(a) A bank authorized by its charter to conduct a trust business that maintains its principal office or a branch in this state in accordance with governing law may freely establish one or more representative trust offices in this state to the extent authorized by its primary regulator and governing law, except that a foreign bank must comply with Finance Code, §204.106 in lieu of this section.
(b) An out-of-state bank authorized by its charter to conduct a trust business that has not established or acquired a branch in this state may establish a representative trust office in this state:
  (1) if not chartered by a federal banking regulatory agency and not insured by the Federal Deposit Insurance Corporation, only after complying with §21.44 of this title (relating to Representative Trust Offices of Out-of-State Trust Companies and Uninsured State Banks); or
  (2) if chartered by a federal banking regulatory agency or insured by the Federal Deposit Insurance Corporation, after filing a written notice with the banking commissioner disclosing:
    (A) the name of the institution and the address of its principal office;
    (B) the physical address and the proposed opening date of the proposed office;
    (C) a description of proposed activities at the office consistent with the limitations of Finance Code, §187.201;
    (D) copies of any regulatory notices, filings, or publications required by the trust institution's home state regulator and/or its primary federal regulator regarding the establishment of the office; and
    (E) a copy of the institution's registration filed with the secretary of state pursuant to Finance Code, §201.102.
(c) An out-of-state bank that has established and is maintaining a representative trust office in this state pursuant to subsection (b) of this section may establish additional representative trust offices in this state without providing notice to the banking commissioner.

Source Note: The provisions of this §21.43 adopted to be effective May 5, 2016, 41 TexReg 3101; amended to be effective January 2, 2020, 44 TexReg 8236