Texas § FI.62.553 - APPLICATION FOR CHANGE OF CONTROL

§ FI.62.553. APPLICATION FOR CHANGE OF CONTROL

APPLICATION FOR CHANGE OF CONTROL. (a) Control of an association may be changed only if an application for approval of the change is filed with and approved by the commissioner. (b) The application must be: (1) on a form prescribed by the commissioner; (2) sworn to; and (3) accompanied by the appropriate filing fee. (c) Unless the commissioner expressly waives a requirement of this subsection, the application must contain: (1) the identity, personal history, business background and experience, and financial condition of each person by whom or on whose behalf the acquisition is to be made, including a description of: (A) the managerial resources and future prospects of each acquiring party; and (B) any material pending legal or administrative proceedings to which the person is a party; (2) the terms of any proposed acquisition and the manner in which the acquisition is to be made; (3) the identity, source, and amount of the money or other consideration used or to be used in making the acquisition and, if any part of the money or other consideration has been or will be borrowed or otherwise obtained for the purpose of making the acquisition, a description of the transaction, the names of the parties, and arrangements, agreements, or understandings with the parties; (4) any plan or proposal of an acquiring party to liquidate the association, sell the association's assets, merge the association with another company, or make other major changes in the association's business or corporate structure or management; (5) the terms of any offer, invitation, agreement, or arrangement under which a voting security will be acquired and any contract affecting that security or its financing after it is acquired; (6) information establishing that the requirements under Section 62.555 (b) are satisfied; and (7) other information: (A) the finance commission by rule requires to be furnished in an application; or (B) the commissioner orders to be included in a particular application. (d) The commissioner may require each member of a group proposing to acquire voting securities under this subchapter to provide the information required by the commissioner. Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 2001, 77th Leg., ch. 867, Sec. 26, eff. Sept. 1, 2001.