Texas Business Organizations Code - Section 402.003. Early Adoption Of Code By Existing Domestic Entity
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§ 402.003. EARLY ADOPTION OF CODE BY EXISTING DOMESTIC
ENTITY. (a) A domestic entity formed before the effective date of
this code may voluntarily elect to adopt and become subject to this
code by:
(1) complying with the procedures to amend its
governing documents to adopt this code and, if necessary, to cause
its governing documents to comply with this code; and
(2) if the domestic entity is a filing entity, filing
with the secretary of state in accordance with Chapter 4:
(A) a statement that the filing entity is
electing to adopt this code; and
(B) if necessary, a certificate of amendment that
would cause its certificate of formation to comply with this code.
(b) If amendments to the governing documents of a domestic
entity that are necessary to conform the governing documents to
this code would not require, under prior law, the vote or consent of
the owners or members of the entity, this code and any amendment to
the governing documents required by this section may be adopted by
the governing authority only in the manner provided for an
amendment of the particular governing document.
Acts 2003, 78th Leg., ch. 182, § 1, eff. Jan. 1, 2006.
Section: 303.004 303.005 303.006 304.001 401.001 402.001 402.002 402.003 402.004 402.005 402.006 402.007 402.008 402.009 402.010
Last modified: August 11, 2007
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