Section 15.2 - Filing and Investigation Fees(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 § RSA 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 § RSA 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 § RSA 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.(c) Filing fee for protest. A person or entity filing a protest to the application of another person or entity shall pay a fee of $2,500 simultaneously with such protest filing. The purpose of the fee required under this subsection is to partially offset the department's increased cost of processing and reduce the costs incurred by the applicant resulting solely from the protest.(d) Investigative fees and costs. An applicant for a bank charter or conversion to a state bank shall pay an investigation fee of $10,000 once the application has been accepted for filing. If required by the banking commissioner, an applicant under another type of application or filing listed in subsection (b) of this section shall pay the reasonable investigative costs of the department incurred in any investigation, review, or examination considered appropriate by the department, calculated as provided by § RSA 3.36(h) of this title (relating to Annual Assessments and Specialty Examination Fees). Such investigation fee or costs must be paid by the applicant upon written request of the department. Failure to timely pay the investigation fee or a bill for investigative costs constitutes grounds for denial of the submitted or accepted filing.(e) Reduction or waiver of fees. Fees paid are nonrefundable and the banking commissioner shall charge fees on a consistent and nondiscriminatory basis. However, in the exercise of discretion, the banking commissioner may reduce, waive, or refund all or part of a filing fee, investigation fee, or bill for investigative costs if the banking commissioner concludes that: (1) the application demonstrates that the fee creates an unreasonable hardship on the applicant; or(2) the nature of the application will result in substantially reduced processing time compared to normal expectations for an application of that type.(f) Severability. If any fee or cost recovery set forth in this section is finally determined by a court of competent jurisdiction to be invalid, that fee or cost recovery shall be severed from this section and the remainder of this section shall remain fully enforceable.7 Tex. Admin. Code § 15.2
The provisions of this §15.2 adopted to be effective January 5, 1996, 20 TexReg 10999; amended to be effective November 13, 1997, 22 TexReg 10955; amended to be effective March 12, 1998, 23 TexReg 2287; amended to be effective November 12, 2003, 28 TexReg 9825; amended to be effective March 8, 2012, 37 TexReg 1497; amended to be effective November 8, 2012, 37 TexReg 8779; amended to be effective January 2, 2014, 38 TexReg 9482; Amended by Texas Register, Volume 41, Number 18, April 29, 2016, TexReg 3099, eff. 5/5/2016; Amended by Texas Register, Volume 44, Number 52, December 27, 2019, TexReg 8232, eff. 1/2/2020