The articles of incorporation of a corporation formed pursuant to a plan of merger or conversion need not include incorporator information. The articles should be signed by all the incorporators. The Texas Business Corporation Act, article 10.02, provides that if a person signs a document which the person knows is false in any material respect with the intent that the document be delivered to the secretary of state to be filed on behalf of a corporation, the person has committed an offense. The offense is a Class A misdemeanor. Two copies of the articles should be submitted to the secretary of state.
Most errors made in submitting articles of incorporation are procedural rather than substantive.
The secretary of state does not review any of the optional provisions which may be included in the articles of incorporation. A preliminary opinion regarding the name's clearance with statutory and administrative requirements for the filing of entity names is given. The final decision, however, is not made on the name until a document is submitted for filing. Do not advise your client to spend money or enter into contracts based on preliminary clearance of a name. If pre-clearance of a name is obtained by telephone, a name reservation may be submitted to hold the name pending submission of the articles.