Texas Business Organizations Code
Sec. § 3.001
Formation and Existence of Filing Entities


Subject to the other provisions of this code, to form a filing entity, a certificate of formation complying with Sections 3.003 (Duration), 3.004 (Organizers), and 3.005 (Certificate of Formation) must be filed in accordance with Chapter 4 (Filings).


The filing of a certificate of formation described by Subsection (a) may be included in a filing under Chapter 10 (Mergers, Interest Exchanges, Conversions, and Sales of Assets).


The existence of a filing entity commences when the filing of the certificate of formation takes effect as provided by Chapter 4 (Filings).


Except in a proceeding by the state to terminate the existence of a filing entity, an acknowledgment of the filing of a certificate of formation issued by the filing officer is conclusive evidence of:


the formation and existence of the filing entity;


the satisfaction of all conditions precedent to the formation of the filing entity; and


the authority of the filing entity to transact business in this state.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Last accessed
Apr. 16, 2021