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

(a)

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 (Partnerships).

(b)

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).

(c)

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

(d)

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:

(1)

the formation and existence of the filing entity;

(2)

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

(3)

the authority of the filing entity to transact business in this state.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Source
Tex. Legislature
Last accessed
Aug. 7, 2020
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