Section 15.103 - Expedited Filings(a) A financial institution that would be an eligible bank as defined in § RSA 15.1 of this title (relating to Definitions) if it was a state bank may file an expedited filing in lieu of an application required under § RSA 15.104 of this title (relating to Application for Merger or Share Exchange), § RSA 15.105 of this title (relating to Application for Authority to Purchase Assets of Another Financial Institution), or § RSA 15.108 of this title (relating to Conversion of a Financial Institution into a State Bank), and simultaneously tender the required filing fee pursuant to § RSA 15.2 of this title (relating to Filing and Investigation Fees).(b) An expedited filing consists of a letter application including, except to the extent waived by the banking commissioner, these items: (1) a summary of the transaction;(2) a current pro forma balance sheet and income statement for all parties to the transaction, with adjustments, reflecting the proposed transaction as of the most recent quarter ended immediately prior to the filing of the application, demonstrating that each resulting state bank is well capitalized as defined in Section 38, Federal Deposit Insurance Act, 12 USC § 1831o;(3) a completed Worksheet to Determine Eligibility form as prescribed by the commissioner;(4) a completed Worksheet for Expedited Filings form as prescribed by the commissioner;(5) an executed opinion of counsel conforming to the requirements of the section of this subchapter that would apply had the applicant not filed an expedited filing;(6) copies of all other required regulatory notices or filings submitted concerning the transaction; and(7) a copy of the public notice published in conformity with the section of this subchapter that would apply had the applicant not filed an expedited filing.(c) The banking commissioner must notify the applicant on or before a date that is 15 days after receipt of the application if expedited filing treatment is not available under this section for any reason. Notification must be in writing and must indicate the reason expedited treatment is not available. Notification is effective when mailed by the banking commissioner and is not subject to appeal.(d) The banking commissioner, in the exercise of discretion, may withdraw an application from expedited processing or may deny expedited filing treatment to an otherwise eligible applicant if the banking commissioner finds that the application involves one or more of these issues:(1) the proposed transaction involves significant policy, supervisory, or legal issues;(2) approval of the proposed transaction is contingent on additional statutory or regulatory approval by the banking commissioner or another state or federal regulatory agency;(3) the proposed transaction contemplates a resulting entity that is not a financial institution;(4) the proposed transaction involves a financial institution or other entity that is not domiciled in Texas;(5) the proposed transaction would cause the assets of a resulting state bank to increase more than: (A) 100% if it had total assets of one billion dollars or less prior to the transaction; or(B) 35% if it had total assets of more than one billion dollars prior to the proposed transaction;(6) the proposed transaction involves a state bank that has experienced, since the last commercial examination by a state or federal regulatory agency, asset growth, through acquisition or otherwise, greater than:(A) 100% if it had total assets of one billion dollars or less at the last examination; or(B) 35% if it had total assets of more than one billion dollars at the last examination;(7) the proposed transaction involves a resulting state bank that would not be well capitalized as defined in Section 38, Federal Deposit Insurance Act, 12 USC § 1831o;(8) the proposed transaction involves an issue of regulatory concern as determined by the banking commissioner in the exercise of discretion; or(9) the banking commissioner determines that a conversion examination is necessary for financial institutions converting into a state bank.(e) The banking commissioner must approve or deny an expedited filing on or before a date that is 30 days after the date the expedited filing is accepted for filing pursuant to § RSA 15.4 of this title (relating to Required Information and Abandoned Filings). The banking commissioner may, in the exercise of discretion, before the expiration of the period for decision, give the applicant written notice that the banking commissioner will convene a hearing to obtain evidence related to the application, and the decision will thereafter be made in accordance with § RSA 15.113 of this title (relating to Approval; Conditional Approval; Denial of Application; Hearings).(f) The applicant must supply all material information necessary for the banking commissioner to make a fully informed decision on the expedited filing.7 Tex. Admin. Code § 15.103
The provisions of this §15.103 adopted to be effective September 15, 1997, 22 TexReg 8948; amended to be effective January 7, 2004, 29 TexReg 80; amended to be effective November 8, 2012, 37 TexReg 8779; Amended by Texas Register, Volume 44, Number 52, December 27, 2019, TexReg 8233, eff. 1/2/2020; Amended by Texas Register, Volume 49, Number 10, March 8, 2024, TexReg 1457, eff. 3/12/2024