Sec. 251.403. DISTRIBUTION OF ASSETS    


Latest version.
  • Subject to Sections 11.052 and 11.053(a), the trustees designated under Section 251.401 shall distribute the cooperative association's assets in the following order:

    (1) by returning the par value of the investors' capital to investors;

    (2) by returning the amounts paid on subscriptions to subscribers for invested capital;

    (3) by returning the amount of patronage dividends credited to patrons' accounts to the patrons;

    (4) by returning to members their membership capital; and

    (5) by distributing any surplus in the manner provided by the certificate of formation:

    (A) among the patrons who have been members or subscribers of the cooperative association during the six years preceding the date of termination, on the basis of patronage during that period;

    (B) as a gift to any cooperative association or other nonprofit enterprise designated in the certificate of formation; or

    (C) by a combination of both methods of distribution.

Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006. Amended by: Acts 2007, 80th Leg., R.S., Ch. 688 , Sec. 133, eff. September 1, 2007.