Tex. Bus. Orgs. Code Section 3.012
Supplemental Provisions Required in Certificate of Formation of Real Estate Investment Trust

In addition to the information required by Section 3.005 (Certificate of Formation), the certificate of formation of a real estate investment trust must state:

(1)

that an assumed name certificate stating the name of the real estate investment trust has been filed in the manner provided by law;

(2)

that the purpose of the real estate investment trust is to:

(A)

purchase, hold, lease, manage, sell, exchange, develop, subdivide, and improve real property and interests in real property, other than severed mineral, oil, or gas royalty interests, and carry on any other business and perform any other action in connection with a purpose described by this paragraph;

(B)

exercise powers conferred by the laws of this state on a real estate investment trust; and

(C)

perform any action described by Chapter 200 (Real Estate Investment Trusts) or Title 1 to the same extent as an individual;

(3)

the post office address of the initial principal office and place of business of the real estate investment trust;

(4)

the aggregate number of shares of beneficial interest the real estate investment trust is authorized to issue and the par value to be received by the real estate investment trust for the issuance of each share;

(5)

if shares described by Subdivision (4) are divided into classes as authorized by Section 200.102 (Classification of Shares) or 200.103 (Classes of Shares Established by Trust Managers), a description of each class of shares, including any preferences, conversion and other rights, voting powers, restrictions, limitations as to dividends, qualifications, and terms and conditions of redemption; and

(6)

that the trust managers shall manage the money or property received for the issuance of shares for the benefit of the shareholders of the real estate investment trust.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.

Source: Section 3.012 — Supplemental Provisions Required in Certificate of Formation of Real Estate Investment Trust, https://statutes.­capitol.­texas.­gov/Docs/BO/htm/BO.­3.­htm#3.­012 (accessed Jun. 5, 2024).

3.001
Formation and Existence of Filing Entities 3.002
Formation and Existence of Nonfiling Entities 3.003
Duration 3.004
Organizers 3.005
Certificate of Formation 3.006
Filings in Case of Merger or Conversion 3.007
Supplemental Provisions Required in Certificate of Formation of For-profit or Professional Corporation 3.008
Supplemental Provisions Required in Certificate of Formation of Close Corporation 3.009
Supplemental Provisions Required in Certificate of Formation of Nonprofit Corporation 3.010
Supplemental Provisions Required in Certificate of Formation of Limited Liability Company 3.011
Supplemental Provisions Regarding Certificate of Formation of Limited Partnership 3.012
Supplemental Provisions Required in Certificate of Formation of Real Estate Investment Trust 3.013
Supplemental Provisions Required in Certificate of Formation of Cooperative Association 3.014
Supplemental Provisions Required in Certificate of Formation of Professional Entity 3.015
Supplemental Provisions Required in Certificate of Formation of Professional Association 3.051
Right to Amend Certificate of Formation 3.052
Procedures to Amend Certificate of Formation 3.053
Certificate of Amendment 3.054
Execution of Certificate of Amendment of For-profit Corporation 3.055
Supplemental Provisions for Certificate of Amendment of Real Estate Investment Trust 3.056
Effect of Filing of Certificate of Amendment 3.057
Right to Restate Certificate of Formation 3.058
Procedures to Restate Certificate of Formation 3.059
Restated Certificate of Formation 3.060
Supplemental Provisions for Restated Certificate of Formation for For-profit Corporation or Professional Corporation 3.061
Supplemental Provisions for Restated Certificate of Formation for Nonprofit Corporation 3.062
Supplemental Provisions for Restated Certificate of Formation for Real Estate Investment Trust 3.063
Effect of Filing of Restated Certificate of Formation 3.101
Governing Authority 3.102
Rights of Governing Persons in Certain Cases 3.103
Officers 3.104
Removal of Officers 3.105
Rights of Officers in Certain Cases 3.151
Books and Records for All Filing Entities 3.152
Governing Person’s Right of Inspection 3.153
Right of Examination by Owner or Member 3.201
Certificated or Uncertificated Ownership Interest 3.202
Form and Validity of Certificates 3.203
Signature Requirement 3.204
Delivery Requirement 3.205
Notice for Uncertificated Ownership Interest 3.251
Definitions 3.252
Provisions in Governing Documents 3.255
Effect of Emergency Action 3.0611
Supplemental Provisions for Restated Certificate of Formation for Limited Liability Company 3.2535
Actions During Emergency Period
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Accessed:
Jun. 5, 2024

§ 3.012’s source at texas​.gov