Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Texas Business and Commerce Code 303.052

  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fraud: Intentional deception resulting in injury to another.
  • Month: means a calendar month. See Texas Government Code 312.011
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Property: means real and personal property. See Texas Government Code 311.005
  • sworn: includes affirm or affirmed. See Texas Government Code 312.011
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

A registration statement under Section 303.051(2) must be submitted on a form the attorney general prescribes or approves and must contain:
(1) for each of the organization’s offices, chapters, local units, branches, and affiliates:
(A) the legal name and each assumed name;
(B) the mailing address and street address; and
(C) each telephone number and facsimile number;
(2) the organization’s employer identification number;
(3) the name, title, address, and telephone number of:
(A) the organization’s executive director or other chief operating officer; and
(B) each of the organization’s officers and directors;
(4) the name of each officer, director, or employee:
(A) whom the organization compensates or who has custody and control of the organization’s money; and
(B) who has been convicted of or pleaded nolo contendere to:
(i) a felony; or
(ii) a misdemeanor involving fraud or the theft, misappropriation, misapplication, or misuse of another’s property;
(5) for each person listed under Subdivision (4), a statement of:
(A) the offense; and
(B) the state, court, and date of each conviction or plea of nolo contendere;
(6) if the organization is a corporation, the date and state of incorporation;
(7) if the organization is not a corporation, the type of organization and date established;
(8) the date the organization began transacting business in this state;
(9) the name and address of the organization’s registered agent in this state;
(10) a statement of the organization’s charitable purposes;
(11) a list of the programs for which funds are solicited;
(12) the day and month on which the organization’s fiscal year ends;
(13) a statement of whether the organization:
(A) is eligible to receive tax-deductible contributions under Section 170, Internal Revenue Code of 1986; and
(B) has applied for or been granted tax-exempt status by the Internal Revenue Service and, if so:
(i) the Internal Revenue Code of 1986 section on which the application was based;
(ii) the application date;
(iii) the date the exemption was granted or denied; and
(iv) a statement of whether or when the tax exemption has ever been denied, revoked, or modified;
(14) a statement that includes:
(A) the method of accounting used and the name, address, and telephone number of each of the organization’s accountants and auditors;
(B) for the preceding 12 months:
(i) the total contributions received;
(ii) the total fund-raising costs, computed according to generally accepted accounting principles;
(iii) if the organization retained a commercial telephone solicitor:
(a) the name and address of each commercial telephone solicitor; and
(b) a written confirmation from each commercial telephone solicitor that it has complied with all state and local registration laws; and
(iv) the amount paid to commercial telephone solicitors; and
(C) a statement that:
(i) the organization has attempted in good faith to comply with each ordinance of a municipality or each order of a county in this state regarding telephone solicitation that has been filed with the attorney general; or
(ii) no ordinance or order described by Subparagraph (i) applies;
(15) if the organization files a federal tax return, a copy of:
(A) the organization’s most recently filed Internal Revenue Service Form 990 and other federal tax returns;
(B) each supplement, amendment, and attachment to those returns; and
(C) each request for an extension to file any of those returns;
(16) if the organization does not file a federal tax return:
(A) a statement of the reason a return is not filed; and
(B) the organization’s most recent financial statements, including audited financial statements, if any have been prepared; and
(17) a sworn statement verifying that the information contained in the registration statement and each attachment to the registration statement is true, correct, and complete to the best of the affiant’s knowledge.