NON-PROFIT LAW

Texas Nonprofit FAQ Where can I get a corporate seal, stock certificates, or a minute book? Neither the Texas Non-Profit Corporation Act nor the Texas Business Organizations Code requires a corporation to have a corporate seal; therefore the Secretary of State does not have information or regulations on how to design a seal or where […]

Texas Nonprofit FAQ Can I file my corporation’s bylaws with the Secretary of State? No. The bylaws of a corporation are documents kept by the corporation at its principal office. No statute permits the filing of bylaws with the Secretary of State; therefore, the Secretary of State cannot accept them for filing.

Texas Nonprofit FAQ Do you have to be a U.S. citizen or a US resident to incorporate a nonprofit corporation in Texas? Do you have to be 18 or older to be an officer or director? Neither the Texas Business Organizations Code nor the Texas Non-Profit Corporation Act restricts who can form or be a […]

Texas Nonprofit FAQ What is a registered agent? What are the agent’s duties? Where may a registered office be located? Can the Secretary of State be the registered agent of a corporation, limited liability company, or limited partnership? A registered agent is an individual Texas resident, domestic entity, or foreign entity that has qualified or […]

Texas Nonprofit FAQ How does a nonprofit organization, including a nonprofit corporation, become tax-exempt? Exemption from federal taxes is determined by the IRS. IRS Publication 557, “How to Apply for Recognition of Exemption for an Organization,” describes the rules and procedures for requesting exemption. Questions about federal tax-exempt status can be directed to: IRS, Exempt […]

Nonprofit does not mean tax-exempt. A “tax-exempt organization” is a unique entity that is usually a nonprofit organization. However, a nonprofit organization cannot be exempt from Federal and State income or franchise tax until the organization applies for an exemption and the IRS and the state franchise board issues a determination of exemption.