Corporate bylaws are legally required in Texas. Don't mess with Texas—skipping this step could have serious consequences.
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.
(a) The officers of a corporation shall include a president and a secretary and may include one or more vice presidents, a treasurer, and other officers and assistant officers as considered necessary. Any two or more offices, other than the offices of president and secretary, may be held by the same person.
The Texas Business Organizations Code requires that for-profit corporations and professional corporations have at least one director, one president, and one secretary. A single person can be the president, secretary, sole director, and sole shareholder.
23.057. MANAGEMENT BY BOARD OF DIRECTORS; NUMBER OF DIRECTORS. (a) The organization, control, and management of a corporation are vested in a board of directors. The board must consist of not fewer than 15 and not more than 21 directors.
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 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 incorporate in Texas, here's everything you need to know. Choose a Corporate Name. Appoint a Registered Agent. File Certificate of Formation. Prepare Corporate Bylaws. Appoint Directors and Hold the First Meeting. Issue Stock. File a Texas Franchise Public Information Report. Obtain an EIN and Comply With Tax Requirements.
Top 5 States to Start a Nonprofit Delaware. Home to over 5,500 nonprofits , Delaware is a small but popular state to start a charitable organization (even if they operate from another state). Wisconsin. This Badger State is another happening spot for nonprofits. Arizona. Texas. Nevada.
The state of Texas requires you to file Form 202 to incorporate a nonprofit organization and raise funds. Form 202 is the Texas certificate of formation for all nonprofits including 501(c)3. Unlike most states, 501(c)3 and other nonprofits do not have to register with the state before soliciting funds.