Business and Public Filings Division Web Filings Search for entities, people or documents Order...
27
Business and Public Filings Division Web Filings Search for entities, people or documents Order certificates & copies Available 24/7 Electronic Self-Service Business Center
-
Upload
dangelo-dobie -
Category
Documents
-
view
213 -
download
0
Transcript of Business and Public Filings Division Web Filings Search for entities, people or documents Order...
Business and Public Filings
Division
Web FilingsSearch for entities, people or
documentsOrder certificates & copies
Available 24/7
Electronic Self-Service Business Center
Business and Public Filings
Division
Automates many revenue functions; Eliminates manual entry of document information reducing government costs and increasing efficiency; and Expedites receipt of filed or rejected document or fulfillment of copies/certificate requests by using email notification.
Electronic Self-Service Business Center
Business and Public Filings
Division
Subscription Service--$1.00 per search.
Fee waived if order placed in connection with search results or search function used during entry of a web filing.
Electronic Self-Service Business Center
Business and Public Filings
Division
To file documents you must be a regular subscriber.
Required Software: Adobe Acrobat Reader 4.0 or better and unzip utility such as WinZip 7.0 or better.
If a Spam filtering service is used, make sure that [email protected] is allowed through without being filtered to ensure delivery of emails containing notification regarding documents/orders.
Electronic Self-Service Business Center
Business and Public Filings
Division
Expedite Service Without the Expedite Fee! Response by Close of Next Business Day for Filings 2 Hour Response for Certificates of Fact Plain or Certified Copies Within 4 Business Days
Online Name Reservations Are Recommended!! Filing dates not restricted by 5:00 p.m.
Where else can you receive…
Business and Public Filings
Division
Initial Filings (Formation Documents & Registrations)• Name reservations • Name registrations• Formation filings (domestic & foreign entities)• LLP registrations
Available Filings
Business and Public Filings
Division
Assumed name certificatesChange to registered agent/officeDissolutions, cancellations, & withdrawal of domestic & foreign entitiesTax forfeiture reinstatementsPA’s annual statements, nonprofit and LP periodic reportsName change amendments (business corp. & PC only)
Available Change Filings
Business and Public Filings
Division
Business and Public Filings
Division
Business and Public Filings
Division
Business and Public Filings
Division
Name Availability Issues
Increasingly difficult to find an available name.
Failure to meet entity name standards is the most common reason for rejection.
There are statutory, as well as, administrative requirements.
Recent upgrade to SOS search program should enhance your name availability searches on the web.
Business and Public Filings
Division
Name AvailabilityNames Cannot Be:
Same as another entity name;
Deceptively similar to another entity name; or
Similar to another entity name without the previously
filed entity’s consent.
Business and Public Filings
Division
Name Availability Issues
Names that are the same or deceptively similar cannot be filed even if the entities are related or affiliated companies.
E.g., IT Ventures, Inc. vs. IT Ventures, LP
Letters of consent are allowed for entity names that are similar. E.g., IT Ventures, LLC vs. IT Venture Partners, Ltd.
A letter of consent should be unequivocal and unconditional.
Letters of Consent
Business and Public Filings
Division
Name Availability
That the SOS has reviewed state registered trademarks, federal trademarks, or assumed name filings when determining “availability” of an entity name.
That your interpretation of an SOSDirect search of an entity name means that the name is available and that the document will be filed.
Do Not Assume...
Business and Public Filings
Division
Name Availability
That the filing of the name by the SOS gives the business entity the right to use of the name. BOC, current law, and common law provide that:
• The issuance of the certificate does not authorize use of the name in violation of the rights of another under the federal Trademark Act, the Texas Trademark Act, the Assumed Business or Professional Name Act, or the common law.
Do Not Assume...
Business and Public Filings
Division
Reminder
All name availability determinations provided by telephone or by email are preliminary!
Do not enter into contracts or initiate regulatory filings based on a preliminary name availability determination.
Business and Public Filings
Division
Name Availability
Texas Administrative Code may be found on our web site at
www.sos.state.tx.us under the Texas Register icon.
The rules are contained in Title 1, Part 4, Chapter 79,
Sections 79.30-79.54 of the Texas Administrative Code.
End of Year Filings and BOC
Business and Public Filings Division
End of Year Filings and BOC
Business and Public Filings Division
Prior law will govern formation filings received and accepted for filing on or before December 31, 2005.
BOC will govern formation filings received on or after January 1, 2006.
End of Year Filings and BOC
Business and Public Filings Division
Date of receipt by the SOS rather than date of execution or date of mailing will control whether prior law or BOC will apply to formation document.
A rejected document will receive a new date of receipt on its resubmission.
REMINDER:
LLC filing fees will increase 1/1/06.
End of Year Filings and BOC
Business and Public Filings Division
If you wish to ensure that your formation filing is governed by prior law:
Use an assured delivery method;
File through SOSDirect before 5 p.m. December 31, 2005, if possible; or
File early and use delayed effective provisions.
End of Year Filings--Caveats
Business and Public Filings Division
Entities created with a delayed effective date of January 1, 2006 or later will be subject to BOC provisions.
Conversions submitted with a delayed effective date of January 1, 2006 or later:
BOC will apply to converted entity. BOC applies to filing fee associated with conversion and formation.
End of Year Filings--Caveats
Business and Public Filings Division
Mergers submitted with a delayed effective date of January 1, 2006 or later:
BOC will apply to any new domestic filing entity created by the plan of merger.
BOC formation fee for each domestic filing entity created by the plan of merger must be included in filing fee.
Tips on Doing Business with SOS
Business and Public Filings Division
Include a cover letter with a daytime telephone number or cell phone number.
When in doubt of fees or procedures, please call.
Use SOSDirect for services and filings, if feasible. www.sos.state.tx.us
Tips on Doing Business with SOS
Business and Public Filings Division
Send separate checks when submitting multiple documents.
Provide evidence of prior name reservation when submitting corresponding instrument.
SIGN THE DOCUMENT--We do not accept documents with conforming signatures.
Don’t ask legal staff to waive a statutory requirement.
Need Help? Contact the SOS
Business and Public Filings Division
•E-mail your problem, question, or concerns, if lengthy.
•[email protected] availability questions•[email protected] questions•E-mail naming convention: [email protected]
•If you have a spam filter be sure to allow acceptance of SOS e-mails.
Need Help? Contact the SOS
Business and Public Filings Division
If you leave a voice-mail message for one of the attorneys, please repeat your name & telephone numbers—clearly and slowly.
Robert Sumners (512) 463-5590Mike Powell(512) 463-9856Nahdiah Hoang(512) 475-0218
