SECTION 80.1. Application for Registration as a Limited Liability Partnership

(a) Initial application. To register as a limited liability partnership, a partnership must comply with §§152.802 - 152.804 and Chapter 4 of the Texas Business Organizations Code. The secretary of state has promulgated a form for this purpose; however, use of such form is not mandatory. See Form 701, available at http://www.sos.state.tx.us/corp/forms_boc.shtml. Applications submitted for filing with the secretary of state must be executed by a majority in interest of the partners or by one or more partners authorized by a majority in interest of the partners and must contain the following information:

(1) the name of the partnership;

(2) the federal tax identification number of the partnership;

(3) the street address of its principal office in this state and outside this state, as applicable;

(4) the number of partners at the date of application; and

(5) a brief statement of the business in which the partnership engages.

(b) Name of the partnership. The name of the limited liability partnership shall contain the phrase "limited liability partnership" or an abbreviation thereof. In addition to the limited liability partnership designation, names of limited liability partnerships that are organized as limited partnerships must also include the word "limited" or the phrase "limited partnership," or an abbreviation thereof. When processing a limited liability partnership registration, the secretary of state does not review the name of the partnership, or a change of name, to determine whether the name conforms with the entity name availability rules of §§79.30 - 79.54 of this title. Names of limited liability partnerships that are organized as limited partnerships, however, will be reviewed for availability when the secretary of state processes the separate limited partnership certificate of formation.

(c) Federal tax identification number. A partnership which has applied for, but not obtained, a federal tax identification number at the time of submission may provide a statement to that effect in its application for registration. Once the partnership has obtained its federal tax identification number, the partnership shall amend its application for registration to provide the identification number required under §152.802(a)(1)(B) of the Texas Business Organizations Code and subsection (a)(2) of this section.

Source Note: The provisions of this §80.1 adopted to be effective February 18, 1998, 23 TexReg 1532; amended to be effective January 1, 2010, 34 TexReg 9173