Sec. 64.072. LIMITED DURATION. (a) Except as provided by this section, a court may not administer a corporation in receivership for more than three years after the date the receiver is appointed, and the court shall wind up the affairs of the corporation within that period.
(b) A court may, from time to time, extend the duration of a corporate receivership if:
(1) litigation prevents the court from winding up the affairs of the corporation within three years; or
(2) the receiver is operating the corporation as a going concern.
(c) To extend the duration of a corporate receivership, the court must have received an application for the extension and, following notice to all attorneys of record, must conduct a hearing on the extension. As required by the best interests of all concerned parties, the court may prescribe conditions for the extension and extend it for a term within the limits provided by Subsection (d). The court shall enter into its minutes the proper order extending the receivership.
(d) A court may not extend a corporate receivership for more than five years beyond the original three years, except that the court may extend for any additional period the receivership of a corporation organized under former Article 3.05(A)(2), Texas Miscellaneous Corporation Laws Act (Article 1302-3.05, Vernon's Texas Civil Statutes), Section 2.006, Business Organizations Code, before September 1, 2009, or a railroad corporation organized under the Business Organizations Code or former Title 112, Revised Statutes.
Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 91 (S.B. 1303), Sec. 5.001, eff. September 1, 2011.
Structure Texas Statutes
Civil Practice and Remedies Code
Title 3 - Extraordinary Remedies
Subchapter E. Provisions Relating to Receivership of Corporations
Section 64.071. Venue for Appointment
Section 64.072. Limited Duration
Section 64.0721. Termination of Railroad Receivership
Section 64.073. Earnings on Improved Property Liable for Debts
Section 64.074. Claims Preference Against Current Earnings
Section 64.075. Forfeiture of Charter for Unqualified Receiver
Section 64.076. Suits Against Railroad Receiver: Venue and Service