Get Texas 802 Form

When filling out the Texas 802 form, there are several important considerations to keep in mind. Below is a list of things you should and shouldn't do to ensure that your submission is accurate and compliant.

• Do provide the legal name of the corporation as it appears in official documents.
• Do include the file number assigned by the Secretary of State to expedite processing.
• Do ensure that the registered agent has given consent to serve in that capacity.
• Do use a street address for the registered office, not a P.O. box or mailbox service.
• Don't forget to list at least three directors, as this is a minimum requirement.
• Don't attempt to act as your own registered agent; you must designate another individual or entity.
• Don't leave any required sections blank; if more space is needed, attach additional information.
• Don't sign the form without reading it carefully to avoid submitting false information.

By adhering to these guidelines, you can help ensure that your Texas 802 form is completed correctly and submitted without unnecessary delays or complications.

What is the Texas 802 form?

The Texas 802 form is a periodic report required for nonprofit corporations operating in Texas. It serves to provide the Secretary of State with updated information about the corporation, including the names and addresses of its directors and officers. This form must be filed at least once every four years, as mandated by Section 22.357 of the Texas Business Organizations Code.

Who is required to file the Texas 802 form?

All nonprofit corporations, whether domestic or foreign, registered to do business in Texas must file the Texas 802 form. This includes any organization that has been established under Texas law or is operating in Texas but formed under the laws of another state or country. Failure to file can lead to serious consequences, including involuntary termination of the corporation.

What information is needed to complete the Texas 802 form?

To complete the Texas 802 form, you will need the following information:

1. The legal name of the corporation.
2. The jurisdiction under which the corporation is formed.
3. The name and address of the registered agent.
4. The registered office address in Texas.
5. The principal office address if the corporation is foreign.
6. The names and addresses of all directors (minimum of three required).
7. The names, addresses, and titles of all officers, including a president and secretary.

What are the filing fees associated with the Texas 802 form?

The filing fee for submitting the Texas 802 form is $5. If the report is not filed within 30 days of the first notification, additional late fees may apply. These fees can accumulate to a maximum of $25. If a corporation has been involuntarily terminated, a reinstatement fee of $25 is also required, along with a tax clearance letter if applicable.

What happens if the Texas 802 form is not filed on time?

Failure to file the Texas 802 form on time can lead to severe repercussions. After receiving notice, a corporation may face involuntary termination or revocation of its registration. This means the corporation can no longer legally operate in Texas. However, reinstatement is possible by filing the Texas 802 form along with the appropriate fees within a specified timeframe.

Can I change the corporation's name while filing the Texas 802 form?

Yes, you can change the name of the corporation while filing the Texas 802 form. However, this requires submitting an amendment (Form 424 or 412) along with the periodic report and the respective fees. Ensure that the new name is available and complies with Texas naming regulations.

How should the Texas 802 form be submitted?

The completed Texas 802 form should be submitted in duplicate to the Secretary of State. You can mail it to the Reports Unit or deliver it in person to the James Earl Rudder Office Building in Austin. Fax submissions are also accepted but require a payment form. It’s advisable to keep a copy for your records.

How to Use Texas 802

Completing the Texas 802 form is an essential step for nonprofit corporations to ensure compliance with state requirements. After filling out the form, you will need to submit it along with the appropriate filing fees. Below are the steps to guide you through the process.

1. File Number: Enter the file number assigned by the Secretary of State to help with processing.
2. Corporation Name: Provide the legal name of your corporation. If you're changing the name, an amendment is required.
3. Jurisdictional Information: Indicate the state or jurisdiction where your corporation is formed.
4. Registered Agent: Choose either a domestic or foreign entity registered in Texas, or an individual resident of Texas. Do not list the corporation itself as the registered agent.
5. Registered Office Address: Fill in the street address where legal documents can be served to the registered agent during business hours. Avoid using a mailbox service as the registered office.
6. Principal Office Address: If your corporation is foreign, provide the address of its principal office in the state or country of incorporation.
7. Directors: List the names and addresses of at least three directors. If you need more space, attach an additional sheet.
8. Officers: Include the names, addresses, and titles of all officers. Ensure that there is a president and a secretary, and note that one person may hold multiple titles, except for president and secretary.
9. Execution: Have an authorized person sign the form, affirming that the registered agent has consented to serve in that capacity. The signature certifies that the information provided is accurate.

Once you have completed the form, make sure to check for accuracy before submission. You will then need to pay the filing fee and send the form to the Secretary of State. Following these steps will help you stay compliant with Texas regulations for nonprofit corporations.

Filling out the Texas 802 form can be a straightforward process, but many individuals make common mistakes that can lead to complications. One significant error is failing to include the file number. This number, assigned by the Secretary of State, helps expedite the processing of the report. Omitting it can delay the filing and create unnecessary hurdles.

Another frequent mistake is providing an incorrect or incomplete corporation name. It is essential to use the legal name exactly as it appears in the certificate of formation. Any discrepancies may lead to rejection of the form or further complications in the filing process.

Many people also overlook the jurisdictional information section. This requires specifying the state or country where the corporation is formed. Failing to provide this information or incorrectly filling it out can result in significant delays or issues with the filing.

When it comes to the registered agent, individuals often mistakenly list the corporation itself as the agent. This is not permissible, as the registered agent must be either a registered entity in Texas or an individual resident. It’s crucial to ensure that the agent has consented to serve in this role, as this is a requirement of the form.

Another common oversight involves the registered office address. This address must be a physical location where the registered agent can be reached during normal business hours. Using a P.O. box or a mailbox service will lead to rejection of the form, so it’s vital to provide a valid street address.

In section six, which pertains to directors, individuals sometimes forget that a minimum of three directors is required. If the form does not accommodate all directors, it is necessary to attach additional information. Neglecting to do so can result in incomplete filings.

Similarly, in the officers section, individuals often fail to list both a president and a secretary. Each of these roles must be filled, and while one person can hold multiple offices, it is important to ensure that both titles are represented to comply with legal requirements.

Another critical mistake is not properly signing the form. The execution section must be completed by an authorized individual. This signature affirms that the registered agent has consented to their appointment and that the information provided is accurate. A missing or incorrect signature can invalidate the filing.

Additionally, individuals sometimes neglect to include the appropriate filing fees. The periodic report requires a fee of $5, and if the report is filed late, additional fees may apply. Ensuring that the correct payment is included is essential to avoid further complications.

Finally, many individuals fail to submit the form in duplicate. The instructions specify that two copies should be sent to the Secretary of State. Not adhering to this requirement can lead to processing delays or the need to resubmit the form altogether.