Sec. 201.101. DEFINITIONS. In this subchapter:
(1) "Financial institution" means:
(A) a bank as defined for any purpose by Section 201.002(a)(4), whether chartered under the laws of this state, another state, the United States, or another country, including a state savings bank;
(B) a savings and loan association chartered under Chapter 62 or similar laws of another state;
(C) a federal savings and loan association, federal savings bank, or federal credit union;
(D) a credit union chartered under Chapter 122 or similar laws of another state; or
(E) a trust company chartered under the laws of this state or another state.
(2) "Out-of-state financial institution" means a financial institution that:
(A) is not chartered under the laws of this state; and
(B) has its main or principal office in another state or country.
(3) "Texas financial institution" means a financial institution that:
(A) is chartered under the laws of this state or under federal law; and
(B) has its main or principal office in this state.
Added by Acts 1999, 76th Leg., ch. 344, Sec. 1.001, eff. Sept. 1, 1999.
Notes of Decisions
Bank of New York v. Chesapeake 34771 Land Trust, 456 S.W.3d 628 (Tex. App.—El Paso 2015).
“Tex. Fin.Code Ann. § 201.101 (West 2006)(in-cluding within the definition of a “financial institution” a bank or trust company chartered in another state).”
Invesco Inv. Servs., Inc. v. Fid. Deposit & Disc. Bank, 355 S.W.3d 257 (Tex. App.—Houston [1st Dist.] 2011).
“Texas Finance Code section 201.101(1) defines “financial institution” to include, among other things, a bank, savings and loan association, federal savings and loan association, federal savings bank, federal credit union, credit union, or a trust *261 company.”
Deutsche Bank Nat'l Trust Co. v. Kindi Shepard, No. 12-20-00178-CV, 2021 WL 1567928 (Tex. App.—Tyler Apr. 21, 2021).
“See TEX. FIN. CODE ANN. § 201.101 (West 2016) (including within the definition of a “financial institution” a bank or trust company chartered in another 4 state).”
U.S. Bank Nat'l Ass'n v. Dennis Moss, 644 S.W.3d 130 (Tex. 2022).
“TEX. FIN. CODE § 201.101(1)(A). The Bank also qualifies as an “out-of-state financial institution” because it is not chartered under Texas law and has its main office in another state.”
HSBC Bank USA v. Kingman Holdings LLC, No. 02-21-00087-CV (Tex. App.—Fort Worth Mar. 24, 2022).
“Tex. Fin. Code Ann. § 201.101 (1)(A). It is beyond dispute that HSBC is a financial institution.”
Wilmington Sav. Fund Soc'y, FSB v. Hockessin Holdings, Inc., No. 04-21-00426-CV (Tex. App.—San Antonio Nov. 30, 2022).
“3d at 137; see also TEX. FIN. CODE ANN. § 201.101. Hockessin Holdings did not serve Wilmington Savings by (1) serving the financial institution’s registered agent, or (2) if no registered agent, the president or a branch manager at any office located in this state.”
Deutsche Bank Nat'l Trust Co. v. F&M Props., Inc., No. 05-23-00252-CV (Tex. App.—Dallas Aug. 30, 2024).
“See TEX. FIN. CODE § 201.101(1). For foreign corporate fiduciaries, the Secretary of State is not a “registered agent” as defined in the Business Organizations Code.”
Bank of New York v. Chesapeake 34771 Land Trust, No. 08-13-00252-CV (Tex. App.—El Paso Jan. 19, 2015).
“See TEX.FIN.CODE ANN. § 201.101 (West 2006)(including within the definition of a “financial institution” a bank or trust company chartered in another state).”
Wells Fargo Bank, N.A. v. Kingman Holdings, L.L.C., No. 04-15-00126-CV (Tex. App.—San Antonio Mar. 6, 2015).
“028(a) & (b)(1); TEX. FIN. CODE § 201.101. Out-of-state financial institutions—like Wells Fargo—are required to register with DEFENDANT WELLS FARGO BANK, N.”
Tex. Fin. Code § 201.101(1): 2 cases
Invesco Inv. Servs., Inc. v. Fid. Deposit & Disc. Bank, 355 S.W.3d 257 (Tex. App.—Houston [1st Dist.] 2011).
“Texas Finance Code section 201.101(1) defines “financial institution” to include, among other things, a bank, savings and loan association, federal savings and loan association, federal savings bank, federal credit union, credit union, or a trust *261 company.”
Deutsche Bank Nat'l Trust Co. v. F&M Props., Inc., No. 05-23-00252-CV (Tex. App.—Dallas Aug. 30, 2024).
“See TEX. FIN. CODE § 201.101(1). For foreign corporate fiduciaries, the Secretary of State is not a “registered agent” as defined in the Business Organizations Code.”
Tex. Fin. Code § 201.101(1)(A): 1 case
U.S. Bank Nat'l Ass'n v. Dennis Moss, 644 S.W.3d 130 (Tex. 2022).
“TEX. FIN. CODE § 201.101(1)(A). The Bank also qualifies as an “out-of-state financial institution” because it is not chartered under Texas law and has its main office in another state.”
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