Texas Business Organizations Code 12.154 – Authority to Disclose Information
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Terms Used In Texas Business Organizations Code 12.154
- Certificate of formation: means :
(A) the document required to be filed with the filing officer under Chapter 3 to form a filing entity; and
(B) if appropriate, a restated certificate of formation and all amendments of an original or restated certificate of formation. 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
- Law: means , unless the context requires otherwise, both statutory and common law. See Texas Business Organizations Code 1.002
- Officer: means an individual elected, appointed, or designated as an officer of an entity by the entity's governing authority or under the entity's governing documents. See Texas Business Organizations Code 1.002
Information held by the attorney general and derived in the course of an examination of an entity‘s records or documents is not public information, is not subject to Chapter 552, Government Code, and may not be disclosed except:
(1) in the course of an administrative or judicial proceeding in which the state is a party;
(2) in a suit by the state to:
(A) revoke the registration of the foreign filing entity or terminate the certificate of formation of the filing entity; or
(B) collect penalties for a violation of the law of this state; or
(3) to provide information to any officer of this state charged with the enforcement of its laws.