![]() ![]() The Act addresses a limited number of major issues relating to nonprofit associations namely, the authority of the nonprofit association to acquire, hold and transfer property in its own name the authority to sue and be sued as a separate legal entity and the contract and tort liability of an association's officers and its members. All unincorporated nonprofit associations, whether or not the entities are tax exempt, are subject to the provisions of the Uniform Unincorporated Nonprofit Association Act, Chapter 252 of the BOC. Unincorporated Nonprofit Associations: Section 252.001 of the BOC defines an unincorporated nonprofit association as an unincorporated organization consisting of three or more members joined by mutual consent for a common, nonprofit purpose. Not all nonprofit corporations are entitled to exemption from state or federal taxes. A nonprofit corporation may be created for any lawful purpose, or purposes permitted by the BOC. "Nonprofit corporation" means a corporation no part of the income of which is distributable to members, directors, or officers. A nonprofit corporation is created by filing a certificate of formation with the secretary of state in accordance with the Texas Business Organizations Code ("BOC"). Many, but not all, non-profit organizations choose to incorporate. Nonprofit Corporations: Not all non-profit organizations are filed with the Secretary of State. SOSDirect: Business Searches & Formations.
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