TEXAS SECRETARY of STATE
ROLANDO B. PABLOS

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BUSINESS ORGANIZATIONSóDEFINED TERMS

BUSINESS ORGANIZATIONSóDEFINED TERMS

Associated Entity - An entity that has been a party to a conversion, or merger and/or acquisition transaction involving a Texas corporation, limited liability company, or limited partnership, which has been filed with the secretary of state.

Assumed Name - A name, other than the legal or fictitious name, that a corporation, limited liability company, limited partnership, or registered limited liability partnership does business under and that is filed with the secretary of state under Chapter 71 of the Texas Business & Commerce Code. Also referred to by the public as a "d/b/a."

Assumed Name Entity - A corporation, limited liability company, limited partnership, or registered limited liability partnership that is not organized or filed with the secretary of state, such as a bank or insurance company, but that has filed an assumed name certificate with the secretary of state.

Cancelled - An inactive status applicable to limited partnerships. This status indicates that a Texas or foreign limited partnership has filed a cancellation or has failed to file its periodic report after notice of forfeiture of its rights to do business in Texas.

Consolidated - An inactive status indicating that a Texas nonprofit corporation has been consolidated with one or more other nonprofit corporations.

Converted - An inactive status indicating that the entity has converted into another type of entity or to another jurisdiction of domestication.

Delinquent - An active status indicating that a professional association has failed to submit its annual statement by June 30, and has not yet been involuntarily dissolved.

Duration - Applicable only to certain types of domestic entities. The duration is the established period specified in the formation document for which the entity is authorized to exist. The duration may be perpetual or non-perpetual. If non-perpetual, the duration is expressed either as a date certain (e.g., December 31, 2055) or as a number of years (e.g., 50 years).

Entity Address - For a Texas corporation, this is the address on the public information report. For a foreign entity, this is the address listed in its application of certificate of authority or other similar document as its principal office. For a professional association, this is the address of its principal office. For a limited partnership, this is the address listed as the principal office in the U.S. where records are kept.

Entity Type - Identifies the organizational structure of the business organization or nonprofit association. A domestic entity type is an entity formed/organized under the laws of Texas. A foreign entity type is an entity formed/organized under the laws of a jurisdiction other than Texas.

Expired - An inactive status used to indicate expiration of a domestic corporation or limited liability company having a specified period of duration. Also used to indicate the expiration of the statutory term of duration for a domestic or foreign limited liability partnership registration (12 months), a name reservation (120 days), a name registration (12 months), an assumed name certificate (10 years), or a trademark registration (10 years).

FEIN - The federal employer identification number issued by the Internal Revenue Service. Provision of this information is generally optional.

Fictitious Name - The name a foreign corporation, limited liability company, or limited partnership uses to obtain its certificate of authority/registration when its legal name is not available pursuant to entity name standards. Formerly referred to or known as a foreign entity's "qualifying d/b/a."

Filing History - A listing of all documents filed by or recorded to the entity record. The history includes a document type, a filing date, the location of the document on microfilm, or the image of the document.

Filing Number - The number assigned by the secretary of state when an entity is organized or registered with the secretary of state. A file number is commonly referred to as a "Charter Number." This would be the organizational id number for a registered organization under Revised Article 9.

Foreign Entity Formation Date - Date on which a foreign entity was formed in the jurisdiction of organization.

Forfeited Existence - An inactive status indicating that the corporation or limited liability company failed to file its franchise tax return or to pay the tax due thereunder. Status is changed by secretary of state when certification of the delinquency is received from the comptroller of public accounts.

Forfeited Rights - An active status indicating that a nonprofit corporation or a limited partnership failed to submit its periodic report within 30 days after mailing by the secretary of state, and has not yet been involuntarily dissolved or cancelled.

Inactive - A name status applied to a name that was the last legal or fictitious name in use by an entity before a change in entity status from active [e.g., "in existence"] to inactive [e.g., "forfeited existence," "terminated," "voluntarily dissolved," etc.].

In Existence - An active status indicating that the entity has not dissolved, forfeited its formation document, withdrawn, terminated, merged, converted or otherwise terminated its existence.

In Use - A name status that indicates that the name is the current legal or fictitious name of an active entity.

Involuntarily Dissolved or Involuntarily Terminated - An inactive status indicating that a Texas corporation, professional corporation, professional association or limited liability company was administratively dissolved or terminated for failure to maintain a registered agent, file a report, or pay a fee.

Judicially Dissolved or Judicially Terminated - An inactive status indicating that a Texas entity was dissolved or terminated by a court order.

Jurisdiction - For entities formed/organized outside of Texas, the state or foreign country whose laws govern the formation/organization of the entity.†

Law Repealed - An inactive status indicating that the law applicable to the entity has been repealed. The entity was either required to file under another statute or the records regarding the entity were transferred to another agency that assumed responsibility for maintenance of those records and oversight over the entities transferred. For example, this status applies to trust companies that are now on file with Texas Department of Banking and to foreign bank agencies that were required to file as foreign financial institutions with the adoption of the Banking Code.

Legacy Data - This entry in the filing history record indicates that a document was indexed in the Legacy computer system without specifying the type of document filed.

Legal Name - The name of the entity as shown in its formation document. For example, the legal name of a domestic business corporation is the name contained in its articles of incorporation.

Management - The management tab will include officers and directors for corporations, managers or members for limited liability companies, and general partners for limited partnerships.

Merged - An inactive status indicating that the entity has terminated its existence by merging into another entity.

Names - The names tab includes a history of the legal or fictitious names of the entity.

Name Status - The term used to identify the status of the name retrieved. For example, the status of a entityís legal or fictitious name may be "in use," "inactive," or "prior."

Name Type - The term used to identify the type of name retrieved. Name types include "Legal," "Fictitious," and "Assumed Name."

Non-Profit Sub-Type - A sub-category of non-profit corporation used to describe and identify a non-profit corporation created pursuant to a specific special statute or code to pursue a specialized purpose. Example: An electric cooperative is a non-profit sub-type.

Original Date of Filing - The date the organizational document or registration document applicable to the entity type was filed.

Prior Name - The name status given to a former legal or fictitious name of an entity, whether the status of the entity is active or inactive. For example, a corporation was incorporated on 12/4/1998 as ABC, Inc., changed its name on 3/3/1999 to XYZ, Corp., then voluntarily dissolved on 6/5/2001. The name status of ABC, Inc. would be shown as "Prior" and the name status of "XYZ, Corp." would be "Inactive."

Prior Date - The date the entity was originally formed under a different organizational structure as evidenced by a conversion filed with the secretary of state.

RA Notice Sent - An active status indicating that the registered agent of the entity has resigned and a new registered agent has not been appointed or that an allegation has been made that the entity is not maintaining a registered agent and the entity has been sent notice of the need to name a new agent.

Registered Agent and Office - Agent and address for service of process.

Report Due - An active entity status indicating that a non-profit corporation or a limited partnership has been requested to file a periodic report, or a professional association has been requested to file an annual statement. The due date for the report or statement has not passed.

Revoked - An inactive status indicating the certificate of authority of a foreign corporation has been administratively revoked for failure to maintain a registered agent, file a report or pay a fee.

Service of Process Address - When a corporation or limited liability company has filed a withdrawal of its certificate of authority, the entity designates the secretary of state as its agent for service of process. The entity also designates an address for forwarding process served on the secretary.

Status - This field reflects the status of the entity on the records of the secretary of state. It is not necessarily an indication of whether the entity actively engages in business activity. It will not reflect whether the entity has filed for bankruptcy. There are two status categories: active and inactive. Active status terms include: In Existence, Report Due, RA Notice Sent, Forfeited Rights, and Delinquent. Inactive status terms include: Forfeited Existence, Voluntarily Dissolved or Voluntarily Terminated, Involuntarily Dissolved or Involuntarily Terminated, Judicially Dissolved or Judicially Terminated, Revoked, Expired, Withdrawn, Merged, Converted, Consolidated, Cancelled, Terminated, and Law Repealed.

Tax ID - The eleven digit taxpayer identification number issued by the Texas comptroller of public accounts.

Terminated - An inactive status indicating that a foreign entity has filed notice that its existence has terminated in its jurisdiction of formation.

Voluntarily Dissolved or Voluntarily Terminated - An inactive status indicating that a Texas entity has filed articles of dissolution or a certificate of termination to terminate its existence.

Withdrawn - An inactive status indicating that a foreign entity has surrendered its authority to transact business in Texas by filing an application for withdrawal, or a registered limited liability company has surrendered its registration prior to expiration of its term by filing a notice of withdrawal.

TRADEMARKSóDEFINED TERMS

Abandoned - The inactive status of an application for registration of a trademark that has been voluntarily abandoned by the applicant, or that has been deemed abandoned by the secretary of state due to the applicant's failure to respond to a notice of rejection or the applicant's failure to pay the application processing fee.

Cancelled - The inactive status of a trademark registration that has been voluntarily cancelled by the registrant or judicially cancelled.

Class Code - Identifies the class title or category of the class of the goods or services in connection with which the trademark was registered or was sought to be registered. For example: The class code/category for restaurant services is Miscellaneous. There are a total of 46 classes of goods and services.

Classification Description - A description of the various goods or services that are categorized within the class in which registration was applied for or obtained. The classification description does not describe the specific or particular goods or services in connection with which the displayed trademark was applied for or registered. A description of the specified goods or services may be obtained from a copy of the application for registration.

Date of Expiration - The date on which the trademark registration expired or is set to expire.

Denied - The inactive status of an application for registration that has been denied registration and for which no further action will be taken by the secretary of state.

Design - A word description used by the secretary of state to indicate that the trademark contains or is comprised of a logo or design element. A trademark comprised solely of a logo design is described as "Design" in the Word Description field.

Design Code - The design code is the 6-digit code assigned by the secretary of state to identify the primary design element of a trademark.

Disclaimer - Identifies the word or design elements of a trademark that were disclaimed by the applicant as unregistrable (i.e., descriptive) components of the trademark. The disclaimer does not affect the common law rights of the applicant or the registrant in the disclaimed matter.

Expired - The inactive status of a trademark registration that was not renewed prior to the expiration of its term of registration. A trademark registration is effective for 10 years and may be renewed for an additional 10-year term by filing a renewal prior to the expiration date.

Filing History - An index of the trademark documents filed for record in connection with a registered trademark.

Registrant - In the case of a registered trademark, the term identifies the current owner of record. In the case of an application for registration, the term identifies the applicant for registration. The registrant tab contains only current record information and does not contain a history of the names of prior owners/registrants of the trademark.

Registration Number - The file number assigned to a registered trademark or an application for registration of a trademark.

Trademark Status - The active or inactive status of a trademark registration or an application for registration of a trademark. Active status terms include: "Pending" and "Registered." Inactive status terms include: "Denied," "Abandoned," "Cancelled," "Revoked," and "Expired."

Word Description - A description of the trademark applied for or registered.