Texas Bank Charter Lawyer

Texas State Bank Chartering, Regulatory Compliance, and Enforcement Defense Counsel

The Law Offices of Alan Abergel, P.C. (“LOAA”) represents banks, bank holding companies, investors, and financial institutions in matters involving Texas state bank charters, regulatory compliance, and administrative enforcement before the Texas Department of Banking and other federal banking regulators.

Attorney Alan Abergel is licensed by both the State Bar of Texas and the State Bar of California.

Texas State Bank Charter Overview

A de novo Texas state bank may commence operations with a holding company as its sole shareholder. However, an out-of-state holding company may not charter a de novo state bank in Texas.

Generally, Texas state banks must obtain FDIC insurance, and a Texas state bank may elect whether to apply for Federal Reserve membership.

The Texas Department of Banking (DOB) participates in alternate examination programs with both the FDIC and the Federal Reserve.

Bank Holding Companies and Financial Holding Company Status

Texas law imposes no additional restrictions on bank holding companies that elect financial holding company status, but a copy of the election must be furnished to the Texas Banking Commissioner pursuant to Section 202.001 et seq. of the Texas Finance Code.

Certificate of Authority Requirement

Under Texas Finance Code § 32.006, a state bank may not engage in the business of banking until it receives a Certificate of Authority from the Banking Commissioner.

The Banking Commissioner may not issue a Certificate of Authority until the bank has:

1. Received cash for the issuance of all authorized shares in the full amount subscribed;

2. Elected or qualified the initial officers and directors named in the charter application (or others approved by the Commissioner); and

3. Complied with all statutory and regulatory requirements relating to the organization of state banks.

Texas Bank Charter and Regulatory Compliance Legal Services

LOAA provides legal services for Texas state banks and bank holding companies, including:

• Assistance with Texas state bank charter applications

• Structuring bank holding companies and ownership structures

• Regulatory compliance counseling under the Texas Finance Code

• Assistance with FDIC insurance applications and Federal Reserve membership considerations

• Drafting organizational and governance documentation for banks and holding companies

• Advice regarding financial holding company elections and filings

• Transaction structuring and regulatory planning for bank formation

Texas Department of Banking (DOB) Regulatory Matters

LOAA represents banks and financial institutions in matters involving the Texas Department of Banking, including:

• Regulatory examinations and supervisory matters

• Administrative proceedings and enforcement actions

• Compliance strategy and remediation planning

Federal Banking Regulatory Considerations

Texas state banks may be subject to oversight by:

• The Federal Deposit Insurance Corporation (FDIC)

• The Federal Reserve System

• Other federal banking and financial regulatory authorities

LOAA advises banks on federal banking regulatory compliance issues in connection with Texas chartered institutions.

Scope of Representation and Professional Disclosure

LOAA provides transactional, regulatory, licensing, and administrative defense legal services related to Texas state bank chartering and banking regulatory matters.

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PRINCIPAL OFFICE

600 West 6th Street Floor 4 Fort Worth, TX 76102 Phone: 817-304-9540 E-mail: alan@abergellaw.com