OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

G-GklAfol 

-apcau. 

Z 

honorable J.eAtM JQrne~ 

kitAte TrAAAUl-Al’ 

Austin, Texas 

Dear hr. James: 

CAptiOnCd subfeo 

n upon the AboveAte Treasurer 

er, President, and 

the Fulbright Btote 

he following list ot 

Bl' Ui th A draft iII 

TeriIQ bAlAnCecl. duet 

160 .QQ 

“AppliCAtiOn TAS 8mie by the bank to the 

state BAllkiIIg COnmdssiOn for Approval Of' the 

dissolution certiPicate which has not yet 

been passed by the Counnission. The Pulbright 

State bank therefore retain6 its status A8 a 

corporation. 

59’7 
honorable Jesse Jazzes - pago 2 

*AftQl’ the bAlAme Of 3l64.62 WAS fOrwarded t0 the 6tAte TreA#uFer And depoaitcd 

in the Dissolution of 8olrent Corporationa 

Fund ho. 31, urury Guest drew A check in the 

amount of Approxkaatelj $16Q.QQ (which he 

OlAiM9d aa bAlAAOe due air), on the FUlbPighht 

state Pank, Fulbright, TQXAS, which WA@ paid 

on g+reUQQtAtiOn At the bank. 

Qr . c ir a dy & lig hnt o w l eek8 to rwover on 

behalf of the bank the balanoe shown on our 

reoemls AS belonging to Drury Oueat in the 

amount of $160.99, 

#Ue respeotfully ask yeur oplnioa on the 

follorfng questtemst 

"1. Should the entire amount deposited 

by the Dulbright State J&u& beceturned to them 8inOe it retains 

its 8tAtUS A6 A OOrpOrAtiOQt 

'2. Qr &ould the bAlAmA renuin in 

with the $14.669.67 comprising the 

DiSSOlUtiOll Of 8OlVelSt COrpOl’AtiQM 

F'UQd YO. 81, Of which it is A part, 

if wune is transmItted to the state 

Yanking CaPui88Lont 

c3. Or should the lWbri@t State BAQk 

be reimbursed by the State Treasurer f'rom Ruad So. 31 upan ertablishing Claim to the aooeunt of Dmary 

Gueatt* 

For oonvenienee PAke we will answer your 

quemtions in the erder otated by yau. 

1. no. Article 640 of the nevim6d civil 

Statutes contains the following, 

Within l ix months after the filing of 

SUCh Oel'tffiOAte, the cOrpOrAtiOn SbAll ,,AJ 

011 funds due depoeitors And ereditors whom 

they can diaawm and rho claimed the moneys 
bmorable Jesoe James - page 3 

due themr And upon the exflration of said 

ala months, it shall be the duty of the 

oorporation to make from the books of said 

corporation, certified by the President 

and Seoretary, of the .names of all depoaitora and crt?ditOrs rho have not claimed or 

hAVe not rewired the balanoe8 to their 

oredit or due them reApeetlvel7, and to 

file the same with the State Treasurer And 

to pay to the naid State Treasurer all Auoh 

unclaimed deposits, moneys and oredit. far 

the uae And benefit of euoh depositora a&xl 

ermiitore. The Poord of Directors shall 

then divide the OApitAl atook, @lAPAlIt And 

indemnit7 fund and all other Amete or the 

proceeds thereof asumg the stockholders 

rAtAbl7i Alli the board Of DireAtorA shall 

thereupon file in the offioe of the Danking 

Gonauisaioner A eertifioate surrendering the 

eOrpOrAte frAnohime.* 

As we are advidn~; you in Opinion Ho. O-67%0 

this da7, upon the making of auah deposit with the State 

Treasurer, there ie erected A statutory trust in favor 

of @maah depoaitora And oreditoren theroln named. This 

truet ia complete when nuch pa7ment bA8 been nade to 

the State heamurer, and it OAn Only be disoharged b7 a 

payment thereof to auoh depoeitor or creditor or hia dul7 

authorioed uaipa, suooesaor or legal repi-eaentatite. 

The payment to hr. Guest by the Fulbright State 

&ank, after the item had been deposited rith the State 

Treasurer; AS ohOWn b7 JOU, of aourae, WAS not the PAYYent out of the Treasury truet deposit. 

Yeither is hr. Sight, Cashier of the Tulbrlght 

State bank, in A position to demand reimbursement for 

this payment from the fund in 7our hando. So that, 7ou 

Are not AuthOrized to pay hF. Aightre demand therefor. 

2. Thie que8tion I.0 anorerefl in our Opinfon 

*O. O-5729 this day remkW?d to you. 
MOnAX’AblA Jesce Julie6 - pg;e 4 

This question i* m8wwed In our 

mower to geetion We. 1 aboth.