Tex. Fin. Code Section 182.302
Merger Application; Grounds for Approval


(a)

To apply for approval of a merger, the parties must submit the original certificate of merger, a number of copies of the certificate of merger equal to the number of surviving, new, and acquiring entities, and an application in the form required by the banking commissioner. The banking commissioner may require the submission of additional information as considered necessary to an informed decision.

(b)

The banking commissioner shall investigate the condition of the merging parties.

(c)

The banking commissioner may approve the merger if:

(1)

each resulting state trust company:

(A)

has complied with the statutes and rules relating to the organization of a state trust company; and

(B)

will be solvent and have adequate capitalization for its business and location;

(2)

all obligations and liabilities of each trust company that is a party to the merger have been properly discharged or otherwise lawfully assumed or retained by a trust institution or other fiduciary;

(3)

each surviving, new, or acquiring person that is not authorized to engage in the trust business will not engage in the trust business and has complied with the laws of this state; and

(4)

all conditions imposed by the banking commissioner have been satisfied or otherwise resolved.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 6.013(a), eff. Sept. 1, 2001.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 575 (S.B. 804), Sec. 24, eff. June 14, 2013.

Source: Section 182.302 — Merger Application; Grounds for Approval, https://statutes.­capitol.­texas.­gov/Docs/FI/htm/FI.­182.­htm#182.­302 (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

§ 182.302’s source at texas​.gov