Tex.
Gov't Code Section 4003.002
Permit Application to Qualify Securities for Sale
(a)
The commissioner may not issue a permit qualifying securities for sale required by Section 4003.001 (Permit Required; Exceptions) until the issuer of the securities or a registered dealer files with the commissioner an application for the permit in the form of a statement containing the following information:(1)
the name, residence, and post office address of each of the company’s officers and directors;(2)
the location of the company’s principal office and each branch office in this state;(3)
a copy of the company’s certificate of formation or articles of incorporation or partnership or association and any amendments to those documents;(4)
if the company is a corporation, a copy of:(A)
all minutes of any proceedings of the company’s directors, stockholders, or members relating to or affecting the issuance of the securities; and(B)
the company’s bylaws and any amendments to the bylaws;(5)
if the company is a trustee, a copy of all instruments by which the trust is created and in which the trust is accepted, acknowledged, or declared;(6)
a statement showing:(A)
the amount of capital stock and, if there is no capital stock, the amount of capital of the issuer that is contemplated to be employed;(B)
the number of shares into which the stock is divided or, if not divided into shares, what division is to be made or is contemplated;(C)
the par value of each share or, if there are shares with no par value, the price at which the security is proposed to be sold; and(D)
the promotional fees or commissions to be paid for the sale of the securities, including:(i)
all compensation of every nature allowed to be paid to the promoters or allowed for the sale of the securities;(ii)
how the compensation is to be paid, whether in cash, securities, service or otherwise, or partly of either or both;(iii)
the amount of cash to be paid or securities to be issued, given, transferred, or sold to promoters for promotion or organization services and expenses; and(iv)
the amount of promotion or organization services and expenses that the issuer will assume or pay in any way;(7)
a copy of:(A)
certificates of the stock and all other securities to be sold or offered for sale, together with application blanks for the stock and securities;(B)
any contract the company proposes to make concerning the securities; and(C)
any prospectus or advertisement or other description of security prepared by or for the company for distribution or publication; and(8)
the statement of financial condition and income statement described by Section 4003.003 (Statement of Financial Condition and Income Statement).(b)
The statement in an application under this section must be:(1)
verified under oath by an executive officer or partner of the issuer or registered dealer filing the application; and(2)
attested by the secretary or partner of the issuer or registered dealer filing the application.
Source:
Section 4003.002 — Permit Application to Qualify Securities for Sale, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.4003.htm#4003.002 (accessed Jun. 5, 2024).
