Texas Business Organizations Code 3.010 – Supplemental Provisions Required in Certificate of Formation of Limited Liability Company
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Texas Business Organizations Code 3.010
- 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 - Limited liability company: means an entity governed as a limited liability company under Title 3 or 7. See Texas Business Organizations Code 1.002
- Manager: means a person designated as a manager of a limited liability company that is not managed by members of the company. See Texas Business Organizations Code 1.002
- Member: means :
(A) in the case of a limited liability company, a person who has become, and has not ceased to be, a member in the limited liability company as provided by its governing documents or this code;
(B) in the case of a nonprofit corporation, a person who has membership rights in the nonprofit corporation under its governing documents;
(C) in the case of a cooperative association, a member of a nonshare or share association;
(D) in the case of a nonprofit association, a person who has membership rights in the nonprofit association under its governing documents; or
(E) in the case of a professional association, a person who has membership rights in the professional association under its governing documents. See Texas Business Organizations Code 1.002
In addition to the information required by § 3.005, the certificate of formation of a limited liability company must state:
(1) whether the limited liability company initially has or does not have managers;
(2) if the limited liability company initially has managers, the name and address of each initial manager of the limited liability company; and
(3) if the limited liability company does not initially have managers, the name and address of each initial member of the limited liability company.