Sec. 274.105. FAILURE TO SEND NOTICE OF SUBSTITUTION; DEFECTIVE NOTICE. (a) If the parties to a substitution agreement under Section 274.101 intentionally fail to send the required notice under Section 274.103, the substitution of the fiduciary is ineffective.
(b) If the parties unintentionally fail to send the required notice, the substitution of the fiduciary is not impaired.
(c) If a substitution of a fiduciary is ineffective because of a defect in the required notice, any action taken by a subsidiary trust company before the substitution is determined to be ineffective is valid if the action would have been valid if performed by the affiliated bank.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Subtitle Z - Miscellaneous Provisions Relating to Financial Institutions and Businesses
Chapter 274 - Substitute or Successor Fiduciary
Subchapter B. Subsidiary Trust Companies as Substitute or Successor Fiduciaries
Section 274.101. Agreement to Substitute Fiduciaries
Section 274.102. Situs of Account Administration
Section 274.103. Notice of Substitution
Section 274.104. Form of Notice of Substitution
Section 274.105. Failure to Send Notice of Substitution; Defective Notice
Section 274.106. Effective Date of Substitution of Fiduciaries
Section 274.107. Hearing on Agreement to Substitute Fiduciaries
Section 274.108. Subsidiary Trust Company as Substitute Fiduciary
Section 274.110. Failure to Send Notice of Change in Situs of Administration
Section 274.111. Effective Date of Change in Situs of Administration of Fiduciary Account
Section 274.112. Hearing on Change in Situs of Administration of Fiduciary Account
Section 274.114. Subsidiary Trust Company as Successor Fiduciary
Section 274.115. Bond of Successor Fiduciary
Section 274.116. Responsibility for Subsidiary Trust Company