Sec. 402.0051. EFFECT OF REFERENCES TO PRIOR LAW AND USE OF SYNONYMOUS TERMS. (a) A governing document or a filing instrument, including a certificate of formation or application for registration, is not considered to have failed to conform to this code if the governing document or filing instrument:
(1) contains a reference to prior law that was applicable at the time of its filing or adoption;
(2) contains a provision that was authorized by prior law at the time of its filing or adoption;
(3) includes a term or phrase described by Section 1.006; or
(4) includes a term or phrase from prior law that is different from the corresponding term or phrase used in this code.
(b) A reference in a governing document or filing instrument to a statute or provision of a statute in effect before January 1, 2010, that was repealed by this code is considered to be a reference to the provision or provisions of this code that correspond to the repealed statute or provision unless the governing document or filing instrument expressly provides otherwise.
(c) An entity is not considered to have failed to comply with this code if a governing document or filing instrument makes a reference to prior law rather than to the corresponding provisions of the prior law in this code.
(d) For purposes of this section, prior law includes a predecessor statute to the prior law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 139 (S.B. 748), Sec. 62, eff. September 1, 2011.
Structure Texas Statutes
Title 8 - Miscellaneous and Transition Provisions
Chapter 402 - Miscellaneous and Transition Provisions
Section 402.001. Applicability Upon Effective Date
Section 402.002. Early Effectiveness of Fees
Section 402.003. Early Adoption of Code by Existing Domestic Entity
Section 402.004. Early Adoption of Code by Registered Foreign Filing Entity
Section 402.005. Applicability to Existing Entities
Section 402.0051. Effect of References to Prior Law and Use of Synonymous Terms
Section 402.006. Applicability to Certain Acts, Contracts, and Transactions
Section 402.007. Indemnification
Section 402.008. Meetings of Owners and Members; Consents; Voting of Interests
Section 402.009. Meetings of Governing Authority and Committees; Consents
Section 402.010. Sale of Assets, Mergers, Reorganizations, Conversions
Section 402.011. Winding Up and Termination
Section 402.012. Registration of Certain Foreign Entities