reglab/housing_qa huggingface dataset:
TX Bus Orgs § 11.403 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter I. Receivership|Section 11.403. Appointment of Receiver for Specific Property

Sec. 11.403.  APPOINTMENT OF RECEIVER FOR SPECIFIC PROPERTY.  (a)  Subject to Subsection (b), and on the application of a person whose right to or interest in any property or fund or the proceeds from the property or fund is probable, a court that has jurisdiction over specific property of a domestic or foreign entity may appoint a receiver in an action:(1)  by a vendor to vacate a fraudulent purchase of the property;(2)  by a creditor to subject the property or fund to the creditor's claim;(3)  between partners or others jointly owning or interested in the property or fund;(4)  by a mortgagee of the property for the foreclosure of the mortgage and sale of the property, when:(A)  it appears that the mortgaged property is in danger of being lost, removed, or materially injured;  or(B)  it appears that the mortgage is in default and that the property is probably insufficient to discharge the mortgage debt;  or(5)  in which receivers for specific property have been previously appointed by courts of equity.(b)  A court may appoint a receiver for the property or fund under Subsection (a) only if:(1)  with respect to an action brought under Subsection (a)(1), (2), or (3), it is shown that the property or fund is in danger of being lost, removed, or materially injured;(2)  circumstances exist that are considered by the court to necessitate the appointment of a receiver to conserve the property or fund and avoid damage to interested parties;(3)  all other requirements of law are complied with;  and(4)  the court determines that other available legal and equitable remedies are inadequate.(c)  The court appointing a receiver under this section has and shall retain exclusive jurisdiction over the specific property placed in receivership.  The court shall determine the rights of the parties in the property or its proceeds.(d)  If the condition necessitating the appointment of a receiver under this section is remedied, the receivership shall be terminated immediately, and the receiver shall redeliver to the domestic entity all of the property remaining in receivership.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.404 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter I. Receivership|Section 11.404. Appointment of Receiver to Rehabilitate Domestic Entity

Sec. 11.404.  APPOINTMENT OF RECEIVER TO REHABILITATE DOMESTIC ENTITY.  (a)  Subject to Subsection (b), a court that has jurisdiction over the property and business of a domestic entity under Section 11.402(b) may appoint a receiver for the entity's property and business if:(1)  in an action by an owner or member of the domestic entity, it is established that:(A)  the entity is insolvent or in imminent danger of insolvency;(B)  the governing persons of the entity are deadlocked in the management of the entity's affairs, the owners or members of the entity are unable to break the deadlock, and irreparable injury to the entity is being suffered or is threatened because of the deadlock;(C)  the actions of the governing persons of the entity are illegal, oppressive, or fraudulent;(D)  the property of the entity is being misapplied or wasted;  or(E)  with respect to a for-profit corporation, the shareholders of the entity are deadlocked in voting power and have failed, for a period of at least two years, to elect successors to the governing persons of the entity whose terms have expired or would have expired on the election and qualification of their successors;(2)  in an action by a creditor of the domestic entity, it is established that:(A)  the entity is insolvent, the claim of the creditor has been reduced to judgment, and an execution on the judgment was returned unsatisfied;  or(B)  the entity is insolvent and has admitted in writing that the claim of the creditor is due and owing;  or(3)  in an action other than an action described by Subdivision (1) or (2), courts of equity have traditionally appointed a receiver.(b)  A court may appoint a receiver under Subsection (a) only if:(1)  circumstances exist that are considered by the court to necessitate the appointment of a receiver to conserve the property and business of the domestic entity and avoid damage to interested parties;(2)  all other requirements of law are complied with; and(3)  the court determines that all other available legal and equitable remedies, including the appointment of a receiver for specific property of the domestic entity under Section 11.402(a), are inadequate.(c)  If the condition necessitating the appointment of a receiver under this section is remedied, the receivership shall be terminated immediately, the management of the domestic entity shall be restored to its managerial officials, and the receiver shall redeliver to the domestic entity all of its property remaining in receivership.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 139 (S.B. 748), Sec. 20, eff. September 1, 2011.|
TX Bus Orgs § 11.405 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter I. Receivership|Section 11.405. Appointment of Receiver to Liquidate Domestic Entity; Liquidation

Sec. 11.405.  APPOINTMENT OF RECEIVER TO LIQUIDATE DOMESTIC ENTITY;  LIQUIDATION.  (a)  Subject to Subsection (b), a court that has jurisdiction over the property and business of a domestic entity under Section 11.402(b) may order the liquidation of the property and business of the domestic entity and may appoint a receiver to effect the liquidation:(1)  when an action has been filed by the attorney general under this chapter to terminate the existence of the entity and it is established that liquidation of the entity's business and affairs should precede the entry of a decree of termination;(2)  on application of the entity to have its liquidation continued under the supervision of the court;(3)  if the entity is in receivership and the court does not find that any plan presented before the first anniversary of the date the receiver was appointed is feasible for remedying the condition requiring appointment of the receiver;(4)  on application of a creditor of the entity if it is established that irreparable damage will ensue to the unsecured creditors of the domestic entity as a class, generally, unless there is an immediate liquidation of the property of the domestic entity;  or(5)  on application of a member or director of a nonprofit corporation or cooperative association and it appears the entity is unable to carry out its purposes.(b)  A court may order a liquidation and appoint a receiver under Subsection (a) only if:(1)  the circumstances demand liquidation to avoid damage to interested persons;(2)  all other requirements of law are complied with;  and(3)  the court determines that all other available legal and equitable remedies, including the appointment of a receiver for specific property of the domestic entity and appointment of a receiver to rehabilitate the domestic entity, are inadequate.(c)  If the condition necessitating the appointment of a receiver under this section is remedied, the receivership shall be terminated immediately, the management of the domestic entity shall be restored to its managerial officials, and the receiver shall redeliver to the domestic entity all of its property remaining in receivership.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.406 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter I. Receivership|Section 11.406. Receivers: Qualifications, Powers, and Duties

Sec. 11.406.  RECEIVERS:  QUALIFICATIONS, POWERS, AND DUTIES.  (a)  A receiver appointed under this chapter:(1)  must be an individual citizen of the United States or an entity authorized to act as receiver;(2)  shall give a bond in the amount required by the court and with any sureties as may be required by the court;(3)  may sue and be sued in the receiver's name in any court;(4)  has the powers and duties provided by other laws applicable to receivers;  and(5)  has the powers and duties that are stated in the order appointing the receiver or that the appointing court:(A)  considers appropriate to accomplish the objectives for which the receiver was appointed;  and(B)  may increase or diminish at any time during the proceedings.(b)  To be appointed a receiver under this chapter, a foreign entity must be registered to transact business in this state.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.407 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter I. Receivership|Section 11.407. Court-Ordered Filing of Claims

Sec. 11.407.  COURT-ORDERED FILING OF CLAIMS.  (a)  In a proceeding involving a receivership of the property or business of a domestic entity, the court may require all claimants of the domestic entity to file with the clerk of the court or the receiver, in the form provided by the court, proof of their respective claims under oath.(b)  A court that orders the filing of claims under Subsection (a) shall:(1)  set a date, which may not be earlier than four months after the date of the order, as the last day for the filing of those claims;  and(2)  prescribe the notice that shall be given to claimants of the date set under Subdivision (1).(c)  Before the expiration of the period under Subsection (b) for the filing of claims, a court may extend the period for the filing of claims to a later date.(d)  A court may bar a claimant who fails to file a proof of claim during the period authorized by the court from participating in the distribution of the property of the domestic entity unless the claimant presents to the court a justifiable excuse for its delay in filing.  A court may not order or effect a discharge of a claim of the claimant described by this subsection.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.408 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter I. Receivership|Section 11.408. Supervising Court; Jurisdiction; Authority

Sec. 11.408.  SUPERVISING COURT;  JURISDICTION;  AUTHORITY.  (a)  A court supervising a receivership under this subchapter may, from time to time:(1)  make allowances to a receiver or attorney in the proceeding;  and(2)  direct the payment of a receiver or attorney from the property of the domestic entity that is within the scope of the receivership or the proceeds of any sale or disposition of that property.(b)  A court that appoints a receiver under this subchapter for the property or business of a domestic entity has exclusive jurisdiction over the domestic entity and all of its property, regardless of where the property is located.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.409 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter I. Receivership|Section 11.409. Ancillary Receiverships of Foreign Entities

Sec. 11.409.  ANCILLARY RECEIVERSHIPS OF FOREIGN ENTITIES.  (a)  Notwithstanding any provision of this code to the contrary, a district court in the county in which the registered office of a foreign entity doing business in this state is located has jurisdiction to appoint an ancillary receiver for the property and business of that entity when the court determines that circumstances exist to require the appointment of an ancillary receiver.(b)  A receiver appointed under Subsection (a) serves ancillary to a receiver acting under orders of an out-of-state court that has jurisdiction to appoint a receiver for the entity.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.410 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter I. Receivership|Section 11.410. Receivership for All Property and Business of Foreign Entity

Sec. 11.410.  RECEIVERSHIP FOR ALL PROPERTY AND BUSINESS OF FOREIGN ENTITY.  (a)  A district court may appoint a receiver for all of the property, in and outside this state, of a foreign entity doing business in this state and its business if the court determines, in accordance with the ordinary usages of equity, that circumstances exist that necessitate the appointment of a receiver even if a receiver has not been appointed by another court.(b)  The appointing court shall convert a receivership created under Subsection (a) into an ancillary receivership if the appointing court determines an ancillary receivership is appropriate because a court in another state has ordered a receivership of all property and business of the entity.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.411 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter I. Receivership|Section 11.411. Governing Persons and Owners Not Necessary Parties Defendant

Sec. 11.411.  GOVERNING PERSONS AND OWNERS NOT NECESSARY PARTIES DEFENDANT.  Governing persons and owners or members of a domestic entity are not necessary parties to an action for a receivership or liquidation of the property and business of a domestic entity unless relief is sought against those persons individually.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.412 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter I. Receivership|Section 11.412. Decree of Involuntary Termination

Sec. 11.412.  DECREE OF INVOLUNTARY TERMINATION.  In an action in which the court has ordered the liquidation of the property and business of a domestic entity in accordance with other provisions of this code, the court shall enter a decree terminating the existence of the entity:(1)  when the costs and expenses of the action and all obligations and liabilities of the domestic entity have been paid and discharged or adequately provided for and all of the entity's remaining property has been distributed to its owners and members; or(2)  if the entity's property is not sufficient to discharge the costs and other expenses of the action and all obligations and liabilities of the entity, when all the property of the entity has been applied toward their payment.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.Amended by: Acts 2007, 80th Leg., R.S., Ch. 688 (H.B. 1737), Sec. 69, eff. September 1, 2007.|
TX Bus Orgs § 11.413 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter I. Receivership|Section 11.413. Supplemental Provisions for Application of Proceeds From Liquidation of Nonprofit Corporation

Sec. 11.413.  SUPPLEMENTAL PROVISIONS FOR APPLICATION OF PROCEEDS FROM LIQUIDATION OF NONPROFIT CORPORATION.  (a)  In proceedings under Section 11.405, the property of a nonprofit corporation or the proceeds resulting from a sale, conveyance, or other disposition of its property shall be applied to:(1)  pay, satisfy, and discharge all costs and expenses of the court proceedings and all liabilities and obligations of the nonprofit corporation;  or(2)  make adequate provision for the payment, satisfaction, and discharge of the costs, expenses, liabilities, or obligations described by Subdivision (1).(b)  Any property remaining after application is made under this section must be applied and distributed in the manner provided by Section 22.304.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.414 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter I. Receivership|Section 11.414. Filing of Decree of Involuntary Termination Against Filing Entity

Sec. 11.414.  FILING OF DECREE OF INVOLUNTARY TERMINATION AGAINST FILING ENTITY.  (a)  The clerk of a court that enters a decree terminating the existence of a filing entity under this subchapter shall file a certified copy of the decree in accordance with Chapter 4.(b)  A fee may not be charged for the filing of a decree under this section.(c)  Subject to Section 11.356, the existence of the filing entity ceases when the certified copy of the decree is filed in accordance with Chapter 4.|Added by Acts 2005, 79th Leg., Ch. 64 (H.B. 1319), Sec. 42, eff. January 1, 2006.|
TX Bus Orgs § 12.001 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 12 - Administrative Powers|Subchapter A. Secretary of State|Section 12.001. Authority of Secretary of State

Sec. 12.001.  AUTHORITY OF SECRETARY OF STATE.  (a)  The secretary of state may adopt procedural rules for the filing of instruments, including the filing of instruments by electronic or other means, authorized to be filed with the secretary of state under this code.(b)  The secretary of state has the power and authority reasonably necessary to enable the secretary to perform the duties imposed on the secretary under this code.(c)  The secretary of state, on acceptance of the filing of an instrument authorized to be filed with the secretary of state under this code, may issue:(1)  a certificate that evidences the filing of the instrument;(2)  a letter that acknowledges the filing of the instrument; or(3)  a certificate that evidences the filing of the instrument and a letter that acknowledges the filing of the instrument.(d)  This section and Sections 12.003 and 12.004 do not apply to a domestic real estate investment trust.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.Amended by: Acts 2009, 81st Leg., R.S., Ch. 84 (S.B. 1442), Sec. 26, eff. September 1, 2009.|
TX Bus Orgs § 12.002 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 12 - Administrative Powers|Subchapter A. Secretary of State|Section 12.002. Interrogatories by Secretary of State

Sec. 12.002.  INTERROGATORIES BY SECRETARY OF STATE.  (a)  As necessary and proper for the secretary of state to determine whether a filing entity or a foreign filing entity has complied with this code, the secretary of state may serve by mail interrogatories on the entity or a managerial official.(b)  An entity or individual to whom an interrogatory is sent by the secretary of state shall answer the interrogatory before the later of the 31st day after the date the interrogatory is mailed or a date set by the secretary of state.  Each answer to an interrogatory must be complete, in writing, and under oath.  An interrogatory directed to an individual shall be answered by the individual, and an interrogatory directed to an entity shall be answered by a managerial official.(c)  The secretary of state is not required to file any instrument to which an interrogatory relates until the interrogatory is answered as provided by this section and only if the instrument conforms to the requirements of this code.  The secretary of state shall certify to the attorney general for action as the attorney general may consider appropriate an interrogatory and answer to the interrogatory that disclose a violation of this code.(d)  This section and Sections 12.003 and 12.004 do not apply to domestic real estate investment trusts.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 12.003 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 12 - Administrative Powers|Subchapter A. Secretary of State|Section 12.003. Information Disclosed by Interrogatories

Sec. 12.003.  INFORMATION DISCLOSED BY INTERROGATORIES.  An interrogatory sent by the secretary of state and the answer to the interrogatory are subject to Chapter 552, Government Code.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 12.004 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 12 - Administrative Powers|Subchapter A. Secretary of State|Section 12.004. Appeals From Secretary of State

Sec. 12.004.  APPEALS FROM SECRETARY OF STATE.  (a)  If the secretary of state does not approve the filing of a filing instrument, the secretary of state shall, before the 11th day after the date of the delivery of the filing instrument to the secretary of state, notify the person delivering the filing instrument of the disapproval and specifying each reason for the disapproval.  The disapproval of a filing instrument by the secretary of state may be appealed only to a district court of Travis County by filing with the court clerk a petition, a copy of the filing instrument sought to be filed, and a copy of any written disapproval by the secretary of state of the filing instrument.  The court shall try the appeal de novo and shall sustain the action of the secretary of state or direct the secretary to take any action the court considers to be proper.(b)  A final order or judgment entered by the district court under this section in review of any ruling or decision of the secretary of state may be appealed as in other civil actions.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 12.005 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 12 - Administrative Powers|Subchapter A. Secretary of State|Section 12.005. Fee Waiver for New Veteran-Owned Business

Text of section effective until January 01, 2026Sec. 12.005.  FEE WAIVER FOR NEW VETERAN-OWNED BUSINESS.  The secretary of state shall waive all fees imposed under Subchapter D, Chapter 4, for an entity that is a new veteran-owned business as defined by Section 171.0005, Tax Code, until the earlier of:(1)  the fifth anniversary of the date on which the entity was formed; or(2)  the date the entity ceases to qualify as a new veteran-owned business as defined by Section 171.0005, Tax Code.|Added by Acts 2021, 87th Leg., R.S., Ch. 859 (S.B. 938), Sec. 1, eff. January 1, 2022.Repealed by Acts 2021, 87th Leg., R.S., Ch. 859 (S.B. 938), Sec. 9(1), eff. January 1, 2026.|
TX Bus Orgs § 12.151 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 12 - Administrative Powers|Subchapter B. Attorney General|Section 12.151. Authority of Attorney General to Examine Books and Records

Sec. 12.151.  AUTHORITY OF ATTORNEY GENERAL TO EXAMINE BOOKS AND RECORDS.  Each filing entity and foreign filing entity shall permit the attorney general to inspect, examine, and make copies, as the attorney general considers necessary in the performance of a power or duty of the attorney general, of any record of the entity.  A record of the entity includes minutes and a book, account, letter, memorandum, document, check, voucher, telegram, constitution, and bylaw.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 12.152 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 12 - Administrative Powers|Subchapter B. Attorney General|Section 12.152. Request to Examine

Sec. 12.152.  REQUEST TO EXAMINE.  To examine the business of a filing entity or foreign filing entity, the attorney general shall make a written request to a managerial official, who shall immediately permit the attorney general to inspect, examine, and make copies of the records of the entity.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|