Sec. 21.301. DEFINITIONS. In this subchapter:
(1) "Distribution limit," with respect to a distribution made by a corporation, other than a distribution described by Subdivision (2), means:
(A) the net assets of the corporation if the distribution:
(i) is a purchase or redemption of its own shares by a corporation that:
(a) is eliminating fractional shares;
(b) is collecting or compromising indebtedness owed by or to the corporation; or
(c) is paying dissenting shareholders entitled to payment for their shares under this code; or
(ii) is made by a consuming assets corporation and is not the purchase or redemption of its own shares; or
(B) the surplus of the corporation for a distribution not described by Paragraph (A).
(2) "Distribution limit," with respect to a distribution that is a purchase or redemption of its own shares by an investment company the certificate of formation of which provides that the company may purchase the company's own shares out of stated capital, means the net assets of the investment company rather than the surplus of the investment company.
(3) "Investment company" means a corporation registered as an open-end company under the Investment Company Act.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 9 (S.B. 847), Sec. 4, eff. September 1, 2013.
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