Texas Business Organizations Code 22.365 – Reinstatement
(a) A corporation that is terminated or the registration of which has been revoked as provided by § 22.364 may be relieved of the termination or revocation by filing the report required by § 22.357, accompanied by the filing fee for the report, if the corporation has paid:
(1) all fees, taxes, penalties, and interest due and accruing before the termination or revocation; and
(2) an amount equal to the total taxes from the date of termination or revocation to the date of reinstatement that would have been payable if the corporation had not been terminated or had its registration revoked.
(b) When the report is filed and the filing fee is paid to the secretary of state, the secretary of state shall:
(1) reinstate the certificate of formation or registration without judicial action;
(2) cancel the word “forfeited” on the record; and
(3) endorse on the record kept in the secretary’s office relating to the corporation the words “set aside” and the date of the reinstatement.
Terms Used In Texas Business Organizations Code 22.365
- 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 - Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: means an entity governed as a corporation under Title 2 or 7. 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
(c) If a termination or revocation is set aside under this section, the corporation shall determine from the secretary of state whether the name of the corporation is available. If the name of the corporation is not available at the time of reinstatement, the corporation shall amend its corporate name under this code.