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A BILL TO BE ENTITLED
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AN ACT
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relating to the acknowledgment of a written instrument on behalf of |
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a limited liability company. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 121.006(b), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(b) In an acknowledgment form "acknowledged" means: |
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(1) in the case of a natural person, that the person |
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personally appeared before the officer taking the acknowledgment |
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and acknowledged executing the instrument for the purposes and |
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consideration expressed in it; |
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(2) in the case of a person as principal by an |
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attorney-in-fact for the principal, that the attorney-in-fact |
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personally appeared before the officer taking the acknowledgment |
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and that the attorney-in-fact acknowledged executing the |
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instrument as the act of the principal for the purposes and |
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consideration expressed in it; |
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(3) in the case of a partnership by a partner or |
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partners acting for the partnership, that the partner or partners |
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personally appeared before the officer taking the acknowledgment |
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and acknowledged executing the instrument as the act of the |
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partnership for the purposes and consideration expressed in it; |
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(4) in the case of a corporation by a corporate officer |
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or agent, that the corporate officer or agent personally appeared |
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before the officer taking the acknowledgment and that the corporate |
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officer or agent acknowledged executing the instrument in the |
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capacity stated, as the act of the corporation, for the purposes and |
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consideration expressed in it; [and] |
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(5) in the case of a person acknowledging as a public |
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officer, trustee, executor or administrator of an estate, guardian, |
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or other representative, that the person personally appeared before |
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the officer taking the acknowledgment and acknowledged executing |
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the instrument by proper authority in the capacity stated and for |
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the purposes and consideration expressed in it; and |
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(6) in the case of a limited liability company by a |
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member, manager, or authorized officer acting for the limited |
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liability company, that the member, manager, or authorized officer |
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personally appeared before the officer taking the acknowledgment |
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and acknowledged executing the instrument as the act of the limited |
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liability company for the purposes and consideration expressed in |
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it. |
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SECTION 2. Section 121.008(b), Civil Practice and Remedies |
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Code, is amended to read as follows: |
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(b) Short forms for certificates of acknowledgment include: |
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(1) For a natural person acting in his own right: |
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State of Texas |
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County of ____________ |
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This instrument was acknowledged before me on (date) by |
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(name or names of person or persons acknowledging). |
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(Signature of officer) |
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(Title of officer) |
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My commission expires: ________ |
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(2) For a natural person as principal acting by |
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attorney-in-fact: |
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State of Texas |
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County of ____________ |
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This instrument was acknowledged before me on (date) by |
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(name of attorney-in-fact) as attorney-in-fact on behalf of (name |
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of principal). |
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(Signature of officer) |
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(Title of officer) |
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My commission expires: ________ |
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(3) For a partnership acting by one or more partners: |
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State of Texas |
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County of ____________ |
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This instrument was acknowledged before me on (date) by |
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(name of acknowledging partner or partners), partner(s) on behalf |
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of (name of partnership), a partnership. |
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(Signature of officer) |
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(Title of officer) |
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My commission expires: ________ |
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(4) For a corporation: |
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State of Texas |
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County of ____________ |
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This instrument was acknowledged before me on (date) by |
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(name of officer), (title of officer) of (name of corporation |
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acknowledging) a (state of incorporation) corporation, on behalf of |
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said corporation. |
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(Signature of officer) |
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(Title of officer) |
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My commission expires: ________ |
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(5) For a public officer, trustee, executor, |
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administrator, guardian, or other representative: |
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State of Texas |
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County of ____________ |
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This instrument was acknowledged before me on (date) by |
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(name of representative) as (title of representative) of (name of |
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entity or person represented). |
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(Signature of officer) |
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(Title of officer) |
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My commission expires: ________ |
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(6) For a limited liability company: |
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State of Texas |
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County of ____________ |
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This instrument was acknowledged before me on (date) by |
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(name of acknowledging member, manager, or authorized officer), a |
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member, manager, or authorized officer of (name of limited |
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liability company) on behalf of (name of limited liability |
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company), a limited liability company. |
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(Signature of officer) |
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(Title of officer) |
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My commission expires: ________ |
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SECTION 3. This Act takes effect September 1, 2019. |