(a) Scope. This section governs submission of specified
forms of copies of original documents to the Texas Department of Banking
(the department) for processing by the corporate activities division
of the department pursuant to this chapter, and does not permit, prohibit,
or affect correspondence with or documents submitted to the department
for another purpose, including:
(1) applications submitted to the special audits division
of the department; and
(2) documents submitted to the department as required
or permitted by Government Code, Chapter 2001, and Chapter 9 of this
title (relating to Rules of Procedure for Contested Case Hearings,
Appeals, and Rulemakings).
(b) Reproduction. For purposes of this section, the
term reproduction means:
(1) a photographic or photostatic copy or similar reproduction
of an original document that is submitted to the department by mail
or hand delivery;
(2) a facsimile copy of an original document submitted
by telephonic document transmission to the telecopier telephone number
specified by the department; or
(3) if permitted by the department with respect to
a specific filing, an electronic copy of an original document submitted
to the email address specified by the department.
(c) Filings. Subject to the length limitations of subsection
(d) of this section, a document required or authorized to be filed
with the department may be a reproduction, including an application
or a supplement to or substitution for a portion of a previously filed
and accepted application. Receipt of a reproduction by the department
is not equivalent to accepted for filing.
(d) Page limitations. A reproduction submitted by telephonic
document transmission to the department's telecopier machine may not
exceed 25 pages in total length, including the transmittal document
required by subsection (e) of this section, or it will be rejected
for filing. The transmission of portions of any particular filing
at different times is treated as one reproduction for purposes of
(e) Transmittal document. A cover sheet or transmittal
document must accompany every reproduction submitted under this section
(1) clearly identify the sender by name, address, and
phone number, the documents being delivered or transmitted, and the
number of pages in the submission;
(2) contain clear and concise instructions concerning
the sender's request with respect to the submission; and
(3) contain complete and accurate information regarding
the payment of required filing fees, if any.
(f) Time of receipt. To be considered received by the
department, a reproduction must be in clearly legible form. The date
the submission is actually received by the department or the date
and time imprinted by the department's telecopier on the last page
of a reproduction submitted by telephonic document transfer will determine
the time of receipt, provided that a reproduction received after 4:30
p.m. is considered received at 8:00 a.m. on the next business day.
A reproduction will not be considered received until the department
receives the entire document and the required filing fee, if any.
(g) Equivalent of original. For all purposes attendant
to filing, a reproduction of a document filed with the department
under this section, including reproduction of signatures thereon,
is considered an original document.
Source Note: The provisions of this §15.7 adopted to be effective July 17, 1997, 22 TexReg 6429; amended to be effective November 12, 2003, 28 TexReg 9825; amended to be effective November 8, 2012, 37 TexReg 8779