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(a) Not later than the 60th day after the date the notice is published, the banking commissioner shall approve the application or set the application for hearing. If the banking commissioner sets a hearing, the department shall participate as the opposing party and the banking commissioner shall conduct the hearing and one or more prehearing conferences and opportunities for discovery as the banking commissioner considers advisable and consistent with governing law. A hearing held under this section is confidential and closed to the public.
(b) Based on the record, the banking commissioner may issue an order denying an application if:
(1) the acquisition would substantially lessen competition, restrain trade, result in a monopoly, or further a combination or conspiracy to monopolize or attempt to monopolize the banking industry in any part of this state, unless:
(A) the anticompetitive effects of the proposed acquisition are clearly outweighed in the public interest by the probable effect of the acquisition in meeting the convenience and needs of the community to be served; and
(B) the proposed acquisition does not violate the law of this state or the United States;
(2) the financial condition of the proposed transferee, or any member of a group comprising the proposed transferee, might jeopardize the financial stability of the bank being acquired;
(3) plans or proposals to operate, liquidate, or sell the bank or its assets are not in the best interests of the bank;
(4) the experience, ability, standing, competence, trustworthiness, and integrity of the proposed transferee, or any member of a group comprising the proposed transferee, are insufficient to justify a belief that the bank will be free from improper or unlawful influence or interference with respect to the bank's operation in compliance with law;
(5) the bank will not be solvent, have adequate capitalization, or comply with the law of this state after the acquisition;
(6) the proposed transferee has not furnished all information pertinent to the application reasonably required by the banking commissioner; or
(7) the proposed transferee is not acting in good faith.
(c) If the banking commissioner approves the application, the transaction may be consummated. If the approval is conditioned on a written commitment from the proposed transferee offered to and accepted by the banking commissioner, the commitment is enforceable against the bank and the transferee and is considered for all purposes an agreement under this subtitle.
Cite this article: FindLaw.com - Texas Finance Code - FIN § 33.003. Hearing and Decision on Acquisition of Control - last updated April 14, 2021 | https://codes.findlaw.com/tx/finance-code/fin-sect-33-003.html
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