Section 15.41 - Written Notice or Application for Change of Home Office(a) Relocation by notice. Unless an application under subsection (b) of this section is required, a state bank may change its home office to one of its previously established branches pursuant to the Finance Code, § RSA 32.202(b), by filing a written notice containing the information required by subsection (c) of this section, accompanied by the filing fee required by § RSA 15.2 of this title (relating to Filing and Investigation Fees). A bank may relocate its home office immediately after the required notice and fee has been acknowledged in writing as complete and accepted for filing by the banking commissioner. An application under subsection (b) of this section is required if the proposed home office relocation:(1) will result in an abandonment of all or part of the community served by the bank's present home office location; or(2) is anticipated to result in a reduction in banking services presently offered by the bank at its present home office location within the 18 month period after the effective date of the relocation.(b) Relocation by application. (1) A state bank relocating its home office must file an application setting forth the information required by subsection (c) of this section, accompanied by the required filing fee pursuant to § RSA 15.2 of this title if it is a relocation pursuant to: (A) the Finance Code, § RSA 32.202(b) and subsection (a) of this section does not apply; or(B) the Finance Code, § RSA 32.202(c).(2) An eligible bank may file an expedited application pursuant to § RSA 15.3 of this title (relating to Expedited Filings).(3) On or before the 15th day after initial submission of an application, the banking commissioner will issue the written notice required by § RSA 15.4(b) of this title (relating to Required Information and Abandoned Filings).(4) Except as otherwise provided in this section and to the extent applicable, the banking commissioner will evaluate an application under this subsection in light of the Finance Code, § RSA 32.202(d), and apply the criteria applicable to an application for a branch office under § RSA 15.42(e) of this title (relating to Establishment and Closing of a Branch Office).(5) An applicant under this subsection may not relocate its home office without the prior written approval of the banking commissioner.(c) Contents of notice or application. The notice filed under subsection (a) of this section or the application submitted under subsection (b) of this section must disclose: (1) the name of the bank requesting the home office relocation;(2) the street address of the bank's home office before the requested home office relocation;(3) the street address of the bank's proposed home office;(4) the effective date of the home office relocation under subsection (a) of this section, or the requested effective date for a proposed home office relocation under subsection (b) of this section;(5) a copy of the resolution adopted by the bank's board of directors authorizing the proposed home office relocation;(6) a written statement signed by the principal executive officer of the bank or a majority of the bank's board of directors stating whether or not the proposed home office relocation will result in an abandonment of all or part of the community served by the bank's present home office location and, if so, an explanation of how the abandonment promotes the public convenience and advantage;(7) a written statement signed by the principal executive officer of the bank or a majority of the bank's board of directors stating whether or not, within the 18 month period after the proposed effective date of the relocation, a reduction in banking services presently offered by the bank at its present home office location is anticipated and, if so, an explanation of: (A) the anticipated reduction in banking services; and(B) how: (i) the diminution in services is consistent with the original determination of public necessity for the establishment of the bank at its existing location; or(ii) the public convenience and advantage would be promoted by the home office relocation;(8) a description of any actual, proposed, or contemplated financial involvement in the home office relocation by an officer, director, manager, managing participant, or principal shareholder or participant of the state bank;(9) evidence that the bank has considered the applicability of federal law governing main office or branch closing or relocation, such as RSA 1828(d)(1), and regulations and policy statements issued thereunder; and(10) other information as the banking commissioner may require.(d) Public notice. (1) Within 14 days prior to or 14 days after the initial submission of a written application under subsection (b) of this section, the applicant must publish notice of the submission, as required by § RSA 15.5 of this title (relating to Public Notice). Notice must be published in the community where the current home office of the bank is located and in the community of the proposed home office.(2) The notice must contain the content required by § RSA 15.5(b) of this title, the current home office address, and the proposed home office address.(e) Public comment and protest. For 14 days after publication of the notice or longer if the banking commissioner allows more time for good cause shown, the public may submit written comments or protests regarding an application under subsection (b) of this section. There is no fee or cost for submitting a comment, but persons commenting are not entitled to further notice of or participation in the proceedings. In the event of a properly filed protest, each protesting party has the rights and responsibilities of a protesting party to a branch application under § RSA 15.42 of this title.(f) Certificate of Formation. An amendment to the certificate of formation of the state bank is not required to effect a change in the location of its home office. However, if the certificate of formation is subsequently amended or restated, the resulting certificate of formation must include the bank's current home office address.7 Tex. Admin. Code § 15.41
The provisions of this §15.41 adopted to be effective January 5, 1996, 20 TexReg 10999; amended to be effective September 13, 1996, 21 TexReg 8455; amended to be effective January 7, 2004, 29 TexReg 80; amended to be effective November 8, 2012, 37 TexReg 8779; amended to be effective November 7, 2013, 38 TexReg 7687; Amended by Texas Register, Volume 44, Number 52, December 27, 2019, TexReg 8233, eff. 1/2/2020