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Texas Business Organizations Code - Section 251.354. Failure To File Report

Legal Research Home > Texas Laws > Business Organizations Code > Texas Business Organizations Code - Section 251.354. Failure To File Report

§ 251.354. FAILURE TO FILE REPORT.  (a) If a cooperative 
association required by Section 251.353 to file a copy of a report 
with the secretary of state does not file the report within the 
prescribed time, the secretary of state shall send written notice 
of the requirement by registered mail to the cooperative 
association.  The notice must be sent to the cooperative 
association's principal office not later than the 60th day after 
the date the report becomes due.
	(b)  If a cooperative association is required by Section 
251.353 to file a report at its registered office but not with the 
secretary of state and fails to file the report within the 
prescribed time, the secretary of state or any member of the 
cooperative association may send written notice of the requirement 
by registered mail to the cooperative association's principal 
office.
	(c)  If the cooperative association does not file the report 
before the 61st day after the date notice is sent under Subsection 
(a) or (b), a member of the cooperative association or the attorney 
general may seek a writ of mandamus against the cooperative 
association and the appropriate officer or officers to compel the 
filing of the report.  The court shall require the cooperative 
association or the officer who is determined to be at fault to pay 
the expenses of the proceeding, including attorney's fees.

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

Last modified: August 11, 2007