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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 or partnership. |
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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, authorized officer, or agent acting for the partnership, |
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that the partner, [or] partners, authorized officer, or agent |
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personally appeared before the officer taking the acknowledgment |
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and acknowledged executing the instrument in the capacity stated, |
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as the act of the partnership, for the purposes and consideration |
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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, authorized officer, or agent acting for the |
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limited liability company, that the member, manager, authorized |
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officer, or agent personally appeared before the officer taking the |
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acknowledgment and acknowledged executing the instrument in the |
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capacity stated, as the act of the limited liability company, for |
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the purposes and consideration expressed in 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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an authorized officer, or an agent: |
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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, authorized officer, |
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or agent), (partner(s), authorized officer, or agent) on behalf of |
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(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, authorized officer, or |
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agent), a (member, manager, authorized officer, or agent) of (name |
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of limited liability company) on behalf of (name of limited |
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liability 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. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1159 was passed by the House on April |
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11, 2019, by the following vote: Yeas 144, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1159 was passed by the Senate on May |
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2, 2019, by the following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |