reglab/housing_qa huggingface dataset:
TX Bus Orgs § 11.307 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter G. Judicial Winding Up and Termination|Section 11.307. Opportunity for Cure After Affirmation of Findings by Appeals Court

Sec. 11.307.  OPPORTUNITY FOR CURE AFTER AFFIRMATION OF FINDINGS BY APPEALS COURT.  (a)  An appellate court that affirms a trial court's findings against a filing entity under this subchapter shall remand the case to the trial court with instructions to grant the filing entity an opportunity to cure the problems for which the entity has been found guilty if:(1)  the filing entity did not make an application to the trial court for stay of the entry of the judgment;(2)  the appellate court is satisfied that the appeal was taken in good faith and not for purpose of delay or with no sufficient cause;(3)  the appellate court finds that the problems for which the filing entity has been found guilty are capable of being cured;  and(4)  the filing entity has prayed for the opportunity to cure its problems in the appeal.(b)  The appellate court shall determine the period, which may not be longer than 60 days after the date the case is remanded to the trial court, to be afforded to a filing entity to enable the filing entity to cure its problems under Subsection (a).(c)  The trial court to which an action against a filing entity has been remanded under this section shall dismiss the action if, during the period prescribed by the appellate court for that conduct, the filing entity cures the problems for which winding up and termination is sought and pays all costs accrued in the action.(d)  If a filing entity has not cured the problems for which winding up and termination is sought within the period prescribed by the appellate court under Subsection (b), the judgment requiring winding up and termination shall become final.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.308 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter G. Judicial Winding Up and Termination|Section 11.308. Jurisdiction and Venue

Sec. 11.308.  JURISDICTION AND VENUE.  (a)  The attorney general shall bring an action for the involuntary winding up and termination of a filing entity under this subchapter in:(1)  a district court of the county in which the registered office or principal place of business of the filing entity in this state is located;  or(2)  a district court of Travis County.(b)  A district court described by Subsection (a) has jurisdiction of the action for involuntary winding up and termination.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.309 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter G. Judicial Winding Up and Termination|Section 11.309. Process in State Action

Sec. 11.309.  PROCESS IN STATE ACTION.  Citation in an action for the involuntary winding up and termination of a filing entity under this subchapter shall be issued and served as provided by law.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.310 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter G. Judicial Winding Up and Termination|Section 11.310. Publication of Notice

Sec. 11.310.  PUBLICATION OF NOTICE.  (a)  Except as provided by Section 17.032, Civil Practice and Remedies Code, if process in an action under this subchapter is returned not found, the attorney general shall publish notice on the public information Internet website maintained as required by Section 72.034, Government Code, and in a newspaper in the county in which the registered office of the filing entity in this state is located.  The notice must contain:(1)  a statement of the pendency of the action;(2)  the title of the court;(3)  the title of the action; and(4)  the earliest date on which default judgment may be entered by the court.(b)  Notice under this section must be published on the public information Internet website for at least two consecutive weeks and in a newspaper at least once a week for two consecutive weeks.  Notice may be published at any time after the citation has been returned.(c)  The attorney general may include in one published notice the name of each filing entity against which an action for involuntary winding up and termination is pending in the same court.(d)  Not later than the 10th day after the date notice under this section is first published, the attorney general shall send a copy of the notice to the filing entity at the filing entity's registered office in this state.  A certificate from the attorney general regarding the sending of the notice is prima facie evidence that notice was sent under this section.(e)  Unless a filing entity has been served with citation, a default judgment may not be taken against the entity before the 31st day after the date the notice is first published.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.Amended by: Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 10.02, eff. June 1, 2020.|
TX Bus Orgs § 11.311 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter G. Judicial Winding Up and Termination|Section 11.311. Action Allowed After Expiration of Filing Entity's Duration

Sec. 11.311.  ACTION ALLOWED AFTER EXPIRATION OF FILING ENTITY'S DURATION.  The expiration of a filing entity's period of duration does not, by itself, create a vested right on the part of an owner or creditor of the filing entity to prevent an action by the attorney general for the involuntary winding up of the filing entity's business and termination of the filing entity's existence.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.312 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter G. Judicial Winding Up and Termination|Section 11.312. Compliance by Terminated Entity

Sec. 11.312.  COMPLIANCE BY TERMINATED ENTITY.  On the decree of a court requiring winding up of a filing entity's business, the filing entity shall comply with:(1)  the requirements of the decree concerning the winding up process;  and(2)  Subchapter B to the extent it does not conflict with the decree.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.313 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter G. Judicial Winding Up and Termination|Section 11.313. Timing of Termination

Sec. 11.313.  TIMING OF TERMINATION.  A court may enter a decree under Section 11.301 terminating the existence of a filing entity:(1)  when the court considers it necessary or advisable;  or(2)  on completion of the winding up process.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.314 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter G. Judicial Winding Up and Termination|Section 11.314. Involuntary Winding Up and Termination of Partnership or Limited Liability Company

Sec. 11.314.  INVOLUNTARY WINDING UP AND TERMINATION OF PARTNERSHIP OR LIMITED LIABILITY COMPANY.  A district court in the county in which the registered office or principal place of business in this state of a domestic partnership or limited liability company is located has jurisdiction to order the winding up and termination of the domestic partnership or limited liability company on application by an owner of the partnership or limited liability company if the court determines that:(1)  the economic purpose of the entity is likely to be unreasonably frustrated;(2)  another owner has engaged in conduct relating to the entity's business that makes it not reasonably practicable to carry on the business with that owner; or(3)  it is not reasonably practicable to carry on the entity's business in conformity with its governing documents.|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. 25, eff. September 1, 2009.Acts 2017, 85th Leg., R.S., Ch. 74 (S.B. 1517), Sec. 7, eff. September 1, 2017.|
TX Bus Orgs § 11.315 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter G. Judicial Winding Up and Termination|Section 11.315. Filing of Decree of Termination Against Filing Entity

Sec. 11.315.  FILING OF DECREE OF TERMINATION AGAINST FILING ENTITY.  (a)  The clerk of a court that enters a decree terminating the existence of a filing entity 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.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.Amended by: Acts 2005, 79th Leg., Ch. 64 (H.B. 1319), Sec. 41, eff. January 1, 2006.|
TX Bus Orgs § 11.351 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter H. Claims Resolution on Termination|Section 11.351. Liability of Terminated Filing Entity

Sec. 11.351.  LIABILITY OF TERMINATED FILING ENTITY.  A terminated filing entity is liable only for an existing claim.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.352 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter H. Claims Resolution on Termination|Section 11.352. Deposit With Comptroller of Amount Due Owners and Creditors Who Are Unknown or Cannot Be Located

Sec. 11.352.  DEPOSIT WITH COMPTROLLER OF AMOUNT DUE OWNERS AND CREDITORS WHO ARE UNKNOWN OR CANNOT BE LOCATED.  (a)  On the voluntary or involuntary termination of a domestic filing entity, the portion of the entity's assets distributable to creditors or owners who are unknown or cannot be found after the exercise of reasonable diligence by a person responsible for the distribution in liquidation of the domestic filing entity's assets must be reduced to cash and deposited as provided by Subsection (b).(b)  Money from assets liquidated under Subsection (a) shall be deposited with the comptroller in a special account to be maintained by the comptroller.  The money must be accompanied by a statement to the comptroller containing:(1)  the name and last known address of each person who is known to be entitled to all or part of the account;(2)  the amount of each entitled person's distributive portion of the money;  and(3)  other information about each person who is entitled to all or part of the money as the comptroller may reasonably require.(c)  The comptroller shall issue a receipt for money received under this section.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.353 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter H. Claims Resolution on Termination|Section 11.353. Discharge of Liability of Person Responsible for Liquidation

Sec. 11.353.  DISCHARGE OF LIABILITY OF PERSON RESPONSIBLE FOR LIQUIDATION.  A person responsible for the distribution in liquidation of a filing entity's assets will be released and discharged from further liability with respect to money received from the liquidation when the person deposits the money with the comptroller under Section 11.352.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.354 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter H. Claims Resolution on Termination|Section 11.354. Payment From Account by Comptroller

Sec. 11.354.  PAYMENT FROM ACCOUNT BY COMPTROLLER.  (a)  To claim money deposited in an account under Section 11.352, a person must submit to the comptroller satisfactory written proof of the person's right to the money not later than the seventh anniversary of the date the money was deposited with the comptroller.(b)  The comptroller shall issue a warrant drawn on the account created under Section 11.352 in favor of a person who meets the requirements for making a claim under Subsection (a) and in the amount to which the person is entitled.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.355 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter H. Claims Resolution on Termination|Section 11.355. Notice of Escheat; Escheat

Sec. 11.355.  NOTICE OF ESCHEAT;  ESCHEAT.  (a)  If no claimant has made satisfactory proof of a right to the money within the period prescribed by Section 11.354(a), the comptroller shall publish in one issue of a newspaper of general circulation in Travis County a notice of the proposed escheat of the money.(b)  A notice published under Subsection (a) must contain:(1)  the name and last known address of any known creditor or owner entitled to the money;(2)  the amount of money deposited with the comptroller;  and(3)  the name of the terminated filing entity from whose assets the money was derived.(c)  If no claimant makes satisfactory proof to the comptroller of a right to the money before the 61st day after the date notice under this section is published, the money automatically escheats to and becomes the property of the state and shall be deposited in the general revenue fund.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.356 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter H. Claims Resolution on Termination|Section 11.356. Limited Survival After Termination

Sec. 11.356.  LIMITED SURVIVAL AFTER TERMINATION.  (a)  Notwithstanding the termination of a domestic filing entity under this chapter, the terminated filing entity continues in existence until the third anniversary of the effective date of the entity's termination only for purposes of:(1)  prosecuting or defending in the terminated filing entity's name an action or proceeding brought by or against the terminated entity;(2)  permitting the survival of an existing claim by or against the terminated filing entity;(3)  holding title to and liquidating property that remained with the terminated filing entity at the time of termination or property that is collected by the terminated filing entity after termination;(4)  applying or distributing property, or its proceeds, as provided by Section 11.053;  and(5)  settling affairs not completed before termination.(b)  A terminated filing entity may not continue its existence for the purpose of continuing the business or affairs for which the terminated filing entity was formed unless the terminated filing entity is reinstated under Subchapter E.(c)  If an action on an existing claim by or against a terminated filing entity has been brought before the expiration of the three-year period after the date of the entity's termination and the claim was not extinguished under Section 11.359, the terminated filing entity continues to survive for purposes of:(1)  the action until all judgments, orders, and decrees have been fully executed;  and(2)  the application or distribution of any property of the terminated filing entity as provided by Section 11.053 until the property has been applied or distributed.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.357 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter H. Claims Resolution on Termination|Section 11.357. Governing Persons of Entity During Limited Survival

Sec. 11.357.  GOVERNING PERSONS OF ENTITY DURING LIMITED SURVIVAL.  (a)  Subject to the provisions of the title governing the terminated filing entity, during the three-year period that a terminated filing entity's existence is continued under Section 11.356, the governing persons of the terminated filing entity serving at the time of termination shall continue to manage the affairs of the terminated filing entity for the limited purposes specified by Section 11.356 and have the powers necessary to accomplish those purposes.  The number of governing persons:(1)  may be reduced because of the death of a governing person;  and(2)  may include successors to governing persons chosen by the other governing persons.(b)  In exercising powers prescribed under Subsection (a), a governing person:(1)  has the same duties to the terminated filing entity that the person had immediately before the termination;  and(2)  is liable to the terminated filing entity for the person's actions taken after the entity's termination to the same extent that the person would have been liable had the person taken those actions before the termination.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.358 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter H. Claims Resolution on Termination|Section 11.358. Accelerated Procedure for Existing Claim Resolution

Sec. 11.358.  ACCELERATED PROCEDURE FOR EXISTING CLAIM RESOLUTION.  (a)  A terminated filing entity may shorten the period for resolving a person's existing claim against the entity by giving notice by registered or certified mail, return receipt requested, to the claimant at the claimant's last known address that the claim must be resolved under this section.(b)  The notice required under Subsection (a) must:(1)  state the requirements of Subsections (c) and (d) for presenting a claim;(2)  provide the mailing address to which the person's claim against the terminated filing entity must be sent;(3)  state that the claim will be extinguished if written presentation of the claim is not received at the address given on or before the date specified in the notice, which may not be earlier than the 120th day after the date the notice is mailed to the person by the terminated filing entity;  and(4)  be accompanied by a copy of this section.(c)  To assert a claim, a person who is notified by a terminated filing entity that the person's claim must be resolved under this section must present the claim in writing to the terminated filing entity at the address given by the entity in the notice.(d)  A claim presented under Subsection (c) must:(1)  contain the:(A)  identity of the claimant;  and(B)  nature and amount of the claim;  and(2)  be received by the terminated filing entity not later than the date specified in the notice under Subsection (b)(3).(e)  If a person presents a claim that meets the requirements of this section, the terminated filing entity to whom the claim is presented may give written notice to the person that the claim is rejected by the terminated entity.(f)  Notice under Subsection (e) must:(1)  be sent by registered or certified mail, return receipt requested, and addressed to the last known address of the person presenting the claim;(2)  state that the claim has been rejected by the terminated entity;(3)  state that the claim will be extinguished unless an action on the claim is brought:(A)  not later than the 180th day after the date the notice of rejection of the claim was mailed to the person;  and(B)  not later than the third anniversary of the effective date of the entity's termination;  and(4)  state the date on which notice of the claim's rejection was mailed and the effective date of the entity's termination.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.359 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter H. Claims Resolution on Termination|Section 11.359. Extinguishment of Existing Claim

Sec. 11.359.  EXTINGUISHMENT OF EXISTING CLAIM.  (a)  Except as provided by Subsection (b), an existing claim by or against a terminated filing entity is extinguished unless an action or proceeding is brought on the claim not later than the third anniversary of the date of termination of the entity.(b)  A person's claim against a terminated filing entity may be extinguished before the period prescribed by Subsection (a) if the person is notified under Section 11.358(a) that the claim will be resolved under Section 11.358 and the person:(1)  fails to properly present the claim in writing under Sections 11.358(c) and (d);  or(2)  fails to bring an action on a claim rejected under Section 11.358(e) before:(A)  the 180th day after the date the notice rejecting the claim was mailed to the person;  and(B)  the third anniversary of the effective date of the entity's termination.(c)  Notwithstanding Subsections (a) and (b), the extinguishment of an existing claim with respect to a terminated filing entity as provided by this section is nullified if:(1)  the filing entity's termination is revoked with retroactive effect under Section 11.153;(2)  the terminated filing entity is reinstated with retroactive effect as provided by Section 11.206;(3)  the terminated filing entity is reinstated with retroactive effect as provided by Section 11.253(d); or(4)  the terminated filing entity's certificate of formation is reinstated under the Tax Code with retroactive effect as provided by Section 11.254.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.Amended by: Acts 2021, 87th Leg., R.S., Ch. 39 (S.B. 1203), Sec. 20, eff. September 1, 2021.|
TX Bus Orgs § 11.401 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter I. Receivership|Section 11.401. Code Governs

Sec. 11.401.  CODE GOVERNS.  A receiver may be appointed for a domestic entity or for a domestic entity's property or business only as provided for and on the conditions set forth in this code.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.402 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter I. Receivership|Section 11.402. Jurisdiction to Appoint Receiver

Sec. 11.402.  JURISDICTION TO APPOINT RECEIVER.  (a)  A court that has subject matter jurisdiction over specific property of a domestic or foreign entity that is located in this state and is involved in litigation has jurisdiction to appoint a receiver for that property as provided by Section 11.403.(b)  A district court in the county in which the registered office or principal place of business of a domestic entity is located has jurisdiction to:(1)  appoint a receiver for the property and business of a domestic entity for the purpose of rehabilitating the entity as provided by Section 11.404; or(2)  order the liquidation of the property and business of a domestic entity and appoint a receiver to effect that liquidation as provided by Section 11.405.|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. 19, eff. September 1, 2011.|