Sec. 186.205. NOTICE OF STATE TRUST COMPANY CLOSING    


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  • (a) As soon as reasonably practicable after initiation of the receivership proceeding, the receiver shall publish notice, in a newspaper of general circulation in each community where the state trust company's home office or any additional trust office is located. The notice must state that:

    (1) the state trust company has been closed for liquidation;

    (2) clients and creditors must present their claims for payment on or before a specific date; and

    (3) all safe deposit box holders and bailors of property left with the state trust company should remove their property not later than a specified date.

    (b) A date that the receiver selects under Subsection (a):

    (1) may not be earlier than the 121st day after the date of the notice; and

    (2) must allow:

    (A) the affairs of the state trust company to be wound up as quickly as feasible; and

    (B) creditors, clients, and owners of property adequate time for presentation of claims, withdrawal of accounts, and redemption of property.

    (c) The receiver may adjust the dates under Subsection (a) with the approval of the court and with or without republication of notice if additional time appears needed for those activities.

    (d) As soon as reasonably practicable given the state of state trust company records and the adequacy of staffing, the receiver shall mail to each of the state trust company's known clients, creditors, safe deposit box holders, and bailors of property left with the state trust company, at the mailing address shown on the state trust company's records, an individual notice containing the information required in a notice under Subsection (a) and specific information pertinent to the account or property of the addressee.

    (e) The receiver may determine the form and content of notices under this section.

Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 6.022(a), eff. Sept. 1, 2001.