Saturday, September 29, 2012

Forfeiture pursuant to Section 171.309 of the Texas Tax Code of Attorneys for Special Needs Children [Effective February 10, 2012]

[Note: Just a quick rundown for those wondering]

§ 171.301. GROUNDS FOR FORFEITURE OF CHARTER OR 

CERTIFICATE OF AUTHORITY.  It is a ground for the forfeiture of a 

corporation's charter or certificate of authority if:

  (1)  the corporate privileges of the corporation are 

forfeited under this chapter and the corporation does not pay, 

within 120 days after the date the corporate privileges are 

forfeited, the amount necessary for the corporation to revive under 

this chapter its corporate privileges;  or

  (2)  the corporation does not permit the comptroller to 

examine the corporation's records under Section 171.211 of this 

code.

Acts 1981, 67th Leg., p. 1705, ch. 389, § 1, eff. Jan. 1, 1982.  Amended by Acts 1989, 71st Leg., ch. 584, § 111, eff. Sept. 1, 1989.
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§ 171.309. FORFEITURE BY SECRETARY OF STATE.  The 

secretary of state may forfeit the charter or certificate of 

authority of a corporation if:

  (1)  the secretary receives the comptroller's 

certification under Section 171.302 of this code;

  (2)  the corporation does not revive its forfeited 

corporate privileges within 120 days after the date that the 

corporate privileges were forfeited;  and

  (3)  the corporation does not have assets from which a 

judgment for any tax, penalty, or court costs imposed by this 

chapter may be satisfied.

Acts 1981, 67th Leg., p. 1707, ch. 389, § 1, eff. Jan. 1, 1982. Amended by Acts 1984, 68th Leg., 2nd C.S., ch. 10, art. 3, § 6, eff. Sept. 1, 1984.

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§ 171.310. JUDICIAL PROCEEDING NOT REQUIRED FOR 

FORFEITURE BY SECRETARY OF STATE.  The forfeiture by the secretary 

of state of a corporation's charter or certificate of authority 

under this chapter is effected without a judicial proceeding.

Acts 1981, 67th Leg., p. 1707, ch. 389, § 1, eff. Jan. 1, 1982.

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§ 171.311. RECORD OF FORFEITURE BY SECRETARY OF 

STATE.  The secretary of state shall effect a forfeiture of a 

corporation's charter or certificate of authority under this 

chapter by inscribing on the corporation's record in the 

secretary's office the words "Charter Forfeited" or "Certificate 

Forfeited," the date on which this inscription is made, and a 

citation to this chapter as authority for the forfeiture.

Acts 1981, 67th Leg., p. 1707, ch. 389, § 1, eff. Jan. 1, 1982.


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