1. (a) General. A foreign bank corporation may operate a representative office in this state whether or not it possesses a license to operate as a foreign bank agency in this state. A representative office is not considered a place of business for purposes of the Finance Code, §39.107(a).

2. (b) Statement of registration. A foreign bank corporation that does not possess a license to operate a foreign bank agency in this state shall file with the banking commissioner a statement of registration to establish a representative office in this state, and may proceed to establish its representative office or offices immediately after receipt of written confirmation from the banking commissioner that the statement of registration is complete and accepted for filing and all required fees have been paid. The statement of registration must be in English, subscribed to and acknowledged by an officer of the foreign bank corporation or another duly authorized agent, and must include the following:

   1. (1) a copy of the full registration form, application, filing, or notice submitted to the Board of Governors of the Federal Reserve System under 12 United States Code, §3107;
   2. (2) the name, address and phone number of the principal office in the country of domicile of the foreign bank corporation;
   3. (3) a certified copy of the foreign bank corporation's articles of incorporation and bylaws, or other equivalent constitutive documents. If the documents are in a language other than English, an attached English translation of the documents, under the oath of the translator, must be attached;
   4. (4) the street and post office address, phone number and county where each representative office is to be located in this state;
   5. (5) the name, title, and qualifications of each officer and director of the foreign bank corporation who will have control of all or part of the business affairs at the representative office;
   6. (6) a complete and detailed statement of the financial condition of the foreign bank corporation as of a date not more than 360 days before the date of the filing;
   7. (7) evidence of compliance with the Finance Code, §39.003, concerning designation of the secretary of state as agent for service of process;
   8. (8) a list of those activities in which the representative office plans to engage;
   9. (9) a list of other states in which the foreign bank corporation operates and the corporate form of each such operation; and
   10. (10) the date upon which the foreign bank corporation plans to commence business at the representative office.
3. (c) Registration fees. A foreign bank corporation seeking to establish a representative office in this state must pay the registration fees established in §15.2(b) of this title (relating to Filing Fees and Cost Deposits).

4. (d) Notices. A representative office of a foreign bank corporation that does not also maintain a foreign bank agency in this state shall file the following notices in English with the banking commissioner on the designated dates:

   1. (1) notice of a change in control, merger, or other business combination of the foreign bank corporation at least 30 days before the effective date of such event;
   2. (2) notice of the closing of a representative office in this state at least 30 days before the effective date of the closing; and
   3. (3) notice of a change in location containing the street, post office and mailing address, and county of the new location at least 30 days before the effective date of the relocation.
   4. (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.

Source Note:The provisions of this §3.44 adopted to be effective September 13, 1996, 21 TexReg 8452.