| 1 | 1 | | By: Carona S.B. No. 699 |
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| 2 | 2 | | (Villalba) |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the contents of an assumed name certificate filed by |
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| 8 | 8 | | certain businesses or professionals. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 71.102, Business & Commerce Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 71.102. CONTENTS OF CERTIFICATE. The certificate must |
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| 13 | 13 | | state: |
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| 14 | 14 | | (1) the assumed name under which the business is or is |
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| 15 | 15 | | to be conducted or the professional service is or is to be rendered; |
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| 16 | 16 | | (2) the registrant's name as stated in the |
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| 17 | 17 | | registrant's certificate of formation or application filed with the |
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| 18 | 18 | | office of the secretary of state or other comparable document; |
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| 19 | 19 | | (3) the state, country, or other jurisdiction under |
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| 20 | 20 | | the laws of which the registrant was incorporated or organized [and |
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| 21 | 21 | | the registrant's registered or similar office address in that |
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| 22 | 22 | | state, country, or jurisdiction]; |
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| 23 | 23 | | (4) the period, not to exceed 10 years, during which |
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| 24 | 24 | | the registrant will use the assumed name; |
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| 25 | 25 | | (5) a statement specifying that the registrant is: |
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| 26 | 26 | | (A) a for-profit corporation, nonprofit |
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| 27 | 27 | | corporation, professional corporation, professional association, |
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| 28 | 28 | | or other type of corporation; |
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| 29 | 29 | | (B) a limited partnership, limited liability |
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| 30 | 30 | | partnership, or limited liability company; or |
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| 31 | 31 | | (C) another type of incorporated business, |
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| 32 | 32 | | professional or other association, or legal entity, foreign or |
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| 33 | 33 | | domestic; |
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| 34 | 34 | | (6) the street or mailing address of[: |
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| 35 | 35 | | [(A)] the registrant's principal office in this |
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| 36 | 36 | | state or outside this state, as applicable[; or |
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| 37 | 37 | | [(B) if the registrant is not required to or does |
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| 38 | 38 | | not maintain a registered office in this state: |
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| 39 | 39 | | [(i) the registrant's office in this state; |
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| 40 | 40 | | and |
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| 41 | 41 | | [(ii) the registrant's place of business in |
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| 42 | 42 | | this state and any office of the registrant outside this state, if |
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| 43 | 43 | | the registrant is not incorporated or organized under the laws of |
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| 44 | 44 | | this state]; and |
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| 45 | 45 | | (7) the county or counties in this state where the |
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| 46 | 46 | | registrant is or will be conducting business or rendering |
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| 47 | 47 | | professional services under the assumed name. |
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| 48 | 48 | | SECTION 2. The change in law made by this Act applies only |
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| 49 | 49 | | to a certificate filed on or after the effective date of this Act. |
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| 50 | 50 | | SECTION 3. This Act takes effect September 1, 2013. |
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