The Texas Business Organizations Code requires a nonprofit corporation to have at least three directors, one president, and one secretary. The same person cannot be both the president and secretary. Officers and directors must be natural persons, but may be known by other titles.
The Texas Business Organizations Code requires a nonprofit corporation to have at least three directors, one president, and one secretary. The same person cannot be both the president and secretary. Officers and directors must be natural persons, but may be known by other titles.
Bylaws cover a range of topics, including finances, voting, appointing officers and directors, and even what happens if the company needs to close. While you won't need to file your corporate bylaws with the Secretary of State—unlike the Texas Certificate of Formation—every Texas corporation is required to have bylaws.
501(c)(3), (4), (8), (10) or (19) organizations are exempt from Texas franchise tax and sales tax. A federal tax exemption only applies to the specific organization to which it is granted.
Texas does require bylaws for all nonprofit corporations that must be adopted at the first organizational meeting of the organization's board of directors. However, the Texas Secretary of State doesn't require nonprofits to file their bylaws with the state.
If you live in the U.S., you'll need to: Incorporate your nonprofit. Obtain an Employer Identification Number (EIN) Apply for tax-exempt status. Register with your state to collect donations. File Form 990 on an annual basis to maintain your tax-exempt status.
Your bylaws should help you resolve internal conflict, and demonstrate your commitment to responsibly managing donations to both the IRS and the general public. Not all states require nonprofits to draft these governing documents, but Texas does.
Traditionally, when starting a nonprofit, the best choice for legal structure is to form a nonprofit corporation at the state level and to apply for 501(c)(3) tax exemption at the federal level.
Can I form a nonprofit LLC in Texas? The Texas Business Organizations Code (BOC) does not recognize the term "nonprofit LLC" as describing a specific type of entity, but the BOC does allow for the formation of an LLC with a nonprofit purpose.