Texas Statutes
Subchapter D. Operation, Powers, and Duties of Exchange
Section 942.158. Advances of Money by Attorney in Fact

Sec. 942.158. ADVANCES OF MONEY BY ATTORNEY IN FACT. (a) The attorney in fact for an exchange may advance to the exchange any amount of money necessary to conduct the business of the exchange, including any amount necessary to enable the exchange to comply with a legal requirement.
(b) Subject to the approval of the department, the advanced amount and any agreed interest on that amount, not exceeding 10 percent a year:
(1) is payable only from the surplus of the exchange remaining after providing for all reserves, other liabilities, and required surplus; and
(2) may not otherwise be a liability or claim against the exchange or any of the exchange's assets.
(c) A commission, promotion expense, or other bonus may not be paid in connection with the advance of money to the exchange.
(d) The amount of each advance must be reported in the exchange's annual report.
(e) The department may not arbitrarily refuse approval under Subsection (b).
Added by Acts 2001, 77th Leg., ch. 1419, Sec. 1, eff. June 1, 2003.

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