The secretary of state cannot revoke the filing of a document upon receipt of evidence that the document was fraudulently filed. A criminal proceeding may be brought for a violation of the provisions of Texas Business Corporation Act, Article 10.02; Texas Non-Profit Corporation Act, Article 1396-9.03a; Texas Limited Liability Company Act, Article 9.02; and Texas Revised Partnership Act, §13.08(b)(13), by the appropriate prosecuting authority. Criminal proceedings are not initiated by the secretary of state under these cited provisions.

Source Note:The provisions of this §79.23 adopted to be effective February 18, 1998, 23 TexReg 1528.