For purposes of qualifying as successor fiduciary under a document creating a fiduciary account or a statute of this state relating to fiduciary accounts, a subsidiary trust company:
(1) is considered to have capital and surplus in an amount equal to the total of its capital and surplus and the capital and surplus of the bank holding company that owns the company; and
(2) is treated as a national bank unless it:
(A) is not a national bank under federal law; and
(B) has not entered into a substitution agreement with an affiliated bank of the company that is a national bank under federal law.