1. (a) Required information. Pursuant to the Finance Code, §32.204(b), a state bank is required to notify the banking commissioner of its intent to establish a loan production office in this state. The banking commissioner must be notified in writing before the 31st day preceding the date of establishment of the loan production office, except that the banking commissioner may waive or shorten the period if the banking commissioner does not have a significant supervisory or regulatory concern regarding the bank or its planned loan production office. The written notification must include the physical address of the planned loan production office, a list of the specific activities to be performed at the planned loan production office, the anticipated date for the establishment of the loan production office, and other information which the banking commissioner may reasonably request.
2. (b) Relocation or closure of a loan production office. A state bank which seeks to relocate or close an established loan production office in this state, shall notify the banking commissioner in writing before the fifth day preceding the date of the planned relocation or closure of the loan production office. The written notification must include the physical address of the relocated or closed loan production office, the anticipated date for the closure or relocation of the loan production office, and other information which the banking commissioner may reasonably request.
3. (c) Exemption: temporary loan production offices. Subsections (a) and (b) of this section do not apply to a loan production office which operates for less than a total of 21 days in any one 12-month period. Instead, state banks shall register the location of a temporary loan production office with the banking commissioner no later than the tenth day after such office is opened. As a part of such notice, the bank may indicate the anticipated repeated use of such office through the year. For example, a temporary office in a convention or exposition hall used in connection with trade shows may be registered once each year with an estimate of usage throughout the year.
4. (d) Transactions with management and affiliates. A state bank establishing a loan production office involving the purchase or lease of personal or real property from an officer, director, manager, managing participant, or principal shareholder or participant of the bank or an affiliate of the bank, must comply with the provisions of the Finance Code, §33.109, and §3.22 of this title (relating to Sale and Lease Agreements with an Officer, Director, Principal Shareholder, or Affiliate).
5. (e) Parity with national banks. A state bank that intends to exercise an activity at a loan production office in this state that is prohibited by the Finance Code, §33.204(a), but is allowable for a national bank domiciled in this state, shall notify the banking commissioner in accordance with the provisions of the Finance Code, §32.009(b).
6. (f) Out-of-state banks. A bank not domiciled or primarily located in this state which seeks to establish a loan production office in this state must comply with the provisions of the Finance Code, §59.001.
7. (g) Foreign bank corporations. A banking corporation or association incorporated or organized under the laws of jurisdiction other than the United States or a state, territory, commonwealth, or other political subdivision of the United States, must comply with the provisions of the Finance Code, §39.003.

Source Note:The provisions of this §3.91 adopted to be effective November 22, 1996, 21 TexReg 11098.