This is a clone of the Texas Administrative Code (TAC) for educational purposes. It is not the official version and should not be used for legal purposes. Site created Wed, 21 May 2025 21:16:37 GMT
(a) In order to obtain approval for a subsidiary, the savings association must file with the Commissioner an application accompanied by the following information:(1) an audited financial statement in the event of acquisition of an existing company;(2) a certified board resolution of the board of the applying savings association approving the investment in the proposed subsidiary;(3) a certified copy of the certificate of formation and bylaws of the proposed subsidiary;(4) the acquisition terms, cost, or investment requirements of the savings association;(5) projected operating statements of the proposed subsidiary for the first 3 years of operation;(6) an attorney's opinion letter as to direct, indirect, and/or contingent liability of the savings association and the proposed subsidiary;(7) an outline of plans for operation of the proposed subsidiary;(8) evidence that the proposed subsidiary will have adequate management and operating personnel with proper supervision by savings association management;(9) plans for the safeguarding of assets of the proposed subsidiary;(10) affidavits from all directors of a savings association and the proposed subsidiary fully disclosing any interest they may directly or indirectly have in the proposed subsidiary; and(11) such other information or data as the Commissioner may require.(b) The Commissioner may approve an investment in a subsidiary if the Commissioner finds that:(1) the operation and condition of the savings association affords no basis for supervisory objection;(2) there are adequate income and reserves to support the proposed investment;(3) the operations of the subsidiary will be clearly distinguishable from those of the parent savings association; and(4) the subsidiary is or will be profitably operating within a reasonable period of time or the investment is reasonably projected to result in economic benefit to the savings association.(c) If the Commissioner finds that a savings association has abused or is abusing the authority to invest in a subsidiary, the Commissioner may exercise discretion in denying such savings association the right to future exercise thereof until such abuse or abuses have been corrected.