1. (a) Contents. Pursuant to the Texas Business Corporation Act, Article 10.03; the Texas Revised Limited Partnership Act, Section 2.12; the Texas Limited Liability Company Act, Article 9.03; or the Texas Non-Profit Corporation Act, Article 1396-10.07, when a condition triggering the effectiveness of a document filing has been satisfied or waived, a statement regarding the delayed effective condition must be submitted to the secretary of state. Such statement must contain the following information:

   1. (1) the name of the business entity;
   2. (2) the charter or file number of the entity;
   3. (3) the document to which the statement applies;
   4. (4) the date of filing of the document to which the statement applies;
   5. (5) the date on which the condition was satisfied or waived; and
   6. (6) the signature required by the Texas Business Corporation Act, Article 10.03; the Texas Revised Limited Partnership Act, Section 2.12; the Texas Limited Liability Company Act, Article 9.03; or the Texas Non-Profit Corporation Act, Article 1396-10.07.
2. (b) Timeliness. Pursuant to the Texas Business Corporation Act, Article 10.03; the Texas Revised Limited Partnership Act, Section 2.12; the Texas Limited Liability Company Act, Article 9.03; or the Texas Non-Profit Corporation Act, Article 1396-10.07, the statement regarding the delayed effective condition should be filed in the Office of the Secretary of State by the date of the 90th day from the date of filing as defined in §79.71 of this title (relating to Determining the Date of the 90th Day after the Date of Filing). Statements regarding the delayed effective condition received after the date of the 90th day from the date of filing will be filed for record; however, the secretary of state will not determine substantial compliance with the provisions of the statutes referenced in this section.

Source Note:The provisions of this §79.72 adopted to be effective February 18, 1998, 23 TexReg 1529.