Sec. 36.226. RESUMPTION OF BUSINESS. (a) A state bank closed under Section 36.201 may not be reopened without the approval of the banking commissioner unless a contest of liquidation under Section 36.204 is finally resolved adversely to the banking commissioner and the court authorizes the bank's reopening.
(b) The banking commissioner may place temporary limits on the right of withdrawals by or payments to individual depositors and creditors of a bank reopened under this section. The limits:
(1) must apply equally to all unsecured depositors and creditors;
(2) may not defer a withdrawal by or payment to a secured depositor or creditor without the person's written consent; and
(3) may not postpone the right of full withdrawal or payment of unsecured depositors or creditors for more than 18 months after the date that the bank reopens.
(c) As a depositor or creditor of a reopened bank, this state or a political subdivision of this state may agree to temporary limits that the banking commissioner places on payments or withdrawals.
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