Tex. Bus. Orgs. Code Section 9.157
Opportunity for Cure After Affirmation of Findings by Appeals Court


(a)

An appellate court that affirms a trial court’s findings against a foreign filing entity under this subchapter shall remand the case to the trial court with instructions to grant the foreign filing entity an opportunity to cure the problems for which the entity has been found guilty if:

(1)

the foreign filing entity did not make an application to the trial court for stay of the entry of the judgment;

(2)

the appellate court is satisfied that the appeal was taken in good faith and not for purpose of delay or with no sufficient cause;

(3)

the appellate court finds that the problems for which the foreign filing entity has been found guilty are capable of being cured; and

(4)

the foreign filing entity has prayed for the opportunity to cure its problems in the appeal.

(b)

The appellate court shall determine the period, which may not be longer than 60 days after the date the case is remanded to the trial court, to be afforded to a foreign filing entity to enable the foreign filing entity to cure its problems under Subsection (a).

(c)

The trial court to which an action against a foreign filing entity has been remanded under this section shall dismiss the action if, during the period prescribed by the appellate court for that conduct, the foreign filing entity cures the problems for which revocation is sought and pays all costs accrued in the action.

(d)

If a foreign filing entity has not cured the problems for which revocation is sought within the period prescribed by the appellate court under Subsection (b), the judgment requiring revocation shall become final.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.

Source: Section 9.157 — Opportunity for Cure After Affirmation of Findings by Appeals Court, https://statutes.­capitol.­texas.­gov/Docs/BO/htm/BO.­9.­htm#9.­157 (accessed Apr. 20, 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. 20, 2024

§ 9.157’s source at texas​.gov