reglab/housing_qa huggingface dataset:
TX Fin Code § 36.305 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter D. Claims Against Receivership Estate|Section 36.305. Unliquidated or Undetermined Claim

Sec. 36.305.  UNLIQUIDATED OR UNDETERMINED CLAIM.  (a)  A claim based on an unliquidated or undetermined demand shall be filed within the period provided by Subchapter C  for the filing of a claim.  The claim may not share in any distribution to claimants until the claim is definitely liquidated, determined, and allowed.  After the claim is liquidated, determined, and allowed, the claim shares ratably with the claims of the same class in all subsequent distributions.(b)  For purposes of this section, a demand is considered unliquidated or undetermined if the right of action on the demand accrued while the bank was closed for liquidation and the liability on the demand has not been determined or the amount of the demand has not been liquidated.(c)  If the receiver in all other respects is in a position to close the receivership proceeding, the proposed closing is sufficient grounds for the rejection of any remaining claim based on an unliquidated or undetermined demand.  The receiver shall notify the claimant of the intention to close the proceeding.  If the demand is not liquidated or determined before the 61st day after the date of the notice, the receiver may reject the claim.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.306 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter D. Claims Against Receivership Estate|Section 36.306. Set-Off

Sec. 36.306.  SET-OFF.  (a)  Mutual credits and mutual debts shall be set off and only the balance allowed or paid, except that a set-off may not be allowed in favor of a person if:(1)  the obligation of the bank to the person on the date the bank was closed for liquidation did not entitle the person to share as a claimant in the assets of the bank;(2)  the obligation of the bank to the person was purchased by or transferred to the person after the date the bank was closed for liquidation or for the purpose of increasing set-off rights;  or(3)  the obligation of the person or the bank is as a trustee or fiduciary.(b)  On request, the receiver shall provide a person with an accounting statement identifying each debt that is due and payable.  A person who owes the bank an amount that is due and payable against which the person asserts a set-off of mutual credits that may become due and payable from the bank in the future shall promptly pay to the receiver the amount due and payable.  The receiver shall promptly refund, to the extent of the person's prior payment, mutual credits that become due and payable to the person by the bank in liquidation.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.307 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter D. Claims Against Receivership Estate|Section 36.307. Action on Claim

Sec. 36.307.  ACTION ON CLAIM.  (a)  Not later than six months after the last day permitted for the filing of claims or a later date allowed by the court, the receiver shall accept or reject in whole or in part each filed claim against the bank in liquidation, except for an unliquidated or undetermined claim governed by Section 36.305.  The receiver shall reject a claim if the receiver doubts its validity.(b)  The receiver shall mail written notice to each claimant specifying the disposition of the person's claim.  If a claim is rejected in whole or in part, the receiver in the notice shall specify the basis for rejection and advise the claimant of the procedures and deadline for appeal.(c)  The receiver shall send each claimant a summary schedule of approved and rejected claims by priority class and notify the claimant:(1)  that a copy of a schedule of claims disposition including only the name of the claimant, the amount of the claim allowed, and the amount of the claim rejected is available on request;  and(2)  of the procedure and deadline for filing an objection to an approved claim.(d)  The receiver or an agent or employee of the receiver, including an employee of the department, is not liable, and a cause of action may not be brought against the person, for an action taken or not taken by the person relating to the adjustment, negotiation, or settlement of a claim.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.308 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter D. Claims Against Receivership Estate|Section 36.308. Objection to Approved Claim

Sec. 36.308.  OBJECTION TO APPROVED CLAIM.  The receiver with court approval shall set a date for objection to an approved claim.  On or before that date a depositor, creditor, other claimant, or shareholder of the bank may file an objection to an approved claim.  The objection shall be heard and determined by the court.  If the objection is sustained, the court shall direct an appropriate modification of the schedule of claims.|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. 60, eff. September 1, 2007.|
TX Fin Code § 36.309 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter D. Claims Against Receivership Estate|Section 36.309. Appeal of Rejected Claim

Sec. 36.309.  APPEAL OF REJECTED CLAIM.  (a)  The receiver's rejection of a claim may be appealed in the court in which the receivership proceeding is pending.  The appeal must be brought within three months after the date of service of notice of the rejection.(b)  If the action is timely brought, review is de novo as if originally filed in the court and subject to the rules of procedure and appeal applicable to civil cases.  This action is separate from the receivership proceeding and is not initiated by a claimant's attempt to appeal the action of the receiver by intervening in the receivership proceeding.(c)  If the action is not timely brought, the action of the receiver is final and not subject to review.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.310 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter D. Claims Against Receivership Estate|Section 36.310. Payment of Claim

Sec. 36.310.  PAYMENT OF CLAIM.  (a)  Except as expressly provided otherwise by this subchapter or Subchapter C, without the approval of the court the receiver may not make a payment on a claim, other than a claim for an obligation incurred by the receiver for administrative expenses.(b)  The receiver may periodically make partial distribution to the holders of approved claims if:(1)  all objections have been heard and decided as provided by Section 36.308;(2)  the time for filing appeals has expired as provided by Section 36.309;  and(3)  a proper reserve is established for the pro rata payment of:(A)  rejected claims that have been appealed;  and(B)  any claims based on unliquidated or undetermined demands governed by Section 36.305.(c)  As soon as practicable after the determination of all objections, appeals, and claims based on previously unliquidated or undetermined demands governed by Section 36.305, the receiver shall distribute the assets of the bank in satisfaction of approved claims other than claims asserted in a person's capacity as a shareholder.|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. 61, eff. September 1, 2007.|
TX Fin Code § 36.311 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter D. Claims Against Receivership Estate|Section 36.311. Priority of Claims Against Insured Bank

Sec. 36.311.  PRIORITY OF CLAIMS AGAINST INSURED BANK.  The distribution of assets from the estate of a bank the deposits of which are insured by the Federal Deposit Insurance Corporation or its successor shall be made in the same order of priority as assets would be distributed on liquidation or purchase of assets and assumption of liabilities of a national bank under federal law.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 36.312 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter D. Claims Against Receivership Estate|Section 36.312. Priority of Claims Against Uninsured Bank

Sec. 36.312.  PRIORITY OF CLAIMS AGAINST UNINSURED BANK.  (a)  The priority of distribution of assets from the estate of a bank the deposits of which are not insured by the Federal Deposit Insurance Corporation or its successor shall be in accordance with the order of each class as provided by this section.  Every claim in each class shall be paid in full, or adequate money shall be retained for that payment, before a member of the next class receives any payment.  A subclass may not be established within a class, except for a preference or subordination within a class expressly created by contract or other instrument or in the certificate of formation.(b)  Assets shall be distributed in the following order of priority:(1)  administrative expenses;(2)  approved claims of secured creditors to the extent of the value of the security as provided by Section 36.304;(3)  approved claims of beneficiaries of insufficient commingled fiduciary money or missing fiduciary property and approved claims of depositors of the bank;(4)  other approved claims of general creditors not falling within a higher priority under this section, including unsecured claims for taxes and debts due the federal government or a state or local government;(5)  approved claims of a type described by Subdivisions (1)-(4) that were not filed within the period prescribed by this subchapter; and(6)  claims of capital note or debenture holders or holders of similar obligations and proprietary claims of shareholders or other owners according to the terms established by issue, class, or series.|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. 62, eff. September 1, 2007.Acts 2013, 83rd Leg., R.S., Ch. 575 (S.B. 804), Sec. 14, eff. June 14, 2013.|
TX Fin Code § 36.313 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter D. Claims Against Receivership Estate|Section 36.313. Excess Assets

Sec. 36.313.  EXCESS ASSETS.  (a)  If bank assets remain after the receiver has provided for unclaimed distributions and all of the liabilities of the bank in liquidation, the receiver shall distribute the remaining assets to the shareholders of the bank.(b)  If the remaining assets are not liquid or if they otherwise require continuing administration, the receiver may call a meeting of the shareholders of the bank.  The receiver shall give notice of the meeting:(1)  in a newspaper of general circulation in the county where the home office of the bank was located; and(2)  by written notice to the shareholders of record at their last known addresses.(c)  At the meeting, the shareholders shall appoint one or more agents to take over the affairs to continue the liquidation for the benefit of the shareholders.  Voting privileges are governed by the bank's bylaws and certificate of formation.  If a quorum cannot be obtained at the meeting, the banking commissioner shall appoint an agent.  An agent appointed under this subsection shall execute and file with the court a bond approved by the court, conditioned on the faithful performance of all the duties of the trust.(d)  Under order of the court the receiver shall transfer and deliver to the agent or agents for continued liquidation under the court's supervision all assets of the bank remaining in the receiver's hands.  The court shall discharge the receiver from further liability to the bank and its depositors, creditors, and shareholders.(e)  The bank may not resume business and the charter of the bank is void on the date the court issues the order directing the receiver to transfer and deliver the remaining assets of the bank to the agent or agents.|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. 63, eff. September 1, 2007.Acts 2013, 83rd Leg., R.S., Ch. 575 (S.B. 804), Sec. 15, eff. June 14, 2013.|
TX Fin Code § 36.314 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 36 - Dissolution and Receivership|Subchapter D. Claims Against Receivership Estate|Section 36.314. Unclaimed Property

Sec. 36.314.  UNCLAIMED PROPERTY.  After completion of the liquidation, any unclaimed property remaining in the hands of the receiver shall be tendered to the comptroller as provided by Chapter 74, Property Code.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.|
TX Fin Code § 59.002 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 59 - Miscellaneous Provisions|Subchapter A. General Provisions|Section 59.002. Slander or Libel of Bank

Sec. 59.002.  SLANDER OR LIBEL OF BANK.  (a)  A person commits an offense if the person:(1)  knowingly makes, circulates, or transmits to another person an untrue statement that is derogatory to the financial condition of a bank located in this state;  or(2)  with intent to injure a bank located in this state, counsels, aids, procures, or induces another person to knowingly make, circulate, or transmit to another person an untrue statement that is derogatory to the financial condition of any bank located in this state.(b)  An offense under this section is a state jail felony.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 344, Sec. 2.016, eff. Sept. 1, 1999.|
TX Fin Code § 59.003 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 59 - Miscellaneous Provisions|Subchapter A. General Provisions|Section 59.003. Authority of Notary Public

Sec. 59.003.  AUTHORITY OF NOTARY PUBLIC.  A notary public is not disqualified from taking an acknowledgment or proof of a written instrument as provided by Section 406.016, Government Code, solely because of the person's ownership of stock or a participation interest in or employment by a financial institution that is an interested party to the underlying transaction.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 344, Sec. 2.016, eff. Sept. 1, 1999.|
TX Fin Code § 59.004 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 59 - Miscellaneous Provisions|Subchapter A. General Provisions|Section 59.004. Succession of Trust Powers

Sec. 59.004.  SUCCESSION OF TRUST POWERS.  (a)  If, at the time of a merger, reorganization, conversion, sale of substantially all of its assets under Chapter 32 or other applicable law, or sale of substantially all of its trust accounts and related activities at a separate branch or other office, a reorganizing or selling financial institution is acting as trustee, guardian, executor, or administrator, or in another fiduciary capacity, a successor or purchasing financial institution with sufficient fiduciary authority may continue the office, trust, or fiduciary relationship:(1)  without the necessity of judicial action or action by the creator of the office, trust, or fiduciary relationship;  and(2)  without regard to whether the successor or purchasing financial institution meets qualification requirements specified in an instrument creating the office, trust, or fiduciary relationship other than a requirement related to geographic locale of account administration, including requirements as to jurisdiction of incorporation, location of principal office, or type of financial institution.(b)  The successor or purchasing financial institution may perform all the duties and exercise all the powers connected with or incidental to the fiduciary relationship in the same manner as if the successor or purchasing financial institution had been originally designated as the fiduciary.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 344, Sec. 2.016, eff. Sept. 1, 1999.|
TX Fin Code § 59.005 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 59 - Miscellaneous Provisions|Subchapter A. General Provisions|Section 59.005. Agency Activities

Sec. 59.005.  AGENCY ACTIVITIES.  (a)  A financial institution may receive deposits, renew time deposits, close loans, service loans, receive payments on loans and other obligations, and perform other services as an agent for another financial institution under a written agency agreement.(b)  A financial institution may not under an agency agreement:(1)  conduct an activity as agent that it would be prohibited from conducting as a principal under applicable state or federal law;  or(2)  have an agent conduct an activity that the bank as principal would be prohibited from conducting under applicable state or federal law.(c)  The banking commissioner may order a state bank or another financial institution subject to the banking commissioner's enforcement powers to cease acting as an agent or principal under an agency agreement in a manner that the banking commissioner finds to be inconsistent with safe and sound banking practices or governing law.(d)  Notwithstanding another law, a financial institution acting as an agent for another financial institution in accordance with this section is not considered to be a branch of the institution acting as principal.(e)  This section does not affect:(1)  authority under another law for a financial institution to act as an agent on behalf of another person or to act as a principal in employing another person as agent;  or(2)  whether an agent's activities on behalf of a financial institution under another law would cause the agent to be considered a branch of the financial institution.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 344, Sec. 2.016, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., ch. 528, Sec. 14, eff. Sept. 1, 2001.|
TX Fin Code § 59.007 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 59 - Miscellaneous Provisions|Subchapter A. General Provisions|Section 59.007. Attachment, Injunction, Execution, or Garnishment

Sec. 59.007.  ATTACHMENT, INJUNCTION, EXECUTION, OR GARNISHMENT.  (a)  An attachment, injunction, execution, or writ of garnishment may not be issued against or served on a financial institution that has its principal office or a branch in this state to collect a money judgment or secure a prospective money judgment against the financial institution before the judgment is final and all appeals have been foreclosed by law.(b)  An attachment, injunction, execution, or writ of garnishment issued to or served on a financial institution for the purpose of collecting a money judgment or securing a prospective money judgment against a customer of the financial institution is governed by Section 59.008 and not this section.|Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.  Amended by Acts 1999, 76th Leg., ch. 344, Sec. 2.016, eff. Sept. 1, 1999.|
TX Fin Code § 59.008 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 59 - Miscellaneous Provisions|Subchapter A. General Provisions|Section 59.008. Claims Against Customers of Financial Institutions

Sec. 59.008.  CLAIMS AGAINST CUSTOMERS OF FINANCIAL INSTITUTIONS.  (a)  A claim against a customer of a financial institution shall be delivered or served as otherwise required or permitted by law at the address designated as the address of the registered agent of the financial institution in a registration filed with the secretary of state pursuant to Section 201.102, with respect to an out-of-state financial institution, or Section 201.103, with respect to a Texas financial institution.(b)  If a financial institution files a registration statement with the secretary of state pursuant to Section 201.102, with respect to an out-of-state financial institution, or Section 201.103, with respect to a Texas financial institution, a claim against a customer of the financial institution is not effective as to the financial institution if the claim is served or delivered to an address other than that designated by the financial institution in the registration as the address of the financial institution's registered agent.(c)  The customer bears the burden of preventing or limiting a financial institution's compliance with or response to a claim subject to this section by seeking an appropriate remedy, including a restraining order, injunction, protective order, or other remedy, to prevent or suspend the financial institution's response to a claim against the customer.(d)  A financial institution that does not file a registration with the secretary of state pursuant to Section 201.102, with respect to an out-of-state financial institution, or Section 201.103, with respect to a Texas financial institution, is subject to service or delivery of all claims against customers of the financial institution as otherwise provided by law.|Added by Acts 1999, 76th Leg., ch. 344, Sec. 2.016, eff. Sept. 1, 1999.|
TX Fin Code § 59.009 (2021)
2021 Texas Statutes|Finance Code|Title 3 - Financial Institutions and Businesses|Subtitle A - Banks|Chapter 59 - Miscellaneous Provisions|Subchapter A. General Provisions|Section 59.009. Compliance Review Committee

Sec. 59.009.  COMPLIANCE REVIEW COMMITTEE.  (a)  A financial institution or an affiliate of a financial institution, including its holding company, may establish a compliance review committee to test, review, or evaluate the financial institution's conduct, transactions, or potential transactions for the purpose of monitoring and improving or enforcing compliance with:(1)  a statutory or regulatory requirement;(2)  financial reporting to a governmental agency;(3)  the policies and procedures of the financial institution or its affiliates;  or(4)  safe, sound, and fair lending practices.(b)  Except as provided by Subsection (c):(1)  a compliance review document is confidential and is not discoverable or admissible in evidence in a civil action;(2)  an individual serving on a compliance review committee or acting under the direction of a compliance review committee may not be required to testify in a civil action as to:(A)  the contents or conclusions of a compliance review document;  or(B)  an action taken or discussions conducted by or for a compliance review committee;  and(3)  a compliance review document or an action taken or discussion conducted by or for a compliance review committee that is disclosed to a governmental agency remains confidential and is not discoverable or admissible in a civil action.(c)  Subsection (b)(2) does not apply to an individual who has management responsibility for the operations, records, employees, or activities being examined or evaluated by the compliance review committee.(d)  This section does not limit the discovery or admissibility in a civil action of a document that is not a compliance review document.|Renumbered from Sec. 59.007 and amended by Acts 1999, 76th Leg., ch. 344, Sec. 2.016, eff. Sept. 1, 1999.|