Texas Business Organizations Code 5.205 – Rejection of Appointment
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(a) A person designated or appointed as an entity‘s registered agent in a registered agent filing without the person’s consent may terminate the person’s appointment or designation as registered agent by filing a statement of rejection of appointment with the filing officer.
(b) The statement of rejection of appointment must:
(1) be signed by the person named as registered agent;
(2) contain the name of the represented entity; and
(3) contain a statement certifying that the person did not consent to serve as the represented entity’s registered agent on the date on which the registered agent filing on which the person is named as registered agent took effect.
Terms Used In Texas Business Organizations Code 5.205
- Entity: means a domestic entity or foreign entity. See Texas Business Organizations Code 1.002
- Filing officer: means :
(A) with respect to an entity other than a domestic real estate investment trust, the secretary of state; or
(B) with respect to a domestic real estate investment trust, the county clerk of the county in which the real estate investment trust's principal office is located in this state. 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
- Person: means an individual or a corporation, partnership, limited liability company, business trust, trust, association, or other organization, estate, government or governmental subdivision or agency, or other legal entity, or a protected series or registered series of a domestic limited liability company or foreign entity. 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 - Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
(c) On acceptance of the statement of rejection of appointment by the filing officer, the designation or appointment of that person as registered agent and the designation of the registered office terminate.
(d) On termination of the designation or appointment of a registered agent and the designation of the registered office, the secretary of state shall send notice to the represented entity of the necessity to designate or appoint a new registered agent and registered office in accordance with § 9.101 or 11.251, as applicable.
(e) The filing officer may not charge a fee for the filing of a statement of rejection of appointment.