Texas Administrative Code

Texas Administrative Code

TITLE 1	ADMINISTRATION
PART 4	OFFICE OF THE SECRETARY OF STATE
CHAPTER 79	BUSINESS ENTITY FILINGS
SUBCHAPTER B	DOCUMENT REVIEW
RULE §79.27	Nonprofit Corporation Periodic Reports

(a) Notice. Notices relating to the filing of a periodic report of a nonprofit corporation under §22.358 of the Texas Business Organizations Code shall be sent to the registered office address of record with the secretary of state. Notices relating to the forfeiture of corporation's right to conduct its affairs shall be sent to the same address specified for the original report, notwithstanding receipt of evidence by the secretary of state that the address specified was an insufficient address or that the mailing of the notice was undeliverable. The failure of the corporation to receive these notices does not relieve the corporation of the requirement to file the periodic report or extend the time within which the required report must be filed.

(b) Changes to Report Information. Changes to the name of the registered agent and to the registered office address may be made by making changes to the information contained in the periodic report. A change to the name of the corporation cannot be effected through the filing of the periodic report. In order to change the name of the corporation, the corporation must file a certificate of amendment or other document amending the certificate of formation.

(c) Failure to Comply. A nonprofit corporation that fails to file the periodic report required within 30 days from the date that the report is sent by the secretary of state will forfeit its right to conduct its affairs in Texas. The failure of a nonprofit corporation to relieve itself of the forfeiture by filing the required report within 120 days of the mailing of the notice of the forfeiture by the secretary of state will result in the involuntary termination of the corporation or revocation of its registration.

(d) Voluntary Submission of a Periodic Report. A nonprofit corporation may submit for filing by the secretary of state a report under the provisions of §22.357 of the Texas Business Organizations Code when not required to do so by the secretary of state. The voluntary submission of a report under this subsection does not relieve the corporation of the requirement to file the periodic report or extend the time within which the report must be filed when the report is specifically required from the corporation by the secretary of state.

Source Note: The provisions of this §79.27 adopted to be effective February 18, 1998, 23 TexReg 1528; amended to be effective January 1, 2010, 34 TexReg 9169