Sec. 200.154. RESTRICTION ON TRANSFER OF SHARES AND OTHER SECURITIES. (a) A restriction on the transfer or registration of transfer of a security may be imposed by:
(1) the real estate investment trust's certificate of formation;
(2) the real estate investment trust's bylaws;
(3) a written agreement among two or more holders of the securities; or
(4) a written agreement among one or more holders of the securities and the real estate investment trust if:
(A) the real estate investment trust files a copy of the agreement at the principal place of business or registered office of the real estate investment trust; and
(B) the copy of the agreement is subject to the same right of examination by a shareholder of the real estate investment trust, in person or by agent, attorney, or accountant, as the books and records of the real estate investment trust.
(b) A restriction imposed under Subsection (a) is not valid with respect to a security issued before the restriction has been adopted, unless the holder of the security voted in favor of the restriction or is a party to the agreement imposing the restriction.
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
Subchapter D. Shareholder Rights and Restrictions
Section 200.151. Registered Holders as Owners
Section 200.153. Characterization and Transfer of Shares and Other Securities
Section 200.154. Restriction on Transfer of Shares and Other Securities
Section 200.155. Valid Restriction on Transfer
Section 200.156. Bylaw or Agreement Restricting Transfer of Shares or Other Securities
Section 200.157. Enforceability of Restriction on Transfer of Certain Securities
Section 200.158. Joint Ownership of Shares
Section 200.159. Liability for Designating Owner of Shares
Section 200.160. Liability Regarding Joint Ownership of Shares
Section 200.161. Limitation of Liability for Obligations
Section 200.162. Preemption of Liability