Tex. Bus. Orgs. Code § 4.057 · Subchapter B. WHEN FILINGS TAKE EFFECT
ABANDONMENT BEFORE EFFECTIVENESS.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) The parties to a filing instrument may abandon the filing instrument if the instrument has not taken effect.
(b) To abandon a filing instrument the parties to the instrument must file with the filing officer a certificate of abandonment.
(c) A certificate of abandonment must:
(1) be signed on behalf of each entity that is a party to the action or transaction by the person authorized by this code to act on behalf of the entity;
(2) state the nature of the filing instrument to be abandoned, the date of the instrument, and the parties to the instrument; and
(3) state that the filing instrument has been abandoned in accordance with the agreement of the parties.
(d) On the filing of the certificate of abandonment, the action or transaction evidenced by the original filing instrument is abandoned and may not take effect.
(e) If in the interim before a certificate of abandonment is filed the name of an entity that is a party to the action or transaction becomes indistinguishable from the name of another entity already on file or reserved or registered under this code, the filing officer may not file the certificate of abandonment unless the entity by or for whom the certificate is filed changes its name in the manner provided by this code for that entity.
Notes and commentary — not statutory text
History
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 658 (S.B. 1859), Sec. 5, eff. September 1, 2019.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BO/htm/BO.4.htm
- Text hash
- sha256 9ab394a4cb329406287fa6ea129244084109611d7a7bcdd35c4c1c66b899dbd1
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
Cited by 4 provisions
Provisions in this library whose text cites Tex. Bus. Orgs. Code § 4.057. Each shows the citation as that text prints it.
Business Organizations Code
- Tex. Bus. Orgs. Code § 4.056FAILURE TO FILE STATEMENT.Printed as Section 4.057
- Tex. Bus. Orgs. Code § 4.058DELAYED EFFECTIVENESS NOT PERMITTED.Printed as Section 4.057
- Tex. Bus. Orgs. Code § 10.202ABANDONMENT AFTER FILING.Printed as Sections 4.057 and 10.201
- Tex. Bus. Orgs. Code § 10.203ABANDONMENT IF NO FILING REQUIRED.Printed as Section 4.057
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.