Sec. 186.202. NOTICE AND EFFECT OF CLOSURE; APPOINTMENT OF RECEIVER. (a) After closing a state trust company under Section 186.201, the banking commissioner shall attach to or otherwise display at its main entrance a copy of the written closing order issued under Section 186.201(a) and containing the findings on which the closing of the state trust company is based. A correspondent bank of the closed state trust company may not pay an item drawn on the account of the closed state trust company that is presented for payment after the correspondent has received actual notice of closing unless it previously certified the item for payment.
(b) As soon as practicable after posting the closing order at the state trust company's main entrance, the banking commissioner shall tender the state trust company to the Federal Deposit Insurance Corporation as provided by Section 186.003 or initiate a receivership proceeding by filing a certified copy of the closing order in district court in Travis County, subject to Subsection (c). The court in which the closing order is filed shall docket it as a case styled, "In re liquidation of ____" (inserting the name of the state trust company). When the closing order is filed, the court has constructive custody of all the state trust company's assets and any action that seeks to directly or indirectly affect state trust company assets is considered an intervention in the receivership proceeding and subject to this subchapter and Subchapter D.
(c) Venue for an action instituted to effect, contest, or intervene in the liquidation of a state trust company is in Travis County, except that on motion filed and served concurrently with or before the filing of the answer, the court may, on a finding of good cause, transfer the action to the county of the state trust company's home office.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 412, Sec. 3.13, eff. Sept. 1, 2001.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Chapter 186 - Dissolution and Receivership
Subchapter C. Involuntary Dissolution and Liquidation
Section 186.201. Action to Close State Trust Company
Section 186.202. Notice and Effect of Closure; Appointment of Receiver
Section 186.203. Nature and Duration of Receivership
Section 186.204. Contest of Liquidation
Section 186.205. Notice of State Trust Company Closing
Section 186.207. Receiver's Title and Priority
Section 186.210. Pending Lawsuit
Section 186.212. Obtaining Record or Other Property in Possession of Other Person
Section 186.213. Injunction in Aid of Liquidation
Section 186.215. Executory Contract; Oral Agreement
Section 186.217. Employees of Receiver
Section 186.218. Disposal of Property; Settling of Claim
Section 186.219. Court Order; Notice and Hearing
Section 186.220. Receiver's Reports; Expenses
Section 186.221. Court-Ordered Audit
Section 186.222. Safe Deposits and Other Bailments
Section 186.223. Fiduciary Activities
Section 186.224. Disposition and Maintenance of Records
Section 186.225. Records Admitted
Section 186.226. Resumption of Business
Section 186.227. Assets Discovered After Close of Receivership