reglab/housing_qa huggingface dataset:
TX Fin Code § 36.111 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter B. Voluntary Dissolution|Section 36.111. Closure by Banking Commissioner for Involuntary Dissolution and Liquidation

Sec. 36.111.  CLOSURE BY BANKING COMMISSIONER FOR INVOLUNTARY DISSOLUTION AND LIQUIDATION.  The banking commissioner may close a state bank for involuntary dissolution and liquidation under this chapter if the banking commissioner determines that:(1)  the voluntary liquidation is:(A)  being conducted in an improper or illegal manner;  or(B)  not in the best interests of the bank's depositors and creditors;  or(2)  the bank is insolvent or imminently insolvent.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.112 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter B. Voluntary Dissolution|Section 36.112. Application for New Charter

Sec. 36.112.  APPLICATION FOR NEW CHARTER.  After a state bank's charter has been voluntarily surrendered and canceled, the bank may not resume business or reopen except on application for and approval of a new charter.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.201 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.201. Action to Close State Bank

Sec. 36.201.  ACTION TO CLOSE STATE BANK.  (a)  The banking commissioner may close and liquidate a state bank on finding that:(1)  the interests of the bank's depositors and creditors are jeopardized by the bank's insolvency or imminent insolvency;  and(2)  the best interests of depositors and creditors would be served by requiring that the bank be closed and its assets liquidated.(b)  A majority of the bank's directors may voluntarily close the bank and place it with the banking commissioner for liquidation.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 52, eff. September 1, 2007.|
TX Fin Code § 36.202 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.202. Notice and Effect of Closure; Appointment of Receiver

Sec. 36.202.  NOTICE AND EFFECT OF CLOSURE;  APPOINTMENT OF RECEIVER.  (a)  After closing a state bank under Section 36.201, the banking commissioner shall place a sign at its main entrance stating that the bank has been closed and the findings on which the closing of the bank is based.  A correspondent bank of the closed bank may not pay an item drawn on the account of the closed bank that is presented for payment after the correspondent has received actual notice of closing unless it previously certified the item for payment.(b)  As soon as practicable after posting the sign at the bank's main entrance, the banking commissioner shall tender the bank to the Federal Deposit Insurance Corporation as provided by Section 36.003 or initiate a receivership proceeding by filing a copy of the notice contained on the sign in a district court in the county where the bank's home office is located.  The court in which the notice is filed shall docket it as a case styled, "In re liquidation of ____" (inserting the name of the bank). When this notice is filed, the court has constructive custody of all the bank's assets and any action that seeks to directly or indirectly affect bank assets is considered an intervention in the receivership proceeding and is subject to this subchapter and Subchapter D.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.203 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.203. Nature and Duration of Receivership

Sec. 36.203.  NATURE AND DURATION OF RECEIVERSHIP.  (a)  The court may not require a bond from the banking commissioner as receiver.(b)  A reference in this chapter to the receiver is a reference to the banking commissioner as receiver and to any successor in office, the Federal Deposit Insurance Corporation if acting as receiver as provided by Section 36.003 and federal law, or an independent receiver appointed at the request of the banking commissioner as provided by Section 36.004.(c)  The receiver has all the powers of the directors, officers, and shareholders of the bank as necessary to support an action taken on behalf of the bank.(d)  The receiver and all employees and agents acting on behalf of the receiver are acting in an official capacity and are protected by Section 12.106.  An act of the receiver is an act of the bank in liquidation.  This state or a political subdivision of this state is not liable and may not be held accountable for any debt or obligation of a state bank in receivership.(e)  Section 64.072, Civil Practice and Remedies Code, applies to the receivership of a bank except as provided by this subsection.  A bank receivership shall be administered continuously for the length of time necessary to complete its purposes, and a period prescribed by other law limiting the time for the administration of a receivership or of corporate affairs generally, including Section 64.072(d), Civil Practice and Remedies Code, does not apply.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 53, eff. September 1, 2007.|
TX Fin Code § 36.204 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.204. Contest of Liquidation

Sec. 36.204.  CONTEST OF LIQUIDATION.  (a)  A state bank, acting through a majority of its directors, may intervene in an action filed by the banking commissioner closing a state bank to challenge the banking commissioner's closing of the bank and to enjoin the banking commissioner or other receiver from liquidating its assets.  The bank must file the intervention not later than the second business day after the closing of the bank, excluding legal holidays.  The court may issue an ex parte order restraining the receiver from liquidating bank assets pending a hearing on the injunction.  The receiver shall comply with the restraining order but may petition the court for permission to liquidate an asset as necessary to prevent its loss or diminution pending the outcome of the injunction.(b)  The court shall hear an action as quickly as possible and shall give it priority over other business.(c)  The bank or receiver may appeal the court's judgment as in other civil cases, except that the receiver shall retain all bank assets pending a final appellate court order even if the banking commissioner does not prevail in the trial court.  If the banking commissioner prevails in the trial court, liquidation of the bank may proceed unless the trial court or appellate court orders otherwise.  If liquidation is enjoined or stayed pending appeal, the trial court retains jurisdiction to permit liquidation of an asset as necessary to prevent its loss or diminution pending the outcome of the appeal.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 54, eff. September 1, 2007.|
TX Fin Code § 36.205 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.205. Notice of Bank Closing

Sec. 36.205.  NOTICE OF BANK CLOSING.  (a)  As soon as reasonably practicable after initiation of the receivership proceeding, the receiver shall publish notice in a newspaper of general circulation in each community where the bank's home office or a branch is located.  The notice must state that:(1)  the bank has been closed for liquidation;(2)  depositors and creditors must present their claims for payment on or before a specified date;  and(3)  all safe deposit box holders and bailors of property left with the bank should remove their property not later than a specified date.(b)  A date that the receiver selects under Subsection (a):(1)  may not be earlier than the 121st day after the date of the notice;  and(2)  must allow:(A)  the affairs of the bank to be wound up as quickly as feasible;  and(B)  creditors, depositors, and owners of property adequate time for presentation of claims, withdrawal of accounts, and redemption of property.(c)  The receiver may adjust the dates under Subsection (a) with the approval of the court and with or without republication of notice if additional time appears needed for those activities.(d)  As soon as reasonably practicable given the state of bank records and the adequacy of staffing, the receiver shall mail to each of the bank's known depositors, creditors, safe deposit box holders, and bailors of property left with the bank, at the mailing address shown on the bank's records, an individual notice containing the information required in a notice under Subsection (a) and specific information pertinent to the account or property of the addressee.(e)  The receiver may determine the form and content of notices under this section.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.206 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.206. Inventory

Sec. 36.206.  INVENTORY.  As soon as reasonably practicable given the state of bank records and the adequacy of staffing, the receiver shall prepare a comprehensive inventory of the bank's assets for filing with the court.  The inventory is open to inspection.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.207 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.207. Receiver's Title and Priority

Sec. 36.207.  RECEIVER'S TITLE AND PRIORITY.  (a)  The receiver has the title to all the bank's property, contracts, and rights of action, wherever located, beginning on the date the bank is closed for liquidation.(b)  The rights of the receiver have priority over a contractual lien or statutory landlord's lien under Chapter 54, Property Code, judgment lien, attachment lien, or voluntary lien that arises after the date of the closing of the bank for liquidation.(c)  The filing or recording of a receivership order in a record office of this state gives the same notice that would be given by a deed, bill of sale, or other evidence of title filed or recorded by the bank in liquidation.  The recording clerk shall index a recorded receivership order in the records to which the order relates.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.208 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.208. Rights Fixed

Sec. 36.208.  RIGHTS FIXED.  The rights and liabilities of the bank in liquidation and of a depositor, creditor, officer, director, employee, shareholder, agent, or other person interested in the bank's estate are fixed on the date of closing of the bank for liquidation except as otherwise directed by the court or as expressly provided otherwise by this subchapter or Subchapter D.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 55, eff. September 1, 2007.|
TX Fin Code § 36.209 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.209. Depositories

Sec. 36.209.  DEPOSITORIES.  (a)  The receiver may deposit money collected on behalf of the bank estate in:(1)  the Texas Treasury Safekeeping Trust Company in accordance with procedures established by the comptroller;  or(2)  one or more state banks in this state, the deposits of which are insured by the Federal Deposit Insurance Corporation or its successor, if the receiver, using sound financial judgment, determines that it would be advantageous to do so.(b)  If receivership money deposited in an account at a state bank exceeds the maximum insured amount, the receiver shall require the excess deposit to be adequately secured through a pledge of securities or otherwise, without approval of the court.  The depository bank may secure the deposits of the bank in liquidation on behalf of the receiver, notwithstanding any other provision of Chapter 11 or 12 or this subtitle.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.210 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.210. Pending Lawsuit

Sec. 36.210.  PENDING LAWSUIT.  (a)  A judgment or order of a court of this state or of another jurisdiction in an action pending by or against the bank, rendered after the date the bank was closed for liquidation, is not binding on the receiver unless the receiver was made a party to the suit.(b)  Before the first anniversary of the date the bank was closed for liquidation, the receiver may not be required to plead to any suit pending against the bank in a court in this state on the date the bank was closed for liquidation and in which the receiver is a proper plaintiff or defendant.(c)  Sections 64.052, 64.053, and 64.056, Civil Practice and Remedies Code, do not apply to a bank estate being administered under this subchapter and Subchapter D.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.211 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.211. New Lawsuit

Sec. 36.211.  NEW LAWSUIT.  (a)  Except as otherwise provided by this section, the court in which the receivership proceeding is pending under this subchapter has exclusive jurisdiction to hear and determine all actions or proceedings instituted by or against the bank or receiver after the receivership proceeding begins.(b)  The receiver may file in any jurisdiction an ancillary suit that may be helpful to obtain jurisdiction or venue over a person or property.(c)  Exclusive venue lies in Travis County for an action or proceeding instituted against the receiver or the receiver's employee, including an employee of the department, that asserts personal liability on the part of the receiver or employee.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.212 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.212. Requiring Record or Other Property in Possession of Other Person

Sec. 36.212.  REQUIRING RECORD OR OTHER PROPERTY IN POSSESSION OF OTHER PERSON.  (a)  Each bank affiliate, officer, director, shareholder, trustee, agent, servant, employee, attorney, attorney-in-fact, or correspondent shall immediately deliver to the receiver, without cost to the receiver, any record or other property of the bank or that relates to the business of the bank.(b)  If by contract or otherwise a record or other property that can be copied is the property of a person listed in Subsection (a), it shall be copied and the copy shall be delivered to the receiver.  The owner shall retain the original until notification by the receiver that it is no longer required in the administration of the bank's estate or until another time the court, after notice and hearing, directs.  A copy is considered to be a record of the bank in liquidation under Section 36.225.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 56, eff. September 1, 2007.|
TX Fin Code § 36.213 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.213. Injunction in Aid of Liquidation

Sec. 36.213.  INJUNCTION IN AID OF LIQUIDATION.  (a)  On application by the receiver, the court with or without notice may issue an injunction:(1)  restraining a bank officer, director, shareholder, trustee, agent, servant, employee, attorney, attorney-in-fact, correspondent, or other person from transacting the bank's business or wasting or disposing of its property; or(2)  requiring the delivery of the bank's property or assets to the receiver subject to the further order of the court.(b)  At any time during a proceeding under this subchapter, the court may issue another injunction or order considered necessary or desirable to prevent:(1)  interference with the receiver or the proceeding;(2)  waste of the assets of the bank;(3)  the beginning or prosecution of an action;(4)  the obtaining of a preference, judgment, attachment, garnishment, or other lien;  or(5)  the making of a levy against the bank or its assets.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.Amended by: Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 57, eff. September 1, 2007.|
TX Fin Code § 36.214 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.214. Subpoena

Sec. 36.214.  SUBPOENA.  (a)  The receiver may request the court ex parte to issue a subpoena to compel the attendance and testimony of a witness before the receiver and the production of a record relating to the receivership estate.  For this purpose the receiver or the receiver's designated representative may administer an oath or affirmation, examine a witness, or receive evidence.  The court has statewide subpoena power and may compel attendance and production of a record before the receiver at the bank, the office of the receiver, or another location.(b)  A person served with a subpoena under this section may file a motion with the court for a protective order as provided by Rule 166b, Texas Rules of Civil Procedure.  In a case of disobedience of a subpoena or the contumacy of a witness appearing before the receiver or the receiver's designated representative, the receiver may request and the court may issue an order requiring the person subpoenaed to obey the subpoena, give evidence, or produce a record relating to the matter in question.(c)  A witness who is required to appear before the receiver is entitled to receive:(1)  reimbursement for mileage, in the amount for travel by a state employee, for traveling to or returning from a proceeding that is more than 25 miles from the witness's residence;  and(2)  a fee for each day or part of a day the witness is necessarily present as a witness in an amount set by the receiver with the approval of the court of not less than $10 a day and not more than an amount equal to the per diem travel allowance of a state employee.(d)  A payment of fees under Subsection (c) is an administrative expense.(e)  The receiver may serve the subpoena or have it served by the receiver's authorized agent, a sheriff, or a constable.  The sheriff's or constable's fee for serving a subpoena must be the same as the fee paid the sheriff or constable for similar services.(f)  A subpoena issued under this section to a financial institution is not subject to Section 59.006.(g)  On certification by the receiver under official seal, a record produced or testimony taken as provided by this section and held by the receiver is admissible in evidence in any case without proof of its correctness or other proof, except the certificate of the receiver that the record or testimony was received from the person producing the record or testifying.  The certified record or a certified copy of the record is prima facie evidence of the facts it contains.  This section does not limit another provision of this subchapter, Subchapter D, or another law that provides for the admission of evidence or its evidentiary value.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 6.103(c), eff. Sept. 1, 2001.|
TX Fin Code § 36.215 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter C. Involuntary Dissolution and Liquidation|Section 36.215. Executory Contract; Oral Agreement

Sec. 36.215.  EXECUTORY CONTRACT;  ORAL AGREEMENT.  (a)  Not later than six months after the date the receivership proceeding begins, the receiver may terminate any executory contract to which the bank is a party or any obligation of the bank as a lessee.  A lessor who receives notice of the receiver's election to terminate the lease before the 60th day before the termination date is not entitled to rent or damages for termination, other than rent accrued to the date of termination.(b)  An agreement that tends to diminish or defeat the interest of the estate in a bank asset is not valid against the receiver unless the agreement:(1)  is in writing;(2)  was executed by the bank and any person claiming an adverse interest under the agreement, including the obligor, when the bank acquired the asset;(3)  was approved by the board of the bank or its loan committee, and the approval is reflected in the minutes of the board or committee;  and(4)  has been continuously since its execution an official record of the bank.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|