Texas Estates Code 505.004 – Filing Requirements; Designation
(a) A foreign corporate fiduciary must file the following documents with the secretary of state before qualifying or serving in this state in a fiduciary capacity as authorized by § 505.003:
(1) a copy of the fiduciary’s charter, articles of incorporation or of association, and all amendments to those documents, certified by the fiduciary’s secretary under the fiduciary’s corporate seal;
(2) a properly executed written instrument that by the instrument’s terms is of indefinite duration and irrevocable, appointing the secretary of state and the secretary of state’s successors as the fiduciary’s agent for service of process on whom notices and processes issued by a court of this state may be served in an action or proceeding relating to a trust, estate, fund, or other matter within this state with respect to which the fiduciary is acting in a fiduciary capacity, including the acts or defaults of the fiduciary with respect to that trust, estate, or fund; and
(3) a written certificate of designation specifying the name and address of the officer, agent, or other person to whom the secretary of state shall forward notices and processes described by Subdivision (2).
(b) A foreign corporate fiduciary may change the certificate of designation under Subsection (a)(3) by filing a new certificate.
Terms Used In Texas Estates Code 505.004
- Corporate fiduciary: means a financial institution, as defined by § 201. See Texas Estates Code 22.006
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Fiduciary: A trustee, executor, or administrator.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Service of process: The service of writs or summonses to the appropriate party.
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005