2021 Texas Statutes
Business Organizations Code
Title 1 - General Provisions
Chapter 5 - Names of Entities; Registered Agents and Registered Offices
Subchapter C. Reservation of Names
Section 5.102. Limitation on the Reservation of Certain Names
Sec. 5.102. LIMITATION ON THE RESERVATION OF CERTAIN NAMES.
Text of subsection effective until June 01, 2022
(a) The secretary of state may reserve a name under this subchapter only if the name is distinguishable in the records of the secretary of state from:
(1) the name of an existing filing entity;
(2) the name of a foreign filing entity that is registered under Chapter 9;
(3) the fictitious name under which a foreign filing entity is registered to transact business in this state;
(4) a name that is reserved under this subchapter; or
(5) a name that is registered under Subchapter D.
Text of subsection effective on June 01, 2022
(a) The secretary of state may reserve a name under this subchapter only if the name is distinguishable in the records of the secretary of state from:
(1) the name of an existing filing entity;
(2) the name of a foreign filing entity that is registered under Chapter 9;
(3) the fictitious name under which a foreign filing entity is registered to transact business in this state;
(4) a name that is reserved under this subchapter;
(5) a name that is registered under Subchapter D; or
(6) the name of an existing registered series of a domestic limited liability company.
(b) Subsection (a) does not apply if the other entity or the person for whom the name is reserved or registered, as appropriate, provides to the secretary of state a notarized written statement of the entity's or person's consent to the subsequent reservation of the name.
(c) Subsection (b) does not apply if the secretary of state determines that the names are the same.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1195 (S.B. 1313), Sec. 2, eff. June 19, 2015.
Acts 2017, 85th Leg., R.S., Ch. 503 (H.B. 2856), Sec. 4, eff. June 1, 2018.
Acts 2021, 87th Leg., R.S., Ch. 43 (S.B. 1523), Sec. 19, eff. June 1, 2022.
