Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2024 | Updated by Findlaw Staff
(a) In a judicial proceeding under this section, a court shall enforce a close corporation provision without regard to whether there is an adequate remedy at law.
(b) The court may enforce a close corporation provision by injunction, specific performance, or other relief the court determines to be fair and equitable under the circumstances, including:
(1) damages instead of or in addition to specific enforcement;
(2) the appointment of a provisional director or custodian;
(3) the appointment of a receiver for specific assets of the close corporation in accordance with Section 11.403;
(4) the appointment of a receiver to rehabilitate the close corporation in accordance with Section 11.404;
(5) subject to Section 21.757, the liquidation of the assets and business and involuntary termination of the close corporation and appointment of a receiver to effect the liquidation in accordance with Section 11.405; and
(6) the termination of close corporation status.
(c) The court may not order termination of close corporation status under Subsection (b)(6) unless the court determines that:
(1) any other remedy in law or equity, including appointment of a provisional director, custodian, or other type of receiver, is inadequate; and
(2) the size, the nature of the business, or the number of shareholders of the close corporation, or their relationship to one another or other similar factors, make it wholly impractical to continue close corporation status.
Cite this article: FindLaw.com - Texas Business Organizations Code - BUS ORG § 21.756. Judicial Proceeding to Enforce Close Corporation Provision - last updated January 01, 2024 | https://codes.findlaw.com/tx/business-organizations-code/bus-org-sect-21-756/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)