Tex. Bus. Orgs. Code § 3.012 · Subchapter A. FORMATION, EXISTENCE, AND CERTIFICATE OF FORMATION
SUPPLEMENTAL PROVISIONS REQUIRED IN CERTIFICATE OF FORMATION OF REAL ESTATE INVESTMENT TRUST.
Text — Current through the 89th 2nd Called Legislative Session, 2025
In addition to the information required by Section 3.005, the certificate of formation of a real estate investment trust must state:
(1) that an assumed name certificate stating the name of the real estate investment trust has been filed in the manner provided by law;
(2) that the purpose of the real estate investment trust is to:
(A) purchase, hold, lease, manage, sell, exchange, develop, subdivide, and improve real property and interests in real property, other than severed mineral, oil, or gas royalty interests, and carry on any other business and perform any other action in connection with a purpose described by this paragraph;
(B) exercise powers conferred by the laws of this state on a real estate investment trust; and
(C) perform any action described by Chapter 200 or Title 1 to the same extent as an individual;
(3) the post office address of the initial principal office and place of business of the real estate investment trust;
(4) the aggregate number of shares of beneficial interest the real estate investment trust is authorized to issue and the par value to be received by the real estate investment trust for the issuance of each share;
(5) if shares described by Subdivision (4) are divided into classes as authorized by Section 200.102 or 200.103, a description of each class of shares, including any preferences, conversion and other rights, voting powers, restrictions, limitations as to dividends, qualifications, and terms and conditions of redemption; and
(6) that the trust managers shall manage the money or property received for the issuance of shares for the benefit of the shareholders of the real estate investment trust.
Notes and commentary — not statutory text
History
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BO/htm/BO.3.htm
- Text hash
- sha256 07e04c4103fcdb67eda0e712f3957727ca9274289be90ac36db26996db53dc65
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Business Organizations Code
- Tex. Bus. Orgs. Code tit. 1GENERAL PROVISIONSPrinted as Title 1
- Tex. Bus. Orgs. Code § 3.005CERTIFICATE OF FORMATION.Printed as Section 3.005
- Tex. Bus. Orgs. Code ch. 200REAL ESTATE INVESTMENT TRUSTSPrinted as Chapter 200
- Tex. Bus. Orgs. Code § 200.102CLASSIFICATION OF SHARES.Printed as Section 200.102 or 200.103
- Tex. Bus. Orgs. Code § 200.103CLASSES OF SHARES ESTABLISHED BY TRUST MANAGERS.Printed as Section 200.102 or 200.103
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Business Organizations Code
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