EX-3.1 4 d06419exv3w1.txt CERTIFICATE OF TRUST CERTIFICATE OF TRUST OF TEXAS CAPITAL STATUTORY TRUST II THIS CERTIFICATE OF TRUST OF TEXAS CAPITAL STATUTORY TRUST II (the "Trust") is being duly executed and filed by the undersigned on behalf of the Trust to form a statutory trust under the Delaware Statutory Trust Act (12 Del. C. Sections 3801 et seq.) (the "Act"). 1. Name. The name of the statutory trust being formed is Texas Capital Statutory Trust II. 2. Trustee. The name and business address of the trustee of the Trust with a principal place of business in the State of Delaware is as follows: Wilmington Trust Company Rodney Square North 1100 North Market Street Wilmington, DE 19890 ATTN: Corporate Trust Administration IN WITNESS WHEREOF, the undersigned has executed this Certificate of Trust in accordance with Section 381l(a) of the Act. WILMINGTON TRUST COMPANY, not in its individual capacity but solely as trustee of the Trust By: /s/ DONALD G. MACKELCAN -------------------------------- Name: DONALD G. MACKELCAN Title: VICE PRESIDENT