Sec. 183.205. WITHDRAWAL OR REDUCTION OF PARTICIPANT'S CONTRIBUTION TO CAPITAL. (a) Except as otherwise provided by this chapter, a participant may not receive from a limited trust association any part of the participant's contribution to capital unless:
(1) all liabilities of the limited trust association, except liabilities to participants on account of contribution to capital, have been paid;
(2) after the withdrawal or reduction, sufficient property of the limited trust association will remain to pay all liabilities of the limited trust association, except liabilities to participants on account of contribution to capital;
(3) all participants consent; or
(4) the certificate of formation is canceled or amended to set out the withdrawal or reduction.
(b) A participant may demand the return of the participant's contribution to capital on the dissolution of the association and the failure of the full liability participants to exercise the right to carry on the business of the limited trust association as provided by Section 183.208.
(c) A participant may demand the return of the participant's contribution to capital only in cash unless a different form of return of the contribution is allowed by the certificate of formation or by the unanimous consent of all participants.
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. 29, 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