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Corporations in Texas

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  1. Introduction
  2. Corporations in Texas?An Overview
  3. Incorporating a Business
  4. S or C Corporation
  5. Special Licensing or Certification
  6. Federal and State Requirements
    1. Federal Requirements
    2. State Requirements
  7. Taxes
  8. Other Provisions
    1. Naming the Corporation
    2. Business Organization Code
    3. Business Activities and Functions
    4. Amending the Articles of Incorporation
    5. Mergers
  9. Foreign Corporations
  10. Tax Issues in Dissolution
  11. Other Issues Covered by Law
  12. Conclusion

When the Founding Fathers drafted the Constitution and the Bill of Rights, they included a provision that would allow states to dictate laws for issues that would not be directly dealt with by the federal government. The tenth amendment to the Constitution allows states to have some control over lawmaking. Although this provision was put in place to ensure that the central federal government did not unbalance the power of the state governments, in the last 200 years this provision has served as the impetus for the development of a wide range of state specific laws. As such, when an individual moves from one state to another, the specific laws that are used by the state must be considered before certain actions take place. Such is the case with the development and establishment of a corporation.With the realization that different states have different laws when it comes to developing a corporation, there is a clear impetus for organizations to consider these issues before making the decision to locate a corporation in any one specific state. Using this as a basis for research, this investigation considers the legal structure and formation of corporations.

[...] include: Texas Business Corporation, Texas Professional Corporation, Texas Non-Profit Corporation, Foreign Business Corporation transacting business in Texas, and Foreign Non-Profit Corporation conducting affairs in Texas (Choose your , 2004). While the research demonstrates that the requirements for establishing each of these types of corporations are similar, for the purposes of this investigation, the general Texas Business Corporation will be used for investigation. Incorporating a Business The first step that an organization must take to become incorporated is to file articles of incorporation with the Texas Secretary of State. [...]

[...] Federal and State Requirements The final two obligations that must be taken into consideration when establishing a corporation in Texas are business requirements and taxes. Considering first the issue of business requirements, the State of Texas notes that there are a host of federal and state requirements that must be addressed before corporations can begin operations. The requirements are as follows: Federal Requirements: Americans with Disabilities Act requirements; The United States Equal Employment Opportunity Commission (EEOC), which prevents discrimination in the workplace; Occupational Safety and Health Administration (OSHA) requirements; and wage and labor requirements as set forth by the U.S. [...]

[...] In the past, the State Legislature followed a ?Constitutional Rule requiring bills to be read on three separate days in each House? (Article 11.01 The complexity of rules governing the development of corporations in Texas have gown so extensively that this Constitutional provision has been suspended in this particular area. What this clearly demonstrates is that the laws governing the development of corporations in Texas have indeed grown quite extensive and complex in recent years. Although the Business Organization Code was adopted in 2006 with the intention of clarifying many of the problems associated with the laws, in actuality this statute has further defined and refined the laws that govern corporations in the state of Texas. [...]

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