Bill Text: TX HB1159 | 2019-2020 | 86th Legislature | Enrolled
Bill Title: Relating to the acknowledgment of a written instrument on behalf of a limited liability company or partnership.
Spectrum: Bipartisan Bill
Status: (Passed) 2019-05-14 - Effective on 9/1/19 [HB1159 Detail]
Download: Texas-2019-HB1159-Enrolled.html
H.B. No. 1159 |
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relating to the acknowledgment of a written instrument on behalf of | ||
a limited liability company or partnership. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 121.006(b), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(b) In an acknowledgment form "acknowledged" means: | ||
(1) in the case of a natural person, that the person | ||
personally appeared before the officer taking the acknowledgment | ||
and acknowledged executing the instrument for the purposes and | ||
consideration expressed in it; | ||
(2) in the case of a person as principal by an | ||
attorney-in-fact for the principal, that the attorney-in-fact | ||
personally appeared before the officer taking the acknowledgment | ||
and that the attorney-in-fact acknowledged executing the | ||
instrument as the act of the principal for the purposes and | ||
consideration expressed in it; | ||
(3) in the case of a partnership by a partner, [ |
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partners, authorized officer, or agent acting for the partnership, | ||
that the partner, [ |
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personally appeared before the officer taking the acknowledgment | ||
and acknowledged executing the instrument in the capacity stated, | ||
as the act of the partnership, for the purposes and consideration | ||
expressed in it; | ||
(4) in the case of a corporation by a corporate officer | ||
or agent, that the corporate officer or agent personally appeared | ||
before the officer taking the acknowledgment and that the corporate | ||
officer or agent acknowledged executing the instrument in the | ||
capacity stated, as the act of the corporation, for the purposes and | ||
consideration expressed in it; [ |
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(5) in the case of a person acknowledging as a public | ||
officer, trustee, executor or administrator of an estate, guardian, | ||
or other representative, that the person personally appeared before | ||
the officer taking the acknowledgment and acknowledged executing | ||
the instrument by proper authority in the capacity stated and for | ||
the purposes and consideration expressed in it; and | ||
(6) in the case of a limited liability company by a | ||
member, manager, authorized officer, or agent acting for the | ||
limited liability company, that the member, manager, authorized | ||
officer, or agent personally appeared before the officer taking the | ||
acknowledgment and acknowledged executing the instrument in the | ||
capacity stated, as the act of the limited liability company, for | ||
the purposes and consideration expressed in it. | ||
SECTION 2. Section 121.008(b), Civil Practice and Remedies | ||
Code, is amended to read as follows: | ||
(b) Short forms for certificates of acknowledgment include: | ||
(1) For a natural person acting in his own right: | ||
State of Texas | ||
County of ____________ | ||
This instrument was acknowledged before me on (date) by | ||
(name or names of person or persons acknowledging). | ||
(Signature of officer) | ||
(Title of officer) | ||
My commission expires: ________ | ||
(2) For a natural person as principal acting by | ||
attorney-in-fact: | ||
State of Texas | ||
County of ____________ | ||
This instrument was acknowledged before me on (date) by | ||
(name of attorney-in-fact) as attorney-in-fact on behalf of (name | ||
of principal). | ||
(Signature of officer) | ||
(Title of officer) | ||
My commission expires: ________ | ||
(3) For a partnership acting by one or more partners, | ||
an authorized officer, or an agent: | ||
State of Texas | ||
County of ____________ | ||
This instrument was acknowledged before me on (date) by | ||
(name of acknowledging partner, [ |
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or agent), (partner(s), authorized officer, or agent) on behalf of | ||
(name of partnership), a partnership. | ||
(Signature of officer) | ||
(Title of officer) | ||
My commission expires: ________ | ||
(4) For a corporation: | ||
State of Texas | ||
County of ____________ | ||
This instrument was acknowledged before me on (date) by | ||
(name of officer), (title of officer) of (name of corporation | ||
acknowledging) a (state of incorporation) corporation, on behalf of | ||
said corporation. | ||
(Signature of officer) | ||
(Title of officer) | ||
My commission expires: ________ | ||
(5) For a public officer, trustee, executor, | ||
administrator, guardian, or other representative: | ||
State of Texas | ||
County of ____________ | ||
This instrument was acknowledged before me on (date) by | ||
(name of representative) as (title of representative) of (name of | ||
entity or person represented). | ||
(Signature of officer) | ||
(Title of officer) | ||
My commission expires: ________ | ||
(6) For a limited liability company: | ||
State of Texas | ||
County of ____________ | ||
This instrument was acknowledged before me on (date) by | ||
(name of acknowledging member, manager, authorized officer, or | ||
agent), a (member, manager, authorized officer, or agent) of (name | ||
of limited liability company) on behalf of (name of limited | ||
liability company), a limited liability company. | ||
(Signature of officer) | ||
(Title of officer) | ||
My commission expires: ________ | ||
SECTION 3. This Act takes effect September 1, 2019. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1159 was passed by the House on April | ||
11, 2019, by the following vote: Yeas 144, Nays 0, 2 present, not | ||
voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1159 was passed by the Senate on May | ||
2, 2019, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
APPROVED: _____________________ | ||
Date | ||
_____________________ | ||
Governor |