Sec. 92.208. COMMON STOCK. (a) A savings bank may not issue common stock before the common stock is fully paid for in cash.
(b) A savings bank may not make a loan against the shares of its outstanding common stock.
(c) A savings bank may not purchase, directly or indirectly, its own issued common stock, except under a stock repurchase plan approved in advance by the commissioner.
(d) A savings bank may not retire or redeem common stock until:
(1) all liabilities of the savings bank are satisfied, including all amounts due to holders of deposit accounts, unless:
(A) prior written permission is obtained from the commissioner; and
(B) the retirement or redemption is authorized by a majority vote of the savings bank's shareholders at an annual meeting or a special meeting called for that purpose;
(2) the basis of the retirement or redemption is approved by the commissioner; and
(3) the savings bank files written consent of the Federal Deposit Insurance Corporation with the commissioner.
(e) Subsections (b) and (c) apply to the securities of the savings bank's holding company and affiliates.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 1018 (H.B. 955), Sec. 5.09, eff. September 1, 2005.
Structure Texas Statutes
Title 3 - Financial Institutions and Businesses
Chapter 92 - Organizational and Financial Requirements
Subchapter E. Operations and Finances
Section 92.201. Books and Records
Section 92.203. Regulatory Capital
Section 92.204. Qualified Thrift Lender Test
Section 92.205. Computation of Income
Section 92.206. Insurance of Deposit Accounts
Section 92.207. Limitation on Issuance of Securities
Section 92.209. Preferred Stock
Section 92.210. Series and Classes of Preferred Stock
Section 92.211. Dividends on Capital Stock
Section 92.212. Use of Surplus Accounts and Expense Fund Contributions