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Texas Insurance Code - Not Codified - Article 4.60. Distributions; Repayment Of Debt

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Art. 4.60. DISTRIBUTIONS; REPAYMENT OF DEBT. (a) A certified capital company may make a qualified distribution at any time. To make a distribution or payment, other than a qualified distribution, a company must have made qualified investments in an amount cumulatively equal to 100 percent of its certified capital. (b) Notwithstanding Subsection (a) of this article, a company may make repayments of principal and interest on its indebtedness without any restriction, including repayments of indebtedness of the company on which certified investors earned premium tax credits. (c) If a business in which a qualified investment is made relocates its principal business operations to another state during the term of the certified capital company's investment in the business, the cumulative amount of qualified investments made by the certified capital company for purposes of satisfying the requirements of Subsection (a) of this article only is reduced by the amount of the certified capital company's qualified investments in the business that has relocated. This subsection does not apply if the business demonstrates that it has returned its principal business operations to this state not later than the 90th day after the date of its relocation. Added by Acts 2001, 77th Leg., ch. 437, Sec. 1, eff. May 28, 2001.

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Last modified: August 11, 2007