SECTION 79.72. Statement Regarding Delayed Effective Condition

(a) Contents. Pursuant to §4.055 of the Texas Business Organizations Code, when a condition triggering the effectiveness of a document filing has been satisfied or waived, a statement regarding the delayed effective condition must be submitted to the secretary of state. Such statement must contain the following information:

(1) the name of the business entity;

(2) the charter or file number of the entity;

(3) the document to which the statement applies;

(4) the date of filing of the document to which the statement applies;

(5) the date on which the condition was satisfied or waived; and

(6) the signature required by §4.001 of the Texas Business Organizations Code.

(b) Timeliness. Pursuant to §4.055 of the Texas Business Organizations Code, the statement regarding the delayed effective condition should be filed in the Office of the Secretary of State by the date of the 90th day from the date of filing as defined in §79.71 of this title (relating to Determining the Date of the 90th Day after the Date of Filing). Statements regarding the delayed effective condition received after the date of the 90th day from the date of filing will be filed for record; however, the secretary of state will not determine substantial compliance with the provisions of §4.055.

Source Note: The provisions of this §79.72 adopted to be effective February 18, 1998, 23 TexReg 1529; amended to be effective January 1, 2010, 34 TexReg 9169