The secretary of state does not maintain the bylaws or tax exempt filings of any nonprofit organization. Some organizations that have obtained tax-exempt status from the Internal Revenue Service are required to make certain documents available to the public.
To successfully start a nonprofit in Texas, the Texas Business Organizations Code requires that your nonprofit has at least three directors. You are allowed to have family members on the board, but if you're starting a public charity, you'll need a majority of board members to not be related to one another.
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.
Texas nonprofits have a few essential rules when it comes to their board of directors: There must be a minimum of three board members. A president and secretary must be included in those board members. The same person cannot be both president and secretary.
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.
Mail to IRS EO Classification, Mail Code 4910DAL, 1100 Commerce St., Dallas, TX 75242-1198 Fax to 214-413-5415, or Email to eoclass@irs. The IRS takes all complaints seriously and scrutinizes all referrals. For more information, go to: /IRS.
Art. 1396-2.16. Vacancies A. Unless otherwise provided in the articles of incorporation or the by-laws, any vacancy occurring in the board of directors shall be filled by the affirmative vote of a majority of the remaining directors though less than a quorum of the board of directors.
Steps for Finding Nonprofit Bylaws: Search IRS databases, request from the nonprofit directly, or check state nonprofit registries. Understanding Bylaws' Importance: Bylaws dictate governance, structure, and compliance for nonprofit operations.
Texas does require bylaws for all nonprofit corporations that must be adopted at the first organizational meeting of the organization's board of directors.
Corporations are legally required to adopt bylaws in Texas – Section 21.057 of the Texas Business Organizations Code states that the board of directors of a corporation shall adopt initial bylaws. So, if your company gets caught in a legal battle without bylaws, you could face some serious legal consequences.