Instructions For Form 409 - Articles Of Amendmentfor A Limited Liability Company (Page 2 of 3) in pdf

•

Article 2—Amended Name: This form is designed to provide a standardized amendment form to

effect a change of name for the LLC. If the legal name of the LLC is to be changed, then state the new

name of the LLC in Article 2. Please note that the legal name of the LLC must include an appropriate

organizational ending. If the entity is a general purpose LLC, then the name must include the words

“Limited Liability Company” or “Limited Company” or the abbreviations “L.L.C.”, “LLC”, “LC,”

“L.C.,” or “Ltd. Co.” The word “Company” or the abbreviations “Co.” or “Ltd.” alone are unacceptable

to satisfy the requirement that the name contain a designated ending. If the LLC is a professional

limited liability company, then the name must include the words “Professional Limited Liability

Company” or the abbreviation “PLLC,” or “P.L.L.C.”

The new company name will be checked for availability upon submission of the articles of

amendment. If the new name of the entity is the same as or deceptively similar to, or similar to the

name of an existing corporation, limited partnership, or limited liability company, name reservation or

name registration on file with the secretary of state, then the document cannot be filed. If you wish the

secretary of state to provide a preliminary determination on “name availability,” you may call (512) 463-

5555 or e-mail your name inquiry to corpinfo@sos.state.tx.us. A final determination cannot be made

until the document is received and processed by the secretary of state. Do not make financial

expenditures or execute documents utilizing the name “pre-cleared.”

If the LLC does not seek to make any other changes to its articles of organization, then you may proceed

to Article 5 of this form.

•

Article 3—Changes to Registered Agent and/or Registered Office:

It is unnecessary to

file articles of amendment if the LLC seeks only to change its registered agent or its registered office.

An LLC may file a statement of change of registered agent/registered office pursuant to article 2.06 of

the Texas Limited Liability Company Act for a fee of $10. Form 401 may be used for this purpose.

However, if the LLC is changing its name or making other changes to its articles of organization,

complete Article 3 to effect a change to the registered agent or registered office address of the

corporation. The registered agent can be either: (A) a Texas corporation or other entity, such as a

limited liability company, limited partnership, or partnership organized under the laws of this state, or a

foreign corporation or other foreign entity authorized to transact business in this state; or (B) an

individual resident of the state. The LLC cannot act as its own registered agent.

The registered office address must be an address that is generally open during normal business

hours so that the registered agent may accept service of process. A post office box is not sufficient as a

registered office address unless the registered office is located in a town with a population of less

than 5,000.

If the LLC does not seek to make any other changes to its articles of organization, then you may proceed

to Article 5 of this form.

•

Article 4—Other Provisions to be Altered, Added, or Deleted:

Use the space provided in

Article 4 to make alterations or changes to other provisions in the articles of organization.

Ø If the amendment alters or changes an existing article or provision in the articles of organization,

then you must include an identification of the article number or description of the altered provision

and a statement of the text of the article or provision as it is amended to read.

Ø If the amendment deletes an existing article or provision in its entirety, then include a statement to

that effect and a reference to the article number or provision being deleted.

Ø If the amendment is an addition to the articles of organization, then include a statement of that fact

and the full text of each provision added.

Instructions For Form 409 - Articles Of Amendmentfor A Limited Liability Company Page 2

Related Articles

Related forms

Related Categories