Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 4 - DEPARTMENT OF SAVINGS AND MORTGAGE LENDING › Chapter 60 - SAVINGS ASSOCIATIONS › Subchapter B - APPLICATIONS › Division 2 - CHARTER APPLICATIONS AND AMENDMENTS › Section 60.122 - Change of Name

Current through Reg. 49, No. 28; July 12, 2024
(a) Approval
					 Required. A savings association may not change its name without the prior
					 written approval of the Commissioner, and a savings association may not operate
					 under any name which has not been approved by the Commissioner in
					 writing.
(b) Public Notice. An
					 applicant seeking to change its name must publish a public notice of the
					 application as provided by §
											60.103 of this title (relating to
					 Public Notice of Application), which must be published in the county where the
					 savings association has its home office.
(c) Request for Hearing; Deadline to Protest.
					 A person affected by the proposed name change may protest or otherwise request
					 a hearing on the change of name application as provided by Finance Code §
											62.011. Any person
					 affected by the proposed name change and desiring to protest the application or
					 otherwise requesting a hearing on the application must file a written protest
					 with the Department on or before 10 days after the date the public notice is
					 made as provided by subsection (b) of this section, otherwise, any right or
					 opportunity to protest or have a hearing on the application under Finance Code
					 §
											62.011 is deemed
					 waived.
(d) Persons Affected by the
					 Change of Name. A person is affected by a change of name for purposes of
					 Finance Code §
											62.011 only if the
					 requested name change, if granted, would result in the savings association's
					 name being substantially or deceptively similar to the party alleged to be
					 affected, or is otherwise reasonably anticipated to create confusion in the
					 marketplace involving the party alleged to be affected. A person requesting a
					 hearing on a change of name application must allege and provide information in
					 support of the request indicating they are a person that might be affected by
					 the proposed name change as provided by this section. The Commissioner will
					 review the request for hearing and determine, in his or her sole discretion, if
					 the person might be affected so as to require a hearing under Finance Code
					 §
											62.011.
(e) Hearing. If a hearing is required, the
					 Commissioner will set a hearing on the application on or before 60 days after
					 the date the protest or request for hearing and the required fee are received.
					 The hearing is governed by the procedural requirements concerning contested
					 cases contained in Chapter 9 of this title (relating to Rules of Procedure for
					 Contested Case Hearings, Appeals, and Rulemakings).
(f) Time of Decision. To the extent a hearing
					 on the application is required, the Commissioner will render a decision on or
					 before 30 days after the date the hearings officer issues his or her proposal
					 for decision and the applicable time period for filing exceptions to the
					 proposal for decision and replies to such exceptions lapsed without the
					 hearings officer amending the proposal for decision. If a hearing on the
					 application is not required, the Commissioner will render a decision on or
					 before 30 days after the time period for protesting or requesting a hearing on
					 the application lapsed as provided by subsection (c) of this section.