Business Organizations Code § 3.001

Sec. 3.001. FORMATION AND EXISTENCE OF FILING ENTITIES. (a) Subject to the other provisions of this code, to form a filing entity, a certificate of formation complying with Sections 3.003, 3.004, and 3.005 must be filed in accordance with Chapter 4. (b) The filing of a certificate of formation described by Subsection (a) may be included in a filing under Chapter 10. (c) The existence of a filing entity commences when the filing of the certificate of formation takes effect as provided by Chapter 4. (d) Except in a proceeding by the state to terminate the existence of a filing entity, an acknowledgment of the filing of a certificate of formation issued by the filing officer is conclusive evidence of: (1) the formation and existence of the filing entity; (2) the satisfaction of all conditions precedent to the formation of the filing entity; and (3) the authority of the filing entity to transact business in this state. Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.