(a) The date, or the date and time, at which a filing instrument takes effect is delayed if the instrument clearly and expressly states, in addition to any other required statement or information:
(1) the specified date, or the specified date and time, at which the instrument takes effect; or
(2) if the instrument takes effect on or after the occurrence of a future event or fact that may occur:
(A) the event or fact that will cause the instrument to take effect;
(B) when the filing instrument is to take effect if the instrument is to take effect after the occurrence of a specified future event or fact; and
(C) the date of the 90th day after the date the instrument is signed.
(b) If the effectiveness of a filing instrument is to be delayed as permitted by § 4.052:
(1) the effective date may not be later than the 90th day after the date the instrument is signed; and
(2) the specified time at which the instrument is to take effect may not be specified as “12:00 a.m.” or “12:00 p.m.”

Terms Used In Texas Business Organizations Code 4.053

  • 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
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005