Tex. Fin. Code Section 182.021
Activities Not Requiring Charter


Subject to Subchapter C (Representative Trust Office Business), Chapter 187 (Multistate Trust Business), a company does not engage in the trust business in a manner requiring a state charter by:

(1)

acting in a manner authorized by law and in the scope of authority as an agent of a trust institution;

(2)

rendering a service customarily performed as an attorney in a manner approved and authorized by the Supreme Court of Texas or State Bar of Texas;

(3)

acting as trustee under a deed of trust made only as security for the payment of money or for the performance of another act;

(4)

conducting business as a trust institution if the exercise of fiduciary powers in this state by the trust institution is not otherwise prohibited by law;

(5)

engaging in a business regulated by the Office of Consumer Credit Commissioner, except as limited by rules adopted by the finance commission;

(6)

receiving and distributing rents and proceeds of sale as a licensed real estate broker on behalf of a principal in a manner authorized by the Texas Real Estate Commission;

(7)

engaging in a securities transaction or providing an investment advisory service as a licensed and registered dealer, salesman, or advisor to the extent that the activity is regulated by the State Securities Board or the Securities and Exchange Commission;

(8)

engaging in the sale and administration of an insurance product by an insurance company or agent authorized or licensed by the Texas Department of Insurance to the extent that the activity is regulated by the Texas Department of Insurance;

(9)

engaging in the lawful sale of prepaid funeral benefits under a permit issued by the banking commissioner under Chapter 154 (Prepaid Funeral Services);

(10)

engaging in the lawful business of a perpetual care cemetery corporation under Chapter 712 (Perpetual Care Cemeteries), Health and Safety Code;

(11)

engaging as a principal in the money services business under a license issued by the banking commissioner under Chapter 152 (Regulation of Money Services Businesses);

(12)

acting as trustee under a voting trust as provided by Section 6.251 (Voting Trusts), Business Organizations Code;

(13)

acting as trustee by a public, private, or independent institution of higher education or a university system, as defined by Section 61.003 (Definitions), Education Code, including an affiliated foundation or corporation of such an institution or system acting as trustee as provided by the Education Code;

(14)

engaging in another activity expressly excluded from the application of this subtitle by rule of the finance commission;

(15)

rendering services customarily performed by a certified accountant in a manner authorized by the Texas State Board of Public Accountancy;

(16)

serving as trustee of a charitable trust as provided by Section 2.106 (Power of Nonprofit Corporation to Serve as Trustee), Business Organizations Code;

(17)

performing escrow or settlement services if licensed or authorized under Title 11, Insurance Code;

(18)

acting as a qualified intermediary in a tax deferred exchange under Section 1031, Internal Revenue Code of 1986, and applicable regulations;

(19)

providing permitted services at a trust representative office established in this state pursuant to Subchapter C (Representative Trust Office Business), Chapter 187 (Multistate Trust Business); or

(20)

acting as a trustee or custodian approved by the Internal Revenue Service under 26 C.F.R. Section 1.408-2(e) of an individual retirement account described by Section 408(a), Internal Revenue Code of 1986.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16, eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 6.011(a), eff. Sept. 1, 2001.
Amended by:
Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 11.111, eff. September 1, 2005.
Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 69, eff. September 1, 2007.
Acts 2017, 85th Leg., R.S., Ch. 599 (S.B. 1401), Sec. 13, eff. September 1, 2017.
Acts 2023, 88th Leg., R.S., Ch. 277 (S.B. 895), Sec. 2.03, eff. September 1, 2023.

Source: Section 182.021 — Activities Not Requiring Charter, https://statutes.­capitol.­texas.­gov/Docs/FI/htm/FI.­182.­htm#182.­021 (accessed Jun. 5, 2024).

182.001
Organization and General Powers of State Trust Company
182.002
Certificate of Formation of State Trust Company
182.003
Application for State Trust Company Charter
182.004
Notice and Investigation of Charter Application
182.005
Protest
182.006
Issuance of Charter
182.007
Deadline to Begin Business
182.008
Restricted Capital
182.009
Application of General Corporate Law
182.010
Parity
182.011
Exemption from Statutory Provisions for Certain State Trust Companies
182.012
Application for Exemption
182.013
Annual Certification for Exempt State Trust Company
182.014
Limitation on Effect of Exemption
182.015
Change of Control of Exempt State Trust Company
182.016
Grounds for Revocation of Exemption
182.017
Notice and Effect of Revocation of Exemption
182.018
Action After Revocation of Exemption
182.019
Prior Exemption
182.020
Foreign Corporation Exercising Trust Powers
182.021
Activities Not Requiring Charter
182.101
Amendment or Restatement of State Trust Company Certificate of Formation
182.102
Establishing Series of Shares or Participation Shares
182.103
Change in Restricted Capital
182.104
Capital Notes or Debentures
182.0105
Financial Activities
182.105
Board Designation of Certified Surplus
182.201
Conduct of Trust Business
182.202
Home Office
182.203
Additional Offices
182.0211
Conformance with Securities Act
182.301
Merger Authority
182.302
Merger Application
182.303
Approval of Banking Commissioner
182.304
Rights of Dissenters to Merger
182.401
Authority to Purchase Assets
182.402
Authority to Act as Disbursing Agent
182.403
Liquidation of Selling Institution
182.404
Payment to Creditors
182.405
Sale of Assets
182.501
Merger or Conversion of State Trust Company into Another Trust Institution Exercising Fiduciary Powers
182.502
Conversion of Trust Institution into State Trust Company

Accessed:
Jun. 5, 2024

§ 182.021’s source at texas​.gov