Texas Administrative Code › Title 7 - BANKING AND SECURITIES › Part 4 - DEPARTMENT OF SAVINGS AND MORTGAGE LENDING › Chapter 75 - SAVINGS BANKS › Subchapter B - [Repealed] APPLICATIONS › Division 2 - CHARTER APPLICATIONS AND AMENDMENTS › Section 75.122 - Change of Name

Current through Reg. 49, No. 28; July 12, 2024
(a) Approval
					 Required. A savings bank may not change its name without the prior written
					 approval of the Commissioner, and a savings bank 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
					 § 75.103 of this title (relating to Public Notice of Application), which
					 must be published in the county where the savings bank 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 §
											92.063.
					 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 within 10 days from the date the public
					 notice was 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 §
											92.063
					 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 §
											92.063
					 only if the requested name change, if granted, would result in the savings
					 bank'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 their 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
					 §
											92.063.
(e) Hearing. If a hearing is required, the
					 Commissioner will set a hearing on the application within 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 within
					 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 has 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 within 30 days after the
					 time period for protesting or requesting a hearing on the application lapsed as
					 provided by subsection (c) of this section.