Sec. 200.111. PREFORMATION SUBSCRIPTION. (a) A real estate investment trust may determine the payment terms of a preformation subscription unless the payment terms are specified by the subscription. The payment terms may authorize payment in full on acceptance or by installments.
(b) Unless the subscription provides otherwise, a real estate investment trust shall make calls placed to all subscribers of similar interests for payment on preformation subscriptions uniform as far as practicable.
(c) After the real estate investment trust is formed, if a subscriber fails to pay any installment or call when due, the real estate investment trust may:
(1) collect in the same manner as any other debt the amount due on any unpaid preformation subscription; or
(2) forfeit the subscription if the installment or call remains unpaid for 20 days after written notice to the subscriber.
(d) Although the forfeiture of a subscription terminates all the rights and obligations of the subscriber, the real estate investment trust may retain any amount previously paid on the subscription.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Structure Texas Statutes
Title 5 - Real Estate Investment Trusts
Chapter 200 - Real Estate Investment Trusts
Section 200.102. Classification of Shares
Section 200.103. Classes of Shares Established by Trust Managers
Section 200.104. Issuance of Shares
Section 200.105. Types of Consideration for Issuance of Shares
Section 200.106. Determination of Consideration for Shares
Section 200.107. Amount of Consideration for Issuance of Shares With Par Value
Section 200.108. Value of Consideration
Section 200.109. Liability of Assignee or Transferee
Section 200.110. Subscriptions
Section 200.111. Preformation Subscription
Section 200.112. Commitment in Connection With Purchase of Shares