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Texas Finance Code - FIN § 183.205. Withdrawal or Reduction of Participant's Contribution to Capital

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Except as otherwise provided by this chapter, a participant may not receive from a limited trust association any part of the participant's contribution to capital unless:

(1) all liabilities of the limited trust association, except liabilities to participants on account of contribution to capital, have been paid;

(2) after the withdrawal or reduction, sufficient property of the limited trust association will remain to pay all liabilities of the limited trust association, except liabilities to participants on account of contribution to capital;

(3) all participants consent;  or

(4) the certificate of formation is canceled or amended to set out the withdrawal or reduction.

(b) A participant may demand the return of the participant's contribution to capital on the dissolution of the association and the failure of the full liability participants to exercise the right to carry on the business of the limited trust association as provided by Section 183.208.

(c) A participant may demand the return of the participant's contribution to capital only in cash unless a different form of return of the contribution is allowed by the certificate of formation or by the unanimous consent of all participants.

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Cite this article: FindLaw.com - Texas Finance Code - FIN § 183.205. Withdrawal or Reduction of Participant's Contribution to Capital - last updated January 01, 2024 | https://codes.findlaw.com/tx/finance-code/fin-sect-183-205/

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