Tex.
Fin. Code Section 97.053
Plan of Reorganization
(a)
The plan of reorganization must provide that:(1)
a subsidiary savings bank shall:(A)
be incorporated under Subchapter B (Application to Incorporate), Chapter 92 (Organizational and Financial Requirements); or(B)
on prior approval of the commissioner, be incorporated under Subchapter C (Purpose of Incorporation), Chapter 92 (Organizational and Financial Requirements);(2)
the savings bank shall transfer a substantial part of its assets to the subsidiary savings bank, and the subsidiary savings bank shall assume a substantial part of the savings bank’s liabilities, including all depository liabilities;(3)
as a result of the reorganization, the mutual holding company must hold more than 50 percent of the stock of the subsidiary savings bank; and(4)
after transfer and assumption, persons with prior corresponding rights as depositors or creditors against a savings bank have the same rights with respect to the mutual holding company and the subsidiary savings bank.(b)
The plan of reorganization must set forth the necessary corporate steps for the savings bank to reorganize into a mutual holding company, including:(1)
all required charter amendments; and(2)
a description of the corporate management of the reorganized mutual holding company.(c)
The plan of reorganization may contain any other provision not inconsistent with law or finance commission rules.
Source:
Section 97.053 — Plan of Reorganization, https://statutes.capitol.texas.gov/Docs/FI/htm/FI.97.htm#97.053 (accessed Jun. 5, 2024).
