SECTION 80.23. Cancellation of Statement Appointing an Agent

(a) Notice of Cancellation. A statement appointing an agent may be canceled by filing with the secretary of state a written notice of cancellation. The secretary of state has promulgated a form for this purpose; however, use of such form is not mandatory. See Form 709, available at http://www.sos.state.tx.us/corp/forms_boc.shtml. A notice of cancellation must include the following information:

(1) the name of the nonprofit association;

(2) the federal tax identification number of the nonprofit association, if applicable;

(3) the date of filing of its statement appointing an agent;

(4) the statement that the nonprofit association cancels its statement appointing an agent; and

(5) the current street address of the nonprofit association, or its address outside this state, if applicable.

(b) Execution. The notice of cancellation submitted for filing with the secretary of state must be executed by a person authorized to manage the affairs of the nonprofit association, or, if the person is a corporation or other legal or commercial entity, by an officer or other duly authorized representative of the corporation or other legal or commercial entity. The notice of cancellation also must be signed by the appointed agent, or, if the person appointed agent is a corporation or other legal or commercial entity, by an officer or other duly authorized representative of the corporation or other legal or commercial entity.

(c) Fee. The fee for filing a notice of cancellation is $5.00.

(d) Filing. The notice of cancellation, accompanied by the filing fee, shall be delivered to the secretary of state. The secretary of state will endorse on the notice of cancellation the word "filed," and the month, day, and year of the filing, and place the document on record. A letter of acknowledgement shall be delivered to the nonprofit association, its designated representative or to its appointed agent. A duplicate "file stamped" copy of the notice of cancellation will accompany the letter of acknowledgement, provided that a duplicate copy of the document is delivered by the nonprofit association for such purpose.

Source Note: The provisions of this §80.23 adopted to be effective November 28, 1995, 20 TexReg 9405; amended to be effective January 1, 2010, 34 TexReg 9173