SECTION 79.81. Conversion Filings

(a) Upon filing of a conversion document where the converting entity is a domestic or foreign filing entity, the computer records of the secretary of state relating to the converting entity will be changed to show the filing of the conversion document; the date of the filing; the future date on which the document will be effective or a code indicating that the effectiveness is based on a future condition, if applicable; and, for domestic converting entities, the name of the converted entity. In addition, if the converted entity is a domestic filing entity, the converted domestic entity shall appear in the active records of the secretary of state indexed under an applicable file number and type code.

(b) Upon filing of a conversion document, the status will be changed as follows:

(1) if the converting entity is a domestic filing entity, the status of the converting entity will be changed from active to inactive;

(2) if the converting entity is a foreign filing entity and the converted entity is a domestic filing entity, the status of the converting entity will be changed from active to inactive;

(3) if the converting entity is a foreign filing entity and the converted entity is not a domestic filing entity, the status of the converting entity will not be changed upon filing of a conversion document. In such a case, the converting entity may withdraw its registration prior to filing the conversion document or terminate its registration concurrently with or after filing the conversion document. If the converted entity is a foreign filing entity, the converting entity may transfer the registration to the converted entity by amendment to the registration.

Source Note: The provisions of this §79.81 adopted to be effective January 1, 2010, 34 TexReg 9169