Sec. 182.009. APPLICATION OF GENERAL CORPORATE LAW. (a) The Business Organizations Code applies to a trust association as if it were a for-profit corporation, and to a limited trust association as if it were a limited liability company, to the extent not inconsistent with this subtitle or the proper business of a state trust company, except that:
(1) a reference to the secretary of state means the banking commissioner unless the context requires otherwise; and
(2) the right of shareholders or participants to cumulative voting in the election of directors or managers exists only if granted by the state trust company's certificate of formation.
(b) Unless expressly authorized by this subtitle or a rule of the finance commission, a state trust company may not take an action authorized by a law listed under Subsection (a) regarding its corporate status, capital structure, or a matter of corporate governance, of the type for which a law listed under Subsection (a) would require a filing with the secretary of state if the state trust company were a filing entity, without submitting the filing to the banking commissioner for prior written approval of the action.
(c) The finance commission may adopt rules to alter or supplement the procedures and requirements of the laws listed by Subsection (a) applicable to an action taken under this chapter by a state trust company.
(d) In this subtitle, a reference to a term or phrase listed in a subdivision of Section 1.006, Business Organizations Code, includes a synonymous term or phrase referenced by the same subdivision in Section 1.006 of that code.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 528, Sec. 21, eff. Sept. 1, 2001.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 237 (H.B. 1962), Sec. 68, eff. September 1, 2007.
Acts 2013, 83rd Leg., R.S., Ch. 575 (S.B. 804), Sec. 18, eff. June 14, 2013.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Chapter 182 - Powers, Organization, and Financial Requirements
Subchapter A. Organization and Powers in General
Section 182.001. Organization and General Powers of State Trust Company
Section 182.002. Certificate of Formation of State Trust Company
Section 182.003. Application for State Trust Company Charter; Standards for Approval
Section 182.004. Notice and Investigation of Charter Application
Section 182.005. Protest; Hearing; Decision on Charter Application
Section 182.006. Issuance of Charter
Section 182.007. Deadline to Begin Business
Section 182.008. Restricted Capital
Section 182.009. Application of General Corporate Law
Section 182.0105. Financial Activities
Section 182.011. Exemption From Statutory Provisions for Certain State Trust Companies
Section 182.012. Application for Exemption
Section 182.013. Annual Certification for Exempt State Trust Company
Section 182.014. Limitation on Effect of Exemption
Section 182.015. Change of Control of Exempt State Trust Company
Section 182.016. Grounds for Revocation of Exemption
Section 182.017. Notice and Effect of Revocation of Exemption
Section 182.018. Action After Revocation of Exemption
Section 182.019. Prior Exemption
Section 182.020. Foreign Corporation Exercising Trust Powers