Texas Business Organizations Code

§ 11.359 — EXTINGUISHMENT OF EXISTING CLAIM

BO § 11.359Title 1. GENERAL PROVISIONS · Ch. 11. WINDING UP AND TERMINATION OF DOMESTIC ENTITY · Art. H. CLAIMS RESOLUTION ON TERMINATION

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(a)Except as provided by Subsection (b), an existing claim by or against a terminated filing entity is extinguished unless an action or proceeding is brought on the claim not later than the third anniversary of the date of termination of the entity.

(b)A person's claim against a terminated filing entity may be extinguished before the period prescribed by Subsection (a) if the person is notified under Section 11.358(a) that the claim will be resolved under Section 11.358 and the person:

(1)fails to properly present the claim in writing under Sections 11.358(c) and (d); or

(2)fails to bring an action on a claim rejected under Section 11.358(e) before:

(A)the 180th day after the date the notice rejecting the claim was mailed to the person; and

(B)the third anniversary of the effective date of the entity's termination.

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Legislative history

Acts 2021, 87th Leg., R.S., Ch. 39 (S.B. 1203), Sec. 20, eff. September 1, 2021. Acts 2023, 88th Leg., R.S., Ch. 27 (S.B. 1514), Sec. 20, eff. September 1, 2023.