Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 2 - TEXAS DEPARTMENT OF BANKING › Chapter 15 - CORPORATE ACTIVITIES › Subchapter A - FEES AND OTHER PROVISIONS OF GENERAL APPLICABILITY › Section 15.2 - Filing and Investigation Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Types of fees. Subsection (b) of this
				  section contains filing fees for specified applications and notices filed with
				  the department, and subsection (c) of this section requires a fee for
				  protesting an application. These fees are due at the time of filing the
				  application or protest. Subsection (d) of this section requires an
				  investigation fee to be paid in certain cases once an application has been
				  accepted by the department for filing, and in other cases may require payment
				  of investigative costs upon written request of the department. Pursuant to
				  subsection (e) of this section, an applicant may seek waiver or reduction of
				  required fees.
(b) Filing fees.
				  Simultaneously with a submitted application or notice, an applicant shall pay
				  to the department:
(1) $15,000 for an
				  application for bank charter pursuant to Finance Code, §
											RSA
				  32.003, provided that the department will not
				  require a filing fee for an application for a bank charter to be located in a
				  low or moderate income area and where no other depository institution operates
				  a branch or home office;
(2) a fee
				  for an application for conversion to a state bank charter pursuant to Finance
				  Code, §
											RSA
				  32.502, and §
											RSA
				  15.108 of this title (relating to Conversion
				  of a Financial Institution into a State Bank), based on total assets as
				  follows, except that the listed fee may be reduced by 50% if the application is
				  eligible for expedited treatment pursuant to §
											RSA 15.103 of
				  this title (relating to Expedited Filings):
(A) $5,000 for an applicant with total assets
				  of less than $100 million;
(B)
				  $10,000 for an applicant with total assets of $100 million or more but less
				  than $500 million;
(C) $15,000 for
				  an applicant with total assets of $500 million or more but less than $1
				  billion; or
(D) $25,000 for an
				  applicant with total assets of more than $1 billion;
(3) a fee for an application to authorize a
				  merger or share exchange (including an interstate transaction) pursuant to
				  Finance Code, §
											RSA
				  32.302, and §
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				  15.104 of this title (relating to Application
				  for Merger or Share Exchange), based on total combined assets as follows:
(A) $7,500 for a merger or share exchange
				  with combined assets of less than $1 billion, or $4,000 if the application is
				  eligible for expedited treatment pursuant to §
												RSA 15.103 of
				  this title; or
(B) $15,000 for a
				  merger or share exchange with combined assets of $1 billion or more, or $7,500
				  if the application is eligible for expedited treatment pursuant to §
												RSA 15.103 of
				  this title;
(4) $2,000
				  for each request to authorize an additional merger if more than one affiliated
				  merger is to occur simultaneously;
(5) $5,000 for an application to authorize a
				  purchase of assets exceeding three times the amount of the bank's unimpaired
				  capital and surplus (including an interstate transaction) pursuant to Finance
				  Code, §
											RSA
				  32.401, and §
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				  15.105 of this title (relating to Application
				  for Authority to Purchase Assets of Another Financial Institution), or $2,500
				  if the application is eligible for expedited treatment pursuant to §
											RSA 15.103 of
				  this title;
(6) $2,500 for an
				  application to authorize the sale of assets exceeding three times the amount of
				  unimpaired capital and surplus (including an interstate transaction) pursuant
				  to Finance Code, §
											RSA 32.405, and
				  §
											RSA
				  15.106 of this title (relating to Application
				  for Authority to Sell Assets);
(7)
				  $2,000 for an application to establish a branch office (including an interstate
				  transaction) pursuant to Finance Code, § 32.203, and §
											RSA
				  15.42 of this title (relating to
				  Establishment and Closing of a Branch Office), or $1,000 if the application is
				  eligible for expedited treatment pursuant to §
											RSA 15.3 of
				  this title (relating to Expedited Filings), provided that the department will
				  not require a filing fee for an application for a new branch office to be
				  located in a low or moderate income area and where no other depository
				  institution operates a branch or home office;
(8) $200 for a notice of branch relocation
				  pursuant to §
											RSA
				  15.42(j) of this
				  title;
(9) $1,000 for a subsidiary
				  notice letter pursuant to Finance Code, §
											RSA 34.103,
				  plus an amount up to an additional $3,500 if the banking commissioner notifies
				  the applicant that additional information and analysis is required;
(10) $10,000 for an application regarding
				  acquisition of control pursuant to Finance Code, §
											RSA
				  33.002, and §
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				  15.81 of this title (relating to Application
				  for Acquisition or Change of Control of State Bank), or $5,000 if the applicant
				  has previously been approved to control another state bank and no material
				  changes in the applicant's circumstances have occurred since the prior
				  approval;
(11) $500 for a notice to
				  change the home office to an existing branch office while retaining the
				  existing home office as a branch office pursuant to Finance Code, §
											RSA 32.202, and
				  §
											RSA
				  15.41(a) of this title
				  (relating to Written Notice or Application for Change of Home
				  Office);
(12) $2,000 for an
				  application to relocate the home office pursuant to Finance Code, §
											RSA 32.202, and
				  §
											RSA
				  15.41(b) of this title, or
				  $1,000 if the application is eligible for expedited treatment pursuant to
				  §
											RSA 15.3 of
				  this title, provided that the fee is $5,000 for an application to relocate the
				  home office of a to-be-acquired charter without significant business
				  activities;
(13) $500 for a notice
				  regarding establishment of an office pursuant to §
											RSA 3.91
				  of this title (relating to Loan Production Offices), or §
											RSA
				  3.93 of this title (relating to Deposit
				  Production Offices);
(14) $5,000
				  for an application for a foreign bank branch or agency license pursuant to
				  Finance Code, §
											RSA
				  204.101, and §
											RSA
				  3.41(a) of this title
				  (relating to Applications, Notices and Reports Related to Foreign Bank Branches
				  and Agencies);
(15) $1,000 for the
				  statement of registration of a foreign bank representative office pursuant to
				  Finance Code, §
											RSA
				  204.201, and §
											RSA
				  3.44(b) of this title
				  (relating to Statements of Registration, Notices and Filings Related to Foreign
				  Bank Representative Offices);
(16)
				  $300 for an application to amend a bank charter (certificate of formation)
				  pursuant to Finance Code, §
											RSA
				  32.101;
(17) $2,500 for an application to authorize a
				  reverse stock split subject to the substantive provisions of §
											RSA
				  15.122 of this title (relating to Amendment
				  of Certificate to Effect a Reverse Stock Split);
(18) $2,000 for filing a copy of an
				  application to acquire a bank or bank holding company pursuant to Finance Code,
				  §
											RSA
				  202.001;
(19) $1,000 for filing a copy of an
				  application to acquire a nonbank entity pursuant to Finance Code, §
											RSA
				  202.004;
(20) $100 for a request for a "no objection"
				  letter to use a name containing a term listed in Finance Code, §
											RSA
				  31.005;
(21) $1,000 for an application to authorize
				  acquisition of treasury stock pursuant to Finance Code, §
											RSA
				  34.102, and §
											RSA
				  15.121 of this title (relating to Acquisition
				  and Retention of Shares as Treasury Stock);
(22) $1,000 for a request to authorize an
				  increase or reduction in capital and surplus pursuant to Finance Code, §
											RSA
				  32.103; and
(23) $500 for an application for release from
				  a final removal or prohibition order pursuant to Finance Code, §
											RSA
				  35.0071.