SECTION 3.56. Asset Pledge Report and Additional Deposits

(a) Report of liabilities and pledged assets. Each foreign bank that maintains a Texas state branch or agency that carries nonrelated liabilities, consisting of nonrelated deposit liabilities and nonrelated other liabilities, on the books and records of its Texas state branch or agency as liabilities of such branch or agency, must prepare and submit to the banking commissioner, on a form prescribed by the banking commissioner, a report showing:

(1) the average total nonrelated liabilities, consisting of nonrelated deposit liabilities and nonrelated other liabilities, of its Texas state branch or agency for the previous calendar quarter, calculated in accordance with §3.55 of this title (relating to Calculation of Liabilities); and

(2) if assets are deposited and pledged for the account of the banking commissioner under §3.53 of this title (relating to Asset Deposit and Pledge Requirement Applicable to Branch or Agency with Nonrelated Deposit Liabilities), the assets deposited and pledged and the total value of such assets as of the end of the quarter for which liabilities are reported under subsection (a)(1) of this section.

(b) Authentication and submission of report. A duly authorized officer of the foreign bank must sign the report required under subsection (a) of this section and certify that the report is true and correct. The report must be submitted to the banking commissioner no later than the date the foreign bank must submit the Call Report for the end of the quarter for which the calculation is made to the appropriate Federal Reserve Bank according to Call Report instructions.

(c) Additional deposits to satisfy the pledge requirement. A foreign bank must deposit into the pledge account such additional assets as may be required, based upon the quarterly calculation, to satisfy the pledge requirement established in §3.53 of this title (relating to Asset Deposit and Pledge Requirement Applicable to Branch or Agency with Nonrelated Deposit Liabilities). The foreign bank must deposit the additional assets no later than the date on which the bank must submit the Call Report for the end of the quarter for which the calculation is made.

Source Note: The provisions of this §3.56 adopted to be effective November 12, 2003, 28 TexReg 9823