Sec. 200.206. LIMITATIONS ON SHARE DIVIDENDS. (a) A real estate investment trust may not pay a share dividend in authorized but unissued shares of any class if the surplus of the real estate investment trust is less than the amount required by Section 200.208 to be transferred to stated capital at the time the share dividend is made.
(b) A share dividend in shares of any class may not be made to a holder of shares of any other class unless:
(1) the real estate investment trust's certificate of formation provides for the dividend; or
(2) the share dividend is authorized by the affirmative vote or the written consent of the holders of at least a majority of the outstanding shares of the class in which the share dividend is to be made.
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 E. Distributions and Share Dividends
Section 200.201. Authority for Distributions
Section 200.202. Limitations on Distributions
Section 200.203. Priority of Distributions
Section 200.204. Reserves, Designations, and Allocations From Surplus
Section 200.205. Authority for Share Dividends
Section 200.206. Limitations on Share Dividends
Section 200.207. Value of Shares Issued as Share Dividends
Section 200.208. Transfer of Surplus for Share Dividends
Section 200.209. Determination of Solvency, Net Assets, Stated Capital, and Surplus