Texas Business and Commerce Code 57.103 – Approval of Sale or Transfer of Business At Request of Personal Representative
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(a) This section applies only to a dealer agreement that is not a single-line dealer agreement.
(b) If a dealer dies and the supplier has contractual authority to approve or deny a request for the sale or transfer of a dealer’s business or an equity ownership interest in the dealer’s business, the personal representative of the dealer’s estate, or any other person with authority to transfer the dealer’s assets, must submit to the supplier a written request for approval of the sale or transfer of the business or ownership interest not later than the 180th day after the date of the dealer’s death.
Terms Used In Texas Business and Commerce Code 57.103
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
(c) If a timely request for approval of a sale or transfer is made as provided by Subsection (b), the supplier must approve or deny the request in accordance with the procedures prescribed by Sections 57.102(c) and (d) for a supplier’s approval or denial of a request for a sale or transfer made under Section 57.102.
(d) Notwithstanding any other provision of this chapter to the contrary, any attempt by the supplier to terminate the dealer agreement as a result of the death of a dealer will be delayed until there has been compliance with the terms of this section or the 180-day period has expired, as applicable.