A state trust company in final liquidation must prepare a list of unclaimed account and property holders, file it with the banking commissioner, turn unclaimed money and property over to the comptroller, and then complete the filing steps needed for charter cancellation.
Sec. 186.108. FINAL LIQUIDATION. (a) After the state trust company has taken all of the actions specified by Sections 186.102, 186.104, 186.105, and 186.107, paid all its debts and obligations, and transferred all property for which a legal claimant has been found after the time for presentation of claims has expired, the state trust company shall make a list from its books of the names of each depositor, creditor, owner of personal property in the state trust company's possession or custody, or lessee of any safe, vault, or box, who has not claimed or has not received a deposit, debt, dividend, interest, balance, or other amount or property due to the person. The list must be sworn to or affirmed by a majority of the board or managing participants of the state trust company. (b) The state trust company shall: (1) file the list and any necessary identifying information with the banking commissioner; (2) pay any unclaimed money and deliver any unclaimed property to the comptroller as provided by Chapter 74, Property Code; and (3) certify to the banking commissioner that the unclaimed money has been paid and unclaimed property has been delivered to the comptroller. (c) After the banking commissioner has reviewed the list and has reconciled the unclaimed cash and property with the amounts of money and property reported and transferred to the comptroller, the banking commissioner shall allow the state trust company to distribute the state trust company's remaining assets, if any, among its shareholders, participants, or participant-transferees as their ownership interests appear. (d) After distribution of all remaining assets under Subsection (c), the state trust company shall file with the department: (1) an affidavit and schedules sworn to or affirmed by a majority of the board or managing participants, showing the distribution to each shareholder, participant, or participant-transferee; (2) all copies of reports of examination of the state trust company in its possession; (3) its original charter or an affidavit stating that the original charter is lost; and (4) any certificates of authority for additional trust offices. (e) After verifying the submitted information and documents, the banking commissioner shall issue a certificate canceling the charter of the state trust company. Added by Acts 1999, 76th Leg., ch. 62, Sec. 7.16(a), eff. Sept. 1, 1999. Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 6.021(a), eff. Sept. 1, 2001.