Tex. Bus. Orgs. Code Section 9.156
Stay of Judgment


(a)

If, in an action brought under this subchapter, a foreign filing entity has proved by a preponderance of the evidence and obtained a finding that the problems for which the foreign filing entity has been found guilty were not wilful or the result of a failure to take reasonable precautions, the entity may make a sworn application to the court for a stay of entry of the judgment to allow the foreign filing entity a reasonable opportunity to cure the problems for which it has been found guilty. An application made under this subsection must be made not later than the fifth day after the date the court makes its findings under Section 9.155 (Judgment Requiring Revocation).

(b)

After a foreign filing entity has made an application under Subsection (a), a court shall stay the entry of the judgment if the court is reasonably satisfied after considering the application and evidence offered for or against the application that the foreign filing entity:

(1)

is able and intends in good faith to cure the problems for which it has been found guilty; and

(2)

has not applied for the stay without just cause.

(c)

A court shall stay an entry of judgment under Subsection (b) for the period the court determines is reasonably necessary to afford the foreign filing entity the opportunity to cure its problems if the entity acts with reasonable diligence. The court may not stay the entry of the judgment for longer than 60 days after the date the court’s findings are made.

(d)

The court shall dismiss an action against a foreign filing entity that, during the period the action is stayed by the court under this section, cures the problems for which revocation is sought and pays all costs accrued in the action.

(e)

If a court finds that a foreign filing entity has not cured the problems for which revocation is sought within the period prescribed by Subsection (c), the court shall enter final judgment requiring revocation of the foreign filing entity’s registration.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.

Source: Section 9.156 — Stay of Judgment, https://statutes.­capitol.­texas.­gov/Docs/BO/htm/BO.­9.­htm#9.­156 (accessed Apr. 13, 2024).

9.001
Foreign Entities Required to Register
9.002
Foreign Entities Not Required to Register
9.003
Permissive Registration
9.004
Registration Procedure
9.005
Supplemental Information Required in Application for Registration of Foreign Limited Liability Company
9.006
Supplemental Information Required in Application for Registration of Foreign Nonprofit Corporation
9.007
Application for Registration of Foreign Limited Liability Partnership
9.008
Effect of Registration
9.009
Amendments to Registration
9.010
Name Change of Foreign Filing Entity
9.011
Voluntary Withdrawal of Registration
9.012
Automatic Withdrawal on Conversion to Domestic Filing Entity
9.051
Transacting Business or Maintaining Court Proceeding Without Registration
9.052
Civil Penalty
9.053
Venue
9.054
Late Filing Fee
9.055
Requirements of Other Law
9.101
Revocation of Registration by Secretary of State
9.102
Certificate of Revocation
9.103
Reinstatement by Secretary of State After Revocation
9.104
Procedures for Reinstatement
9.105
Use of Distinguishable Name Required
9.106
Reinstatement of Registration Following Tax Forfeiture
9.151
Revocation of Registration by Court Action
9.152
Notification of Cause by Secretary of State
9.153
Filing of Action by Attorney General
9.154
Cure Before Final Judgment
9.155
Judgment Requiring Revocation
9.156
Stay of Judgment
9.157
Opportunity for Cure After Affirmation of Findings by Appeals Court
9.158
Jurisdiction and Venue
9.159
Process in State Action
9.160
Publication of Notice
9.161
Filing of Decree of Revocation Against Foreign Filing Entity
9.162
Applicability of Subchapter to Foreign Limited Liability Partnerships
9.201
Business of Foreign Entity
9.202
Rights and Privileges
9.203
Obligations and Liabilities
9.204
Right of Foreign Entity to Participate in Business of Certain Domestic Entities
9.251
Activities Not Constituting Transacting Business in This State
9.252
Other Activities
9.301
Applicability of Code to Certain Foreign Entities

Accessed:
Apr. 13, 2024

§ 9.156’s source at texas​.gov