Section 21.9 - Corporate Filings(a) In accordance with the applicable provisions of the Trust Company Act, the following corporate forms regarding a state trust company, along with the applicable filing fees, must be filed with the banking commissioner: (1) a certificate of correction as authorized by Texas Business Organizations Code (TBOC), §4.101;(2) certificate of amendment under the Finance Code, § RSA 182.101;(3) restated, or, amended and restated, certificate of formation under the Finance Code, § RSA 182.101, and TBOC §3.059 and §21.052;(4) certificate of merger under the Finance Code, § RSA 182.301 et seq, as supplemented by the TBOC §10.151;(5) certificate of exchange under TBOC, §10.151;(6) statement of event or fact pursuant to TBOC §4.055;(7) establishment of a series of shares by the board of directors under the Finance Code, § RSA 182.102, as supplemented by TBOC §21.155 and §21.156;(8) statement regarding a restriction on the transfer of shares under TBOC, §21.212; and(9) abandonment of a merger or interest exchange prior to its effective date under TBOC §4.057.(b) For purposes of corporate filings with the banking commissioner under subsection (a) of this section, state trust companies may utilize a modified version of forms promulgated by the secretary of state if the banking commissioner or the finance commission has not promulgated an appropriate corporate form; however, the banking commissioner may require the submission of additional information. The modified corporate forms must: (1) specifically reference the applicable provisions of the Finance Code;(2) change references from "corporation" to "association"; and(3) change the references to "stated capital" and similar terms defined in the TBOC to an appropriate reference to terms defined in the Finance Code.(c) In accordance with the applicable provisions of the Finance Code and the TBOC, a state trust company may file the following corporate forms with the secretary of state as instructed in the Finance Code or the TBOC: (1) name registrations under TBOC §§5.151 - 5.155;(2) assumed name certificates under TBOC §5.051;(3) a statement appointing an agent authorized to receive service of process under Finance Code § RSA 201.103;(4) an amendment to a statement appointing an agent to receive service of process under Finance Code § RSA 201.103; and(5) a cancellation of the appointment of an agent to receive service of process under Finance Code § RSA 201.103.(d) The following corporate forms are inapplicable to state trust companies and are not required to be filed by a state trust company with either the secretary of state or the banking commissioner: (1) changes of registered office or agent under TBOC §5.202 or §5.203;(2) name reservations under TBOC §5.101;(3) certificate of termination under TBOC §11.101; and(4) certificate of reinstatement under TBOC §11.202.7 Tex. Admin. Code § 21.9
The provisions of this §21.9 adopted to be effective July 10, 2008, 33 TexReg 5277; amended to be effective September 9, 2010, 35 TexReg 8102; amended to be effective November 7, 2013, 38 TexReg 7690