Texas Administrative Code
Title 1 - ADMINISTRATION
Part 3 - OFFICE OF THE ATTORNEY GENERAL
Chapter 53 - MUNICIPAL SECURITIES
Subchapter N - HEALTH FACILITIES DEVELOPMENT CORPORATION BONDS
Section 53.214 - Documentation of Corporation
Universal Citation: 1 TX Admin Code ยง 53.214
Current through Reg. 49, No. 38; September 20, 2024
The following shall constitute documentation of the corporation:
(1) undated general certificate of the corporation, executed by at least two officers of the corporation, including certifications and provisions (or confirmation of any such certifications and provisions which are contained in the basic financing documents) with respect to:
(A) incumbency of
the officers and directors;
(B) due
incorporation, valid existence, and good standing;
(C) official seal;
(D) appointment of authorized representative,
if any;
(E) signature
identifications;
(F) no-litigation
pending or threatened against the corporation with respect to the issuance of
the bonds, or the title or authority of the officers and directors of the
corporation;
(G) the bond documents
submitted were properly executed by the corporation, have not been amended or
rescinded, and due performance thereof has been authorized by the
corporation;
(H) the terms and
performance of the bond documents by the corporation are not in conflict with
the articles of incorporation or bylaws of the corporation or any other
instrument or restriction to which the corporation is a party or subject to;
and
(I) incorporated as exhibits,
as applicable (or may be included as separate documents if certified as to
accuracy):
(i) a copy of the corporation's
articles of incorporation as certified by the secretary of state of Texas and
bylaws, or, alternatively, a certification that there have been no amendments
to the corporation's articles of incorporation or bylaws since the last
submission of bonds or copies of any amendments;
(ii) copy of certificate of continued
existence from the secretary of state of Texas and copy of certificate of good
standing from the comptroller of public accounts of Texas, both dated within 60
days of transcript submission;
(2) resolution designating management committee(s), if any;
(3) resolution authorizing issuance of the bonds, including the following provisions:
(A) title of bonds;
(B) legal citation for authority to issue
bonds;
(C) specific purpose for
which the bonds are issued;
(D)
identification of the user; and
(E)
total principal amount of bonds to be issued.
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