Bill Text: TX HB3131 | 2021-2022 | 87th Legislature | Enrolled

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Bill Title: Relating to the information required to be included in the certificate of formation of a filing entity.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-06-16 - Effective on 1/1/22 [HB3131 Detail]

Download: Texas-2021-HB3131-Enrolled.html

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H.B. No. 3131

AN ACT
relating to the information required to be included in the
certificate of formation of a filing entity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 3.005(a), Business Organizations Code,
is amended to read as follows:
(a) The certificate of formation must state:
(1) the name of the filing entity being formed;
(2) the type of filing entity being formed;
(3) for filing entities other than limited
partnerships, the purpose or purposes for which the filing entity
is formed, which may be stated to be or include any lawful purpose
for that type of entity;
(4) for filing entities other than limited
partnerships, the period of duration, if the entity is not formed to
exist perpetually and is intended to have a specific period of
duration;
(5) the street address of the initial registered
office of the filing entity and the name of the initial registered
agent of the filing entity at the office;
(6) the initial mailing address of the filing entity;
(7) the name and address of each:
(A) organizer for the filing entity, unless the
entity is formed under a plan of conversion or merger;
(B) general partner, if the filing entity is a
limited partnership; or
(C) trust manager, if the filing entity is a real
estate investment trust;
(8) [(7)] if the filing entity is formed under a plan
of conversion or merger, a statement to that effect and, if formed
under a plan of conversion, the name, address, date of formation,
prior form of organization, and jurisdiction of formation of the
converting entity; and
(9) [(8)] any other information required by this code
to be included in the certificate of formation for the filing
entity.
SECTION 2. The change in law made by this Act applies only
to a certificate of formation filed on or after the effective date
of this Act. A certificate of formation filed before the effective
date of this Act is governed by the law in effect on the date on
which the certificate of formation was filed, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect January 1, 2022.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 3131 was passed by the House on May 6,
2021, by the following vote: Yeas 144, Nays 1, 2 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 3131 on May 28, 2021, by the following vote: Yeas 147, Nays 0,
1 present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 3131 was passed by the Senate, with
amendments, on May 24, 2021, by the following vote: Yeas 30, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor