Sec. 34.301. NATURE OF DEPOSIT CONTRACT. (a) A deposit contract between a bank and an account holder is considered a contract in writing for all purposes and may be evidenced by one or more agreements, deposit tickets, signature cards, or notices as provided by Section 34.302, or by other documentation as provided by law.
(b) A cause of action for denial of deposit liability on a deposit contract without a maturity date does not accrue until the bank has denied liability and given notice of the denial to the account holder. A bank that provides an account statement or passbook to the account holder is considered to have denied liability and given the notice as to any amount not shown on the statement or passbook.
(c) To the extent provided by Section 4.102(c), Business & Commerce Code, the laws of this state govern a deposit contract between a bank and a consumer account holder if the branch or separate office of the bank that accepts the deposit contract is located in this state.
Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997. Amended by Acts 1999, 76th Leg., ch. 344, Sec. 2.012, eff. Sept. 1, 1999.
Notes of Decisions
Fed. Deposit Ins. Corp. v. Lenk, 361 S.W.3d 602 (Tex. 2012).
· cites it 14× “" TEX. FIN.CODE § 34.301(b). Thus, as a general matter, a bank's refusal to pay funds on a customer's demand commences the accrual of a demand-based cause of action.”
Hodge v. N. Trust Bank of Texas, N.A., 54 S.W.3d 518 (Tex. App. 2001).
· cites it 2× “Hodge also argues that he can assert causes of action for breach of depository contract and to enforce payment of the CD because those causes of action do not accrue and limitations do not begin to run until demand for payment is made.”
Bank of Am., N.A. v. Haag, 37 S.W.3d 55 (Tex. App. 2001).
“301(a) permits a deposit contract between a bank and an account holder to be evidenced by “one or more agreements, deposit tickets, signature cards, or notices as provided by Section 34.”
In Re Est. of Wilson, 213 S.W.3d 491 (Tex. App. 2007).
“See Tex. Fin.Code Ann. § 34.301(a) (Vernon Supp.”
Lenk v. Guar. Bank, 360 S.W.3d 511 (Tex. App. 2008).
“Tex. Fin.Code Ann. § 34.301 (Vernon 1998 & Supp.”
Francisco Calleja-Ahedo v. Compass Bank (Tex. App. 2015).
· cites it 2× “Calleja proved the 2008 Agreement attached to his Affidavit by admitting that he received the 2008 Agreement. CR 46, 51-70.”
— Tex. Fin. Code § 34.301(a) — 5 cases
Bank of Am., N.A. v. Haag, 37 S.W.3d 55 (Tex. App. 2001).
“301(a) permits a deposit contract between a bank and an account holder to be evidenced by “one or more agreements, deposit tickets, signature cards, or notices as provided by Section 34.”
In Re Est. of Wilson, 213 S.W.3d 491 (Tex. App. 2007).
“See Tex. Fin.Code Ann. § 34.301(a) (Vernon Supp.”
— Tex. Fin. Code § 34.301(b) — 4 cases
Fed. Deposit Ins. Corp. v. Lenk, 361 S.W.3d 602 (Tex. 2012).
“" TEX. FIN.CODE § 34.301(b). Thus, as a general matter, a bank's refusal to pay funds on a customer's demand commences the accrual of a demand-based cause of action.”
Hodge v. N. Trust Bank of Texas, N.A., 54 S.W.3d 518 (Tex. App. 2001).
“Hodge also argues that he can assert causes of action for breach of depository contract and to enforce payment of the CD because those causes of action do not accrue and limitations do not begin to run until demand for payment is made.”
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