(a) A governing document or a filing instrument, including a certificate of formation or application for registration, is not considered to have failed to conform to this code if the governing document or filing instrument:
- (1) contains a reference to prior law that was applicable at the time of its filing or adoption;
- (2) contains a provision that was authorized by prior law at the time of its filing or adoption;
- (3) includes a term or phrase described by Section 1.006; or
- (4) includes a term or phrase from prior law that is different from the corresponding term or phrase used in this code.
- (b) A reference in a governing document or filing instrument to a statute or provision of a statute in effect before January 1, 2010, that was repealed by this code is considered to be a reference to the provision or provisions of this code that correspond to the repealed statute or provision unless the governing document or filing instrument expressly provides otherwise.
- (c) An entity is not considered to have failed to comply with this code if a governing document or filing instrument makes a reference to prior law rather than to the corresponding provisions of the prior law in this code.
- (d) For purposes of this section, prior law includes a predecessor statute to the prior law.
Added by Acts 2011, 82nd Leg., R.S., Ch. 139 (S.B. 748), Sec. 62, eff. September 1, 2011.