Texas Form 509 PDF Details

In the landscape of business operations and legal documentation within Texas, the Form 509 holds a crucial role, particularly when it comes to the naming conventions of entities and businesses. This form serves as a formal consent for the use of a name that is similar to an existing one, provided that the current holder of the name agrees in writing, as stipulated by the Texas Business Organizations Code § 5.053. It encompasses a broad array of existing names, including those of active Texas entities, foreign entities operating in Texas, and even reserved or registered names. Its primary function is to facilitate the filing of new entities or foreign entities wanting to operate in Texas under a name that is already in use, albeit with the original holder's consent. Notably, the form stipulates that consent for a similar name does not override trademark laws or common law rights, emphasizing the need for due diligence and legal consultation. Furthermore, the form is explicit in its warning that once consent is filed with the secretary of state, it cannot be retracted, highlighting the importance of careful consideration before submitting this document. Additionally, the instructions within the form caution about the legal repercussions of submitting false information. This narrative underscores not just the procedural aspects of Form 509 but also hints at the broader implications of name selection and consent in the business environment of Texas.

QuestionAnswer
Form NameTexas Form 509
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesdeceptively, Texas, materially, tac

Form Preview Example

General Information

(Consent to Use of Similar Name)

The attached form is drafted to meet minimal statutory filing requirements pursuant to the relevant code provisions. This form and the information provided are not substitutes for the advice and services of an attorney.

Commentary

A proposed name for an entity can be similar to an existing name only if the holder of the existing name consents in writing. Tex. Bus. Orgs. Code § 5.053. Existing names include the names of active Texas filing entities, the names and fictitious names of active registered foreign filing entities, reserved names, and registered names.

This form can be used by the holder of an existing name to consent to the use of a similar name as the name of a filing entity or foreign filing entity for the purpose of submitting a filing instrument to the secretary of state. Use of this form is permissive. Consent can be given in any written format. A proposed name cannot be “the same as” or “deceptively similar to” an existing name, even if the holder of the existing name consents.

The holder of an existing name is not required to give consent. Consent does not authorize the use of a name in Texas in violation of a right of another under the Trademark Act of 1946, as amended (15 U.S.C. Section 1051 et seq.); Chapter 16 or 71, Business & Commerce Code; or common law. The secretary of state does not enforce these rights. Once the secretary of state files an instrument based on written consent to the use of a similar name, consent cannot be withdrawn. The secretary of state cannot enforce any private agreements or conditions the parties may have entered into regarding consent to use of the similar name. Questions about consent should be addressed to a private attorney.

Texas Administrative Code, title 1, part 4, chapter 79, subchapter C sets out the rules for determining whether names are the same, deceptively similar, or similar. These rules may be viewed at http://www.sos.state.tx.us/tac/index.shtml.

Instructions for Form

Item 1: Enter the name of the entity or individual who holds the existing name.

Item 2: Enter the proposed name.

Execution: The form must be signed on behalf of the person who holds the existing name. If the existing name is held by an entity, an individual who is authorized to act on behalf of the entity must sign the form.

A person commits an offense under section 4.008 of the BOC if the person signs or directs the filing of a filing instrument the person knows is materially false with the intent that the instrument be delivered to the secretary of state for filing. The offense is a Class A misdemeanor unless the person’s intent is to harm or defraud another, in which case the offense is a state jail felony.

Submission: Submit the form with the relevant filing instrument. Do not submit separately from the relevant filing instrument. If written consent is not submitted with the relevant filing instrument, the secretary of state will not be able to take the consent into consideration.

Revised 12/10

Form 509

1

Form 509 (Revised 12/10)

Submit with relevant filing instrument.

Filing Fee: None

Consent to Use of Similar Name

(1)

Name of the entity or individual who holds the existing name on file with the secretary of state

consents to the use of

(2)

Proposed name

as the name of a filing entity or foreign filing entity in Texas for the purpose of submitting a filing instrument to the secretary of state. This consent does not authorize the use of the similar name in violation of a right of another under the Trademark Act of 1946, as amended (15 U.S.C. Section 1051 et seq.); Chapter 16 or 71, Business & Commerce Code; or common law.

(3)The undersigned certifies to being authorized by the holder of the existing name to give this consent. The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument.

Date:

By:

Name of existing entity, if any (type or print)

File number of existing entity, if any

Signature of Authorized Person

Name of Authorized Person (type or print)

Title of Authorized Person, if any (type or print)

Form 509

2

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This form will require particular information to be filled out, hence you must take the time to type in what's requested:

1. It is very important fill out the materially accurately, so pay close attention while filling in the sections including these blank fields:

tx conclusion process detailed (step 1)

2. Soon after filling in the last part, go on to the subsequent step and enter the essential details in these fields - Name of the entity or individual, consents to the use of, Proposed name, as the name of a filing entity or, The undersigned certifies to, and consent The undersigned signs this.

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A lot of people often get some points incorrect while filling out consents to the use of in this area. Ensure that you revise everything you type in right here.

3. Within this step, take a look at Date, Name of existing entity if any, File number of existing entity if, Signature of Authorized Person, Name of Authorized Person type or, Title of Authorized Person if any, and Form. All of these will have to be completed with greatest focus on detail.

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