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State Law
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Texas Finance Code - Chapter 126 Credit Union Supervision And RegulationLegal Research Home > Texas Lawyer > Finance Code > Texas Finance Code - Chapter 126 Credit Union Supervision And Regulation The commissioner may appoint any person, including the share and deposit guaranty corporation or credit union provided for by Section 15.410, as a conservator or ... (a) Except as provided by Subsections (b) and (c), information obtained directly or indirectly by the department in any manner, including by application or examination, ... An agreement that tends to diminish or defeat the interest of the conservator or liquidating agent in an asset acquired under this chapter, either as ... (a) The department, through examiners it appoints and in accordance with commission rules, shall periodically examine the books and records of each credit union. (b) ... An officer, director, agent, or employee of a credit union shall give an examiner free access to any information relating to the credit union's business, ... (a) In an examination conducted under this subchapter, the commissioner or the commissioner's designee may: (1) subpoena witnesses; (2) administer an oath or affirmation to ... (a) An examiner shall report the results of an examination, including a general statement of the credit union's affairs, on a form prescribed by the ... The commission may establish and a credit union shall pay a fee based on the cost of performing an examination of the credit union. Acts ... (a) The commissioner may immediately issue a conservatorship order and appoint a conservator to manage a credit union's affairs if: (1) the commissioner, in performing ... (a) A conservatorship order must be served personally to an officer or director of the credit union by the commissioner, the deputy commissioner, or another ... Following service of a conservatorship order: (1) the commissioner shall take possession and control of the credit union's books, records, property, assets, and business; and ... Not later than the 30th day after the date on which a conservatorship order is served, the board shall file a written reply to the ... (a) The board may file a written appeal of the conservatorship order with the commissioner. The appeal must include a certified copy of the board ... (a) If the board does not file a reply to the conservatorship order as required by Section 126.104 or fails to request and appear at ... The parties may agree to extend the date and time of the hearing. Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. ... A conservatorship order and a copy of a notice, correspondence, transcript, pleading, or other document relating to the order are confidential and may be disclosed ... A conservator shall exercise the powers authorized under Sections 126.152-126.154 subject to commission rules and under the commissioner's supervision. Acts 1997, 75th Leg., ch. 1008, ... The conservator may: (1) take possession and control of the books, records, property, assets, and business of the credit union; (2) conduct the business and ... The conservator may: (1) determine the existence and amount of claims; (2) allow proved claims of security, preference, or priority; (3) disallow unproved claims of ... The conservator may repudiate a contract or unexpired lease the conservator considers burdensome to the credit union. Acts 1997, 75th Leg., ch. 1008, § 1, ... (a) The conservator may take measures necessary to preserve, protect, and recover the assets or property of the credit union, including filing a lawsuit against ... The conservator shall: (1) take actions as directed by the commissioner to remove the causes and conditions that made the conservatorship necessary; and (2) report ... The conservator shall serve until the purposes of the conservatorship are accomplished. Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. ... If the credit union is rehabilitated, the conservator shall return the management of the credit union to the board under terms that are reasonable and ... (a) The commissioner shall determine and approve any reasonable expenses attributable to the service of a conservator, including costs incurred by the department and the ... (a) A suit filed against a credit union while the credit union is under conservatorship, or against a person in connection with an action taken ... Administrative remedies must be exhausted before a court may: (1) assert jurisdiction over a claim against the conservator or the credit union; or (2) restrain ... After the commissioner has issued a conservatorship order and provided an opportunity for hearing, the commissioner by liquidation order may appoint a liquidating agent and ... The commissioner shall serve a liquidation order in the same manner provided for service of a conservatorship order. Acts 1997, 75th Leg., ch. 1008, § ... (a) Not later than the fifth day after the date on which the liquidation order is served, a credit union that has not requested or ... (a) The court, without notice or hearing, may restrain the commissioner from liquidating the credit union's assets until after a hearing on the suit is ... (a) The court, as soon as possible, shall hear the suit and shall enter a judgment enjoining or refusing to enjoin the commissioner from liquidating ... (a) The commissioner may tender a credit union that has been closed for liquidation to the National Credit Union Administration or its successor as liquidating ... (a) A credit union in liquidation continues in existence to discharge debts, collect and distribute assets, and wind up the credit union's business. (b) The ... (a) This chapter does not prevent compensation of a salaried employee or officer of a credit union during the credit union's liquidation. (b) The compensation ... The liquidating agent shall perform the duties required by the following sections subject to commission rules and under the commissioner's supervision: (1) Sections 126.254-126.258; and ... The liquidating agent shall: (1) receive and take possession of the books, records, assets, and property of the credit union; (2) sell, enforce collection of, ... The liquidating agent shall compound all bad or doubtful debts. Acts 1997, 75th Leg., ch. 1008, § 1, eff. Sept. 1, 1997. ... The liquidating agent shall: (1) sue in the name of the liquidating agent or may sue in the name of the credit union; and (2) ... The liquidating agent shall repudiate a contract or unexpired lease the liquidating agent considers burdensome to the credit union. Acts 1997, 75th Leg., ch. 1008, ... The liquidating agent may execute any document and perform any other action that: (1) the liquidating agent considers necessary or desirable to discharge the liquidating ... (a) A suit against a credit union or its liquidating agent while a liquidation order is in effect must be brought in Travis County. (b) ... Except as provided by Subchapter E, administrative remedies must be exhausted before a court may: (1) assert jurisdiction over a claim against the liquidating agent ... The liquidating agent shall: (1) determine the existence and amount of claims; (2) allow proved claims of security, preference, or priority; (3) settle or release ... (a) The liquidating agent shall give notice to creditors and members to present and prove their claims. (b) The notice must be published once a ... The liquidating agent shall use the credit union's assets to pay, in the following order: (1) secured creditors to the extent of the value of ... (a) The liquidating agent from time to time shall make a ratable liquidation dividend on claims that have been: (1) proved to the satisfaction of ... (a) In a "no publication" liquidation, the liquidating agent shall determine from all sources available, and within the limits of the credit union's available money, ... (a) A claim not filed before the liquidating agent pays the final liquidation dividend is barred. (b) A claim rejected by the liquidating agent is ... (a) On finding that the liquidating agent has failed to properly perform the liquidating agent's duties in a timely and efficient manner or has violated ... The commissioner shall appoint another liquidating agent on a liquidating agent's resignation, death, illness, removal, desertion, or incapacity to function. Acts 1997, 75th Leg., ch. ... (a) The liquidating agent may not acquire an asset of the credit union in liquidation or purchase a loan of the credit union without the ... (a) A liquidating agent is entitled to receive reasonable compensation during the liquidation. (b) The compensation is considered an incidental expense of the liquidation. Acts ... The commissioner shall prescribe the form of a certificate to be completed by the liquidating agent attesting that distribution has been made and liquidation is ... The commissioner, on receipt and approval of the certificate executed under Section 126.401, shall cancel the credit union's certificate of incorporation. Acts 1997, 75th Leg., ... During the three-year period following cancellation of the credit union's certificate of incorporation, the credit union continues to exist and the liquidating agent, or a ... Unless the commissioner has issued a liquidation order, the board may adopt a resolution recommending voluntary dissolution of the credit union and directing submission of ... Not later than the fifth day after the date on which the board's resolution recommending voluntary dissolution is adopted, the board's presiding officer shall notify ... Notice of the special meeting to consider voluntary liquidation shall be mailed by first-class mail to each member of the credit union and the commissioner ... Immediately after notice under Section 126.453 is mailed, the commissioner may restrict control or give direction with respect to the continued business of the credit ... At a special meeting called to consider the proposed liquidation, a majority of the credit union members, but not less than a quorum, may vote ... (a) The board's presiding officer or president and the secretary shall notify the commissioner of the intention to liquidate not later than the fifth day ... (a) If the members approve the liquidation, the board shall appoint a liquidating agent to: (1) conserve and collect the credit union's assets; (2) wind ... A credit union in the process of voluntary dissolution and liquidation remains subject to this subtitle and Chapter 15, including provisions for examination by the ... Last modified: August 10, 2007 |