Texas Finance Code 31.004 – Unauthorized Banking
(a) Except as otherwise provided by law, a person other than a depository institution authorized to conduct business in this state may not conduct the business of banking or represent to the public that it is conducting the business of banking in this state.
(b) This section does not prohibit the continued operation of a bank, trust company, bank and trust company, or savings bank by:
(1) a person, partnership, trustee, or trustee operating under a common law declaration of trust who:
(A) was actively engaged in the operation of the institution on June 13, 1923; or
(B) operated the institution for any period of at least 20 years before June 13, 1923, and resumed operations of the institution not later than June 13, 1924; or
(2) a legal representative or successor of a person or entity described by Subdivision (1).
Terms Used In Texas Finance Code 31.004
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Trustee: A person or institution holding and administering property in trust.