1. (a) A proposed name which is deemed to be similar requiring letter of consent cannot be filed without a letter of consent. No waiver of a required letter of consent will be allowed even though it may appear that the existing entity is not actively engaged in business, is about to change its name, be dissolved, forfeited, or merged out of existence.
2. (b) The letter of consent must accompany the document to which the consent relates at the time of submission.
3. (c) Upon the simultaneous submission of documents relating to the formation of two or more related entities, consent for the use of a name that would be considered similar requiring consent will be implied. Example: No letter of consent is required for the simultaneous formation of ABC Ventures, Ltd., a Texas limited partnership, and its general partner, ABC Ventures GP, LLC.
4. (d) If proposed entity name conflicts with more than one entity name, the secretary of state will request that the letter of consent be obtained from the entity with the longest continuous use of the entity name as determined by the records of the secretary of state.

Source Note:The provisions of this §79.41 adopted to be effective January 1, 1976; amended to be effective September 15, 1981, 6 TexReg 3249; amended to be effective January 2, 1992, 16 TexReg 7469; amended to be effective October 20, 2004, 29 TexReg 9671.