Texas Attorney General Opinion: O-4472 Page: 3 of 4
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Bonorable William J. Lawso, Page S
After having edopted the terms and provisions of
Chapter 8, supre, the corporation no seeks to amend its
charter so as to have as its purpose clause ubdivision 40
of Article 1309, supre, reading:
"40. To buy and sell goods, wares and
merchandise of any description, by wholesale
or wholesale and retail, ith a capital
stock of not less than twenty thousand dol-
larn; provided, suoh wholesale and retail
business shall not be conducted apart or in
appara to establishments.
Article 1514, Veron's Annotated Civil Statutes,
provides that any private corporation created by virtue of
Title 32 may amand its charter, but zuch ri4ht is limited
by the last sentence thereof reading
"No amendent or orange vloltivo of tne
Conastiution or laws of this 4 tate or any
provieon of this title or wtich so oansan
the original urpoae of such corporstLo as
to revsPt the execution thereof, stall b*
of any force or effect "
Article 947 of the arxting Act provides:
'The Artilee of Zaorporatlon may be
altered or ernwrded tt say regrler meeting
or at any special meeting called for that
purpose. An aaandment ast first be approv-
ed by two-thirds or the directors and then
adopted by a vote represeati; a aM&ority
of all the members of the Associaticn. Amend-
aents to the Articles of Incoraoration when
so adopted shall be tiled in socordance with
the provisions of the generall corporation law
of this State."
Article 5740 of the arketin Act provides:
"An association may te organized to en-
gage in any activity in conanetion with the
arketiag or selling of the agrileAtural pro-
dacta of its Me.bers, or with the harvesting,
preservin, drying, rocessin, canning, paos-
ing, storing, handling, shtpin4, or utiliza-
tion thereof, or the nufacturing or aFr Ceti g
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-4472, text, 1942; (https://texashistory.unt.edu/ark:/67531/metapth261720/m1/3/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.