Case Information
*1 TEEA~RNEY GENERAL OFTEXAS
Bmorahlr Y. 0. FlonwrB
Eeoretary g? sbte
havia couilty
chuan, lwaB Attention ofwillMiumRichardson
Dear Sir:
opinion Ilo. O-2452
Ro: Requirement as to loo&ion of prinoipnl plaoe of -3lxlfaea~ of * oorporation.
nisd11 a~owledgo receipt of your letter of June 6,19cO, in rhioh pu request the opinion af this depnrtaxmt upon the quueation thereln prssented. Tb0 pertinent parts of your letter are:
?requent~y corporations that hare given their prinaipnl plaoe of lus~os8 in one tom ohmge their ptinoipal pbae of business to another M, ad 1~ au& oaeee we require that the charter be amended ahow- ing that obmge.
"!% hare an instxnoo, howcvor, ia nhioh a charitable and benevolent corporation has this provision in it.6 oharterr "*The general chapter of this order is to ba located and ha= its ptincipl office at Fort !Yorth, Tarrant County, Texas, with mob rutmrdinata ohaptcra owr the State of Toxas arnithinthe judgroat and under tie by-lava of this corporation it may be ax- pcdient to orga2ito.'".
You correot the last parapph above quoted 1;; your letter of June 10, 1940, in which you adviser
"lhe crecretary and the head of the oorporation do not live in sort Worth, bnt the annual three day convention of the oorporation is held ic Fort Worth, where all records are kept. All o$ the business of the oorporetion is dote at that time. 3% secretary does oary OP oorrespondenoe from enother olty. however." you desire to Lno~rhether or not, under the oircunstanoee mationed, th,, oorpontion muld be required to file IUI amendment to ita eatier. -- *2 %nombls Y.O.Floweis. Page 2 o-245::
xtiole 1204 of the Rdvissd Civil Statutss enmsrates the inromtiol: ,&ioh :aust be contained in a uharter of a privste oorporatia. pmg such rs- is fouod 6e+lon 2 thereof -rrfic!r reads: quiremnts
"The plaoe or plaoes vhiero its iUSiW3C~ is to b trasmcted.fl The quotaticn from your letter of June 6, 1840, ;'?rsinabors taken from the charter fulfills this requirement.
It was held is the osse of Sanders vs. Yarmsrs' 6tnte paiar 226 m 626, that the residsnos of a oorporatiol: is In ths stats and oo~~ere its prinoipal office is located. ws prir.oipls of law wau lw-afi&.d :" the oa*e of PittshrgWater Wetiter Company VS. ~ullivao, 262 K576,.
f\ oareful exaMoatlo~k of the Yexas 3~3.utos rsvoals no reqtilrsnent that' *e offioers of a corporation Eust reside ir! the city wherS the principal pla& of tusiness of the oorporatior. 5,s.
Under the faots presented to us, we carnot hold, as a matter of lax, that the faot that the searetsry of tho oorporatior In question lives in a oity other than the oity of tho priwzipal place of buciness of such corporation is suffioisnt to require sn ansndr53otto ths oorporate charter.
APPRO'Lii JW:. 27, 1940
Gerald C. MIX
Attorney General of %x&s
U:aW:Sll