The commissioner may approve an incorporation application only if specific findings are met, and must issue the certificate and related documents if the application is approved.
Sec. 62.007. DECISION ON APPLICATION TO INCORPORATE; ISSUANCE OF CERTIFICATE OF INCORPORATION. (a) The commissioner may approve an application to incorporate only if the commissioner finds that: (1) the prerequisites to incorporation required by this chapter are satisfied; (2) the character, responsibility, and general fitness of each person named in the articles of incorporation command confidence and warrant belief that: (A) the business of the association will be honestly and efficiently conducted in accordance with the intent and purpose of this subtitle; and (B) the association will have qualified full-time management; (3) there is a public need for the association; (4) the volume of business in the community in which the association will conduct its business indicates a profitable operation is probable; and (5) the operation of the association will not unduly harm an existing association. (b) On finding that the requirements of Subsection (a) are fulfilled, the commissioner shall: (1) enter an order approving the application and stating the findings required by Subsection (a); (2) issue under official seal a certificate of incorporation; (3) deliver a copy of the approved articles of incorporation and bylaws to the incorporators; and (4) permanently retain a copy of the articles and bylaws. (c) On delivery of the certificate of incorporation to the incorporators, the association: (1) is a corporate body with perpetual existence unless terminated by law; and (2) may exercise the powers of an association beginning on the date the commissioner certifies receipt of satisfactory proof that the association has received in cash and free of encumbrance: (A) the required amount of the capital stock and paid-in surplus if the association is a capital stock association; or (B) the required amount of the savings liability and expense fund if the association is a mutual association. (d) On denial of an application, the commissioner shall enter an order denying the application and include a written statement specifying the grounds for the denial. The commissioner shall deliver by certified mail a copy of the order to the designated representative of the incorporators. Acts 1997, 75th Leg., ch. 1008, Sec. 1, eff. Sept. 1, 1997.