Honorable Zollie Steakley Opinion No. Ww-803
Secretary of State
Capitol Station Re: Authority of the Secretary
Austin, Texas of State to accept and file
proposed Articles of In-
corporation containing the
clause that the purpose of
the corporation is "to sup-
port and make contributions
to any religious, charitable,
scientific or educational
Dear Mr. Steakley: undertaking or organization."
You have requested an opinion on the following
questions:
"The opinion of your office is
respectfully requested concerning the
authority of this office to accept and
file the charter of a proposed non-
profit corporation containing a purpose
clause stated generally as follows:
"'The purpose for which the'corpora-
tion is organized is to support and make
contributions to any religious, charitable,
scientific or educational undertaking or
organization.'
I,
. . .
"1. Should the Secretary of State
accept and file the proposed Articles of
Incorporation with the general purpose
clause stated above?
"2. If Question No. 1 is answered
in the affirmative, should the Secretary
Honorable Zollie Steakley, page 2 (w-803).
of State require an elaboration or a
detailed statement as to the manner in
which the corporation will engage in or
carry out its authorized purposes In
order to determine whether the corpora-
tion is exempt from franchise taxes?"
Subdivision A of Article 2.01, Texas Non-Profit
Corporation Act (House Bill 145, Azts of the 56th Legisla-
ture, Regular Session, 1959, Chapter 162, page 286, pro-
vides in part:
"A. Except as hereinafter in this
Article expressly excluded herefrom, non-
profit corporations may be organized under
It is noted that the purpose stated in the Articles
of Incorporation submitted with your request is for specific
purposes named in the Act and, therefore, states a lawful
purpose. It is, therefore, our opinion that you are author-
ized to accept and file the Articles of Incorporation.
In answer to your second question, you are author-
ized to require such informatlon as is necessary for you
to determine whether the corporation is exempt from fran-
chise taxes.
SUMMARY
The Secretary of State is authorized
to accept and file proposed Articles
of Incorporation containing the clause
Honorable Zollie Steakley, page 3 (~~-803).
that its purpose is "to support and
make contributions to any religious,
charitable, scientific or educational
undertaking or organization," as this
clause constitutes a full statement
of the purpose of the corporation as
required by Article 2.01.of the Texas
Non-Profit Corporation Act.
Yours very truly,
WILL WILSON
Attorney General of Texas
Assistant
JR:mfh
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Charles D. Cabaniss
Tom I. McFarling
5. Arthur Sandlin
REVIEWED FOR THE ATTORNEY GENERAL
BY: Leonard Passmore