Sec. 59.004. SUCCESSION OF TRUST POWERS. (a) If, at the time of a merger, reorganization, conversion, sale of substantially all of its assets under Chapter 32 or other applicable law, or sale of substantially all of its trust accounts and related activities at a separate branch or other office, a reorganizing or selling financial institution is acting as trustee, guardian, executor, or administrator, or in another fiduciary capacity, a successor or purchasing financial institution with sufficient fiduciary authority may continue the office, trust, or fiduciary relationship:
(1) without the necessity of judicial action or action by the creator of the office, trust, or fiduciary relationship; and
(2) without regard to whether the successor or purchasing financial institution meets qualification requirements specified in an instrument creating the office, trust, or fiduciary relationship other than a requirement related to geographic locale of account administration, including requirements as to jurisdiction of incorporation, location of principal office, or type of financial institution.
(b) The successor or purchasing financial institution may perform all the duties and exercise all the powers connected with or incidental to the fiduciary relationship in the same manner as if the successor or purchasing financial institution had been originally designated as the fiduciary.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 344, Sec. 2.016, eff. Sept. 1, 1999.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Chapter 59 - Miscellaneous Provisions
Subchapter A. General Provisions
Section 59.002. Slander or Libel of Bank
Section 59.003. Authority of Notary Public
Section 59.004. Succession of Trust Powers
Section 59.005. Agency Activities
Section 59.006. Discovery of Customer Records
Section 59.007. Attachment, Injunction, Execution, or Garnishment
Section 59.008. Claims Against Customers of Financial Institutions
Section 59.009. Compliance Review Committee
Section 59.010. Confidentiality of Administrative Subpoena
Section 59.011. Lender Liability for Construction
Section 59.012. Loans for Developments That Use Harvested Rainwater