Adopted Amendments to 7 TAC §17.21

Title 7. Banking and Securities
Part 2. Texas Department of Banking
Chapter 17. Trust Company Regulation
Subchapter B. Examination and Call Reports
7 TAC §17.21

NOTE: This document was submitted to the Texas Register on the date indicated below. This is not the actual publication; the editorial staff of the Texas Register sometimes edits the submission. The Texas Department of Banking therefore does not guarantee the exact accuracy of this document.

Date: October 18, 2013

The Finance Commission of Texas (the commission), on behalf of the Texas Department of Banking (the department), adopts amendments to §17.21, concerning physical location of books and records, without changes to the proposed text as published in the August 30, 2013, issue of the Texas Register (38 TexReg 5625).

The laws regarding business organizations were significantly modernized and integrated into a cohesive regulatory structure through enactment of the Business Organizations Code several years ago. The need for uniform and comprehensive terminology that would apply to every type of business organization, including corporations, limited liability companies, limited partnerships, and others, led to the introduction of a number of new terms.

The 83rd Legislature recently enacted Senate Bill 804, effective June 14, 2013, which amended the Finance Code to update and conform language in certain provisions to synonymous terminology and phrasing used in the Business Organizations Code.

The amendment to 7 TAC §17.21 conforms the terminology used in this rule to that used in the Finance Code and the Business Organizations Code. The reference to “articles of association” changed to “certificate of formation.”

The Department received no comments regarding the proposed amendments.

The amendments are adopted pursuant to Finance Code, §181.003, which authorizes the commission to adopt rules to accomplish the purposes of Subtitle F and Finance Code §182.009, which authorizes the commission to adopt rules to alter or supplement the procedures and requirements of those laws applicable to actions taken under Chapter 182.

§17.21. Physical Location of Books and Records. 

(a)  Purpose. The purpose of this section is to provide for the preservation and location of trust company records to enhance the examination process by the department and to provide flexibility to trust companies in conducting their affairs. A trust company that maintains fiduciary records at one or more locations other than its principal place of business should be aware that a separate examination may be required at each such location, the cost of which will be borne by the trust company. This section may not be construed to prevent the maintenance of a duplicate set of records if the trust company considers such to be advisable.

(b)  Corporate records. Those books and records of a trust company that are related to corporate governance and operations must be kept and maintained at the trust company's principal place of business in this state. Such books and records include but are not necessarily limited to:

(1)  general and subsidiary ledgers;

(2)  income and expense ledgers;

(3)  supporting documentation for assets and liabilities;

(4)  contracts with suppliers and service providers;

(5)  corporate state and federal tax information and documentation;

(6)  correspondence with the department;

(7)  directors minutes;

(8)  shareholders minutes;

(9)  corporate governance documents such as bylaws, certificate of formation, and stock register; and

(10)  reports of condition and income.

(c)  Fiduciary records. Those books and records of a trust company that are related to fiduciary accounts and operations may be kept and maintained either at the trust company's principal place of business in this state or at the place where the trust company's fiduciary accounts are administered; provided that such books and records may not be divided and kept partially at different locations without the prior consent of the department. Such books and records include but are not necessarily limited to:

(1)  governing documents for each trust, custodial account, agency or other type of account administered;

(2)  documentation supporting the purchase or sale of any investments from or to the accounts administered, including broker confirmations and safekeeping receipts;

(3)  documentation on any assets accepted in-kind with supporting documentation justifying the amount booked;

(4)  account reviews, including administrative and asset reviews;

(5)  copies of all correspondence on each account administered, including documents relating to litigation, bankruptcy proceedings or other court action;

(6)  copies of income tax returns on any accounts which are required to submit income tax returns;

(7)  copies of customer account statements;

(8)  trial balance of all accounts administered reflecting all investments, including principal cash and income cash, at market value and cost;

(9)  overdraft listing of any overdrawn account administered and reflecting date of overdraft;

(10)  large cash balance listing of accounts administered;

(11)  safekeeping report from each institution holding items for safekeeping, with reconcilement to the trust company account trial balance;

(12)  master asset listing of all investments by type, reflecting account holder, number of units held with cost and market values;

(13)  assets by account holder reflecting investments with number of units, cost and market values;

(14)  broker commission report reflecting all brokers utilized for purchase or sale of investments, dollar volume, commissions paid and number of transactions;

(15)  reconcilement of fiduciary cash accounts including copies of bank account statements;

(16)  reconcilement of suspense accounts with listing of items outstanding and origination dates;

(17)  complaint file; and

(18)  copies of quarterly report of trust assets.

Effective date: November 7, 2013, 38 TexReg 7689.