FINANCE CODE
CHAPTER 97. HOLDING COMPANIES
§ 97.001. RULES. (a) The finance commission shall
adopt rules:
(1) providing for the registration of and reporting by
holding companies;
(2) setting limitations on the activities and
investments of holding companies; and
(3) concerning other matters as appropriate under this
chapter.
(b) The finance commission may adopt rules governing
transactions between a subsidiary savings bank of a holding company
and an affiliate of the subsidiary.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. Amended
by Acts 2001, 77th Leg., ch. 867, § 63, eff. Sept. 1, 2001.
§ 97.002. REGISTRATION. (a) A holding company shall
register with the commissioner, on a form prescribed by the
commissioner, not later than the 90th day after the date the company
becomes a holding company.
(b) The registration must include information, including
information on related matters the commissioner determines is
necessary and appropriate, regarding the holding company's and its
subsidiaries':
(1) financial condition;
(2) ownership;
(3) operations;
(4) management; and
(5) intercompany relations.
(c) The commissioner may require the registration to be
under oath.
(d) On application, the commissioner may extend the time
limit under Subsection (a).
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 97.003. RELEASE FROM REGISTRATION. The commissioner,
on the commissioner's own motion or on application, may release a
registered holding company from the registration if the
commissioner determines that the company no longer controls a
savings bank.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 97.004. REPORTS. (a) Each holding company and each
subsidiary of a holding company, other than a savings bank, shall
file with the commissioner reports required by the commissioner.
(b) Each report must:
(1) be made under oath;
(2) be in the form and for the period prescribed by the
commissioner; and
(3) contain information concerning the operations of
the holding company and its subsidiaries as required by the
commissioner.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 97.005. BOOKS AND RECORDS. Each holding company shall
maintain books and records as required by the commissioner.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 97.006. EXAMINATIONS. (a) The commissioner may
require an examination of a holding company and each subsidiary of a
holding company.
(b) The holding company shall pay the cost of an
examination.
(c) The confidentiality provisions of Subchapter H, Chapter
96, apply to this section.
(d) The commissioner may furnish examination and other
reports to any appropriate governmental department, agency, or
instrumentality of this state, another state, or the United States.
(e) For purposes of this section, the commissioner, if
feasible, may use reports filed with or examinations made by
appropriate federal agencies or regulatory authorities of other
states.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.
§ 97.007. AGENT FOR SERVICE OF PROCESS. The
commissioner may require a holding company or a person, other than a
corporation, connected with a holding company to execute and file
an irrevocable appointment of agent for service of process on a form
prescribed by the commissioner.
Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.