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Texas Finance Code - Section 33.205. Withdrawal Or Reduction Of Participant's Contribution To Capital

Legal Research Home > Texas Lawyer > Finance Code > Texas Finance Code - Section 33.205. Withdrawal Or Reduction Of Participant's Contribution To Capital

§ 33.205. WITHDRAWAL OR REDUCTION OF PARTICIPANT'S CONTRIBUTION TO CAPITAL. (a) Except as otherwise provided by this chapter, a participant may not receive from a limited banking association any part of the participant's contribution to capital unless: (1) all liabilities of the bank, except liabilities to participants on account of contributions to capital, have been paid; (2) after the withdrawal or reduction, sufficient property of the bank will remain to pay all liabilities of the bank except liabilities to participants on account of contributions to capital; (3) all participants consent; or (4) the articles of association are canceled or amended to set out the withdrawal or reduction. (b) A participant may demand the return of the participant's contribution to capital on the dissolution of the association and the failure of the full liability participants to exercise the right to carry on the business of the limited banking association as provided by Section 33.208. (c) A participant may demand the return of the participant's contribution to capital only in cash unless a different form of return of the contribution is allowed by the articles of association or by the unanimous consent of all participants of the limited banking association. Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997.

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Last modified: August 10, 2007