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Tex. Bus. Orgs. Code § 22.103

INCONSISTENCY BETWEEN CERTIFICATE OF FORMATION AND BYLAW

Acts 2003, 78th Leg., ch. 182, Sec. 1, eff

(a) A provision of a certificate of formation of a corporation that is inconsistent with a bylaw controls over the bylaw, except as provided by Subsection (b).

(b) A change in the number of directors by amendment to the bylaws controls over the number stated in the certificate of formation, unless the certificate of formation provides that a change in the number of directors may be made only by amendment to the certificate.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.