Section 3.44 - Statements of Registration, Notices and Filings Related to Foreign Bank Representative Offices(a) General. A foreign bank may establish a representative office in this state whether or not the foreign bank is authorized to maintain a Texas branch or agency.(b) Applicability. This section applies only to a foreign bank that does not maintain a Texas branch or agency. A foreign bank that maintains a Texas branch or agency is not subject to this section and may establish a representative office by providing the notice required under § RSA 3.41(c) of this title (relating to Applications, Notices and Reports Related to Foreign Bank Branches and Agencies).(c) Statement of registration. To establish a representative office in this state, a foreign bank shall file with the banking commissioner a statement of registration on the form prescribed by the department. The statement of registration must: (1) be in English and be signed, sworn to and acknowledged by an officer of the foreign bank;(2) be fully completed and provide the information and include as attachments the documentation specified in the registration form and the department's instructions, including the information and documentation required under the Finance Code, § RSA 204.201, and such other information and documentation as the banking commissioner reasonably requests; and(3) be accompanied by the registration fee established in § RSA 15.2(b) of this title (relating to Filing and Investigation Fees).(d) Commencement of operations. A foreign bank may establish its representative office upon receipt of written confirmation from the banking commissioner that the statement of registration is complete and all required fees have been paid.(e) Separate statement of registration required. A statement of registration must be filed for each representative office a foreign bank establishes in this state. If a foreign bank has established an initial representative office in accordance with this section, the banking commissioner may waive one or more of the informational requirements of the statement of registration form with respect to any additional Texas representative office the foreign bank seeks to establish. However, payment of the registration fee provided for in § RSA 15.2(b) of this title (relating to Filing and Investigation Fees) may not be waived.(f) Notices. A foreign bank that maintains a representative office in this state shall file the following notices in English with the banking commissioner: (1) the change of control notice required under the Finance Code, § RSA 204.005;(2) notice of the closing of a representative office in this state at least 30 days before the effective date of the closing;(3) notice of a change in location containing the street, post office and mailing address of the new location at least 30 days before the effective date of the relocation; and(4) copies of other notices or applications filed with a federal regulator affecting the representative office in this state, at the time filed with the federal regulator.7 Tex. Admin. Code § 3.44
The provisions of this §3.44 adopted to be effective March 9, 2006, 31 TexReg 1643; Amended by Texas Register, Volume 43, Number 26, June 29, 2018, TexReg 4452, eff. 7/5/2018; Amended by Texas Register, Volume 47, Number 35, September 2, 2022, TexReg 5330, eff. 9/8/2022