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Texas Banking Act

Texas · FI · §§ 31.001 to 59.310 · 247 sections

Overview

A state banking act of this kind governs who may conduct a banking business and sets the terms on which state-chartered banks are formed, capitalized, and operated — covering the certificate of formation, the charter application and its review, corporate governance matters such as share classes and shareholder inspection rights, and the liability of directors and officers, while barring unauthorized banking and the unauthorized holding out of a person as a bank. It vests supervision in a state banking commissioner, who issues rules, interpretive statements, and opinions, examines banks and related entities, collects periodic call reports, and enforces compliance through orders and penalties, with hearings, informal disposition, and judicial review in the courts available to affected parties. It also makes supervisory information confidential, allowing disclosure only to specified parties and agencies, funds regulation through assessments on the institutions supervised, and ties the permissible powers and financial activities of state banks to those of national banks so the two charters remain broadly comparable.

Editorial summary generated from the text of this act. It is not part of the statute — read the sections below for the operative language.

In the courts

Sections of this act have been cited in 48 court decisions.

Most-cited authority: 373 SW3D 620 - Gus H. Comiskey, III A/K/A Trey Comiskey and TC3, Inc. v. FH Partners, LLC

Sections covered

Enacted in other states

Illinois, Nebraska, New Mexico, Tennessee

All Texas named statutes →

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