Sec. 183.204. MANAGEMENT OF LIMITED TRUST ASSOCIATION. (a) Management of a limited trust association is vested in the participants in proportion to each participant's contribution to capital, as adjusted periodically to properly reflect any additional contribution. The certificate of formation may provide that management of a limited trust association is vested in a board of managers to be elected annually by the participants as prescribed by the bylaws or the participation agreement.
(b) Participants of a limited trust association may not retain management and must elect a board of managers if:
(1) any participant is disqualified from serving as a managing participant under Section 183.103;
(2) the limited trust association has fewer than five or more than 25 participants; or
(3) any participant has been removed by the banking commissioner under Subchapter A, Chapter 185.
(c) The certificate of formation, bylaws, and participation agreement of a limited trust association may use the term "director" instead of "manager" and the term "board" instead of "board of managers."
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 575 (S.B. 804), Sec. 28, eff. June 14, 2013.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Chapter 183 - Ownership and Management of State Trust Company
Subchapter C. Limited Trust Association
Section 183.201. Liability of Participants and Managers
Section 183.202. Filing of Notice of Full Liability
Section 183.203. Contracting for Debt or Obligation
Section 183.204. Management of Limited Trust Association
Section 183.205. Withdrawal or Reduction of Participant's Contribution to Capital
Section 183.206. Interest in Limited Trust Association; Transferability of Interest
Section 183.207. Bylaws of Limited Trust Association
Section 183.209. Allocation of Profits and Losses
Section 183.210. Distributions
Section 183.211. Application of Other Provisions to Limited Trust Associations