Section 21.2 - Filing and Investigation Fees(a) Types of fees. Subsection (b) of this section contains filing fees for specified applications and notices submitted to the department, and subsection (c) of this section requires a fee for protesting an application. These fees are due at the time the application or protest is submitted. 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) $10,000 for an application for trust company charter pursuant to Finance Code, § RSA 182.003;(2) $5,000 for an application for conversion of exempt trust company to non-exempt pursuant to Finance Code, § RSA 182.011(d);(3) $7,500 for an application to authorize a merger or share exchange pursuant to Finance Code, § RSA 182.302, and § RSA 21.64 of this title (relating to Application for Merger or Share Exchange), or $4,000 for an application accepted for expedited treatment pursuant to § RSA 21.63 of this title (relating to Expedited Filings);(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 pursuant to Finance Code, § RSA 182.401, if the purchase price exceeds an amount equal to three times the sum of the trust company's equity capital less intangible assets;(6) $2,500 for an application to authorize the sale of substantially all assets pursuant to Finance Code, § RSA 182.405;(7) $1,000 for a subsidiary notice letter pursuant to Finance Code, § RSA 184.103(c), plus an amount up to an additional $3,500 if the banking commissioner notifies the applicant that additional information and analysis is required;(8) $10,000 for an application regarding acquisition of control pursuant to Finance Code, § RSA 183.002, or $5,000 if the applicant has previously been approved to control another trust company and no material changes in the applicant's circumstances have occurred since the prior approval;(9) $500 for a notice to change home office with no abandonment of existing office pursuant to Finance Code, § RSA 182.202(c), and § RSA 21.41(a) of this title (relating to Written Notice and Application for Change of Home Office);(10) $2,000 for an application to relocate the home office with abandonment of existing office pursuant to Finance Code, § RSA 182.202(d), and § RSA 21.41(b) of this title, or $1,000 for an application accepted for expedited treatment pursuant to § RSA 21.3 of this title (relating to Expedited Filings);(11) $500 for a notice of additional office pursuant to Finance Code, § RSA 182.203(a), and § RSA 21.42 of this title (relating to Establishment, Relocation and Closing of an Additional Office), plus an additional $1,500 if the banking commissioner notifies the applicant pursuant to Finance Code, § RSA 182.203(b), and § RSA 21.42(c) of this title that additional information and analysis is required;(12) $500 for an application for release from a final removal or prohibition order pursuant to Finance Code, § RSA 185.0071;(13) $300 for an application to amend a trust company charter (certificate of formation) pursuant to Finance Code, § RSA 182.101;(14) $2,500 for an application to authorize a reverse stock split subject to the substantive provisions of § RSA 21.92 of this title (relating to Amendment of Certificate to Effect a Reverse Stock Split);(15) $100 for a request for a "no objection" letter to use a name containing a term listed in Finance Code, § RSA 181.004, by an entity other than a depository institution or a trust company;(16) $1,000 for an application to authorize acquisition of treasury stock pursuant to Finance Code, § RSA 184.102, and § RSA 21.91 of this title (relating to Acquisition and Retention of Shares as Treasury Stock);(17) $1,000 for an application to authorize an increase or reduction in capital and surplus pursuant to Finance Code, § RSA 182.103;(18) $2,500 for an application by an existing trust company for exemption pursuant to Finance Code, § 182.012, and § RSA 21.24 of this title (relating to Exemptions for Family Trust Companies);(19) $2,500 for an application for authority to accept deposits pursuant to Finance Code, §§ RSA 182.101, RSA 184.301, and RSA 184.302, and § RSA 21.31 of this title (relating to Notice to Engage in Trust Deposits);(20) $100 for the annual certification filing for an exempt trust company pursuant to Finance Code, § RSA 182.013;(21) $10,000 for an application to convert from a trust institution to a state trust company pursuant to Finance Code, § RSA 182.502; and(22) $500 for a request to the banking commissioner to exempt an acquisition of control transaction from the requirements of Finance Code, § RSA 183.001, pursuant to Finance Code, § RSA 183.001(d)(4), which fee will be applied to a subsequent application for approval of an acquisition of control if the exemption is denied.(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 trust company charter, conversion from an exempt trust company to a non-exempt trust company or limited trust association, or conversion of a trust institution to a state trust company 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 17.22(a) of this title (relating to Examination and Investigation 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 § 21.2
The provisions of this §21.2 adopted to be effective March 12, 1998, 23 TexReg 2290; amended to be effective July 2, 1998, 23 TexReg 6715; amended to be effective December 31, 1998, 23 TexReg 13022; amended to be effective September 5, 2002, 27 TexReg 8203; amended to be effective January 2, 2014, 38 TexReg 9484; Amended by Texas Register, Volume 44, Number 52, December 27, 2019, TexReg 8236, eff. 1/2/2020