Tex. Business Organizations Code § 402.004
This is the official text of Tex. Business Organizations Code § 402.004, part of Texas’s Business Organizations Code — governs the formation and operation of corporations, LLCs, and partnerships.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 402.004. EARLY ADOPTION OF CODE BY REGISTERED FOREIGN FILING ENTITY.
Official statutory text
(a) A foreign filing entity registered with the secretary of state to transact business in this state before the effective date of this code may voluntarily elect to adopt and become subject to this code by filing with the secretary of state in accordance with Chapter 4:
(1) a statement that the foreign filing entity is electing to adopt this code; and
(2) an amendment to its application for registration that would cause its application for registration to comply with this code.
(b) A foreign filing entity that elected to adopt and become subject to this code as provided by Subsection (a) is not considered to have failed to comply with Subsection (a)(2) because:
(1) the application for registration or any amendment to the registration:
(A) does not state the entity's type; or
(B) does not include the appointment of the secretary of state as agent for service of process under the circumstances provided by Section 5.251; or
(2) a circumstance described by Section 402.0051 applies.
(1) a statement that the foreign filing entity is electing to adopt this code; and
(2) an amendment to its application for registration that would cause its application for registration to comply with this code.
(b) A foreign filing entity that elected to adopt and become subject to this code as provided by Subsection (a) is not considered to have failed to comply with Subsection (a)(2) because:
(1) the application for registration or any amendment to the registration:
(A) does not state the entity's type; or
(B) does not include the appointment of the secretary of state as agent for service of process under the circumstances provided by Section 5.251; or
(2) a circumstance described by Section 402.0051 applies.
Status: in_force · Read it on the official government site
Dealing with a business matter in Texas?
See all Texas Business lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.