Texas Supreme Court: Out-of-State banks May Only Be Served through Their Registered Agent

Two Texas statutes address how lawsuits may be served on financial institutions that act as fiduciaries, and we granted review to determine which one applies. One statute is section 17.028 of the Civil Practice and Remedies Code, which provides that citation may be served on a financial institution by serving its “registered agent.”

The other statute is Chapter 505 of the Estates Code, which provides that a foreign corporate fiduciary—which can be a financial institution—must appoint the Secretary of State…