reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 76 - USE OF A DECEASED INDIVIDUAL'S NAME, VOICE, SIGNATURE, PHOTOGRAPH, OR LIKENESS › Section 76.1 - Registration of Claim

Current through Reg. 49, No. 28; July 12, 2024
(a) A registration of
				claim will be accepted for filing only upon submission of a completed
				registration form and payment of the applicable fee.
(b) The effective date of a registration of
				claim is the date on which the secretary of state receives the completed
				registration form and payment of the applicable fee.
(c) A registration of claim must be verified
				and include:
(1) the name and date of death
				of the deceased individual;
(2) the
				name and address of the claimant;
(3) a statement of the basis of the claim;
				and
(4) a statement of the right
				claimed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 78 - ATHLETE AGENTS › Subchapter A - REGISTRATION, FORMS, AND FEES › Section 78.1 - Registration and Renewal of Athlete Agents

Current through Reg. 49, No. 28; July 12, 2024
(a) A complete application for registration
				  or renewal is comprised of:
(1) a completed
				  application (See Forms 2501, 2505);
(2) $50,000 surety bond required by
				  Occupations Code, §
											RSA
				  2051.151(a), and §
				  78.51(a) of this chapter (relating to Required Surety Bonds) (See Form
				  2504);
(3) $100,000 financial
				  services bond or affidavit, as required by Occupations Code, §
											RSA
				  2051.151(a-1), and §
											RSA 78.51 and §
											RSA
				  78.52 of this chapter (relating to Affidavit
				  in Lieu of Financial Service Bond) (See Forms 2502, 2503);
(4) supplement for each financially
				  interested party (See Form 2506);
(5) payment of the filing fee stated in
				  §
											RSA 78.10 of this
				  chapter (relating to Filing Fees); and
(6) an applicant contact sheet (See Form
				  2507).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 78 - ATHLETE AGENTS › Subchapter A - REGISTRATION, FORMS, AND FEES › Section 78.2 - Submission of Application from Other State

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual who holds a certificate of
				  registration or license as an athlete agent in another state may submit a copy
				  of the other state application and certificate or license instead of submitting
				  the application or renewal required by this section if the application to the
				  other state:
(1) was submitted to the other
				  state not earlier than the 180th day before the date the application or renewal
				  is submitted in this state and the applicant certifies that the information
				  contained in the application is current;
(2) contains information substantially
				  similar to or more comprehensive than the information required by Occupations
				  Code, Chapter 2051, and this chapter; and
(3) was signed by the applicant under penalty
				  of perjury.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 78 - ATHLETE AGENTS › Subchapter A - REGISTRATION, FORMS, AND FEES › Section 78.3 - Surrender or Cancellation of Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) A current athlete agent registration may
				  be surrendered at any time by written notice to the Secretary of State signed
				  by the surrendering athlete agent.
(b) The Secretary of State may cancel an
				  athlete agent registration if the Secretary of State obtains information that
				  the agent has become incapacitated or is deceased.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 78 - ATHLETE AGENTS › Subchapter A - REGISTRATION, FORMS, AND FEES › Section 78.4 - Amendment to Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) An athlete
				  agent registration may be amended to update information contained in the
				  original registration.
(b) An agent
				  registered as a limited athlete agent who becomes certified as an agent by a
				  national professional sports association may amend the application to reflect
				  the national professional sports association certification and convert the
				  limited registration to a registration as a professional athlete agent. If such
				  an amendment is filed, the professional registration would expire on the
				  expiration date for the limited registration.
(c) A professional registration may be
				  converted to a limited registration as stated in §
										RSA
				  78.5(a) of this chapter
				  (relating to Effect of Decertification by National Professional Sports
				  Association on a Professional Athlete Agent Registration).
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 78 - ATHLETE AGENTS › Subchapter A - REGISTRATION, FORMS, AND FEES › Section 78.5 - Effect of Decertification by National Professional Sports Association on a Professional Athlete Agent Registration

Current through Reg. 49, No. 28; July 12, 2024
(a) A professional athlete agent who is no
				  longer certified by any professional sports association may amend the
				  application to reflect the lack of national professional sports association
				  certification(s) and convert the professional registration to a limited athlete
				  agent registration. If such an amendment is filed, the limited registration
				  would expire on the expiration date for the professional
				  registration.
(b) If the
				  registration of a professional athlete agent who is no longer certified by any
				  professional sports association is not amended to be a limited athlete agent
				  registration, the Secretary of State shall revoke the professional
				  registration. The registration may be amended to be a limited athlete agent
				  registration before or after notice of an opportunity for a hearing on the
				  revocation.
(c) An agent whose
				  professional athlete agent registration has been revoked under subsection (b)
				  of this section may submit a new application for a professional athlete agent
				  registration if the agent is recertified by the national professional sports
				  association or if the agent obtains a certification from another national
				  professional sports association.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 78 - ATHLETE AGENTS › Subchapter A - REGISTRATION, FORMS, AND FEES › Section 78.6 - Continuing Notification Requirement

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Occupations Code, §
										RSA
				  2051.109, requires a registered athlete agent
				  to notify the Secretary of State in writing not later than 30 days after the
				  date of the athlete agent's:
(1) conviction
				  of a crime, regardless of where the conviction occurred, if in this state the
				  crime would be an offense other than a Class C misdemeanor; or
(2) decertification as an agent by a national
				  professional sports association that has become final by the conclusion of the
				  appeal process provided by the association. See Form 2510.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 78 - ATHLETE AGENTS › Subchapter A - REGISTRATION, FORMS, AND FEES › Section 78.7 - Exemptions from Registration for Certain Professional Services

Current through Reg. 49, No. 28; July 12, 2024
(a) In certain circumstances, Occupations
				  Code, §
										RSA
				  2051.005, exempts from registration a person
				  licensed or registered by the state as:
(1) a
				  dealer, agent, investment adviser, or investment adviser
				  representative;
(2) a real estate
				  broker or salesperson;
(3) an
				  insurance agent; or
(4) another
				  professional.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 78 - ATHLETE AGENTS › Subchapter A - REGISTRATION, FORMS, AND FEES › Section 78.8 - Background Checks

Current through Reg. 49, No. 28; July 12, 2024
The Secretary of State performs criminal background checks
					 on each applicant for registration as an athlete agent and as otherwise deemed
					 necessary. Processing of applications or renewals may be delayed as the result
					 of evaluating any criminal activity revealed by the criminal background
					 check.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 78 - ATHLETE AGENTS › Subchapter A - REGISTRATION, FORMS, AND FEES › Section 78.9 - Forms

Current through Reg. 49, No. 28; July 12, 2024
Registration and other forms designed for the purposes of
					 complying with Occupations Code, Chapter 2051, and this chapter are available
					 on the Secretary of State web site at
					 www.sos.state.tx.us/statdoc/statforms.shtml or may be obtained by writing the
					 Statutory Documents Section, Office of the Secretary of State, P.O. Box 13550,
					 Austin, Texas 78711-3550. See Forms 2501 - 2509.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 78 - ATHLETE AGENTS › Subchapter A - REGISTRATION, FORMS, AND FEES › Section 78.10 - Filing Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) The filing fee for
				  filing an application for registration as a professional or limited athlete
				  agent is $500.
(b) The filing fee
				  for filing an application for renewal of registration as a professional or
				  limited athlete agent is $500.
(c)
				  The filing fee for an amendment to a registration or renewal is $25.
(d) There is no fee for notifying the
				  Secretary of State of a conviction or decertification as required by
				  Occupations Code, §
										RSA
				  2051.109.
(e) There is no fee for surrendering a
				  current athlete agent registration.
(f) Filing fees are nonrefundable; no refund
				  is available after a registration has been surrendered, cancelled, or revoked.
				  Fees deposited for an application or renewal that has been finally denied will
				  be refunded.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 78 - ATHLETE AGENTS › Subchapter B - SURETY BONDS AND AFFIDAVITS › Section 78.51 - Required Surety Bonds

Current through Reg. 49, No. 28; July 12, 2024
(a) As a condition of
				  registration, an athlete agent must deposit a surety bond with the Secretary of
				  State in the amount of $50,000 as required by Occupations Code, §
										RSA
				  2051.151(a). See Form
				  2504.
(b) As a condition of
				  registration, an athlete agent providing financial services must deposit a
				  surety bond with the Secretary of State in the amount of $100,000 as required
				  by Occupations Code, §
										RSA
				  2051.151(a-1). See Form
				  2503.
(c) A surety bond deposited
				  with the Secretary of State to satisfy subsection (a) or (b) of this section
				  must conform to the Insurance Code and be issued by a surety company authorized
				  to do business as a surety in this state.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 78 - ATHLETE AGENTS › Subchapter B - SURETY BONDS AND AFFIDAVITS › Section 78.52 - Affidavit in Lieu of Financial Service Bond

Current through Reg. 49, No. 28; July 12, 2024
(a) As a condition of registration, an
				  athlete agent who does not intend to enter into financial services contracts
				  with athletes and chooses not to obtain the financial services bond required by
				  Occupations Code, §
										RSA
				  2051.151(a-1), and §
										RSA
				  78.51(b) of this chapter
				  (relating to Required Surety Bonds) must submit to the Secretary of State an
				  affidavit affirming that the agent has not entered into a financial services
				  contract and has not provided financial services to an athlete, nor does the
				  agent intend to. See Form 2502.
(b)
				  If circumstances change, and the agent chooses to enter a financial services
				  contract with an athlete, the agent must first deposit with the Secretary of
				  State the bond required by Occupations Code, §
										RSA
				  2051.151(a-1), and §
										RSA
				  78.51(b) of this
				  chapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 78 - ATHLETE AGENTS › Subchapter B - SURETY BONDS AND AFFIDAVITS › Section 78.53 - Maintenance of Bond

Current through Reg. 49, No. 28; July 12, 2024
(a) A bond filed under
				  Occupations Code, Chapter 2051, and this chapter must be maintained for the
				  duration of the registration term plus not less than two years after the later
				  of:
(1) the date that the athlete agent
				  ceases to provide financial services to an athlete; or
(2) the date that the athlete agent's
				  certificate of registration terminates through expiration, surrender,
				  cancellation or revocation.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 78 - ATHLETE AGENTS › Subchapter C - CONTRACTS › Section 78.101 - Filing Required

Current through Reg. 49, No. 28; July 12, 2024
Each registered athlete agent shall file with the Secretary
					 of State a copy of each agent contract and/or financial services contract
					 entered into with an athlete by the athlete agent no later than the tenth day
					 after the date the contract is signed by the athlete. Failure to timely file a
					 contract is a violation of Occupations Code, Chapter 2051, and may subject the
					 agent to administrative penalties or other disciplinary actions as permitted
					 under Occupations Code, Chapter 2051, and this chapter.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 78 - ATHLETE AGENTS › Subchapter C - CONTRACTS › Section 78.102 - Time of Filing Contract

Current through Reg. 49, No. 28; July 12, 2024
An athlete agent or financial services contract is deemed
					 filed when it is properly addressed and placed in the United States Post Office
					 or in the hands of a common or contract carrier or successfully transmitted by
					 fax or by e-mail. The post office cancellation mark, the receipt mark of a
					 common or contract carrier, a fax transmission report, or confirmation of
					 receipt of e-mail is prima facie evidence of the date the contract was
					 deposited with the post office or carrier or transmitted by fax or
					 e-mail.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 78 - ATHLETE AGENTS › Subchapter C - CONTRACTS › Section 78.103 - Contract Form

Current through Reg. 49, No. 28; July 12, 2024
(a) The Secretary of
				  State approves a contract form that meets the requirements of Occupations Code,
				  Chapter 2051, including §2051.203 and §2051.204. To the extent
				  practicable, the form for an agent contract or financial services contract must
				  conform to the contract form approved by the national professional sports
				  association for the sport in which the athlete will be represented. The
				  Secretary of State will accept agent contracts on forms required by or approved
				  by national professional sports associations provided that the contract meets
				  the requirements of Occupations Code, Chapter 2051, including, as part of the
				  body of the contract or in an addendum to the contract, the information related
				  to fees and services required by §2051.203 and the disclosure statements
				  required by §2051.204. The disclosure language required by §2051.204
				  must be reproduced in the contract without change.
(b) If a contract fails to contain the
				  information stated in Occupations Code, §
										RSA
				  2051.203 or §
										RSA
				  2051.204, or this section, an athlete agent
				  may be subject to administrative penalties and other disciplinary actions
				  permitted by Occupations Code, Chapter 2051.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 78 - ATHLETE AGENTS › Subchapter D - ADMINISTRATIVE PENALTIES › Section 78.151 - Administrative Penalties

Current through Reg. 49, No. 28; July 12, 2024
(a) If the
				  Secretary of State determines that a violation of Occupations Code, Chapter
				  2051, or this chapter has occurred and an administrative penalty is to be
				  assessed, the following factors shall be considered by the Secretary of State
				  in calculating the amount of the penalty:
(1)
				  the seriousness of the violation, including the nature, circumstances, extent,
				  and gravity of the prohibited act;
(2) the economic harm to the public's
				  interest or confidence caused by the violation;
(3) the history of previous
				  violations;
(4) the amount
				  necessary to deter future violations;
(5) efforts to correct the
				  violation;
(6) whether the
				  violation was intentional or unintentional; and
(7) any other matter that justice may
				  require.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 78 - ATHLETE AGENTS › Subchapter D - ADMINISTRATIVE PENALTIES › Section 78.153 - Definition: Within the Second Degree by Affinity or Consanguinity

Current through Reg. 49, No. 28; July 12, 2024
Whether a relationship is within the second degree by
					 affinity or consanguinity is determined by the definitions found in Government
					 Code, Chapter 573, Subchapter B.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 78 - ATHLETE AGENTS › Subchapter D - ADMINISTRATIVE PENALTIES › Section 78.154 - Right to Hearing

Current through Reg. 49, No. 28; July 12, 2024
Contested cases will be held pursuant to the right of
					 notice, hearing, and adjudication as set out in the Administrative Procedure
					 Act, Government Code, Chapter 2001, the rules of practice and procedure before
					 the Office of the Secretary of State, 1 Texas Administrative Code Chapter 101,
					 and the rules of the State Office of Administrative Hearings, 1 Texas
					 Administrative Code Chapter 155. Any party to a contested case has the right to
					 be represented by legal counsel. Such action will be subject to the right of
					 appeal to a district court of Travis County.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 78 - ATHLETE AGENTS › Subchapter E - INSTITUTIONS OF HIGHER EDUCATION › Section 78.201 - Designation of Compliance Coordinator

Current through Reg. 49, No. 28; July 12, 2024
A designation of compliance coordinator submitted to the
					 Secretary of State by an institution of higher education must include:
(1) the name of the institution of higher
				  education;
(2) the name, address,
				  and telephone number of the individual designated as compliance
				  coordinator;
(3) the signature,
				  printed name, and title of an authorized representative for the institution of
				  higher education; and
(4) the date
				  of execution. See Form 2508.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 78 - ATHLETE AGENTS › Subchapter E - INSTITUTIONS OF HIGHER EDUCATION › Section 78.202 - Cover Sheet for Implementation Standards

Current through Reg. 49, No. 28; July 12, 2024
The Secretary of State has developed a form that may be
					 used as a cover sheet for the submission of implementation standards required
					 by Occupations Code, §
										RSA
					 2051.251 and §
										RSA
					 2051.252. See Form 2509.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter A - GENERAL PROVISIONS › Section 79.1 - Address of Communications Intended for the Corporations Section

Current through Reg. 49, No. 28; July 12, 2024
All letters and other communications intended for the
					 Corporations Section should be addressed to the Secretary of State,
					 Corporations Section, P.O. Box 13697, Austin, Texas
					 78711-3697.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter A - GENERAL PROVISIONS › Section 79.2 - Business To Be Transacted in Writing

Current through Reg. 49, No. 28; July 12, 2024
Except as otherwise provided by these rules, all business
					 with the Corporations Section shall be transacted in writing. The action of the
					 Corporations Section will be based exclusively on the written record in the
					 section.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter A - GENERAL PROVISIONS › Section 79.3 - Receipt of Letters and Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) An
				  employee of the secretary of state will stamp all letters or documents received
				  in the Corporations Section with the date of receipt. The hour of receipt is
				  not noted.
(b) Mail is not received
				  in the Corporations Section until it has been brought from the post office or
				  otherwise hand-delivered to the Office of the Secretary of State. A postmark, a
				  date generated on a letter or document solely as a result of its electronic
				  transmission, or a date placed on a letter, document, or envelope by some
				  person other than an employee of the secretary of state cannot be considered as
				  the date of receipt.
(c) Documents
				  transmitted by fax after office hours are received the next business day or
				  when actually received by an employee of the secretary of state.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter A - GENERAL PROVISIONS › Section 79.4 - Documents To Be Clear and Legible

Current through Reg. 49, No. 28; July 12, 2024
All documents must be clear and legible, written with black
					 ink on white paper, so that a clear electronic image may be
					 made.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter A - GENERAL PROVISIONS › Section 79.5 - Verification

Current through Reg. 49, No. 28; July 12, 2024
A verification is a statement by a notary public or other
					 officer having lawful authority to administer an oath, which states that a
					 document was subscribed and sworn to, or affirmed by words amounting in law to
					 an oath.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter A - GENERAL PROVISIONS › Section 79.6 - Requisites of a Verification

Current through Reg. 49, No. 28; July 12, 2024
The notary's or officer's statement must contain the date
					 signed, must be subscribed, and must be authenticated with a seal if the
					 officer is required by law to use a seal.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter A - GENERAL PROVISIONS › Section 79.7 - Documents To Contain Verification; Acknowledgment Not Acceptable

Current through Reg. 49, No. 28; July 12, 2024
When a document is required by law to be verified, an
					 acknowledgment is not acceptable in lieu of the verification.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter A - GENERAL PROVISIONS › Section 79.9 - Date of Filing

Current through Reg. 49, No. 28; July 12, 2024
(a) An employee of the
				  secretary of state will stamp all documents filed in the Corporations Section
				  with the date of filing. The hour of filing is not noted. However, documents
				  permitted by law to contain delayed effective dates and times may designate a
				  time of effectiveness within the contents of the document. The time of
				  transmission generated on or appearing on a letter or document will not be
				  regarded by the Office of the Secretary of State as its hour of
				  filing.
(b) Except as provided in
				  §
										RSA
				  79.10 of this title (relating to Requested
				  Date of Filing), the date of filing of documents which conform to law and for
				  which the filing fee has been paid will be the same date as the date of
				  receipt. If a document does not conform to law, it will be returned to the
				  sender. When the document is corrected and resubmitted, the date of filing of
				  the document will be the same date as the date of the last receipt. The date of
				  filing may not be a date prior to the date on which the document is found to
				  conform to law.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter A - GENERAL PROVISIONS › Section 79.10 - Requested Date of Filing

Current through Reg. 49, No. 28; July 12, 2024
At the request of the sender, a document may be filed on a
					 date which is on or within three days after the date the document is received
					 by the Corporations Section and found to conform to law, even if the requested
					 date falls on a Saturday, Sunday, or holiday. A certificate of filing will not
					 be issued before the date of filing.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter A - GENERAL PROVISIONS › Section 79.12 - Forms Provided

Current through Reg. 49, No. 28; July 12, 2024
The secretary of state will provide forms for use in
					 filings when required by law, or when convenient for the Office of the
					 Secretary of State. Forms are available on the secretary of state web site at:
					 http://www.sos.state.tx.us/corp/forms_boc.shtml and
					 http://www.sos.state.tx.us/corp/forms_reports.shtml.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter B - DOCUMENT REVIEW › Section 79.21 - Administrative Review

Current through Reg. 49, No. 28; July 12, 2024
The secretary of state will determine whether a document
					 authorized to be filed with the secretary of state meets the minimum statutory
					 requirements for filing. The secretary of state will not determine substantial
					 compliance with the Texas Business Organizations Code or verify whether the
					 entity has complied with its governing documents; whether a material
					 misrepresentation has been made in any document submitted on behalf of an
					 entity; or whether the person or persons signing the document on behalf of the
					 entity were in fact authorized to do so.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter B - DOCUMENT REVIEW › Section 79.22 - Prioritization of Processing

Current through Reg. 49, No. 28; July 12, 2024
The order of review, processing and filing of documents,
					 other than trademark documents, is based on the manner of delivery of the
					 document, whether expeditious review of the document was requested pursuant to
					 §
										RSA
					 71.10 of this title (relating to Corporations
					 Section Special Services); and its date of receipt in the Corporations Section.
					 Consequently, a document may be rejected on the basis of the filing of a
					 document with a later date of receipt when the subsequently received document
					 was reviewed, processed and filed prior to the previously received
					 document.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter B - DOCUMENT REVIEW › Section 79.23 - Fraudulent Filings

Current through Reg. 49, No. 28; July 12, 2024
The secretary of state cannot revoke the filing of a
					 document upon receipt of evidence that the document was fraudulently filed. A
					 criminal proceeding may be brought for a violation of the provisions of §
										RSA
					 4.008 of the Texas Business Organizations
					 Code by the appropriate prosecuting authority. Criminal proceedings pursuant to
					 §4.008 are not initiated by the secretary of state.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter B - DOCUMENT REVIEW › Section 79.24 - Correction of Filed Documents

Current through Reg. 49, No. 28; July 12, 2024
(a) Documents
				  may be corrected to contain only those statements which lawfully could have
				  been included in the original document. A certificate of correction may not be
				  used to revoke a previously filed document or to alter, include or delete a
				  statement, which by its alteration, inclusion or deletion, would have caused
				  the secretary of state to determine that the document did not conform to law at
				  the time of the original filing.
(b) The secretary of state will not refund
				  any portion of a fee calculated on the basis of information required to be set
				  forth in a document by statute upon the subsequent submission and filing of a
				  certificate of correction correcting the information upon which the fee was
				  based.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter B - DOCUMENT REVIEW › Section 79.26 - Address on Certificate of Withdrawal

Current through Reg. 49, No. 28; July 12, 2024
Section
					 RSA
					 9.011 of the Texas Business Organizations
					 Code requires a foreign filing entity or foreign limited liability partnership
					 to designate a post office address on a certificate of withdrawal to which the
					 secretary of state may mail a copy of any process against the entity that may
					 be served on the secretary of state.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter B - DOCUMENT REVIEW › Section 79.27 - Nonprofit Corporation Periodic Reports

Current through Reg. 49, No. 28; July 12, 2024
(a) Notice. Notices relating to the filing of
				  a periodic report of a nonprofit corporation under §
										RSA
				  22.358 of the Texas Business Organizations
				  Code shall be sent to the registered office address of record with the
				  secretary of state. Notices relating to the forfeiture of corporation's right
				  to conduct its affairs shall be sent to the same address specified for the
				  original report, notwithstanding receipt of evidence by the secretary of state
				  that the address specified was an insufficient address or that the mailing of
				  the notice was undeliverable. The failure of the corporation to receive these
				  notices does not relieve the corporation of the requirement to file the
				  periodic report or extend the time within which the required report must be
				  filed.
(b) Changes to Report
				  Information. Changes to the name of the registered agent and to the registered
				  office address may be made by making changes to the information contained in
				  the periodic report. A change to the name of the corporation cannot be effected
				  through the filing of the periodic report. In order to change the name of the
				  corporation, the corporation must file a certificate of amendment or other
				  document amending the certificate of formation.
(c) Failure to Comply. A nonprofit
				  corporation that fails to file the periodic report required within 30 days from
				  the date that the report is sent by the secretary of state will forfeit its
				  right to conduct its affairs in Texas. The failure of a nonprofit corporation
				  to relieve itself of the forfeiture by filing the required report within 120
				  days of the mailing of the notice of the forfeiture by the secretary of state
				  will result in the involuntary termination of the corporation or revocation of
				  its registration.
(d) Voluntary
				  Submission of a Periodic Report. A nonprofit corporation may submit for filing
				  by the secretary of state a report under the provisions of §
										RSA
				  22.357 of the Texas Business Organizations
				  Code when not required to do so by the secretary of state. The voluntary
				  submission of a report under this subsection does not relieve the corporation
				  of the requirement to file the periodic report or extend the time within which
				  the report must be filed when the report is specifically required from the
				  corporation by the secretary of state.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter B - DOCUMENT REVIEW › Section 79.28 - Registered Agent and Office

Current through Reg. 49, No. 28; July 12, 2024
(a) An entity may
				  not serve as its own registered agent.
(b) A registered office address must include
				  a street or building address for purposes of providing the public with notice
				  of the physical street location at which process may be served on the
				  registered agent. A post office box alone is not a sufficient address for the
				  registered office, though a post office box will be accepted when accompanied
				  by a physical address where the registered agent can be personally served with
				  process during business hours. The address of a commercial business that
				  provides "private mail box" services is not sufficient as a registered office
				  address, unless the commercial enterprise is the business of the designated
				  registered agent.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter B - DOCUMENT REVIEW › Section 79.29 - Consent to Serve as Registered Agent

Current through Reg. 49, No. 28; July 12, 2024
(a) Form.
				  Section
				  RSA
				  5.201(b), Texas Business
				  Organizations Code, requires the secretary of state to develop the form of
				  consent required to be obtained from a person designated or appointed as the
				  registered agent of a represented entity. The consent to serve as the
				  registered agent of a represented entity may be in a written or electronic
				  form. A written or electronic consent to serve as registered agent must
				  contain:
(1) the name of the represented
				  entity;
(2) an express statement of
				  consent to serve as the entity's registered agent;
(3) the name of the registered
				  agent;
(4) the signature of the
				  registered agent; and
(5) the date
				  of execution.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter C - ENTITY NAMES › Section 79.30 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following terms as used in this Chapter shall have the
					 following meanings:
(1) "Consent"
				  means written notarized consent signed by an officer or authorized agent of the
				  consenting entity.
(2) "Key word"
				  means a word or words that alters the proposed name sufficiently to make it
				  distinguishable in the record. Key word does not include:
(A) an article of speech or a conjunction;
(B) a preposition, unless the
				  addition, substitution or omission of the preposition alters the name
				  sufficiently to make it distinguishable;
(C) the word "company" or abbreviation "Co."
				  unless the addition or omission of the word or abbreviation alters the name
				  sufficiently to make it distinguishable; or
(D) an organizational identifier which
				  operates as an organizational identifier for the entity or appears after all
				  key words in the name.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter C - ENTITY NAMES › Section 79.31 - Applicability of Rules

Current through Reg. 49, No. 28; July 12, 2024
(a) Except as provided
				  by subsection (b) of this section, these rules apply to all filing instruments,
				  which are required to be reviewed for name availability, received by the
				  secretary of state on or after June 1, 2018.
(b) These rules apply to name reservations
				  and name registrations processed by the Secretary on or after June 1,
				  2018.
(c) The Secretary may not
				  accept for filing proposed entity names which are the same. The Secretary may
				  only accept those proposed names which are not distinguishable if consent is
				  granted in accordance with §
										RSA
				  79.40 of this subchapter (relating to Names
				  that are Available with Consent).
(d) The Secretary may accept a name if the
				  entity or person seeking acceptance of the filing instrument with the
				  indistinguishable name delivers to the Secretary a certified copy of the final
				  judgment of a court of competent jurisdiction that establishes the entity's or
				  person's right to the name in this state.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter C - ENTITY NAMES › Section 79.32 - Characters of Print Acceptable in Names

Current through Reg. 49, No. 28; July 12, 2024
(a) Entity names may consist of letters of
				  the Roman alphabet, Arabic numerals, symbols capable of being reproduced on a
				  standard English language keyboard, and such other symbols as permitted by the
				  secretary of state's database and as posted on the secretary of state's
				  website, or a combination thereof.
(b) No distinction as to type face or font in
				  the presentation of an entity name will be recognized. Subscript or superscript
				  characters cannot be entered into the computer records of the secretary of
				  state; consequently, such characters will not appear above or below the other
				  characters in the entity name. Example: H2O will appear as H2O. The secretary
				  of state, however, will recognize the use of either upper or lower case letters
				  in the presentation of the entity name.
(c) Arabic numerals include 0, 1, 2, 3, 4, 5,
				  6, 7, 8, and 9.
(d) The symbols
				  recognized as part of a name may include ! " $ % ' ( ) * ? # = @ [] / + &
				  and -.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter C - ENTITY NAMES › Section 79.33 - False Implication of Governmental Affiliation; False Implication of Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The entity name may
				  not be one that might falsely imply governmental affiliation (example: Texas
				  Real Estate Commission, Inc.).
(b)
				  The entity name may not imply a purpose that would be unlawful for the entity
				  to conduct.
(1) The words "insurance" or
				  "surety" must be accompanied by other words that remove the implication that
				  the entity purpose is to be an insurer. The name may include the phrase
				  "insurance agency," "insurance agent," "surety agency," or "surety agent."
(A) Example: John Hancock Insurance Company
				  or A-1 Surety Company would not be filed.
(B) Example: John Hancock Insurance Agency,
				  Inc. or A-1 Surety Agents, Company would be filed.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter C - ENTITY NAMES › Section 79.34 - Restricted Words

Current through Reg. 49, No. 28; July 12, 2024
(a) Where prohibited by
				  §16.105 of the Texas Business & Commerce Code, an entity name cannot
				  include the words, "Olympic," "Olympiad," or "Citius Altius Fortius," or a
				  combination or simulation of those words or use a trademark, trade name, symbol
				  or insignia of the International Olympic Committee or the United States Olympic
				  Committee without the authorization or permission of the United States Olympic
				  Committee. Example: Olympic Tours, Inc. would require a letter of consent,
				  authorization, or no objection from the United States Olympic
				  Committee.
(b) Where prohibited by
				  §
										RSA
				  31.005 and §
										RSA
				  181.004 of the Texas Finance Code, an entity
				  name cannot include the words "bank," "bank and trust," "trust," "trust
				  company" or a similar term, phrase, or foreign language word unless accompanied
				  by a no objection letter from the Banking Commissioner.
(c) Where prohibited by §
										RSA
				  61.313 of the Texas Education Code, an entity
				  name cannot include the words "College," "University," "School of Medicine,"
				  "Medical School," "Health Science Center," "School of Law," "Law Center," or
				  "Law School," whether in English or in another language, unless accompanied by
				  a no objection letter from the Texas Higher Education Coordinating
				  Board.
(d) Where prohibited by
				  §
										RSA
				  5.062 of the Texas Business Organizations
				  Code, an entity name cannot include the words "Veteran," "Legion," "Foreign,"
				  "Spanish," "Disabled," "War," or "World War" if the name implies the entity is
				  created for the benefit of war veterans and their families, without written
				  approval issued from a veterans organization pursuant to §
										RSA
				  5.062 of the Texas Business Organizations
				  Code.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter C - ENTITY NAMES › Section 79.35 - Foreign Words Not Translated

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Although entity names may consist, in whole or in part, of words in a foreign
				  language which utilize letters of the Roman alphabet, such words will not be
				  translated for purposes of determining entity name availability.
(1) Example: "Tejas Enterprises" is
				  distinguishable from "Texas Enterprises".
(2) Example: "Casa Blanca Productions" is
				  distinguishable from "White House Productions".
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter C - ENTITY NAMES › Section 79.36 - Grossly Offensive Name

Current through Reg. 49, No. 28; July 12, 2024
The entity name may not be one that is deemed to be so
					 grossly offensive as to be unacceptable as an entity name.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter C - ENTITY NAMES › Section 79.37 - Organizational Identifiers

Current through Reg. 49, No. 28; July 12, 2024
(a) Acceptable
				  organizational identifiers are set forth in §§5.054 -
				  RSA
				  5.059 of the Texas Business Organizations
				  Code.
(b) The following words, when
				  used alone, do not satisfy the statutory requirements for organizational
				  identifiers:
(1) "companies," "corporations,"
				  "incorporation," and "unlimited;"
(2) "limited partnerships;" and
(3) "limited" or "company," to identify a
				  limited liability company.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter C - ENTITY NAMES › Section 79.38 - Distinguishable Names

Current through Reg. 49, No. 28; July 12, 2024
Without limiting the discretion of the Secretary of State
					 to determine that a proposed name is the same as an existing name, entity names
					 are distinguishable and are therefore available if a comparison of the names
					 reveals sufficient differences, or if one or more of the following conditions
					 exist:
(1) A difference of at least
				  one key word.
(A) "Sunshine Community
				  Development" is distinguishable from "Sunshine Community Properties".
(B) "United" is distinguishable from "United
				  One".
(C) "Real Homes of Austin" is
				  distinguishable from "Real Homes".
(D) "Texas Cowboys" is the same as "The Texas
				  Cowboys".
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter C - ENTITY NAMES › Section 79.39 - Same Defined

Current through Reg. 49, No. 28; July 12, 2024
Without limiting the discretion of the Secretary of State
					 to determine that a proposed name is the same as an existing name, entity names
					 are considered the same and therefore not available if a comparison of the
					 names reveals no differences or if the only difference between the proposed
					 name and the existing names is one or more of the following conditions:
(1) The use of upper case or lower case
				  letters, distinctive lettering or typeface, or the use of superscript or
				  subscript letters or numerals.
(A) "ACE
				  Woodworks" is the same as "Ace Woodworks".
(B) "H2O Supplies" is the same as
				  "H2O Supplies".
(C) "NXNW" is the same as "NxNw".
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter C - ENTITY NAMES › Section 79.40 - Names that are Available with Consent

Current through Reg. 49, No. 28; July 12, 2024
Without limiting the discretion of the Secretary of State
					 to determine that a proposed name is the same as an existing name, entity names
					 that are not distinguishable are available with consent from an existing entity
					 under one or more of the following conditions:
(1) The existence, addition, substitution, or
				  absence of a word, phrase, or abbreviation that identifies or indicates
				  different types of entities.
(A) "Sampson,
				  Inc." is available with consent from "Sampson, PLLC".
(B) "Adventure Unlimited, a Limited Liability
				  Company" is available with consent from "Adventure Unlimited, LP".
(C) "Love Foundation" is the same as "Love
				  Foundation, Inc."
(D) "ABC, LLC" is
				  the same as "ABC Limited Liability Company"
(E) "Wild West, Inc." is distinguishable from
				  Wild West Companies, Ltd."
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter C - ENTITY NAMES › Section 79.41 - Administrative Review of Documents with Names Requiring Consent

Current through Reg. 49, No. 28; July 12, 2024
(a) A proposed name which is deemed to
				  require consent cannot be filed without consent. No waiver of consent will be
				  allowed even under the following conditions:
(1) there is related management or
				  ownership;
(2) the existing entity
				  is not actively engaged in business;
(3) the existing entity is about to change
				  its name, be terminated, forfeited, or merged out of existence.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter C - ENTITY NAMES › Section 79.42 - Form of Consent

Current through Reg. 49, No. 28; July 12, 2024
The consent must be in writing and signed by an officer or
					 authorized agent of the consenting entity. The signature of the person
					 providing consent must be notarized. Consent given orally cannot be accepted.
					 Consent from more than one entity may be required in some instances. Consent
					 must not state conditions; it must give unequivocal consent.
Texas Administrative Code › Title 1 - ADMINISTRATION › Part 4 - OFFICE OF THE SECRETARY OF STATE › Chapter 79 - BUSINESS ENTITY FILINGS › Subchapter C - ENTITY NAMES › Section 79.43 - Alphabet Names

Current through Reg. 49, No. 28; July 12, 2024
Where a name or a unit of names consists of initials only
					 or letters of the alphabet, the combination of initials will be considered as
					 one word for the purpose of applying name availability rules.
(1) Example: The following are different
				  "words" and are distinguishable:
(A) A &
				  A;
(B) AA;
(C) AAA;
(D) ABA;
(E) AAB.