Tex. Gov't Code § 4003.002 · Subchapter A. PERMIT QUALIFYING SECURITIES FOR SALE
PERMIT APPLICATION TO QUALIFY SECURITIES FOR SALE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The commissioner may not issue a permit qualifying securities for sale required by Section 4003.001 until the issuer of the securities or a registered dealer files with the commissioner an application for the permit in the form of a statement containing the following information:
(1) the name, residence, and post office address of each of the company's officers and directors;
(2) the location of the company's principal office and each branch office in this state;
(3) a copy of the company's certificate of formation or articles of incorporation or partnership or association and any amendments to those documents;
(4) if the company is a corporation, a copy of:
(A) all minutes of any proceedings of the company's directors, stockholders, or members relating to or affecting the issuance of the securities; and
(B) the company's bylaws and any amendments to the bylaws;
(5) if the company is a trustee, a copy of all instruments by which the trust is created and in which the trust is accepted, acknowledged, or declared;
(6) a statement showing:
(A) the amount of capital stock and, if there is no capital stock, the amount of capital of the issuer that is contemplated to be employed;
(B) the number of shares into which the stock is divided or, if not divided into shares, what division is to be made or is contemplated;
(C) the par value of each share or, if there are shares with no par value, the price at which the security is proposed to be sold; and
(D) the promotional fees or commissions to be paid for the sale of the securities, including:
(i) all compensation of every nature allowed to be paid to the promoters or allowed for the sale of the securities;
(ii) how the compensation is to be paid, whether in cash, securities, service or otherwise, or partly of either or both;
(iii) the amount of cash to be paid or securities to be issued, given, transferred, or sold to promoters for promotion or organization services and expenses; and
(iv) the amount of promotion or organization services and expenses that the issuer will assume or pay in any way;
(7) a copy of:
(A) certificates of the stock and all other securities to be sold or offered for sale, together with application blanks for the stock and securities;
(B) any contract the company proposes to make concerning the securities; and
(C) any prospectus or advertisement or other description of security prepared by or for the company for distribution or publication; and
(8) the statement of financial condition and income statement described by Section 4003.003.
(b) The statement in an application under this section must be:
(1) verified under oath by an executive officer or partner of the issuer or registered dealer filing the application; and
(2) attested by the secretary or partner of the issuer or registered dealer filing the application.
Notes and commentary — not statutory text
History
Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/GV/htm/GV.4003.htm
- Text hash
- sha256 37cecff28dc75d5d2950216cf497a00ebe4c97f6d07e7586f39bf63d4d971f86
- 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.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.