Tex. Fin. Code § 274.103 · Subchapter B. SUBSIDIARY TRUST COMPANIES AS SUBSTITUTE OR SUCCESSOR FIDUCIARIES
NOTICE OF SUBSTITUTION.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Not later than the 91st day before the effective date of a substitution under Section 274.101, the parties to the substitution agreement shall send notice of the substitution to:
(1) any other fiduciary;
(2) each surviving settlor of a trust relating to the fiduciary account;
(3) each issuer of a security for which the affiliated bank administers the fiduciary account;
(4) the plan sponsor of each employee benefit plan relating to the fiduciary account;
(5) the principal of each agency account; and
(6) the guardian of the person of each ward that has the fiduciary account resulting from a guardianship.
(b) If the substitution does not cause a change in the situs of administration of a fiduciary account, the parties to the substitution agreement shall also send notice of the substitution to each person who is readily ascertainable as a beneficiary of the account because the person has received account statements or because a parent, conservator, or guardian of a minor beneficiary has received account statements on the minor's behalf.
(c) If the substitution causes a change in the situs of administration of a fiduciary account, the parties to the substitution agreement shall also send notice of the substitution to:
(1) each adult beneficiary of a trust relating to the account;
(2) each parent, conservator, or guardian of a minor beneficiary receiving or entitled to receive current distributions of income or principal from the account; and
(3) each person who individually or jointly has the power to remove the fiduciary being substituted.
(d) The notice must be sent by United States mail to the person's current address as shown on the fiduciary's records. The fiduciary shall make a reasonable attempt to ascertain the address of a person who does not have an address shown on the fiduciary's records.
Notes and commentary — not statutory text
History
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/FI/htm/FI.274.htm
- Text hash
- sha256 6d45c8edd832ac1b9e069f88171e450dff55eee9ddf63f5e667fd825f9e93b35
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 5 provisions
Provisions in this library whose text cites Tex. Fin. Code § 274.103. Each shows the citation as that text prints it.
Finance Code
- Tex. Fin. Code § 274.101AGREEMENT TO SUBSTITUTE FIDUCIARIES.Printed as Sections 274.103(a)
- Tex. Fin. Code § 274.104FORM OF NOTICE OF SUBSTITUTION.Printed as Section 274.103
- Tex. Fin. Code § 274.105FAILURE TO SEND NOTICE OF SUBSTITUTION; DEFECTIVE NOTICE.Printed as Section 274.103
- Tex. Fin. Code § 274.106EFFECTIVE DATE OF SUBSTITUTION OF FIDUCIARIES.Printed as Section 274.103 | Sections 274.103(a)
- Tex. Fin. Code § 274.109NOTICE OF CHANGE IN SITUS OF ADMINISTRATION OF FIDUCIARY ACCOUNT FOLLOWING SUBSTITUTION.Printed as Sections 274.103(a)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.