Brayden’s Gift was formed for the following purpose(s): Exclusively for charitable purposes under Section 501(c)(3) of the Internal Revenue Code, including, but not limited to: providing relief to persons in the community who have children that are autistic (or who have guardianship over persons who are autistic) and are poor, distressed, and/or underprivileged, in an effort to provide the best quality of life possible for such autistic persons.

This Corporation is also organized to promote, encourage, and foster any other similar charitable activities; to accept, hold, invest, reinvest and administer any gifts, legacies, bequests, devises, funds and property of any sort or nature, and to use, expend, or donate the income or principal thereof for, and to devote the same to, the foregoing purposes of the Corporation; and to do any and all lawful acts and things which may be necessary, useful, suitable, or proper for the furtherance of accomplishment of the purposes of this Corporation. Provided, however, no act may be performed which would violate Section 501(c)(3) of the Internal Revenue Code of 1986, as it now exists or as it may hereafter be amended.

In order to carry out the above-stated purposes, the Corporation shall have all those powers set forth in the Texas Business Organizations Code (“TBOC”) including but not limited to Chapter 22 of the TBOC.

The powers of the Corporation to promote the purposes set out above are limited and restricted in the following manner:

1. No part of the net earnings of the Corporation shall inure to the benefit of or be distributable to its organizers, directors, officers or other private persons, except that the Corporation shall be authorized and empowered to make payments and distributions (including reasonable compensation for services rendered to or for the Corporation) in furtherance of its purposes as set forth in this Certificate of Formation.
2. No substantial part of the activities of the Corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the Corporation shall not participate in, or intervene in (including the publication or distribution of statements) any political campaign on behalf of any candidate for public office.
3. Notwithstanding any other provisions of this Certificate of Formation, the Corporation shall not carry on any other activities not permitted to be carried on by (y) a corporation exempt from Federal Income Tax under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, or corresponding provisions of any subsequent federal tax laws, or (z) a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1986, as amended, or corresponding provisions of any subsequent federal tax laws.

The Corporation shall not accept any gift or grant if the gift or grant contains major conditions which would restrict or violate any of the Corporation’s charitable purposes or if the gift or grant would require serving a private, as opposed to a public, interest.