SECTION 79.41. Administrative Review of Documents with Names Requiring Consent

(a) A proposed name which is deemed to require consent cannot be filed without consent. No waiver of consent will be allowed even under the following conditions:

(1) there is related management or ownership;

(2) the existing entity is not actively engaged in business;

(3) the existing entity is about to change its name, be terminated, forfeited, or merged out of existence.

(b) The consent must accompany the document to which the consent relates at the time of submission.

(c) Upon the simultaneous submission of any filing instruments relating to the formation of two or more related entities, consent for the use of a name requiring consent will be implied. Example: Consent is not required for the simultaneous formation of a Texas limited partnership named ABC Ventures, Ltd. and its general partner, ABC Ventures, LLC.

(d) If a proposed entity name conflicts with more than one entity name, the secretary of state will request that consent be obtained from the entity or name registrant, as applicable, with the longest continuous use of the entity name as determined by the records of the secretary of state.

Source Note: The provisions of this §79.41 adopted to be effective June 1, 2018, 43 TexReg 3341