(a) Application. To establish a Texas branch or agency, a foreign bank shall file with the banking commissioner an application for a license on the form prescribed by the commissioner. The application 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 application form and the department's instructions, including the information and documentation required under the Finance Code, §204.101, and such other information and documentation as the banking commissioner reasonably requests; and
(3) be accompanied by the application fees and applicable deposits required by §15.2 of this title (relating to Filing Fees and Cost Deposits).
(b) If a foreign bank has established an initial Texas branch or agency, the banking commissioner may waive one or more of the informational requirements of the license application form with respect to any additional Texas branches or agencies the foreign bank seeks to establish. However, payment of the application fee provided for in §15.2 of this title may not be waived.
(c) Notices. A foreign bank that maintains a Texas branch or agency shall file with the banking commissioner:
(1) the notices and applications required under the Finance Code, Chapter 204, including §§204.005, 204.008, 204.107 - 204.109 and 204.115;
(2) if the foreign bank intends to establish a Texas representative office, a notice at least thirty days before the effective date of the opening of the office that states or includes:
(3) if the foreign bank intends to establish, relocate or close a loan production office, the notice required under §3.91 of this title (relating to Loan Production Offices).
(d) Reports. A foreign bank that maintains a Texas branch or agency shall file with the banking commissioner the following reports:
(1) the reports required under the Finance Code, Chapter 204, including §204.002, and, to the extent applicable, §§3.51 - 3.62 of this title (relating to Pledge and Maintenance of Assets by Foreign Bank Licensed to Maintain Texas State Branch or Agency);
(2) an annual report, within 120 days after the close of the foreign bank's fiscal year, that is in English or accompanied by an English translation and is signed, sworn to and acknowledged by one of the authorized officers, managers, or agents transacting business in this state, and that includes:
Source Note: The provisions of this §3.41 adopted to be effective March 9, 2006, 31 TexReg 1643