(a) Notice of Resignation. A person appointed by a nonprofit association as its agent authorized to receive service of process may resign as its appointed agent by filing a written notice of resignation with the Secretary of State. The Secretary of State has promulgated a form for this purpose; however, use of such form is not mandatory. The notice of resignation must include the following information:
- (1) the name of the nonprofit association which appointed the person as its authorized agent for service of process;
- (2) the federal tax identification number of the nonprofit association, if applicable;
- (3) a statement that written notice of the resignation was given to the nonprofit association; and
- (4) the last known address of the nonprofit association, and the address to which the resigning agent sent written notice to the nonprofit association, as applicable.
- (b) Execution. A notice of resignation must be executed by the person resigning as the authorized agent for the nonprofit association, or, if the resigning agent is a corporation or other legal or commercial entity, by an officer or other duly authorized representative of the corporation or other legal or commercial entity.
- (c) Fee. There is no fee for filing a notice of resignation.
- (d) Filing. A notice of resignation shall be delivered to the Secretary of State. The Secretary of State will endorse on the notice of resignation the word "filed," and the month, day, and year of the filing, and place the document on record. A letter of acknowledgement shall be delivered to the person resigning as the nonprofit association's appointed agent. A duplicate "file stamped" copy of the notice of resignation will accompany the letter of acknowledgement, provided that a duplicate copy of the document is delivered by the resigning agent for such purpose.
Source Note:The provisions of this §80.24 adopted to be effective November 28, 1995, 20 TexReg 9405.