, and accounting of loans between the representative
				  office and other offices of the foreign bank;
(3) a description of all activities in which
				  the representative office is engaged and its target market;
(4) assets, liabilities, and income and
				  expense journals for the representative office;
(5) the organizational chart of the
				  representative office, including officer titles, functions, and reporting
				  lines;
(6) marketing, business
				  plans, and budgets for the representative office;
(7) copies of all lease agreements on rented
				  office space and fixed assets in this state, including details of the sharing
				  arrangement covering the office space if the office space is shared with
				  another unit of the foreign bank;
(8) a copy of the most recent audited annual
				  report of the foreign bank, in English;
(9) copies of all insurance policies covering
				  fraud and fixed assets that relate to the representative office;
(10) a list of other operations and
				  affiliates of the foreign bank in the United States;
(11) for all extensions of credit solicited
				  or handled by the representative office:
(A)
				  copies of the credit approval from the domestic agency, branch facility, or
				  foreign bank, which may authorize the representative office to sign and execute
				  the loan contract and related documentation. The approval may be in the form of
				  a facsimile transmission or telex from the applicable foreign bank
				  office;
(B) complete copies of all
				  loan agreements and all subsequent revisions and amendments; and
(C) complete copies of credit and collateral
				  documentation, including borrowing base calculations and reports; and
(12) to the extent not identified
				  in paragraphs (1) - (11) of this subsection, the records required under the
				  Finance Code, §
											RSA
				  204.002; and
(13) such other records the banking
				  commissioner may require.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter D - PLEDGE AND MAINTENANCE OF ASSETS BY FOREIGN BANK LICENSED TO MAINTAIN TEXAS STATE BRANCH OR AGENCY › Section 3.51 - Authority, Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Authority. This subchapter is adopted under the authority of Finance Code,
				  Title 3, Subtitle G, Chapter 204, Subchapter B, particularly Finance Code,
				  §§
										RSA 204.113 and
				  RSA 204.114.
				  Subchapter B authorizes a foreign bank to establish and maintain a Texas state
				  branch or agency upon receiving a license from the Texas Banking Commissioner.
				  Section 204.113 authorizes the banking commissioner to require a foreign bank
				  so licensed to deposit and pledge to the banking commissioner assets in Texas
				  in an amount and subject to such conditions as may be determined or authorized
				  by rule. Section 204.114 authorizes the banking commissioner to require a
				  foreign bank to satisfy the ratio of Texas state branch or agency assets to
				  liabilities as may be determined or authorized by rule.
(b) Purpose. This subchapter implements
				  Finance Code, §§
										RSA 204.113 and
				  RSA 204.114. It
				  establishes the amount of assets that a foreign bank subject to its provisions
				  must deposit and pledge and the conditions related to the pledge. The
				  subchapter also authorizes the banking commissioner to require a foreign bank
				  to maintain a specific ratio of assets to liabilities as the banking
				  commissioner deems necessary or desirable to address supervisory
				  concerns.
(c) Scope. This
				  subchapter applies to a foreign bank that is licensed to establish and maintain
				  one or more Texas state branches or Texas state agencies under Finance Code,
				  Title 3, Subtitle G, Chapter 204, Subchapter B, and that carries nonrelated
				  liabilities on the books, accounts and records of such branch, branches, agency
				  or agencies.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter D - PLEDGE AND MAINTENANCE OF ASSETS BY FOREIGN BANK LICENSED TO MAINTAIN TEXAS STATE BRANCH OR AGENCY › Section 3.53 - Asset Deposit and Pledge Requirement Applicable to Branch or Agency with Nonrelated Deposit Liabilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Asset
				  pledge required. A foreign bank that maintains and operates a Texas state
				  branch or agency, and carries nonrelated deposit liabilities on the books and
				  records of its Texas state branch or agency as liabilities of such branch or
				  agency, must pledge and keep assets on deposit with a depository in accordance
				  with this subchapter.
(b) Amount of
				  deposit. Subject to a minimum deposit of $100,000, the amount of assets
				  required to be deposited under subsection (a), based upon the lower of
				  principal amount or market value, is equal to the lesser of:
(1) one percent of the average total
				  nonrelated liabilities, consisting of nonrelated deposit liabilities and
				  nonrelated other liabilities, for the previous calendar quarter of such branch
				  or agency appearing on the books, accounts and records of such branch or
				  agency; or
(2) $100
				  million.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter D - PLEDGE AND MAINTENANCE OF ASSETS BY FOREIGN BANK LICENSED TO MAINTAIN TEXAS STATE BRANCH OR AGENCY › Section 3.54 - Asset Deposit and Pledge Requirement Applicable to Branch or Agency with Only Nonrelated Other Liabilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Asset
				  pledge not generally required. Subject to subsection (b) of this section, a
				  foreign bank that carries only nonrelated other liabilities on the books and
				  records of its Texas state branch or agency, and does not carry nonrelated
				  deposit liabilities, is not required to pledge assets under this
				  subchapter.
(b) Authority of
				  banking commissioner to require asset pledge. The banking commissioner, in his
				  sole discretion based upon the factors identified in §
										RSA
				  3.53(e) of this title
				  (relating to Asset Deposit and Pledge Requirement Applicable to Branch or
				  Agency with Nonrelated Deposit Liabilities), may require a foreign bank that
				  carries only nonrelated other liabilities on the books and records of its Texas
				  state branch or agency to pledge assets in accordance with §
										RSA
				  3.53 of this title (relating to Asset Deposit
				  and Pledge Requirement Applicable to Branch or Agency with Nonrelated Deposit
				  Liabilities). In such event, the bank must comply with all provisions of this
				  subchapter relating to the deposit and pledge of assets.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter D - PLEDGE AND MAINTENANCE OF ASSETS BY FOREIGN BANK LICENSED TO MAINTAIN TEXAS STATE BRANCH OR AGENCY › Section 3.55 - Calculation of Liabilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Calculation of liabilities in accordance with Call Report. For purposes of
				  §3.53(b), and except as otherwise provided in this subchapter, a foreign
				  bank must:
(1) calculate the nonrelated
				  deposit liabilities and nonrelated other liabilities of its Texas state branch
				  or agency in accordance with the instructions in the FFIEC Call Report;
				  and
(2) calculate the asset pledge
				  on the same basis on which it calculates quarterly averages for Call Report
				  purposes (currently, the average of liabilities subject to asset pledge either
				  as of the close of business for each day of the calendar quarter or as of the
				  close of business on each Wednesday during the calendar quarter).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter D - PLEDGE AND MAINTENANCE OF ASSETS BY FOREIGN BANK LICENSED TO MAINTAIN TEXAS STATE BRANCH OR AGENCY › Section 3.56 - Asset Pledge Report and Additional Deposits

Current through Reg. 49, No. 28; July 12, 2024
(a) Report of liabilities and pledged assets.
				  Each foreign bank that maintains a Texas state branch or agency that carries
				  nonrelated liabilities, consisting of nonrelated deposit liabilities and
				  nonrelated other liabilities, on the books and records of its Texas state
				  branch or agency as liabilities of such branch or agency, must prepare and
				  submit to the banking commissioner, on a form prescribed by the banking
				  commissioner, a report showing:
(1) the
				  average total nonrelated liabilities, consisting of nonrelated deposit
				  liabilities and nonrelated other liabilities, of its Texas state branch or
				  agency for the previous calendar quarter, calculated in accordance with §
											RSA
				  3.55 of this title (relating to Calculation
				  of Liabilities); and
(2) if assets
				  are deposited and pledged for the account of the banking commissioner under
				  §
											RSA
				  3.53 of this title (relating to Asset Deposit
				  and Pledge Requirement Applicable to Branch or Agency with Nonrelated Deposit
				  Liabilities), the assets deposited and pledged and the total value of such
				  assets as of the end of the quarter for which liabilities are reported under
				  subsection (a)(1) of this section.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter D - PLEDGE AND MAINTENANCE OF ASSETS BY FOREIGN BANK LICENSED TO MAINTAIN TEXAS STATE BRANCH OR AGENCY › Section 3.57 - Excluded Liabilities

Current through Reg. 49, No. 28; July 12, 2024
The following liabilities of a foreign bank's Texas state
					 branch or agency are not included for purposes of calculating the amount of
					 assets required to be pledged under §
										RSA
					 3.53 of this title (relating to Asset Deposit
					 and Pledge Requirement Applicable to Branch or Agency with Nonrelated Deposit
					 Liabilities):
(1) amounts due and
				  other liabilities to other offices, agencies, branches and affiliates of the
				  foreign bank;
(2) liabilities
				  arising from repurchase agreements and other similar instruments to the extent
				  secured by collateral;
(3) reserves
				  for possible loan losses and other contingencies; and
(4) such other liabilities as the banking
				  commissioner may determine.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter D - PLEDGE AND MAINTENANCE OF ASSETS BY FOREIGN BANK LICENSED TO MAINTAIN TEXAS STATE BRANCH OR AGENCY › Section 3.58 - Eligible Assets and Conditions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Eligible assets. In addition to the assets consisting of dollar deposits and
				  investment securities described in Finance Code, §
										RSA
				  204.113(a), a foreign bank
				  may deposit the following assets to satisfy the pledge requirement established
				  in §
										RSA
				  3.53 of this title (relating to Asset Deposit
				  and Pledge Requirement Applicable to Branch or Agency with Nonrelated Deposit
				  Liabilities):
(1) reserves maintained with a
				  federal reserve bank in or outside this state;
(2) United States and non-United States debt
				  obligations that are rated investment grade by a recognized United States
				  rating service; and
(3) assets
				  specifically approved by the banking commissioner upon prior written
				  application.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter D - PLEDGE AND MAINTENANCE OF ASSETS BY FOREIGN BANK LICENSED TO MAINTAIN TEXAS STATE BRANCH OR AGENCY › Section 3.59 - Deposit Agreement and Conditions

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Approved deposit agreement. A foreign bank and a depository must execute a
				  deposit agreement approved by the banking commissioner before the foreign bank
				  may deposit assets for purposes of Finance Code, §
										RSA 204.113, and
				  this subchapter. In addition to any other terms and conditions that are not
				  inconsistent with those listed in this section or imposed by the banking
				  commissioner, the deposit agreement must include the terms and conditions set
				  forth in subsections (b) through (m) of this section.
(b) Limitation on assets that may be
				  deposited. Only assets eligible to be pledged under §
										RSA
				  3.58 of this title (relating to Eligible
				  Assets and Conditions) may be deposited into the pledge account.
(c) Assets pledged to banking commissioner.
				  The assets must be pledged to the banking commissioner for the benefit of the
				  creditors and depositors of the Texas state branch's or agency's business in
				  this State. The banking commissioner must be provided with, and is deemed to
				  have, a security interest in the pledged assets.
(d) Assets held as special deposit. The
				  depository must hold the assets deposited under the agreement as a special
				  deposit free of any lien, charge, right of set-off, credit, or preference in
				  connection with any claim of the depository against the foreign bank or the
				  Texas state branch or agency. The depository may not accept any asset under the
				  agreement that is not accompanied by documentation necessary to facilitate
				  transfer of title.
(e) Depository
				  to furnish receipt. The depository must furnish the foreign bank, upon the
				  deposit of assets under the depository agreement, a receipt or statement as
				  evidence of the deposit. The receipt or statement must identify the deposit as
				  having been made pursuant to Finance Code, §
										RSA 204.113, and
				  under the deposit agreement, and must state the amount of the deposit and, with
				  respect to the deposit of securities, a description of each security
				  deposited.
(f) Release of
				  securities by depository. The depository must release deposited assets to the
				  foreign bank upon written request:
(1) when
				  accompanied by a certificate, as described in subsection (g) of this section,
				  signed by a duly authorized officer of the foreign bank; or
(2) upon receipt of the banking
				  commissioner's written order to release such part of the deposited assets under
				  such conditions and terms as the order may specify.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter D - PLEDGE AND MAINTENANCE OF ASSETS BY FOREIGN BANK LICENSED TO MAINTAIN TEXAS STATE BRANCH OR AGENCY › Section 3.60 - Record of Deposited and Withdrawn Assets

Current through Reg. 49, No. 28; July 12, 2024
(a) Retention of receipts of statements. A
				  foreign bank must retain for three years from the date of receipt the originals
				  of all receipts or statements obtained from a depository under §
										RSA
				  3.59 of this title (relating to Deposit
				  Agreement and Conditions). The foreign bank must make such originals available
				  to the department at the time of the examination of such branch or
				  agency.
(b) Withdrawal request and
				  certificate. Coincidentally with any withdrawal request authorized pursuant to
				  §
										RSA
				  3.59 of this title (relating to Deposit
				  Agreement and Conditions), a foreign bank must furnish the banking commissioner
				  a copy of the withdrawal request and the certificate required under §
										RSA
				  3.59(g) of this title
				  (relating to Deposit Agreement and Conditions).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter D - PLEDGE AND MAINTENANCE OF ASSETS BY FOREIGN BANK LICENSED TO MAINTAIN TEXAS STATE BRANCH OR AGENCY › Section 3.61 - Record of Assets and Liabilities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Maintenance of record of liabilities. A foreign bank must maintain a record of
				  the liabilities of the foreign bank appearing on the books, accounts and
				  records of its Texas state branch or agency as liabilities of such branch or
				  agency as determined in accordance with §
										RSA
				  3.55 of this title (relating to Calculation
				  of Liabilities) and §
										RSA
				  3.56 of this title (relating to Asset Pledge
				  Report and Additional Deposits). The record must be maintained in permanent
				  ledger form. A foreign bank authorized to maintain more than one branch or
				  agency in this State must maintain the record on a consolidated basis. No
				  specific format for the record is prescribed. It must, however, contain such
				  information in sufficient detail as will permit ready verification of its
				  accuracy.
(b) Maintenance of record
				  of assets. In addition to the record of liabilities required to be maintained
				  by subsection (a) of this section, a foreign bank must maintain an itemized
				  record of assets deposited for the account of the banking commissioner under
				  §
										RSA
				  3.53 of this title (relating to Asset Deposit
				  and Pledge Requirement Applicable to Branch or Agency with Nonrelated Deposit
				  Liabilities). The record must describe each deposited asset and include the
				  value of such asset, at principal or market value, whichever is
				  lower.
(c) General requirements
				  applicable to records. The records required to be maintained under subsections
				  (a) and (b) must:
(1) support the
				  calculations and asset lists and valuations contained in the quarterly asset
				  pledge report required under §
											RSA
				  3.56 of this title (relating to Asset Pledge
				  Report and Additional Deposits);
(2) be authenticated by the signature of a
				  duly authorized officer of the foreign bank; and
(3) be retained for three years from the date
				  the records are received or generated.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter D - PLEDGE AND MAINTENANCE OF ASSETS BY FOREIGN BANK LICENSED TO MAINTAIN TEXAS STATE BRANCH OR AGENCY › Section 3.62 - Asset Maintenance

Current through Reg. 49, No. 28; July 12, 2024
(a) Maintenance
				  of specific ratio not generally required. Subject to subsection (b) of this
				  section, a foreign bank is not required to maintain a specific ratio of assets
				  to liabilities appearing on the books, accounts and records of its Texas state
				  branch or agency.
(b) Authority of
				  banking commissioner to require maintenance of specific ratio. The banking
				  commissioner may require a foreign bank to maintain a specific ratio of assets
				  to liabilities as deemed necessary or desirable.
(c) Determination of Assets and Liabilities.
				  The banking commissioner will determine the assets and liabilities that may or
				  must be included for purposes satisfying the requirements of this section
				  consistent with Finance Code, §
										RSA
				  204.114.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter E - BANKING HOUSE AND OTHER FACILITIES › Section 3.92 - User Safety at Unmanned Teller Machines

Current through Reg. 49, No. 28; July 12, 2024
(a) Definitions. Words and terms used in this
				  subchapter that are defined in the Finance Code, §
										RSA 59.301, have the
				  same meanings as defined in the Finance Code.
(b) Measurement of candlefoot power. For
				  purposes of measuring compliance with the Finance Code, §
										RSA
				  59.307, candlefoot power should be determined
				  under normal, dry weather conditions, without complicating factors such as fog,
				  rain, snow, sand or dust storm, or other similar condition.
(c) Leased premises.
(1) Noncompliance by landlord. Pursuant to
				  the Finance Code, §
											RSA
				  59.306, the landlord or owner of property is
				  required to comply with the safety procedures of the Finance Code, Chapter 59,
				  Subchapter D, if an access area or defined parking area for an unmanned teller
				  machine is not controlled by the owner or operator of the unmanned teller
				  machine. If an owner or operator of an unmanned teller machine on leased
				  premises is unable to obtain compliance with safety procedures from the
				  landlord or owner of the property, the owner or operator shall notify the
				  landlord in writing of the requirements of the Finance Code, Chapter 59,
				  Subchapter D, and of those provisions for which the landlord is in
				  noncompliance.
(2) Enforcement.
				  Noncompliance with safety procedures required by the Finance Code, Chapter 59,
				  Subchapter D, by a landlord or owner of property after receipt of written
				  notification from the owner or operator constitutes a violation of the Finance
				  Code, Chapter 59, Subchapter D, which may be enforced by the Texas Attorney
				  General.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 3 - STATE BANK REGULATION › Subchapter F - ACCESS TO INFORMATION › Section 3.112 - What will the Department Charge for Providing Public Information?

Current through Reg. 49, No. 28; July 12, 2024
(a) If you request
				  the department to provide copies or allow inspection of public information in
				  the possession of the department, you may be required to pay the charges and
				  meet other requirements specified by the Texas Attorney General.
(b) The department may reduce or waive an
				  applicable charge under subsection (a) of this section, in the discretion of
				  the commissioner, if the cost of collecting the charge will exceed the amount
				  of the charge or a public benefit will result from the reduction or
				  waiver.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 4 - CREDIT CARD SURCHARGE APPEAL PROCEDURES › Subchapter A - [Repealed] CONTESTED CASE PROCEDURE FOR VIOLATIONS ON OR BEFORE AUGUST 31, 2013 › Section 4.101 to 4.106 - [Repealed]

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 5 - ADMINISTRATION OF FINANCE AGENCIES › Section 5.100 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In this chapter, a "finance agency" means the Texas
				  Department of Banking, the Department of Savings and Mortgage Lending, and the
				  Office of Consumer Credit Commissioner.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 5 - ADMINISTRATION OF FINANCE AGENCIES › Section 5.101 - Employee Training and Education Assistance Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to the State Employees Training
				Act, Chapter 656, Subchapter C of the Texas Government Code, it is the policy
				and practice of the finance agencies to encourage employees' professional
				development through training and education programs sponsored or supported by
				the finance agencies.
(b) The
				finance agencies may provide assistance for education and training that will
				enhance an employee's ability to perform current or prospective job duties and
				will benefit both the respective finance agency and the employee.
(c) Approval to participate in a training or
				education program is not automatic and is subject to eligibility of individual
				employees as established in the respective finance agency's policy, and the
				availability of funds within the respective finance agency's budget.
(d) The employee training and education
				program for the finance agencies may include one or more of the following:
(1) agency-sponsored training provided
				in-house or by contract;
(2)
				seminars and conferences;
(3)
				technical or professional certifications and licenses; or
(4) reimbursement for tuition, fees and
				required course materials.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 5 - ADMINISTRATION OF FINANCE AGENCIES › Section 5.103 - Alternative Dispute Resolution Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) Policy. It is the policy of the finance
				commission to use alternative dispute resolution procedures where reasonable
				and appropriate under Texas Government Code, Chapter 2009 to assist in the
				resolution of internal and external disputes under the jurisdiction of a
				finance agency.
(b) Model
				guidelines. The procedures for alternative dispute resolution must conform, to
				the extent possible, to any model guidelines issued by the State Office of
				Administrative Hearings for the use of alternative dispute resolution by state
				agencies.
(c) Coordination and
				training. The finance agencies will coordinate with each other as reasonable to
				implement the use of appropriate alternative dispute resolution procedures and
				provide training as needed to implement the use of alternative dispute
				resolution procedures.
(d) Data
				collection and reporting. Each finance agency will collect data concerning the
				effectiveness of alternative dispute resolution procedures, and report to the
				finance commission its use of alternative dispute resolution
				procedures.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 5 - ADMINISTRATION OF FINANCE AGENCIES › Section 5.105 - Negotiated Rulemaking

Current through Reg. 49, No. 28; July 12, 2024
(a) Policy. It
				is the policy of the finance commission to use negotiated rulemaking procedures
				under Texas Government Code, Chapter 2008 and § 9.85 of this title
				(relating to Negotiated Rulemaking).
(b) Coordination and training. The finance
				agencies will coordinate with each other as reasonable to implement the use of
				negotiated rulemaking procedures and provide training as needed to implement
				the use of negotiated rulemaking procedures.
(c) Data collection and reporting. Each
				finance agency will collect data concerning the effectiveness of negotiated
				rulemaking procedures, and report to the finance commission its use of
				negotiated rulemaking procedures.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 5 - ADMINISTRATION OF FINANCE AGENCIES › Section 5.107 - Employee Leave Pools

Current through Reg. 49, No. 28; July 12, 2024
(a) Generally. The
				finance agencies maintain policies for establishing and administering the sick
				leave pool and family leave pool of each respective finance agency.
(b) Sick leave pool. A sick leave pool is
				established to allow employees to transfer accrued sick leave to the pool to be
				used by employees who are eligible to withdraw time from the pool. The sick
				leave pool is intended to assist an employee and the employee's immediate
				family in dealing with a catastrophic illness or injury that forces the
				employee to exhaust all of the employee's available sick leave.
(1) The Commissioner of each finance agency
				is designated as the pool administrator for the respective finance agency's
				sick leave pool.
(2) The pool
				administrator will maintain operating procedures consistent with the
				requirements of this subsection and relevant law governing operation of the
				pool.
(3) Donations to the pool are
				strictly voluntary.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 6 - BANKING DEVELOPMENT DISTRICTS › Section 6.1 - Purpose; Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) This chapter
				implements Finance Code, Chapter 279, by providing application requirements for
				a municipality or county that seeks to establish a banking development district
				in conjunction with a financial institution.
(b) This chapter does not affect or
				circumvent:
(1) requirements under the Tax
				Increment Financing Act or the Property Redevelopment and Tax Abatement Act
				(Tax Code, Chapters 311 and 312, respectively), including requirements for
				designation of an area as a municipal or county reinvestment zone or for
				authorization to enter into a tax abatement agreement; or
(2) any required regulatory approval for a
				financial institution that seeks to establish a branch in a banking development
				district.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 6 - BANKING DEVELOPMENT DISTRICTS › Section 6.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
				  shall have the following meanings, unless the context clearly indicates
				  otherwise:
(1) "Alternative providers"
				means check cashers, licensed money transmitters, licensed lenders, and
				licensed residential mortgage lenders.
(2) "Banking services" include deposit
				taking, check-cashing, and origination of residential mortgages, commercial
				mortgages, or other secured or unsecured consumer or commercial
				loans.
(3) "Branch" means a
				full-service main office or branch office of a financial institution or credit
				union.
(4) "Commission" means the
				Finance Commission of Texas.
(5)
				"Credit union" means a state or federal credit union.
(6) "Department" means the Texas Department
				of Banking.
(7) "District" means a
				banking development district under this chapter.
(8) "Financial institution" means a state or
				national bank, a state or federal savings bank, or a state or federal savings
				and loan association.
(9) "Local
				government" means a municipality or county.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 6 - BANKING DEVELOPMENT DISTRICTS › Section 6.3 - Application Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				Basic application. A local government, in conjunction with a financial
				institution, may submit an application to the commission for the designation of
				a proposed banking development district, as provided by § 6.4 of this
				title (relating to Submission and Processing of Application). The application
				must include the following information to the extent available:
(1) identification of the local government
				applicant and evidence of the approval of the application by its governing
				body;
(2) identification of the
				participating financial institution by type and name, and identification of its
				primary state and/or federal regulator;
(3) a description of the geographic area
				comprising the proposed district, including a map that identifies the borders
				of the proposed district;
(4) a
				compilation and explanation of the population demographics included within the
				proposed district, including the number of residents and the percentage of the
				population that can be described as comprised of, for example, elderly (age 64
				and over), disabled, non-English speaking, and identifiable racial, ethnic or
				other minorities;
(5) a compilation
				and explanation of economic indicators pertinent to the proposed district, to
				the extent available, including per capita annual income, median household
				annual income, unemployment data, percentage of the population at or below the
				poverty level, and percentage of the population receiving public assistance
				within the proposed district;
(6) a
				description of the type and nature of commercial businesses located in the
				proposed district, including the number and percentage of which constitute
				small business, as that term is defined by Government Code §
										RSA
				2006.001(2);
(7) a compilation and summary of significant
				business developments within the past three years, including corporate
				restructurings, plant closings, other business closings, and recent or proposed
				business openings or expansions;
(8) the location, number, and proximity of
				sites where banking services are available in or near the proposed district,
				including branches of financial institutions and credit unions, and
				deposit-taking ATMs other than those located at branches;
(9) a compilation and description of
				alternate providers in the proposed district;
(10) a description of the anticipated impact
				that additional banking services would have on potential economic development
				within the proposed district.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 6 - BANKING DEVELOPMENT DISTRICTS › Section 6.4 - Submission and Processing of Application

Current through Reg. 49, No. 28; July 12, 2024
(a) The application must be submitted to the
				commission in care of the Texas Department of Banking, 2601 North Lamar
				Boulevard, Austin, Texas 78705. No filing fee is required.
(b) On or before the 15th day after initial
				submission of an application, the department shall issue a written notice
				informing the applicant either that the application is complete and accepted
				for filing, or that the application is deficient and specific additional
				information is required. The applicant must supply any additional information
				requested by the department on or before the 61st day after the date of initial
				submission of the filing. Upon a finding of good and sufficient cause, the
				department shall grant an applicant additional time to complete the
				application. Extensions will be communicated to the applicant before the
				expiration of the filing period.
(c) After the issuance of written notice
				informing the applicant that the application is complete and accepted for
				filing, the department shall evaluate the application to the extent necessary
				to make a written recommendation to the commission under the criteria set forth
				in § 6.5 of this title. The department shall submit the completed
				application and the department's recommendation to the commission for decision
				at the next regularly scheduled meeting of the commission, which must be on or
				before the 120th day after the date the completed application is accepted for
				filing.
(d) If the finance
				commission approves the application, the department shall notify the interested
				parties as required by Finance Code, §
									RSA
				279.055(b).
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 6 - BANKING DEVELOPMENT DISTRICTS › Section 6.5 - Criteria for Approval

Current through Reg. 49, No. 28; July 12, 2024
In determining whether to approve an application for the
				  designation of a banking development district, the commission shall take into
				  consideration the following criteria:
(1) the location, number, and proximity of
				sites where banking services are available in the proposed district;
(2) consumer needs for banking services in
				the proposed district;
(3) the
				economic viability and local credit needs of the community in the proposed
				district;
(4) the existing
				commercial development in the proposed district;
(5) the impact additional banking services
				would have on potential economic development in the proposed
				district;
(6) the physical size and
				cohesiveness of the proposed district; and
(7) the history of the availability of
				banking services in the proposed district.
Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 1 - FINANCE COMMISSION OF TEXAS › Chapter 6 - BANKING DEVELOPMENT DISTRICTS › Section 6.6 - Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) A local
				government that receives approval for a district under this chapter shall
				notify the department in writing on or before the 21st day after the date:
(1) the financial institution opens a branch
				in the district and the address of the branch; and
(2) the financial institution closes a branch
				in the district.