Sec. 3.001. FORMATION AND EXISTENCE OF FILING ENTITIES. (a) Subject to the other provisions of this code, to form a filing entity, a certificate of formation complying with Sections 3.003, 3.004, and 3.005 must be filed in accordance with Chapter 4.
(b) The filing of a certificate of formation described by Subsection (a) may be included in a filing under Chapter 10.
(c) The existence of a filing entity commences when the filing of the certificate of formation takes effect as provided by Chapter 4.
(d) Except in a proceeding by the state to terminate the existence of a filing entity, an acknowledgment of the filing of a certificate of formation issued by the filing officer is conclusive evidence of:
(1) the formation and existence of the filing entity;
(2) the satisfaction of all conditions precedent to the formation of the filing entity; and
(3) the authority of the filing entity to transact business in this state.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Structure Texas Statutes
Chapter 3 - Formation and Governance
Subchapter A. Formation, Existence, and Certificate of Formation
Section 3.001. Formation and Existence of Filing Entities
Section 3.002. Formation and Existence of Nonfiling Entities
Section 3.005. Certificate of Formation
Section 3.006. Filings in Case of Merger or Conversion
Section 3.009. Supplemental Provisions Required in Certificate of Formation of Nonprofit Corporation
Section 3.011. Supplemental Provisions Regarding Certificate of Formation of Limited Partnership
Section 3.014. Supplemental Provisions Required in Certificate of Formation of Professional Entity