The organizer or organizers of the nonprofit corporation must execute, acknowledge and file the certificate of formation. Under the Texas Business Organizations Code (TBOC), only one organizer is required and the TBOC provides that any person, partnership, association or corporation, singly or jointly with others, may incorporate or organize a Texas nonprofit corporation regardless of the organizers’ residence, domicile or state of incorporation. Furthermore, an organizer of a Texas nonprofit corporation need not be a U.S. citizen. However, the organizer(s) must sign the certificate and acknowledge it in accordance with Section 4.001 of the TBOC. The certificate of formation is then filed with the Secretary of State of the State of Texas. The basic filing fee is $25.
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