TX Govt Code § 4003.002 (2021)
2021 Texas Statutes|Government Code|Title 12 - Securities Act|Chapter 4003 - Securities|Subchapter A. Permit Qualifying Securities for Sale|Section 4003.002. Permit Application to Qualify Securities for Sale

Sec. 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 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.(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.|Added by Acts 2019, 86th Leg., R.S., Ch. 491 (H.B. 4171), Sec. 1.01, eff. January 1, 2022.|