Sec. 36.205. NOTICE OF BANK CLOSING. (a) As soon as reasonably practicable after initiation of the receivership proceeding, the receiver shall publish notice in a newspaper of general circulation in each community where the bank's home office or a branch is located. The notice must state that:
(1) the bank has been closed for liquidation;
(2) depositors and creditors must present their claims for payment on or before a specified date; and
(3) all safe deposit box holders and bailors of property left with the bank should remove their property not later than a specified date.
(b) A date that the receiver selects under Subsection (a):
(1) may not be earlier than the 121st day after the date of the notice; and
(2) must allow:
(A) the affairs of the bank to be wound up as quickly as feasible; and
(B) creditors, depositors, and owners of property adequate time for presentation of claims, withdrawal of accounts, and redemption of property.
(c) The receiver may adjust the dates under Subsection (a) with the approval of the court and with or without republication of notice if additional time appears needed for those activities.
(d) As soon as reasonably practicable given the state of bank records and the adequacy of staffing, the receiver shall mail to each of the bank's known depositors, creditors, safe deposit box holders, and bailors of property left with the bank, at the mailing address shown on the bank's records, an individual notice containing the information required in a notice under Subsection (a) and specific information pertinent to the account or property of the addressee.
(e) The receiver may determine the form and content of notices under this section.
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