Texas Business Organizations Code - Section 4.057. Abandonment Before Effectiveness
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§ 4.057. ABANDONMENT BEFORE EFFECTIVENESS. (a) The
parties to a filing instrument may abandon the filing instrument if
the instrument has not taken effect.
(b) To abandon a filing instrument the parties to the
instrument must file with the filing officer a certificate of
abandonment.
(c) A certificate of abandonment must:
(1) be signed on behalf of each entity that is a party
to the action or transaction by the person authorized by this code
to act on behalf of the entity;
(2) state the nature of the filing instrument to be
abandoned, the date of the instrument, and the parties to the
instrument; and
(3) state that the filing instrument has been
abandoned in accordance with the agreement of the parties.
(d) On the filing of the certificate of abandonment, the
action or transaction evidenced by the original filing instrument
is abandoned and may not take effect.
(e) If in the interim before a certificate of abandonment is
filed the name of an entity that is a party to the action or
transaction becomes the same as or deceptively similar to the name
of another entity already on file or reserved or registered under
this code, the filing officer may not file the certificate of
abandonment unless the entity by or for whom the certificate is
filed changes its name in the manner provided by this code for that
entity.
Acts 2003, 78th Leg., ch. 182, § 1, eff. Jan. 1, 2006.
Section: 4.009 4.051 4.052 4.053 4.054 4.055 4.056 4.057 4.058 4.059 4.101 4.102 4.103 4.104 4.105
Last modified: August 11, 2007
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