Sec. 66.351. PLACEMENT OF CERTAIN ASSOCIATIONS IN RECEIVERSHIP. (a) After a final liquidation order has been issued under Subchapter F or G for an association the deposits of which are not insured by the Federal Deposit Insurance Corporation or another state or federal agency, the commissioner or liquidating agent may apply to a district court of Travis County to appoint a receiver for the association.
(b) The court shall appoint a receiver if the court finds substantial evidence that:
(1) the commissioner has met all applicable requirements of Subchapter F or G for issuing the liquidation order;
(2) service of the liquidation order has been completed as provided by Section 66.106; and
(3) the order is a final unappealable order under Subchapter F or G.
(c) The court shall appoint the liquidating agent appointed during the liquidation of the association to serve as transitional receiver during the first 60 days of the receivership. The court may appoint a different receiver for the remainder of the receivership.
(d) After the court appoints a receiver, liquidation of the association under the supervision of the commissioner ends and the receiver shall liquidate the association under the supervision of the court.
(e) A receiver is governed by:
(1) Subchapter F, to the extent that subchapter is not inconsistent with this section;
(2) Subchapter G, other than Sections 66.302 and 66.316, and to the extent that subchapter is not inconsistent with this section; and
(3) state law applicable to receiverships generally to the extent the law is not inconsistent with this chapter.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
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