Tex. Business Organizations Code § 5.102
This is the official text of Tex. Business Organizations Code § 5.102, part of Texas’s Business Organizations Code — governs the formation and operation of corporations, LLCs, and partnerships.
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§ 5.102. LIMITATION ON THE RESERVATION OF CERTAIN NAMES.
Official statutory text
(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.
(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.
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