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1 Chapter 32 H.B. No. 1159 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AN ACT relating to the acknowledgment of a written instrument on behalf of a limited liability company or partnership. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 121.006(b), Civil Practice and Remedies Cod e, is am end ed tor ead as f 0 110 w s : (b) In an acknowledgment form" acknowledged" means: (1) in the case of a natural person, that the person personally appeared before the officer taking the acknowledgment and acknowledged executing the instrument for the purposes and consideration expressed in it; (2) in the case of a person as principal by an attorney-in-fact for the principal, that the attorney-in-fact personally appeared before the officer taking the acknowledgment and that the attorney-in-fact acknowledged executing the instrument as the act of the pr incipal for the purposes and consideration expressed in it; (3) in the case of a partnership by a partner [~] L partners, authorized officer, or agent acting for the partnership, that the p a r t n erj [~] partners, authorized officer, or agent personally appeared before the officer taking the acknowledgment and acknowledged executing the instrument in the capacity stated, as the act of the partnershipL for the purposes and consideration expressed in it;

Chapter 32 · 2019. 9. 1. · f cor porat ion acknowledging) a (state of incorporation) corporation, on behalf of said corpor at ion. (Signature of off icer) (Title of officer) My

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Page 1: Chapter 32 · 2019. 9. 1. · f cor porat ion acknowledging) a (state of incorporation) corporation, on behalf of said corpor at ion. (Signature of off icer) (Title of officer) My

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Chapter 32

H.B. No. 1159

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AN ACT

relating to the acknowledgment of a written instrument on behalf of

a limited liability company or partnership.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 121.006(b), Civil Practice and Remedies

Cod e, is am end ed tor ead as f0 110 w s :

(b) In an acknowledgment form" acknowledged" means:

(1) in the case of a natural person, that the person

personally appeared before the officer taking the acknowledgment

and acknowledged executing the instrument for the purposes and

consideration expressed in it;

(2) in the case of a person as principal by an

attorney-in-fact for the principal, that the attorney-in-fact

personally appeared before the officer taking the acknowledgment

and that the attorney-in-fact acknowledged executing the

instrument as the act of the pr incipal for the purposes and

consideration expressed in it;

(3) in the case of a partnership by a partner [~] Lpartners, authorized officer, or agent acting for the partnership,

that the p a rtn erj [~] partners, authorized officer, or agent

personally appeared before the officer taking the acknowledgment

and acknowledged executing the instrument in the capacity stated,

as the act of the partnershipL for the purposes and consideration

expressed in it;

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H.B. No. 1159

(4) in the case of a corporation by a corporate officer

or agent, that the corporate officer or agent personally appeared

before the officer taking the acknowledgment and that the corporate

officer or agent acknowledged executing the instrument In the

capacity stated, as the act of the corporation, for the purposes and

consideration expressed in it; [.aM]

(5) in the case of a person acknowledging as a public

officer, trustee, executor or administrator of an estate, guardian,

or other representative, that the person personally appeared before

the officer taking the acknowledgment and acknowledged executing

the instrument by proper authority in the capacity stated and for

the purposes and consideration expressed in it; and

(6) in the case of a limited liability company by a

member, manager, authorized officer, or agent acting for the

limited liability company, that the member, manager, authorized

officer, or agent personally appeared before the officer taking the

acknowledgment and acknowledged executing the instrument in the

capacity stated, as the act of the limited liability company, for

the purposes and consideration expressed in it.

SECTION 2. Section 121.008(b), Civil Practice and Remedies

Code, is amended to read as follows:

(b) Short forms for certificates of acknowledgment include:

(1) For a natur al per son act ing in his own right:

State of Texas

County of _

This instrument was acknowledged before me on (date) by

(name or names of per son or per sons acknowledging) .

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H.B. No. 1159

(Signature of officer)

(Title of officer)

My commission exp i r e s :

(2) For a natural person as principal acting by

attorney-in-fact:

State of Texas

County of _

This instrument was acknowledged before me on (date) by

(name of attorney-in-fact) as attorney-in-fact on behalf of (name

of pr inc ipal) .

(Signature of officer)

(Title of officer)

My commission exp i r e s :

(3) For a partnership acting by one or more partnersL

an author ized officer, or an agent:

State of Texas

County of _

This instrument was acknowledged before me on (date) by

(name of acknowledging partner [~] L partners, authorized officer,

or agent), lpartner(s), authorized officer, or agent) on behalf of

(name of partner ship), a partner ship.

(Signature of officer)

(Title of officer)

My commission expires:

(4) For a corporation:

State of Texas

County of _

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H.B. No. 1159

This instrument was acknowledged before me on (date) by

(name 0 f 0 f f ice r ), (tit 1e 0 f 0 f f ice r ) 0 f (name 0 f cor po rat ion

acknowledging) a (state of incorporation) corporation, on behalf of

said corpor at ion.

(Signature of off icer)

(Title of officer)

My commission expires:

(5) For a public off icer , trustee, executor,

administrator, guardian, or other representative:

State of Texas

County of _

This instrument was acknowledged before me on (date) by

(name of representative) as (title of representative) of (name of

entity or person represented).

(Signature of off icer)

(Title of officer)

My commission expires:

(6) For a limited liability company:

State of Texas

~C~o~u~n~t~y~o~f~=============

This instrument was acknowledged before me on (date) by

(name of acknowledging member, manager, authorized officer, or

agent), a (member, manager, authorized officer, or agent) of (name

of limited liability company) on behalf of (name of limited

liability company), a limited liability company.

(Signature of officer)

(Title of officer)

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Page 5: Chapter 32 · 2019. 9. 1. · f cor porat ion acknowledging) a (state of incorporation) corporation, on behalf of said corpor at ion. (Signature of off icer) (Title of officer) My

H.B. No. 1159

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My commission expires:

SECTION 3. This Act takes effect September 1, 2019.

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H.B. No. 1159

the Senate Speaker of the House

I certify that H.B. No. 1159 was passed by the House on April

11, 2019, by the following vote: 2 present, not

voting.

Chief Clerk of the Hou

I certify that H.B. No. 1159 was passed by the Senate on May

2, 2019, by the following vote:

APPROVED:

Date

FILED IN THE OFFICE OF THE SEC~ETARY OF STATE tiillm., ~1fMH-

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