Sec. 424.112. WITHDRAWALS AND DISTRIBUTIONS  


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  • (a) A pool participant must be able to make withdrawals on demand without penalty or other assessment on any business day, and settlement of funds must occur within a reasonable and customary period that does not exceed five business days after a withdrawal.

    (b) The pooling agreement must provide that the pool manager shall make a distribution to a pool participant, at the manager's discretion:

    (1) in cash in an amount equal to the fair market value at the time of the distribution of the participant's pro rata share of each of the pool's underlying assets;

    (2) in kind in an amount equal to a pro rata share of each underlying asset; or

    (3) in a combination of cash and in-kind distributions in an amount equal to a pro rata share of each underlying asset.

    (c) A distribution under Subsection (b) must be computed after subtracting all the investment pool's applicable fees and expenses.

Added by Acts 2005, 79th Leg., Ch. 727 , Sec. 1, eff. April 1, 2007.