Texas Business Organizations Code 402.0051 – Effect of References to Prior Law and Use of Synonymous Terms
(a) A governing document or a filing instrument, including a certificate of formation or application for registration, is not considered to have failed to conform to this code if the governing document or filing instrument:
(1) contains a reference to prior law that was applicable at the time of its filing or adoption;
(2) contains a provision that was authorized by prior law at the time of its filing or adoption;
(3) includes a term or phrase described by Section 1.006; or
(4) includes a term or phrase from prior law that is different from the corresponding term or phrase used in this code.
(b) A reference in a governing document or filing instrument to a statute or provision of a statute in effect before January 1, 2010, that was repealed by this code is considered to be a reference to the provision or provisions of this code that correspond to the repealed statute or provision unless the governing document or filing instrument expressly provides otherwise.
Terms Used In Texas Business Organizations Code 402.0051
- 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 instrument: means an instrument, document, consent, or statement that is required or authorized by this code to be filed by or for an entity with the filing officer in accordance with Chapter 4. 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
- Statute: A law passed by a legislature.
(c) An entity is not considered to have failed to comply with this code if a governing document or filing instrument makes a reference to prior law rather than to the corresponding provisions of the prior law in this code.
(d) For purposes of this section, prior law includes a predecessor statute to the prior law.