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Terms Used In Texas Business Organizations Code 5.251

  • Business: means a trade, occupation, profession, or other commercial activity. See Texas Business Organizations Code 1.002
  • Entity: means a domestic entity or foreign entity. See Texas Business Organizations Code 1.002
  • Filing entity: means a domestic entity that is a corporation, limited partnership, limited liability company, professional association, cooperative, or real estate investment trust. See Texas Business Organizations Code 1.002
  • Foreign: means , with respect to an entity, that the entity is formed under, and the entity's internal affairs are governed by, the laws of a jurisdiction other than this state. See Texas Business Organizations Code 1.002
  • Foreign filing entity: means a foreign entity, other than a foreign limited liability partnership, that registers or is required to register as a foreign entity under Chapter 9. See Texas Business Organizations Code 1.002
  • Secretary: means the:
    (A) individual designated as secretary of an entity under the entity's governing documents; or
    (B) officer or committee of persons authorized to perform the functions of secretary of an entity without regard to the designated name of the officer or committee. See Texas Business Organizations Code 1.002
  • Service of process: The service of writs or summonses to the appropriate party.

The secretary of state is an agent of an entity for purposes of service of process, notice, or demand on the entity if:
(1) the entity is a filing entity or a foreign filing entity and:
(A) the entity fails to appoint or does not maintain a registered agent in this state; or
(B) the registered agent of the entity cannot with reasonable diligence be found at the registered office of the entity; or
(2) the entity is a foreign filing entity and:
(A) the entity’s registration to do business under this code is revoked; or
(B) the entity transacts business in this state without being registered as required by Chapter 9.