Texas Business and Commerce Code 71.053 – Execution of Certificate
(a) The certificate must be executed and acknowledged:
(1) by each individual whose name is required to be stated in the certificate or the individual’s representative or attorney-in-fact; and
(2) under oath on behalf of each person whose name is required to be stated in the certificate and who is not an individual, by:
(A) the person’s representative or attorney-in-fact; or
(B) a joint venturer, general partner, trustee manager, officer, or other person having authority regarding the person comparable to the person’s representative or attorney-in-fact.
(b) A certificate executed and acknowledged by an attorney-in-fact must include a statement that the attorney has been authorized in writing by the attorney’s principal to execute and acknowledge the certificate.
Terms Used In Texas Business and Commerce Code 71.053
- Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Trustee: A person or institution holding and administering property in trust.