Texas Business & Commerce Code - Section 36.02. Definitions
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Texas Lawyer > Business & Commerce Code > Texas Business & Commerce Code - Section 36.02. Definitions
§ 36.02. DEFINITIONS. In this chapter, unless the
context otherwise requires:
(1) "Partnership" means a joint venture or general
partnership other than a limited partnership or a registered
limited liability partnership.
(2) "Company" means a real estate investment trust,
joint-stock company, or any other business, professional, or other
association or legal entity that is not incorporated other than a
partnership, limited partnership, limited liability company, or
registered limited liability partnership.
(3) "Corporation" means a domestic or foreign
corporation, professional corporation, professional association,
other corporation, or any other business, professional, or other
association or legal entity that is incorporated.
(4) "Person" includes an individual, partnership,
limited partnership, limited liability company, registered limited
liability partnership, company, or corporation.
(5) "Representative" means a trustee, administrator,
executor, independent executor, guardian, conservator, trustee in
bankruptcy, receiver, or any other person appointed by a court or by
trust or will to have custody of, take possession of, have title to,
or otherwise be empowered to control the person or property of any
person.
(6) "Estate" means the property of any person which is
administered by a representative.
(7) "Assumed name" means:
(A) in the case of an individual, a name that does
not include the surname of the individual;
(B) in the case of a partnership, a name that does
not include the surname or other legal name of each joint venturer
or general partner;
(C) in the case of an individual or a
partnership, a name, including a surname, that suggests the
existence of additional owners by including words such as
"Company," "& Company," "& Son," "& Sons," "& Associates,"
"Brothers," and the like, but not words that merely describe the
business or professional service being conducted or rendered;
(D) in the case of a limited partnership, any
name other than the name stated in its certificate of limited
partnership;
(E) in the case of a company, any name used by the
company;
(F) in the case of a corporation, any name other
than the name stated in its articles of incorporation or
association or comparable document;
(G) in the case of a registered limited liability
partnership, any name other than the name stated in its application
filed with the office of the Secretary of State or comparable
document; and
(H) in the case of a limited liability company,
any name other than the name stated in its articles of organization
or comparable document.
(8) "Registrant" means any person that has filed, or
on whose behalf there has been filed, an assumed name certificate
under the provisions of this chapter or other law.
(9) "Office" means, in the case of any person that is
not an individual or that is a corporation which is not required to
or does not maintain a registered office in this state, the
principal office of such person and also its principal place of
business if not the same as its principal office. In the case of a
corporation, limited partnership, registered limited liability
partnership, or limited liability company which is required to
maintain a registered office in this state, "office" means the
registered office and also its principal office if not the same as
its registered office.
(10) "Address" means a post office address and also
the street address if not the same as the post office address.
Added by Acts 1977, 65th Leg., p. 1095, ch. 403, § 1, eff. Aug.
29, 1977. Amended by Acts 1993, 73rd Leg., ch. 215, § 1.29, eff.
Sept. 1, 1993.
Section: 35.114 35.121 35.122 35.123 35.124 35.125 36.01 36.02 36.03 36.10 36.11 36.12 36.13 36.14 36.15
Last modified: August 10, 2007
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