1. (a) Relocation by notice. Unless an application is required, a state bank may change its home office to one of its previously established branch locations pursuant to the Finance Code, §32.202(b), by filing a written notice setting forth the information required by subsection (c) of this section with the banking commissioner, accompanied by the required filing fee pursuant to §15.2 of this title (relating to Filing Fees and Cost Deposits). A bank filing notice for a home office relocation under this subsection may relocate its home office immediately after the required notice and fee has been acknowledged in writing as complete and accepted for filing by the banking commissioner. However, an application for prior written approval under subsection (b) of this section is required and the bank may not use the notice provisions of this subsection if the proposed home office relocation:

   1. (1) will result in an abandonment of all or part of the community served by the bank's present home office location; or
   2. (2) is anticipated to result in a reduction in banking services presently offered by the bank at its present home office location within the 18 month period after the effective date of the relocation.
2. (b) Relocation by application. A state bank desiring to change its home office to a location pursuant to the Finance Code, §32.202(b), if subsection (a) of this section does not apply, or pursuant to the Finance Code, §32.202(c), must file an application setting forth the information required by subsection (c) of this section with the banking commissioner, accompanied by the required filing fee pursuant to §15.2 of this title (relating to Filing Fees and Cost Deposits). Eligible banks may file an expedited application pursuant to §15.3 of this title (relating to Expedited Filing). The banking commissioner shall issue a written notice as required by §15.4 of this title (relating to Required Information and Abandoned Filings) informing the applicant either that all filing fees have been paid and the application is complete and accepted for filing, or that the application is deficient and specific additional information is required. Except as otherwise provided in this section and to the extent applicable, the banking commissioner shall evaluate an application under this subsection in light of the Finance Code, §32.202(d), and apply the criteria applicable to an application for a branch office under §15.42(e) of this title (relating to Establishment and Closing of a Branch Office). An applicant under this subsection may not relocate its home office without the prior written approval of the banking commissioner.

3. (c) Contents of notice or application. The notice filed under subsection (a) of this section or the application submitted under subsection (b) of this section must disclose:

   1. (1) the name of the bank requesting the home office relocation;
   2. (2) the street address of the bank's home office before the requested home office relocation;
   3. (3) the street address of the bank's proposed home office;
   4. (4) the effective date of the home office relocation under subsection (a) of this section, or the requested effective date for a proposed home office relocation under subsection (b) of this section;
   5. (5) a copy of the resolution adopted by the bank's board of directors authorizing the proposed home office relocation;
   6. (6) a written statement signed by the principal executive officer of the bank or a majority of the bank's board of directors stating whether or not the proposed home office relocation will result in an abandonment of all or part of the community served by the bank's present home office location and, if so, an explanation of how the abandonment is consistent with the original determination of public necessity for the establishment of the bank at its existing location;
   7. (7) a written statement signed by the principal executive officer of the bank or a majority of the bank's board of directors stating whether or not the proposed home office relocation is anticipated to result in a reduction in banking services presently offered by the bank at its present home office location within the 18 month period after the proposed effective date of the relocation and, if so, an explanation of the anticipated reduction in banking services and how the diminution in services is consistent with the original determination of public necessity for the establishment of the bank at its existing location;
   8. (8) a description of any actual, proposed, or contemplated financial involvement by an officer, director, manager, managing participant, or principal shareholder or participant of the state bank with respect to the home office relocation;
   9. (9) evidence that the bank has considered the applicability of federal law governing main office or branch closing or relocation, such as 12 United States Code, §1828(d)(1), and regulations and policy statements issued thereunder; and
   10. (10) such other information as the banking commissioner may require.

4. (d) Public notice.

   1. (1) Within 14 days of the initial submission of a written application under subsection (b) of this section, the applicant shall publish notice of the submission, as required by §15.5 of this title (relating to Public Notice). Notice shall be published in the community where the current home office of the bank is located and in the community of proposed home office.
   2. (2) The notice must comply with the content requirements of §15.5(b) of this title (relating to Public Notice) and must also disclose the current location and the proposed home office location.
5. (e) Public comment and protest. For a period of 14 days after publication of notice or such longer period as the banking commissioner may allow for good cause shown, the public may submit written comments or protests regarding an application under subsection (b) of this section. Persons submitting comments are not be entitled to further notice of or participation in the proceedings. In the event of a properly filed protest, each protesting party has the rights and responsibilities of a protesting party to a branch application under §15.42 of this title (relating to Establishment and Closing of a Branch Office).
6. (f) Articles of association. An amendment to the articles of association of the state bank is not required to effect a change in the location of its home office. However, if the articles of association are subsequently restated for any reason, the bank must include the address of its then current home office in the restated articles of association.

Source Note:The provisions of this §15.41 adopted to be effective January 5, 1996, 20 TexReg 10999; amended to be effective September 13, 1996, 21 TexReg 8455.