SECTION 79.31. Applicability of Rules

(a) Except as provided by subsection (b) of this section, these rules apply to all filing instruments, which are required to be reviewed for name availability, received by the secretary of state on or after June 1, 2018.

(b) These rules apply to name reservations and name registrations processed by the Secretary on or after June 1, 2018.

(c) The Secretary may not accept for filing proposed entity names which are the same. The Secretary may only accept those proposed names which are not distinguishable if consent is granted in accordance with §79.40 of this subchapter (relating to Names that are Available with Consent).

(d) The Secretary may accept a name if the entity or person seeking acceptance of the filing instrument with the indistinguishable name delivers to the Secretary a certified copy of the final judgment of a court of competent jurisdiction that establishes the entity's or person's right to the name in this state.

Source Note: The provisions of this §79.31 adopted to be effective June 1, 2018, 43 TexReg 3341