Texas Business Organizations Code 4.002 – Action by Secretary of State
(a) If the secretary of state finds that a filing instrument delivered under § 4.001 conforms to the provisions of this code that apply to the entity and to applicable rules adopted under § 12.001 and that all required fees have been paid, the secretary of state shall:
(1) file the instrument by accepting it into the filing system adopted by the secretary of state and assigning the instrument a date of filing; and
(2) deliver a written acknowledgment of filing to the entity or its representative.
(b) If a duplicate copy of the filing instrument is delivered to the secretary of state, on accepting the filing instrument, the secretary of state shall return the duplicate copy, endorsed with the word “Filed” and the month, day, and year of filing, to the entity or its representative with the acknowledgment of filing.
Terms Used In Texas Business Organizations Code 4.002
- 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
- Month: means a calendar month. See Texas Government Code 312.011
- 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 - written: means an expression of words, letters, characters, numbers, symbols, figures, or other textual information that is inscribed on a tangible medium or that is stored in an electronic or other medium that is retrievable in a perceivable form. See Texas Business Organizations Code 1.002
- Year: means 12 consecutive months. See Texas Government Code 311.005