Tex. Fin. Code Section 36.104
Notice of Pending Dissolution


(a)

A state bank initiating voluntary dissolution shall publish notice of its pending dissolution in a newspaper of general circulation in each community where its home office or a branch is located:

(1)

at least once each week for eight consecutive weeks; or

(2)

at other times specified by the banking commissioner or rules adopted under this subtitle.

(b)

The notice must:

(1)

be in the form and include the information required by the banking commissioner; and

(2)

state that:

(A)

the bank is liquidating;

(B)

depositors and creditors must present their claims for payment on or before a specified date; and

(C)

all safe deposit box holders and bailors of property left with the bank should remove their property on or before a specified date.

(c)

The dates selected by the bank under Subsection (b) must:

(1)

be approved by the banking commissioner; and

(2)

allow:

(A)

the affairs of the bank to be wound up as quickly as feasible; and

(B)

creditors, depositors, and owners of property adequate time for presentation of claims, withdrawal of accounts, and redemption of property.

(d)

The banking commissioner may adjust the dates under Subsection (b) with or without republication of notice if additional time appears needed for the activities to which the dates pertain.

(e)

At the time of or promptly after publication of the notice, the bank shall mail to each of the bank’s known depositors, creditors, safe deposit box holders, and bailors of property left with the bank, at the mailing address shown on the bank’s records, an individual notice containing:

(1)

the information required in a notice under Subsection (b); and

(2)

specific information pertinent to the account or property of the addressee.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.

Source: Section 36.104 — Notice of Pending Dissolution, https://statutes.­capitol.­texas.­gov/Docs/FI/htm/FI.­36.­htm#36.­104 (accessed Jun. 5, 2024).

36.001
Definition
36.002
Remedies Exclusive
36.003
Federal Deposit Insurance Corporation as Liquidator
36.004
Appointment of Independent Receiver
36.005
Succession of Trust Powers
36.101
Initiating Voluntary Dissolution
36.102
Filing Resolutions with Banking Commissioner
36.103
Banking Commissioner Investigation and Consent
36.104
Notice of Pending Dissolution
36.105
Safe Deposits and Other Bailments
36.106
Offices to Remain Open
36.107
Fiduciary Activities
36.108
Final Liquidation
36.109
Application of Law to Bank in Dissolution
36.110
Authorization of Deviation from Procedures
36.111
Closure by Banking Commissioner for Involuntary Dissolution and Liquidation
36.112
Application for New Charter
36.201
Action to Close State Bank
36.202
Notice and Effect of Closure
36.203
Nature and Duration of Receivership
36.204
Contest of Liquidation
36.205
Notice of Bank Closing
36.206
Inventory
36.207
Receiver’s Title and Priority
36.208
Rights Fixed
36.209
Depositories
36.210
Pending Lawsuit
36.211
New Lawsuit
36.212
Requiring Record or Other Property in Possession of Other Person
36.213
Injunction in Aid of Liquidation
36.214
Subpoena
36.215
Executory Contract
36.216
Preferences
36.217
Employees of Receiver
36.218
Disposal of Property
36.219
Court Order
36.220
Receiver’s Report
36.221
Court-ordered Audit
36.222
Safe Deposits and Other Bailments
36.223
Fiduciary Activities
36.224
Disposition and Maintenance of Records
36.225
Records Admitted
36.226
Resumption of Business
36.227
Assets Discovered After Close of Receivership
36.301
Filing Claim
36.302
Proof of Claim
36.303
Judgment as Proof of Claim
36.304
Secured Claim
36.305
Unliquidated or Undetermined Claim
36.306
Set-off
36.307
Action on Claim
36.308
Objection to Approved Claim
36.309
Appeal of Rejected Claim
36.310
Payment of Claim
36.311
Priority of Claims Against Insured Bank
36.312
Priority of Claims Against Uninsured Bank
36.313
Excess Assets
36.314
Unclaimed Property

Accessed:
Jun. 5, 2024

§ 36.104’s source at texas​.gov