Tex. Fin. Code Section 185.007
Effect of Final Removal or Prohibition Order


(a)

Except as provided by other law, without the prior written approval of the banking commissioner, a person subject to a final and enforceable removal or prohibition order issued by the banking commissioner, or by another state, federal, or foreign financial institution regulatory agency, may not:

(1)

serve as a director, officer, or employee of a state trust company, state bank, or holding company of a state bank, or as a director, officer, or employee with financial responsibility of any other entity chartered, registered, permitted, or licensed by the banking commissioner under the laws of this state while the order is in effect;

(2)

directly or indirectly participate in any manner in the management of such an entity;

(3)

directly or indirectly vote for a director of such an entity; or

(4)

solicit, procure, transfer, attempt to transfer, vote, or attempt to vote a proxy, consent, or authorization with respect to voting rights in such an entity.

(b)

The person subject to the order remains entitled to receive dividends or a share of profits, return of contribution, or other distributive benefit from an entity identified in Subsection (a)(1) with respect to voting securities in the entity owned by the person.

(c)

If voting securities of an entity identified in Subsection (a)(1) cannot be voted under this section, the voting securities are considered to be authorized but unissued for purposes of determining the procedures for and results of the affected vote.

(d)

Participants of a limited trust association in which a participant has been finally removed or prohibited from participation in the state trust company’s affairs under this subchapter shall elect a board of managers.

(e)

This section and Section 185.008 (Limitation on Action) do not prohibit a removal or prohibition order that has indefinite duration or that by its terms is perpetual.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 412, Sec. 3.10, eff. Sept. 1, 2001; Acts 2001, 77th Leg., ch. 1420, Sec. 6.018(a), eff. Sept. 1, 2001.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 183 (S.B. 1165), Sec. 11, eff. May 28, 2011.
Acts 2017, 85th Leg., R.S., Ch. 599 (S.B. 1401), Sec. 15, eff. September 1, 2017.

Source: Section 185.007 — Effect of Final Removal or Prohibition Order, https://statutes.­capitol.­texas.­gov/Docs/FI/htm/FI.­185.­htm#185.­007 (accessed May 18, 2024).

185.0001
Applicability to State Trust Company Subsidiaries
185.001
Determination Letter
185.002
Cease and Desist Order
185.003
Removal or Prohibition Order
185.004
Hearing on Proposed Order
185.005
Emergency Order
185.006
Copy of Letter or Order in State Trust Company Records
185.007
Effect of Final Removal or Prohibition Order
185.008
Limitation on Action
185.009
Enforcement by Commissioner
185.010
Administrative Penalty
185.011
Payment or Appeal of Administrative Penalty
185.012
Confidentiality of Records
185.013
Collection of Fees
185.0035
Removal or Prohibition Orders in Response to Certain Criminal Offenses
185.0071
Application for Release from Final Removal or Prohibition Order
185.101
Order of Supervision
185.102
Order of Conservatorship
185.103
Hearing
185.104
Post-hearing Order
185.105
Confidentiality of Records
185.106
Duties of State Trust Company Under Supervision
185.107
Powers and Duties of Conservator
185.108
Qualifications of Appointee
185.109
Expenses
185.110
Review of Supervisor or Conservator Decisions
185.111
Suit Filed Against or on Behalf of State Trust Company Under Supervision or Conservatorship
185.112
Duration
185.113
Administrative Election of Remedies
185.114
Release Before Hearing
185.201
Investigation of Unauthorized Trust Activity
185.202
Subpoena Authority
185.203
Enforcement of Subpoena
185.204
Confidentiality of Subpoenaed Records
185.205
Evidence
185.206
Cease and Desist Order Regarding Unauthorized Trust Activity
185.207
Emergency Cease and Desist Order
185.208
Appeal of Cease and Desist Order
185.209
Violation of Final Cease and Desist Order
185.210
Administrative Penalty
185.211
Payment and Appeal of Administrative Penalty
185.212
Judicial Review of Administrative Penalty
185.1001
Applicability to State Trust Company Subsidiaries

Accessed:
May 18, 2024

§ 185.007’s source at texas​.gov