Sec. 200.155. VALID RESTRICTION ON TRANSFER. Notwithstanding Sections 200.154 and 200.157, a restriction placed on the transfer or registration of transfer of a security of a real estate investment trust is valid if the restriction reasonably:
(1) obligates the holder of the restricted security to offer a person, including the real estate investment trust or other holders of securities of the real estate investment trust, an opportunity to acquire the restricted security within a reasonable time before the transfer;
(2) obligates the real estate investment trust, to the extent provided by this code, or another person to purchase a security that is the subject of an agreement relating to the purchase and sale of the restricted security;
(3) requires the real estate investment trust or the holders of a class of the real estate investment trust's securities to consent to a proposed transfer of the restricted security or to approve the proposed transferee of the restricted security for the purpose of preventing a violation of law;
(4) prohibits the transfer of the restricted security to a designated person or group of persons and the designation is not manifestly unreasonable; or
(5) maintains a tax advantage to the real estate investment trust, including maintaining its status as a real estate investment trust under the relevant provisions of the Internal Revenue Code and regulations adopted under the Internal Revenue Code.
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