Days Allowed for Read and Sign in Texas

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Filing & Other Full general FAQs

• Formation of Texas Entities
• Amendments and Corrections
• Name Filings
• Mergers and Conversions
• Terminations and Reinstatements
• Foreign or Out-of-Land Entities
• Nonprofit Organizations
• Management and Ownership
• Registered Agents
• Home or Holding Owners' Assns.
• Business organization Organizations Code
• Filing & Other Full general Questions
• SOSDirect
• Trademarks
• Service of Process Information

The answers to our Frequently Asked Questions are provided for advisory purposes and are not intended to provide legal advice or to substitute for the communication of an attorney. If you have specific legal questions, consult your chaser.

• Signing Documents
• Submitting Documents
• Fees & Payment
• Copies & Certificates

Signing Documents

1. Who can sign a document filed with the secretary of state under the Texas Business Organizations Code (BOC)?
2. How should my documents exist signed?  Does the form of the signature matter?
3. Does the signature on my document need to be notarized?

1. Who can sign a document filed with the secretary of state under the Texas Business Organizations Code (BOC)?

   Who tin sign a certificate filed with the secretary of state depends on the type of entity, whether the entity is domestic or foreign, and the blazon of document.  For Texas filing entities, utilise the table below.  For other types of entities, see the information post-obit the domestic entities tabular array.

   Authorized signers for domestic filing entities.  Instructions for table: Choose the type of entity at the pinnacle and the type of document on the left.  The cell where the two choices lucifer upward contains the answer to who can sign the document.  For case, a nonprofit corporation document of formation must exist signed by each organizer.

   		Domestic Entity
   		Corporation (for-turn a profit, nonprofit, professional)	Limited Partnership	LLC/PLLC	Professional Association	Cooperative Association
   	Formation	Each organizer (BOC § 3.004)	Each full general partner (BOC § iii.004)	Each organizer (BOC § iii.004)	Each fellow member (BOC § 3.015(a)(i))	Each organizer (BOC § 3.004)
   	Correction (BOC § 4.101)	A person authorized to sign the certificate being corrected
   	Subpoena Change of registered agent by entity Merger* Conversion Termination Reinstatement after termination for non-taxation reasons	Officer  (BOC §§ xx.001, 303.001)	General partner(s)  (BOC §§ 153.052, 153.553)	Authorized officeholder, managing director, or fellow member (BOC § 101.0515)	Officer (BOC §§ 302.001, 20.001)	Authorized officer (BOC §§ 251.002, 251.052, 20.001)
   	Reinstatement after tax forfeiture (Tax Code § 171.313)	Stockholder, director, or officer at time of forfeiture	Any partner at time of forfeiture	Officer, manager, or member at time of forfeiture	Member, officer, or manager at time of forfeiture	N/A

   * A certificate of merger may require the signature of a representative of each political party to the merger.

   Limited liability partnership registration and other LLP filings. Must be signed by a majority-in-interest of the partners or by at least one partner authorized by a majority-in-interest, with the exception that an application past a limited partnership to become a limited liability partnership or withdraw a registration must be signed past at least one general partner. BOC §§ 152.802, 152.905, 153.352.

   Filings by a registered agent, including modify of registered agent submitted by the registered agent, rejection of appointment equally registered agent, or registered agent resignation. Must exist signed by the person named as registered agent. BOC §§ iv.001, 5.203, 5.205.

   Authorized signers for foreign entity filings (except LLPs). Authorized signers are determined in accord with the law of the jurisdiction of formation.

2. How should my documents be signed?  Does the form of the signature affair?

   The Office of the Secretary of State is a ministerial filing office, and cannot assist you in determining the appropriate signature format for your state of affairs, but the following general information may exist helpful.  An individual signing on his own behalf, such as a sole proprietor, may simply sign his name and blazon or write his proper name below:

   

   Signing on behalf of an entity requires more caution.  Individuals have been held personally liable for contracts based on the mode they signed them.  A signature block should clearly indicate in what capacity an individual is signing.  On secretarial assistant of country forms, when signing on behalf of an entity, enter the name of the entity at "By."

   

3. Does the signature on my document need to be notarized?

   In most cases, documents submitted to the Secretary of Land for filing are not required to be notarized. The Business concern Organizations Code (BOC) does not crave the notarization of signatures on filing instruments. Nevertheless, documents governed by codes or statutes other than the BOC might demand to be notarized. For case, each organizer of an entity created under certain parts of the Local Government Lawmaking must sign and verify the formation certificate. A verification is formal swearing to or affirming the truth of the statements in a certificate before a notary public or other person authorized to administer oaths. If you are submitting a certificate for an entity created under a code or statute other than the BOC, you should check the requirements of that code or statute to decide whether the certificate needs to be notarized.

   Also note that while assumed name certificates filed with the canton clerk must exist notarized, assumed name certificates that are filed with the secretary of state exercise not need to exist notarized.

Submitting Documents

1. How do I submit my documents to the secretary of state for filing?
2. Does the secretary of country require an "original" document containing a wet ink signature?
3. What is the normal processing fourth dimension for documents?  Is expedited service available?
4. May I file at present and make my filing effective at a later appointment and/or time?

1. How do I submit my documents to the secretary of land for filing?

   Filings may be submitted by the post-obit methods.  If the filing is submitted with an extra copy, upon filing, the extra re-create volition be file-stamped and returned to the submitter with show of filing.  Don't forget to include payment with your documents.

   • Online: SOSDirect (electronic filing of many, but not all, types of documents)
   • Fax: (512) 463-5709
   • Mail: Corporations Section
     P. O. Box 13697
     Austin, Texas 78711-3697
     
   • Commitment: James Earl Rudder Office Building
     1019 Brazos
     Austin, Texas  78701

     Documents sent past courier or Federal Limited should exist sent to the commitment address.

2. Does the secretarial assistant of country require an "original" certificate containing a wet ink signature?

   A moisture ink signature is not required.  Copies and electronically signed documents are accustomed.

3. What is the normal processing time for documents? Is expedited service available?

   The role normally processes not-expedited documents within 5-7 business days. Expedited service is bachelor for an additional $25 per document and expedited documents are generally candy by close of business the first concern day post-obit the engagement of receipt. Please note that these timeframes are estimates and are subject to alter based on staffing, resources, and workload. NOTE: Due to increased need for SOS services, non-expedited documents sent past post or fax are beingness processed inside 50-52 business organization days. Expedited documents sent by mail or fax are being candy inside 10-12 business days. Electronic documents sent through SOSUpload are being processed within 8-x business days. Electronic documents sent through SOSDirect are existence processed within six-8 business organization days.

4. May I file now and make my filing effective at a afterward appointment and/or time?

   Certain filings may be made effective on a appointment and/or time after the engagement of receipt. The delayed effective appointment may be no more than (90) days from the appointment the musical instrument is signed. A time also may exist provided along with the delayed effective date; however, the time may not be specified as midnight, noon, 12:00 a.m. or 12:00 p.m. The fourth dimension provided will always be entered into our figurer organisation using Fundamental Time fifty-fifty if the certificate specifies fourth dimension from another time zone.

   Where permitted, the secretary of country forms explain delayed effectiveness in greater particular. A delayed effectiveness provision must be stated within a document; instructions relating to the effectiveness in a cover letter are bereft.

   Delayed effectiveness is not permitted for:

   1. a reservation of a proper noun,
   2. a registration of a name,
   3. a statement of consequence or fact filing, or
   4. a document of abandonment.

   In add-on, there is no provision in Chapter 71 of the Business & Commerce Code for delayed effectiveness for an causeless name certificates or an abandonment of assumed proper name certificate.

Fees & Payment

1. What is the fee for my filing?
2. What methods of payment are available?  To whom do I make out my cheque?
3. Can I take y'all nib me for the filing fees or pay on an installment program?

1. What is the fee for my filing?

   The Texas Business Organizations Lawmaking sets statutory filing fees.  Fees for filing documents with the secretary of state may be seen in our fee schedule.

2. What methods of payment are available? To whom practice I make out my check?

   Fees may be paid by:
   • Check or coin club payable to the secretary of state through a U.S. Bank or financial institution
   • Credit card (American Express, Discover, MasterCard, or Visa. Credit card payments are field of study to an additional statutory convenience fee of two.7% of amount charged.)
   • LegalEaseSM debit card
   • Prefunded client business relationship
   • Cash (for in-person submissions simply)

3. Can I accept you bill me for the filing fees or pay on an installment programme?

   No.  Neither of these options is available because the Texas Business organization Organizations Lawmaking requires payment of all fees as a condition of filing.  Nosotros cannot file a document unless all fees have been paid.

Copies & Certificates

1. How do I lodge copies or certificates from the secretary of state?
2. How practise I obtain a certificate showing the status of my company?
3. When will I receive my order?
4. Can I get my certificate in color instead of black and white?

1. How practise I order copies or certificates from the secretary of state?
   

   Copies of filed documents or Certificates of Fact may exist ordered:
   • Online using SOSDirect
     Instructions for ordering using SOSDirect
   • By telephone: (512) 463-5578
   • By email: corpcert@sos.texas.gov
   • By mail:
     Certifying Squad
     Secretary of State
     P. O. Box 13697
     Austin, Texas 78711-3697
     

2. How do I obtain a certificate showing the condition of my company?

   Our part can issue a Document of Fact – Status which is the equivalent to a Certificate of Good Standing or Certificate of Existence. For information nigh ordering a Certificate of Fact – Status, come across FAQ #1 above.

   Franchise Tax Account Status is available from the Texas Comptroller of Public Accounts. You may contact the comptroller at (800) 252-1381 for aid too.

3. When will I receive my club?

   SOSDirect Orders: Certificates of Fact and Certified Copies of imaged documents are emailed back within two hours. Yous may print plain copies of imaged documents immediately on SOSDirect. Copies of documents not imaged can take up to three business days. See FAQ #1 for instructions on ordering on SOSDirect. We do not charge an expedite fee for SOSDirect orders.

   Orders not placed on SOSDirect: Certificates of Fact are processed within one business organisation day for regular treatment or two hours for expedite handling. Copies of imaged documents are candy inside i business mean solar day for regular treatment or two hours for expedite handling. Copies of documents not imaged can accept upward to three concern days. At that place is a $10 fee for expedite handling for each Certificate of Fact or Certified Copy request for orders non placed on SOSDirect.

4. Tin can I get my certificate in color instead of blackness and white?

   No. Original certificates issued by the Secretary of Country are electronically generated. Consequently, such original certificates are in black and white without gold or raised seals, and they acquit the electronic signature of the named Secretary of Country. If there is a question about the validity of a certificate, anyone may enter the document number that appears at the bottom of the document in our certificate validation service.

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Source: https://www.sos.state.tx.us/corp/filingandothergeneralfaqs.shtml

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