HEAXTORNEY GENERAL 

OFTEXAS 

Hon. W,lll Mann Richardson Opinion No. O-3947 

Assistant Secretary of State Rer Does the Secretary of 

iiustln, Texas State have authority to grant 

charter extension to RiverDear Slrr side State Warehouse Company? 

According to your letter of September 9, 1941, you 

wish to be advised whether in the opinion of this department you 

are authorized to extend the charter of the above named corporation. 

We quote the following paragraphs from your letter: 

“We have been furnished with an application 

for an extension of the charter of the above named 

corporation. This corporation was formed on Se tember 9, 1916 under the provisions of Article 557 f; of 

the Revised Civil Statutes of Texas. This was a 

particular type of corporation in which the charter 

had to be submitted first to the Commissioner of 

Markets and Warehouses. That position has now been 

abolished. 

“The application for an extension of charter is 

drawn up In the proper form, if this department has 

the authority to grant such an extension.” 

Chapter 3, Title 93, Vernon’s Annotated Civil Statutes, 

relating to markets and warehouse corporations (Articles 5578- 

56.11, Revised Civil Statutes, 1925) authorized the issuance of a 

charter to permit any number of persons, not less than ten, sixty 

per cent of whom are engaged in agriculture, horticulture or stock 

raising as a business, with not less than three-fourths of whom 

are resident citizens of Texas, to organize and operate a cooperative association under its provisions, other than in cities of a 

population of 40,000 or over D And further, as provided in Article 

5578, the application for such charter shall contain the information required by the general corporation laws. 

Article 5588 of said statutes provides: 

“Every corporation organized under this chapter 

shall be amenable to and subject to all laws of this 

State governing corporations generally.” 
. . . . 

Hon. Will Mann Richardson, page 2 (O-3947) 

The authority to incorporate under the provisions of 

Chapter 3s dating from the enactment of its provisions, Aots 

1917, 35th Legislature, First Called Session, still remains, although the Legislature by the Aots of 1925, 39th Legislature, 

Chapter 13, abolished the offioe of Commissioner of Markets and 

Warehouses 

sioner of L 

and vested Its functions and duties in the Commlsrioulture. This latter aot in no wise affected the 

rights, powers and operation of suoh corporations in axistenos 

prior to Its passage, and as authorized under the provisions of 

the 1917 act. 

It will be noted that by the provisions of Article 

5581, the application for a charter under Chapter 3 is required 

to be filed with said Commissioner and approved by him prior to 

presenting same to the Secretary of State. And such corporations are under the supervision and control of the Commissioner 

of Agriculture. 

Article 131!?(a), Vernon’s Annotated Civil Statutes, 

in part provides: 

“Subject to a finding by the Secretary of State 

as hereinafter provided, any private corporation organized or incorporated for any purpose or purposes 

authorized under this Title, at any time within ten 

(10) years prior to the expiration of its charter, or 

any extension thereof, may extend such charter and 

the corporate existence of such corporation for an 

additional period of not to exceed fifty (5O)years 

from the expiration date of the original charter, or 

any extension thereof 9 with all the privileges, powers, 

immunities, rights of succession by its corporate name, 

and rights of property, real and personal, exercised 

and held by it at such expiration. 0 e 0 

“Such extensions, however, may be made only in 

instances where the Secretary of State shall have found, 

after proper investigation, that such corporation is 

solvent and its capital unimpaired.” 

Article 1315(b) of said statutes provides that the provisions of Article 1315(a) shall extend to and include all private 

corporations incorporated under the general laws of Texas. 

We have not viewed the present charter nor the corporation’s application for extension thereof. However, from the 

facts stated in your letter, such corporation, organized and existing under the general laws, is within the provisions of Article 

1315(a) 3 supra, authorizing an extension of its charter. 
Hon. Will Mann Richardson, page 3 (O-3947) 

It is therefore~the opinion of this department that 

the Secretary of State has the authority to grant to the 

Riverside State Warehouse Company, a corporation organized 

and incorporated under the provisions of Chapter 

of the Revised Civil Statutes, 1925, an extension 

3, Title 93 

of its charter after such application for an extension has been filed with 

and approved by the Commissioner of Agriculture. 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

By /s/ Wm. J. R. King 

Wm. J. Ft. King, Assistant 

APPROVED SEP 30, 1941 

/s/ Grover Sellers 

FIRST ASSISTANT ATTORNEY GENERAL 

APPROVED: OPINION COMMITTEE 

BY: BWB, CHAIRMAN 

WJRK:GOgwb