Sec. 182.012. APPLICATION FOR EXEMPTION. (a) A state trust company requesting an exemption under Section 182.011 shall file an application with the banking commissioner that includes:
(1) a nonrefundable application fee set by the finance commission;
(2) a detailed sworn statement showing the state trust company's assets and liabilities as of the end of the calendar month preceding the filing of the application;
(3) a sworn statement of the reason for requesting the exemption;
(4) a sworn statement that the state trust company:
(A) has or will have only family clients and transacts or will transact business solely on behalf of family clients and their related interests;
(B) is or will be wholly owned, directly or indirectly, legally or beneficially, by one or more family members;
(C) does not or will not hold itself out to the general public as a corporate fiduciary for hire; and
(D) will not transact business with the general public without the prior written permission of the banking commissioner;
(5) the current street mailing address and telephone number of the physical location in this state at which the state trust company will maintain its books and records, with a sworn statement that the address given is true and correct and is not a United States Postal Service post office box or a private mail box, postal box, or mail drop; and
(6) a list of the specific provisions of this subtitle for which the request for an exemption is made.
(b) The banking commissioner may not approve an exemption unless the application is completed as required by Subsection (a).
(c) In this section, "family client" and "family member" have the meanings assigned by Section 182.011.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 250 (S.B. 875), Sec. 6, eff. September 1, 2015.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Chapter 182 - Powers, Organization, and Financial Requirements
Subchapter A. Organization and Powers in General
Section 182.001. Organization and General Powers of State Trust Company
Section 182.002. Certificate of Formation of State Trust Company
Section 182.003. Application for State Trust Company Charter; Standards for Approval
Section 182.004. Notice and Investigation of Charter Application
Section 182.005. Protest; Hearing; Decision on Charter Application
Section 182.006. Issuance of Charter
Section 182.007. Deadline to Begin Business
Section 182.008. Restricted Capital
Section 182.009. Application of General Corporate Law
Section 182.0105. Financial Activities
Section 182.011. Exemption From Statutory Provisions for Certain State Trust Companies
Section 182.012. Application for Exemption
Section 182.013. Annual Certification for Exempt State Trust Company
Section 182.014. Limitation on Effect of Exemption
Section 182.015. Change of Control of Exempt State Trust Company
Section 182.016. Grounds for Revocation of Exemption
Section 182.017. Notice and Effect of Revocation of Exemption
Section 182.018. Action After Revocation of Exemption
Section 182.019. Prior Exemption
Section 182.020. Foreign Corporation Exercising Trust Powers