Texas Business Organizations Code 200.058 – Bylaws
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(a) The trust managers of a real estate investment trust shall adopt initial bylaws.
(b) The bylaws may contain provisions for the regulation and management of the affairs of the real estate investment trust that are consistent with law and the real estate investment trust’s certificate of formation.
Terms Used In Texas Business Organizations Code 200.058
- Certificate of formation: means :
(A) the document required to be filed with the filing officer under Chapter 3 to form a filing entity; and
(B) if appropriate, a restated certificate of formation and all amendments of an original or restated certificate of formation. See Texas Business Organizations Code 1.002 - Law: means , unless the context requires otherwise, both statutory and common law. See Texas Business Organizations Code 1.002
- Real estate investment trust: means an entity governed as a real estate investment trust under Title 5. See Texas Business Organizations Code 1.002
(c) The trust managers of a real estate investment trust may amend or repeal bylaws or adopt new bylaws unless:
(1) the real estate investment trust’s certificate of formation or this chapter wholly or partly reserves the power exclusively to the real estate investment trust’s shareholders; or
(2) in amending, repealing, or adopting a bylaw, the shareholders expressly provide that the trust managers may not amend, repeal, or readopt that bylaw.