“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 an organizational designation. 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, 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, dial 7-1-1 for relay services, or e-mail your name inquiry to corpinfo@sos.state.tx. 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, 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 $15. 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, 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.
�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.
�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.
�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.
If the space provided is insufficient, you may include the provisions as an attachment to this form.
2
A. The company has no members, has not received any capital, and has not commenced business. In accordance with Section G of Article 2.23 of the Act, the amendments to the articles of organization were approved by a majority of the initial managers named in the articles of organization.
B. The amendments were approved by all members of the limited liability company in accordance with Section H of Article 2.23 of the Act or as otherwise provided in the articles of organization or the regulations of the company.
