Texas Administrative Code
Title 1 - ADMINISTRATION
Part 4 - OFFICE OF THE SECRETARY OF STATE
Chapter 79 - BUSINESS ENTITY FILINGS
Subchapter C - ENTITY NAMES
Section 79.47 - Requests for Review of an Entity Name by a Governmental Entity

Universal Citation: 1 TX Admin Code ยง 79.47

Current through Reg. 49, No. 38; September 20, 2024

(a) A governmental entity may request the secretary of state to review the name of a domestic or foreign filing entity that may falsely imply an affiliation with the governmental entity by submitting a written request that contains:

(1) the full correct name of the domestic or foreign filing entity and, if known, the file number issued to the entity by the secretary of state;

(2) the basis on which the entity name falsely implies an affiliation with the governmental entity;

(3) evidence, if any, of any actual confusion reported by consumers between the services provided by the filing entity and services provided by the governmental entity; and

(4) copies of any prior communication sent by the governmental entity to the domestic or foreign filing entity regarding the false implication of affiliation with the governmental entity.

(b) The request for review sent to the secretary of state must be on the official letterhead of the governmental entity, signed by an authorized representative of the governmental entity, and include the name and contact information for the contact person for the governmental entity.

(c) A written request for review must be received no later than the 20th day after the date the secretary of state reviewed, processed, accepted, and indexed the filing instrument that created the entity name to which the written request relates.

(d) Notwithstanding subsection (c) of this section, if a written request for review is submitted to the secretary of state on or before December 31, 2021, the request must be received no later than 7 years and 11 months after the date the secretary of state reviewed, processed, accepted, and indexed the filing instrument that created the entity name to which the written request relates.

(e) A written request may be sent by mail to the Business and Public Filings Division, Attention: Legal Staff, P.O. Box 13697, Austin, Texas 78711-3697; by fax to the attention of the Legal Staff at (512) 463-5701; or submitted as an attachment to an email sent to corphelp@sos.texas.gov.

(f) The secretary of state will notify the governmental entity in writing of the secretary's determination under § 5.065(a) of the Business Organizations Code no later than 45 business days after the secretary's receipt of the governmental entity's request.

Disclaimer: These regulations may not be the most recent version. Texas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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