Texas Administrative Code
Title 1 - ADMINISTRATION
Part 4 - OFFICE OF THE SECRETARY OF STATE
Chapter 79 - BUSINESS ENTITY FILINGS
Subchapter E - DELAYED EFFECTIVE DATES
Section 79.73 - Documents with Delayed Effective Dates
Universal Citation: 1 TX Admin Code ยง 79.73
Current through Reg. 49, No. 38; September 20, 2024
(a) Upon the filing of a document with a delayed effective date, the computer records of the secretary of state will be changed to show the filing of the document, the date of the filing, the future date on which the document will be effective or a code indicating that the effectiveness is based on a future condition, and the name of the surviving entity or entities, if applicable. In addition, at the time of such filing:
(1) the
status of any domestic entity on file with the secretary of state that is
converting, merging out of existence, or terminating, will be changed from
active to inactive, and the status of any foreign entity withdrawing or
terminating its registration will be changed from active to inactive;
(2) the status of any domestic entity to be
created and filed with the secretary of state by the terms of a plan of merger,
plan of conversion, or certificate of formation, or the status of any foreign
entity registered to transact business in Texas shall appear in the active
records of the secretary of state; and
(3) any filings making amendments to a
certificate of formation or application for registration will be recorded in
the records of the secretary of state.
(b) Upon filing of the document:
(1) the name of any domestic entity on file
with the secretary of state which is converting, merging out of existence, or
terminating, or the name of any foreign entity withdrawing or terminating its
registration will not appear in the active records and will not be a bar to
reservation or registration of an entity name or creation of an entity under a
name which is the same as, deceptively similar to, or similar to the name of
the converting, merging, or terminating domestic entity or the withdrawing or
terminating foreign entity;
(2) the
name of any domestic entity to be created and filed with the secretary of state
by the terms of a plan of merger, plan of conversion, or certificate of
formation, or the name of any foreign entity registered to transact business in
Texas will appear in the active records of the secretary of state and will be a
bar to reservation or registration of any entity name or creation of an entity
under a name which is the same as, deceptively similar to, or similar to the
name of an entity to be created or authorized to transact business in Texas by
one of the document filings listed in this section; and
(3) if a document filing provides for a
change of name of an entity previously on file with the secretary of state, the
new name of the entity will appear in the active records of the secretary of
state and will be a bar to reservation or registration of any entity name or
creation of an entity under a name which is the same as, deceptively similar
to, or similar to any new name of the entity as provided in the document
filing;
(4) if a document filing
provides for an amendment to the certificate of formation or application for
registration, the secretary of state will change the computer records to
reflect any amendments to information which may be obtained from the computer
database (e.g., authorized stock, registered agent/registered office, the name
of a general partner).
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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