Sec. 36.202. NOTICE AND EFFECT OF CLOSURE; APPOINTMENT OF RECEIVER. (a) After closing a state bank under Section 36.201, the banking commissioner shall place a sign at its main entrance stating that the bank has been closed and the findings on which the closing of the bank is based. A correspondent bank of the closed bank may not pay an item drawn on the account of the closed bank that is presented for payment after the correspondent has received actual notice of closing unless it previously certified the item for payment.
(b) As soon as practicable after posting the sign at the bank's main entrance, the banking commissioner shall tender the bank to the Federal Deposit Insurance Corporation as provided by Section 36.003 or initiate a receivership proceeding by filing a copy of the notice contained on the sign in a district court in the county where the bank's home office is located. The court in which the notice is filed shall docket it as a case styled, "In re liquidation of ____" (inserting the name of the bank). When this notice is filed, the court has constructive custody of all the bank's assets and any action that seeks to directly or indirectly affect bank assets is considered an intervention in the receivership proceeding and is subject to this subchapter and Subchapter D.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Chapter 36 - Dissolution and Receivership
Subchapter C. Involuntary Dissolution and Liquidation
Section 36.201. Action to Close State Bank
Section 36.202. Notice and Effect of Closure; Appointment of Receiver
Section 36.203. Nature and Duration of Receivership
Section 36.204. Contest of Liquidation
Section 36.205. Notice of Bank Closing
Section 36.207. Receiver's Title and Priority
Section 36.210. Pending Lawsuit
Section 36.212. Requiring Record or Other Property in Possession of Other Person
Section 36.213. Injunction in Aid of Liquidation
Section 36.215. Executory Contract; Oral Agreement
Section 36.217. Employees of Receiver
Section 36.218. Disposal of Property; Settling of Claim
Section 36.219. Court Order; Notice and Hearing
Section 36.220. Receiver's Report; Expenses
Section 36.221. Court-Ordered Audit
Section 36.222. Safe Deposits and Other Bailments
Section 36.223. Fiduciary Activities
Section 36.224. Disposition and Maintenance of Records
Section 36.225. Records Admitted
Section 36.226. Resumption of Business
Section 36.227. Assets Discovered After Close of Receivership