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Texas Business Organizations Code - Section 251.052. Amendment Of Certificate Of Formation

Legal Research Home > Texas Lawyer > Business Organizations Code > Texas Business Organizations Code - Section 251.052. Amendment Of Certificate Of Formation

§ 251.052. AMENDMENT OF CERTIFICATE OF FORMATION.  (a) 
The board of directors of a cooperative association may propose an 
amendment to the cooperative association's certificate of 
formation by a two-thirds vote of the board members.  The members of 
a cooperative association may petition to amend the certificate of 
formation as provided by the bylaws.
	(b)  Not later than the 31st day before the date of the 
meeting, the secretary shall:
		(1)  send notice of a meeting to consider a proposed 
amendment to each member of the cooperative association at the 
member's last known address;  or
		(2)  post notice of a meeting to consider a proposed 
amendment in a conspicuous place in all principal places of 
activity of the cooperative association.
	(c)  The notice required by Subsection (b) must include the 
full text of the proposed amendment and the text of the part of the 
certificate of formation to be amended.
	(d)  To be approved, an amendment must be adopted by the 
affirmative vote of two-thirds of the members voting on the 
amendment.
	(e)  Not later than the 30th day after the date an amendment 
is adopted by the members of a cooperative association, the 
cooperative association shall file a certificate of amendment with 
the secretary of state in accordance with Chapter 4.  The 
certificate of amendment must be:
		(1)  signed by an authorized officer of the cooperative 
association;  and   
		(2)  in the form required by Section 3.052.                                   

Acts 2003, 78th Leg., ch. 182, § 1, eff. Jan. 1, 2006.                     

Last modified: August 11, 2007