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

If the space provided is insufficient, you may include the provisions as an attachment to this form.

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Articles 5 and 6—Date of Adoption and Statement of Approval: Provide the date on which the

amendment was approved by the members or by the managers of the LLC, as applicable. In accordance

with article 3.06, indicate the manner in which the amendment was approved by checking the

appropriate box in Article 6.

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Effective Date: Articles of amendment become effective as of the date of filing by the secretary of

state. However, pursuant to Article 9.03 of the Texas Limited Liability Company Act, the effectiveness

of the articles of amendment may be delayed as of a date not more than ninety (90) days from the date of

filing with the secretary of state. Please note that upon the filing of a document with a delayed effective

date, the computer records of the secretary of state will be changed to show the filing of the document,

the date of the filing, and the future date on which the document will be effective. In addition, in the

case of a name change amendment, the name status of the entity’s former name will be shown as “prior”

and the name status of the entity’s new name will be shown as “in use” on the records of the secretary of

state at the time that the document is filed by the secretary of state.

Execution: If the amendment was approved in accordance with article 2.23G (no capital paid in and no

business commenced), then the articles of amendment would be signed by all persons approving the

amendment. (Either a majority of the initial managers, if no members, or a majority of the initial

managing members if member-managed.) If the LLC commenced business or received capital, then an

authorized manager or managing-member, as applicable, would sign the document. Prior to signing, the

authorized person(s) should read the statements contained in the document carefully. A person commits

an offense under the Texas Limited Liability Company Act if the person signs a document the person

knows is false in any material respect with the intent that the document be delivered to the secretary of

state for filing. The offense is a Class A misdemeanor.

Payment and Delivery Instructions: The filing fee is $100. Personal checks and MasterCard,

Visa, and Discover credit cards are accepted in payment of the filing fee. Checks or money orders must

be payable through a U.S. bank or financial institution and made payable to the secretary of state. Fees

paid by credit card are subject to a statutorily authorized convenience fee of 2.1% of the total fees.

The delivery address is James Earl Rudder Office Building, 1019 Brazos, Austin, Texas 78701.

The mailing address is noted on the sample form. Upon filing the document, the secretary of state will

return the appropriate evidence of filing and a file stamped copy of the document, if a duplicate copy

was provided for such purpose, to the submitter. The telephone number is (512) 463-5555, TDD: (800)

735-2989, FAX: (512) 463-5709. If you transmit your document by fax, then you must provide your

credit card information with the transmission (Form 807).

Form 409

Rev. (09/03)

Instructions For Form 409 - Articles Of Amendmentfor A Limited Liability Company Page 3