Sec. 126.201. LIQUIDATION ORDER; APPOINTMENT OF LIQUIDATING AGENT. (a) 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 direct that the credit union be liquidated if:
(1) the board requests issuance of a liquidation order and liquidation of the credit union;
(2) the credit union otherwise consents to the liquidation; or
(3) the commissioner:
(A) finds that the closing of the credit union and the liquidation of the credit union's assets are in the public interest and the best interest of the credit union's members, depositors, and creditors; and
(B) determines that the credit union is not in a condition to continue business and cannot be rehabilitated as provided by this chapter.
(b) If the board consents to the liquidation order and waives the necessity of a conservatorship order, the commissioner may issue a liquidation order without first issuing a conservatorship order.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 19 (S.B. 244), Sec. 23, eff. September 1, 2013.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Chapter 126 - Credit Union Supervision and Regulation
Subchapter E. Liquidation Order; Injunction
Section 126.201. Liquidation Order; Appointment of Liquidating Agent
Section 126.202. Service of Order
Section 126.203. Suit for Injunction
Section 126.204. Action Pending Injunction Hearing
Section 126.205. Hearing on Injunction; Appeal
Section 126.206. National Credit Union Administration as Liquidating Agent