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Texas Business Organizations Code - BUS ORG § 3.001. Formation and Existence of Filing Entities

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Subject to the other provisions of this code, to form a filing entity, a certificate of formation complying with Sections 3.003, 3.004, and 3.005 must be filed in accordance with Chapter 4.

(b) The filing of a certificate of formation described by Subsection (a) may be included in a filing under Chapter 10.

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

(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.

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Cite this article: FindLaw.com - Texas Business Organizations Code - BUS ORG § 3.001. Formation and Existence of Filing Entities - last updated January 01, 2024 | https://codes.findlaw.com/tx/business-organizations-code/bus-org-sect-3-001/

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