Sec. 32.003. APPLICATION FOR STATE BANK CHARTER; STANDARDS FOR APPROVAL. (a) An application for a state bank charter must be made under oath and in the form required by the banking commissioner, who shall inquire fully into the identity and character of each proposed director, officer, and principal shareholder. The application must be accompanied by all charter fees and deposits required by law.
(b) The banking commissioner shall grant a state bank charter only if the commissioner determines that the organizers have established that public convenience and advantage will be promoted by the establishment of the state bank. In determining whether public convenience and advantage will be promoted, the banking commissioner shall consider the convenience of the public to be served and whether:
(1) the organizational and capital structure and amount of initial capitalization is adequate for the business plan;
(2) the anticipated volume and nature of business indicates a reasonable probability of success and profitability based on the market sought to be served;
(3) the officers and directors as a group have sufficient banking experience, ability, standing, competence, trustworthiness, and integrity to justify a belief that the bank will operate in compliance with law and that success of the bank is probable;
(4) each principal shareholder has sufficient experience, ability, standing, competence, trustworthiness, and integrity to justify a belief that the bank will be free from improper or unlawful influence or interference with respect to the bank's operation in compliance with law; and
(5) the organizers are acting in good faith.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 528, Sec. 5, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 9, eff. September 1, 2007.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Chapter 32 - Powers, Organization, and Financial Requirements
Subchapter A. Organization and Powers in General
Section 32.001. Organization and General Powers of State Bank
Section 32.002. Certificate of Formation of State Bank
Section 32.003. Application for State Bank Charter; Standards for Approval
Section 32.004. Notice and Investigation of Charter Application
Section 32.005. Protest; Hearing; Decision on Charter Application
Section 32.006. Issuance of Certificate of Authority
Section 32.007. Deadline to Begin Business
Section 32.008. Application of General Corporate Law
Section 32.009. Parity Between State and National Banks