SECTION 3.52. General Definitions

Unless defined otherwise in this section, words and terms used in this subchapter that are defined in Finance Code, §31.002, have the same meanings as defined in the Finance Code. The following words and terms, when used in this subchapter, have the following meanings unless the context clearly indicates otherwise:

(1) Asset pledge--The total amount of assets a foreign bank must deposit and pledge to the banking commissioner and maintain on deposit at all times.

(2) Call Report--The FFIEC quarterly, consolidated report of assets and liabilities of United States branches and agencies of foreign banks, currently reported on FFIEC 002.

(3) Depository--An unaffiliated, FDIC-insured state or national bank in Texas, or a federal reserve bank.

(4) FFIEC--The Federal Financial Institutions Examination Council.

(5) Foreign bank--A foreign bank or foreign bank corporation, as defined in Section 1(b)(7), International Banking Act (12 USC Section 3107(7)), that is licensed under Finance Code, Chapter 204, to establish and maintain a Texas state branch or Texas state agency.

(6) ROCA--The rating system used by the Federal Reserve Board, the Office of the Comptroller of the Currency, and state banking regulatory authorities that measures risk management, operation controls, compliance and asset quality and thereby determines the condition of a foreign bank's branch or agency or commercial lending subsidiary in the United States.

(7) Texas state branch--One or more branches established and maintained in Texas by a foreign bank under a license issued pursuant to Finance Code, Chapter 204. The term also includes a foreign bank branch as referred to in subchapters B and C of this title (relating to General state bank regulations and Foreign Bank Agencies, respectively).

(8) Texas state agency--One or more agencies established and maintained in Texas by a foreign bank under a license issued pursuant to Finance Code, Chapter 204. The term also includes a foreign bank agency as referred to in subchapters B and C of this title (relating to General state bank regulations and Foreign Bank Agencies, respectively).

(9) Nonrelated deposit liabilities--The liabilities to nonrelated parties consisting of deposits and credit balances reported in the Call Report in accordance with Call Report instructions, currently reported on line 4.a. of Schedule RAL-Assets and Liabilities.

(10) Nonrelated other liabilities--The liabilities to nonrelated parties, exclusive of nonrelated deposit liabilities, reported in the Call Report in accordance with Call Report instructions, currently reported on lines 4.b - 4.g. of Schedule RAL-Assets and Liabilities. Nonrelated other liabilities include federal funds purchased and sold under agreements to repurchase, other borrowed money, branch or agency liability on acceptances executed and outstanding, trading liabilities and other liabilities to nonrelated parties.

Source Note: The provisions of this §3.52 adopted to be effective November 12, 2003, 28 TexReg 9823; amended to be effective July 5, 2018, 43 TexReg 4451