reglab/housing_qa huggingface dataset:
TX Bus Orgs § 11.201 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter E. Reinstatement of Terminated Entity|Section 11.201. Conditions for Reinstatement

Sec. 11.201.  CONDITIONS FOR REINSTATEMENT.  (a)  A terminated entity may be reinstated under this subchapter if:(1)  the termination was by mistake or inadvertent;(2)  the termination occurred without the approval of the entity's governing persons when their approval is required by the title of this code governing the terminated entity;(3)  the process of winding up before termination had not been completed by the entity;  or(4)  the legal existence of the entity is necessary to:(A)  convey or assign property;(B)  settle or release a claim or liability;(C)  take an action;  or(D)  sign an instrument or agreement.(b)  A terminated entity may not be reinstated under this section if the termination occurred as a result of:(1)  an order of a court or the secretary of state;(2)  an event requiring winding up that is specified in the title of this code governing the terminated entity, if that title prohibits reinstatement;  or(3)  forfeiture under the Tax Code.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.202 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter E. Reinstatement of Terminated Entity|Section 11.202. Procedures for Reinstatement

Sec. 11.202.  PROCEDURES FOR REINSTATEMENT.  (a)  To the extent applicable, a terminated entity, to be reinstated, must complete the requirements of this section not later than the third anniversary of the date the termination of the terminated entity's existence took effect.(b)  The owners, members, governing persons, or other persons must approve the reinstatement of the domestic entity in the manner provided by the title of this code governing the domestic entity.(c)  After approval of the reinstatement of a filing entity that was terminated, and not later than the third anniversary of the date of the filing of the entity's certificate of termination, the filing entity shall file a certificate of reinstatement in accordance with Chapter 4.(d)  A certificate of reinstatement filed under Subsection (c) must contain:(1)  the name of the filing entity;(2)  the filing number the filing officer assigned to the entity;(3)  the effective date of the entity's termination;(4)  a statement that the reinstatement of the filing entity has been approved in the manner required by this code;  and(5)  the name of the entity's registered agent and the address of the entity's registered office.(e)  A tax clearance letter from the comptroller stating that the filing entity has satisfied all franchise tax liabilities and may be reinstated must be filed with the certificate of reinstatement if the filing entity is a taxable entity under Chapter 171, Tax Code, other than a nonprofit corporation.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.Amended by: Acts 2009, 81st Leg., R.S., Ch. 84 (S.B. 1442), Sec. 23, eff. September 1, 2009.|
TX Bus Orgs § 11.203 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter E. Reinstatement of Terminated Entity|Section 11.203. Use of Distinguishable Name Required

Text of section as amended by Acts 2017, 85th Leg., R.S., Ch. 503 (H.B. 2856), Sec. 7For text of section as amended by Acts 2017, 85th Leg., R.S., Ch. 74 (S.B. 1517), Sec. 6, see other Sec. 11.203.Sec. 11.203.  USE OF DISTINGUISHABLE NAME REQUIRED.  If the secretary of state determines that a filing entity's name contained in a certificate of reinstatement filed under Section 11.202 does not comply with Chapter 5, the secretary of state may not accept for filing the certificate of reinstatement unless the filing entity contemporaneously amends its certificate of formation to change its name to a name that complies with Chapter 5.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.Amended by: Acts 2017, 85th Leg., R.S., Ch. 503 (H.B. 2856), Sec. 7, eff. June 1, 2018.|
TX Bus Orgs § 11.203 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter E. Reinstatement of Terminated Entity|Section 11.203. Use of Name Similar to Previously Registered Name

Text of section as amended by Acts 2017, 85th Leg., R.S., Ch. 74 (S.B. 1517), Sec. 6For text of section as amended by Acts 2017, 85th Leg., R.S., Ch. 503 (H.B. 2856), Sec. 7, see other Sec. 11.203.Sec. 11.203.  USE OF NAME SIMILAR TO PREVIOUSLY REGISTERED NAME.  If the secretary of state determines that a filing entity's name contained in a certificate of reinstatement filed under Section 11.202 is the same as, deceptively similar to, or similar to a name of a filing entity or foreign entity on file as provided by or reserved or registered under this code, the secretary of state may not accept for filing the certificate of reinstatement unless the filing entity contemporaneously amends its certificate of formation to change its name or obtains written consent for the use of the similar name.  Sections 4.007 and 4.008 apply to a written consent for the use of a similar name under this section to the same extent those sections apply to filing instruments.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.Amended by: Acts 2017, 85th Leg., R.S., Ch. 74 (S.B. 1517), Sec. 6, eff. September 1, 2017.|
TX Bus Orgs § 11.204 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter E. Reinstatement of Terminated Entity|Section 11.204. Effectiveness of Reinstatement of Nonfiling Entity

Sec. 11.204.  EFFECTIVENESS OF REINSTATEMENT OF NONFILING ENTITY.  The reinstatement of a terminated nonfiling entity takes effect on the approval required by Section 11.202(b).|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.205 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter E. Reinstatement of Terminated Entity|Section 11.205. Effectiveness of Reinstatement of Filing Entity

Sec. 11.205.  EFFECTIVENESS OF REINSTATEMENT OF FILING ENTITY.  The reinstatement of a terminated filing entity that previously filed a certificate of termination takes effect on the filing of the entity's certificate of reinstatement.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.206 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter E. Reinstatement of Terminated Entity|Section 11.206. Effect of Reinstatement

Text of section effective until June 01, 2022Sec. 11.206.  EFFECT OF REINSTATEMENT.  When the reinstatement of a terminated entity takes effect:(1)  the existence of the terminated entity is considered to have continued without interruption from the date of termination;  and(2)  the terminated entity may carry on its business as if the termination of its existence had not occurred.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.Amended by: Acts 2021, 87th Leg., R.S., Ch. 43 (S.B. 1523), Sec. 22, eff. June 1, 2022.|
TX Bus Orgs § 11.206 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter E. Reinstatement of Terminated Entity|Section 11.206. Effect of Reinstatement

Text of section effective on June 01, 2022Sec. 11.206.  EFFECT OF REINSTATEMENT.  (a)  When the reinstatement of a terminated entity takes effect:(1)  the existence of the terminated entity is considered to have continued without interruption from the date of termination; and(2)  the terminated entity may carry on its business as if the termination of its existence had not occurred.(b)  The reinstatement of a terminated limited liability company automatically reinstates any protected series or registered series that terminated because of the termination of the company.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.Amended by: Acts 2021, 87th Leg., R.S., Ch. 43 (S.B. 1523), Sec. 22, eff. June 1, 2022.|
TX Bus Orgs § 11.251 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter F. Involuntary Termination of Filing Entity by Secretary of State|Section 11.251. Termination of Filing Entity by Secretary of State

Sec. 11.251.  TERMINATION OF FILING ENTITY BY SECRETARY OF STATE.  (a)  If it appears to the secretary of state that, with respect to a filing entity, a circumstance described by Subsection (b) exists, the secretary of state may notify the entity of the circumstance by regular or certified mail addressed to the entity at the entity's registered office or principal place of business as shown on the records of the secretary of state.(b)  The secretary of state may terminate a filing entity's existence if the secretary finds that:(1)  the entity has failed to, and, before the 91st day after the date notice was mailed has not corrected the entity's failure to:(A)  file a report within the period required by law or pay a fee or penalty prescribed by law when due and payable; or(B)  maintain a registered agent or registered office in this state as required by law; or(2)  the entity has failed to, and, before the 16th day after the date notice was mailed has not corrected the entity's failure to, pay a fee required in connection with the filing of its certificate of formation, or payment of the fee was dishonored when presented by the state for payment.(c)  This subchapter shall not apply to real estate investment trusts.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.Amended by: Acts 2007, 80th Leg., R.S., Ch. 688 (H.B. 1737), Sec. 68, eff. September 1, 2007.|
TX Bus Orgs § 11.252 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter F. Involuntary Termination of Filing Entity by Secretary of State|Section 11.252. Certificate of Termination

Sec. 11.252.  CERTIFICATE OF TERMINATION.  (a)  If termination of a filing entity's existence is required, the secretary of state shall:(1)  issue a certificate of termination;  and(2)  deliver a certificate of termination by regular or certified mail to the filing entity at its registered office or principal place of business.(b)  The certificate of termination must state:(1)  that the filing entity has been involuntarily terminated;  and(2)  the date and cause of the termination.(c)  Except as otherwise provided by this chapter, the existence of the filing entity is terminated on the issuance of the certificate of termination by the secretary of state.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.253 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter F. Involuntary Termination of Filing Entity by Secretary of State|Section 11.253. Reinstatement by Secretary of State After Involuntary Termination

Sec. 11.253.  REINSTATEMENT BY SECRETARY OF STATE AFTER INVOLUNTARY TERMINATION.  (a)  The secretary of state shall reinstate a filing entity that has been involuntarily terminated under this subchapter if the entity files a certificate of reinstatement in accordance with Chapter 4 and:(1)  the entity has corrected the circumstances that led to the involuntary termination and any other circumstances that may exist of the types described by Section 11.251(b), including the payment of fees, interest, or penalties;  or(2)  the secretary of state finds that the circumstances that led to the involuntary termination did not exist at the time of termination.(b)  A certificate of reinstatement filed under Subsection (a) must contain:(1)  the name of the filing entity;(2)  the filing number assigned by the filing officer to the entity;(3)  the effective date of the involuntary termination;(4)  a statement that the circumstances giving rise to the involuntary termination have been corrected;  and(5)  the name of the entity's registered agent and the address of the entity's registered office.(c)  A certificate of reinstatement must be accompanied by:(1)  each amendment to the entity's certificate of formation that is required by intervening events, including circumstances requiring an amendment to the filing entity's name as described in Section 11.203; and(2)  a tax clearance letter from the comptroller stating that the filing entity has satisfied all franchise tax liabilities and may be reinstated, if the filing entity is a taxable entity under Chapter 171, Tax Code, other than a nonprofit corporation.(d)  If a filing entity is reinstated before the third anniversary of the date of its involuntary termination, the entity is considered to have continued in existence without interruption from the date of termination.  The reinstatement shall have no effect on any issue of personal liability of the governing persons, officers, or agents of the filing entity during the period between termination and reinstatement.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.Amended by: Acts 2009, 81st Leg., R.S., Ch. 84 (S.B. 1442), Sec. 24, eff. September 1, 2009.|
TX Bus Orgs § 11.254 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter F. Involuntary Termination of Filing Entity by Secretary of State|Section 11.254. Reinstatement of Certificate of Formation Following Tax Forfeiture

Sec. 11.254.  REINSTATEMENT OF CERTIFICATE OF FORMATION FOLLOWING TAX FORFEITURE.  (a)  A filing entity whose certificate of formation has been forfeited under the provisions of the Tax Code must follow the procedures in the Tax Code to reinstate its certificate of formation.  A filing entity whose certificate of formation is reinstated under the provisions of the Tax Code is considered to have continued in existence without interruption from the date of forfeiture.(b)  The reinstatement of a filing entity's certificate of formation after its forfeiture has no effect on any issue of the personal liability of the governing persons, officers, or agents of the filing entity during the period between forfeiture and reinstatement of the certificate of formation.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.Amended by: Acts 2021, 87th Leg., R.S., Ch. 39 (S.B. 1203), Sec. 19, eff. September 1, 2021.|
TX Bus Orgs § 11.301 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter G. Judicial Winding Up and Termination|Section 11.301. Involuntary Winding Up and Termination of Filing Entity by Court Action

Sec. 11.301.  INVOLUNTARY WINDING UP AND TERMINATION OF FILING ENTITY BY COURT ACTION.  (a)  A court may enter a decree requiring winding up of a filing entity's business and termination of the filing entity's existence if, as the result of an action brought under Section 11.303, the court finds that one or more of the following problems exist:(1)  the filing entity or its organizers did not comply with a condition precedent to its formation;(2)  the certificate of formation of the filing entity or any amendment to the certificate of formation was fraudulently filed;(3)  a misrepresentation of a material matter has been made in an application, report, affidavit, or other document submitted by the filing entity under this code;(4)  the filing entity has continued to transact business beyond the scope of the purpose of the filing entity as expressed in its certificate of formation;  or(5)  public interest requires winding up and termination of the filing entity because:(A)  the filing entity has been convicted of a felony or a high managerial agent of the filing entity has been convicted of a felony committed in the conduct of the filing entity's affairs;(B)  the filing entity or high managerial agent has engaged in a persistent course of felonious conduct;  and(C)  termination is necessary to prevent future felonious conduct of the same character.(b)  Sections 11.302-11.307 do not apply to Subsection (a)(5).|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.302 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter G. Judicial Winding Up and Termination|Section 11.302. Notification of Cause by Secretary of State

Sec. 11.302.  NOTIFICATION OF CAUSE BY SECRETARY OF STATE.  (a)  The secretary of state shall provide to the attorney general:(1)  the name of a filing entity that has given cause under Section 11.301 for involuntary winding up of the entity's business and termination of the entity's existence;  and(2)  the facts relating to the cause for the winding up and termination.(b)  When notice is provided under Subsection (a), the secretary of state shall notify the filing entity of the circumstances by writing sent to the entity at its registered office in this state.  The notice must state that the secretary of state has given notice under Subsection (a) and the grounds for the notification.  The secretary of state must record the date a notice required by this subsection is sent.(c)  A court shall accept a certificate issued by the secretary of state as to the facts relating to the cause for the winding up and termination and the sending of a notice under Subsection (b) as prima facie evidence of the facts stated in the certificate and the sending of the notice.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.303 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter G. Judicial Winding Up and Termination|Section 11.303. Filing of Action by Attorney General

Sec. 11.303.  FILING OF ACTION BY ATTORNEY GENERAL.  The attorney general shall file an action against a filing entity in the name of the state seeking termination of the entity's existence if:(1)  the filing entity has not cured the problems for which winding up and termination is sought before the 31st day after the date the notice under Section 11.302(b) is mailed;  and(2)  the attorney general determines that cause exists for the involuntary winding up of a filing entity's business and termination of the entity's existence under Section 11.301.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.304 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter G. Judicial Winding Up and Termination|Section 11.304. Cure Before Final Judgment

Sec. 11.304.  CURE BEFORE FINAL JUDGMENT.  An action filed by the attorney general under Section 11.303 shall be abated if, before a district court renders judgment on the action, the filing entity:(1)  cures the problems for which winding up and termination is sought;  and(2)  pays the costs of the action.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.305 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter G. Judicial Winding Up and Termination|Section 11.305. Judgment Requiring Winding Up and Termination

Sec. 11.305.  JUDGMENT REQUIRING WINDING UP AND TERMINATION.  If a district court finds in an action brought under this subchapter that proper grounds exist under Section 11.301(a) for a winding up of a filing entity's business and termination of the filing entity's existence, the court shall:(1)  make findings to that effect;  and(2)  subject to Section 11.306, enter a judgment not earlier than the fifth day after the date the court makes its findings.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|
TX Bus Orgs § 11.306 (2021)
2021 Texas Statutes|Business Organizations Code|Title 1 - General Provisions|Chapter 11 - Winding Up and Termination of Domestic Entity|Subchapter G. Judicial Winding Up and Termination|Section 11.306. Stay of Judgment

Sec. 11.306.  STAY OF JUDGMENT.  (a)  If, in an action brought under this subchapter, a filing entity has proved by a preponderance of the evidence and obtained a finding that the problems for which the 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 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 11.305.(b)  After a 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 with respect to the application that the 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 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 filing entity that, during the period the action is stayed by the court under this section, cures the problems for which winding up and termination is sought and pays all costs accrued in the action.(e)  If a court finds that a filing entity has not cured the problems for which winding up and termination is sought within the period prescribed by Subsection (c), the court shall enter final judgment requiring a winding up of the filing entity's business.|Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.|