Tex. Bus. Orgs. Code § 402.004 · Chapter 402. MISCELLANEOUS AND TRANSITION PROVISIONS
EARLY ADOPTION OF CODE BY REGISTERED FOREIGN FILING ENTITY.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A foreign filing entity registered with the secretary of state to transact business in this state before the effective date of this code may voluntarily elect to adopt and become subject to this code by filing with the secretary of state in accordance with Chapter 4:
(1) a statement that the foreign filing entity is electing to adopt this code; and
(2) an amendment to its application for registration that would cause its application for registration to comply with this code.
(b) A foreign filing entity that elected to adopt and become subject to this code as provided by Subsection (a) is not considered to have failed to comply with Subsection (a)(2) because:
(1) the application for registration or any amendment to the registration:
(A) does not state the entity's type; or
(B) does not include the appointment of the secretary of state as agent for service of process under the circumstances provided by Section 5.251; or
(2) a circumstance described by Section 402.0051 applies.
Notes and commentary — not statutory text
History
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 139 (S.B. 748), Sec. 60, eff. September 1, 2011.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/BO/htm/BO.402.htm
- Text hash
- sha256 f5d839f1a5f1e2032d1a056a2118bd123e2ecaac183b64033d0e3ca1156033d7
- 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
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 3 provisions
Provisions in this library whose text cites Tex. Bus. Orgs. Code § 402.004. Each shows the citation as that text prints it.
Business Organizations Code
- Tex. Bus. Orgs. Code § 401.001DEFINITIONS.Printed as Section 402.003 or 402.004
- Tex. Bus. Orgs. Code § 402.005APPLICABILITY TO EXISTING ENTITIES.Printed as Section 402.003 or 402.004
- Tex. Bus. Orgs. Code § 402.013REINSTATEMENT OF ENTITIES CANCELED, REVOKED, DISSOLVED, INVOLUNTARILY DISSOLVED, SUSPENDED, OR FORFEITED UNDER PRIOR LAW.Printed as Section 402.004
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.