Texas Business & Commerce Code - Section 36.10. For Unincorporated Business Or Profession Other Than A Limited Partnership, Registered Limited Liability Partnership, Or Limited Liability Company
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§ 36.10. FOR UNINCORPORATED BUSINESS OR PROFESSION OTHER
THAN A LIMITED PARTNERSHIP, REGISTERED LIMITED LIABILITY
PARTNERSHIP, OR LIMITED LIABILITY COMPANY. (a) Any person who
regularly conducts business or renders professional services other
than as a corporation, limited partnership, registered limited
liability partnership, or limited liability company in this state
under an assumed name shall file in the office of the county clerk
in each county in which such person has or will maintain business or
professional premises or, if no business or professional premises
are or will be maintained in any county, in each county where such
person conducts business or renders a professional service, a
certificate setting forth:
(1) the assumed name under which such business or
professional service is or is to be conducted or rendered;
(2) if the registrant is:
(A) an individual, his full name and residence
address;
(B) a partnership, (i) the venture or partnership
name, (ii) the venture or partnership office address, and (iii) the
full name of each joint venturer or general partner and his
residence address if he is an individual or its office address if
not an individual;
(C) an estate, (i) the name of the estate, (ii)
the estate's office address, if any, and (iii) the full name of each
representative of the estate and his residence address if he is an
individual or its office address if not an individual;
(D) a real estate investment trust, (i) the name
of the trust, (ii) the address of the trust, (iii) the full name of
each trustee manager and his residence address if he is an
individual and its office address if not an individual; or
(E) a company other than a real estate investment
trust, or a corporation, (i) the name of the company or corporation,
(ii) the state, country, or other jurisdiction under the laws of
which it was organized, incorporated, or associated, and (iii) its
office address;
(3) the period, not to exceed 10 years, during which
the assumed name will be used; and
(4) a statement specifying that the business or
professional service that is or is to be conducted or rendered in
the county under such assumed name is being or will be conducted or
rendered as a proprietorship, sole practitioner, partnership, real
estate investment trust, joint-stock company, or some other form of
unincorporated business or professional association or entity,
other than a limited partnership, limited liability company, or
registered limited liability partnership, as the case may be.
(b) A certificate filed under Subsection (a) of this section
shall be executed and acknowledged by each individual whose name is
required to be stated therein or by his representative or attorney
in fact, and in the case of any person not an individual the name of
which is required to be stated therein, the certificate shall be
executed and acknowledged under oath on behalf of such person by its
representative or attorney in fact or by a joint venturer, general
partner, trustee manager, officer, or anyone having comparable
authority, as the case may be, of such person. Any certificate
executed and acknowledged by an attorney in fact shall include a
statement that such attorney in fact has been duly authorized in
writing by his principal to execute and acknowledge the same.
Added by Acts 1977, 65th Leg., p. 1096, ch. 403, § 1, eff. Aug.
29, 1977. Amended by Acts 1993, 73rd Leg., ch. 215, § 1.30, eff.
Sept. 1, 1993.
Section: 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 36.16 36.17
Last modified: August 10, 2007
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