Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012 Page: 6,860
6819-7008 p. ; 28 cm.View a full description of this periodical.
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(I) [(III)] [a copy of the minutes of corporate
meetings that record the election of all current officers and directors
as listed on the Disclosure of Owners and Principal Parties or] a cer-
tification from the secretary of the corporation identifying the current
officers and directors as listed in the owners and principal parties sec-
tion of the application for license form [on the Disclosure of Owners
and Principal Parties];
(HI) [(I-V] if the registered [statutory] agent is
not the same as the one on file [registered agent filed] with the Office
of the Texas Secretary of State,[-]
(-a-) a eepy of the minutes of eerporate
meetings that record the election of the statutory agent ore
[-b-] a certification from the secretary of the
corporation identifying the registered [statutory] agent; [and]
(IV) if requested, a copy of the relevant portions
of the bylaws addressing the required number of directors and the re-
quired officer positions for the corporation;
(V) if requested, a copy of the minutes of corpo-
rate meetings that record the election of all current officers and directors
as listed in the owners and principal parties section of the application
for license form;
(VI) [(V)] if requested, a certificate of good
standing from the Texas Comptroller of Public Accounts.
(iii) Publicly held [Publicly-held] corporations.
In addition to the items required for corporations, a publicly held
[publicly-held] corporation must file the most recent 10K or 10Q for
the applicant or for the parent company.
(iv) Limited liability companies. A limited liability
company applicant, domestic or foreign, must provide the following
documents:
(I) (No change.)
I a copy of the relevant portions of the operat-
ing agreement o regulations addressing responsibility for operations;
(II) [(III] [a eepy of the minutes of company
meetings that record the eleetin of all errent officers and directors
as listed on the Disl esue of Owners and Principal Parties r] a
certification from the secretary of the company identifying the current
officers and directors as listed in the owners and principal parties
section of the application for license form [en the Disclosure of
Owners and Principal Parties];
(H) [(IV-] if the registered [statutory] agent is
not the same as the one on file [registered agent filed] with the Office
of the Texas Secretary of State,[-]
f(-a-) a eopy of the minutes of company meet-
ings that record the election of the statutory agent; or
[(-b-y)] a certification from the secretary of the
company identifying the registered [statutory] agent; [and]
(IV) if requested, a copy of the relevant portions
of the operating agreement or regulations addressing responsibility for
operations;
(V) if requested, a copy of the minutes of com-
pany meetings that record the election of all current officers and direc-
tors as listed in the owners and principal parties section of the applica-
tion for license form
(V) [(-V)] if requested, a certificate of good
standing from the Texas Comptroller of Public Accounts.
(v) - (vi) (No change.)(vii) Foreign entities. In addition to the items re-
quired by this section, a foreign entity must provide[-]
[-)] a certificate of authority to do business in
Texas, if applicable. [ and]
fI a statement of where records of Texas loa
transactions will be kept If these records will be maintained at a lo-
cation outside ofT exas the applicant must acknowledge responsibility
forthe travel costs associated with examinations in addition to the usual
assessment fee or agree to make all the records available for examina-
tionn inTexas
(viii) - (ix) (No change.)
(D) Assumed name certificates. For any applicant that
does business under an "assumed name" as that term is defined in Texas
Business and Commerce Code, 71.002, an assumed name certificate
must be filed as provided in this subparagraph.
(i) Unincorporated applicants. Unincorporated ap-
plicants using or planning to use an assumed name must file an assumed
name certificate with the county clerk of the county where the proposed
business is located in compliance with Texas Business and Commerce
Code, Chapter 71. An applicant must provide a copy of the assumed
name certificate that shows the filing stamp of the county clerk or, al-
ternatively, a certified copy.
(ii) Incorporated applicants. Incorporated appli-
cants using or planning to use an assumed name must file an assumed
name certificate in compliance with Texas Business and Commerce
Code, Chapter 71. Evidence of the filing bearing the filing stamp
of the Office of the Texas Secretary of State must be submitted or,
alternatively, a certified copy.
(3) (No change.)
84. 603. New Registered Offices.
(a) A licensee may conduct Texas Finance Code, Chapter 348
transactions at different locations or under additional assumed names
at a single location by filing notice of a new registered office [a Notice
of New Registered Office] and paying the applicable fee.
(b) [The] Notice of a new registered office [New hitood
Office] must be filed before a licensee can engage in a Chapter 348
transaction at the different location or under the additional assumed
name.
(1) - (2) (No change.)
(3) Assumed name certificate [Name Cerificate]. If the
registered office is using an assumed name, as that term is defined
in Texas Business and [&] Commerce Code, [71.002 [ 362(-'7)], an
assumed name certificate [Assumed Name certificate] must be filed as
provided in this paragraph.
(A) Unincorporated applicants. Unincorporated appli-
cants using or planning to use an assumed name at a new registered
office must file an assumed name certificate with the county clerk
of the county where the proposed business is located in compliance
with Texas Business and [&] Commerce Code, Chapter 71 [386-1)
as amended]. An applicant must provide a copy of the assumed
name certificate that shows the filing stamp of the county clerk or,
alternatively, a certified copy.
(B) Incorporated applicants. Incorporated applicants
using or planning to use an assumed name at a new registered office
must file an assumed name certificate in compliance with Texas
Business and [&] Commerce Code, Chapter 71 [*36-1- as amended].
Evidence of the filing bearing the filing stamp of the Office of the37 TexReg 6860 August 31, 2012 Texas Register
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Texas. Secretary of State. Texas Register, Volume 37, Number 35, Pages 6819-7008, August 31, 2012, periodical, August 31, 2012; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth253227/m1/42/?rotate=270: accessed April 23, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.