Form 703--General Information (Renewal of Registration of a Limited Liability Partnership)
The attached form is designed 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 and tax specialist.
Commentary The registration of a limited liability partnership is effective until the first anniversary of the date of registration or a later effective date. An effective registration may be renewed before its expiration by filing an application for renewal with the secretary of state. A renewal application continues an effective registration for one year after the date the registration would otherwise expire. If a renewal application is not filed prior to the expiration of the registration, a new registration is required. There is no statutory provision permitting renewal after expiration. The secretary of state is not required to send renewal notices to limited liability partnerships. Failure of the secretary of state to send notices or failure of a registrant to receive a notice does not extend the term of registration. Insurance or Financial Responsibility: In accordance with section 152.804 of the Texas Business Organizations Code (BOC), a limited liability partnership must carry at least $100,000 of liability insurance. Alternatively, the partnership may specifically designate and set aside $100,000 for the satisfaction of judgments against the partnership in the manner provided by section 152.804(a)(2). Evidence of compliance with this requirement is not provided to the secretary of state and the secretary of state does not verify compliance with this requirement. Instructions for Form
Item 1--Entity Name: Set forth the name of the partnership as currently shown on the records of the secretary of state. The name must include the phrase "limited liability partnership" or an abbreviation of that phrase. If the partnership is a limited partnership, the name must comply with the requirements of section 5.055(a) of the BOC, and also must contain the phrase "limited liability partnership" or "limited liability limited partnership" or an abbreviation of one of those phrases. The secretary of state does not review the name of the partnership, or a change of name of the partnership, to determine whether the name conforms with the entity name availability rules. Item 2--Underlying Partnership: Indicate whether the partnership is a general partnership or limited partnership by checking the applicable box in item 2. An association of two or more persons to carry on a business for profit as owners creates a partnership. A limited partnership is a partnership that has one or more general partners and one or more limited partners. The application for registration as a limited liability partnership does not create a limited partnership. The creation of a limited partnership requires the filing of a certificate of formation (Form 207) with the secretary of state. If the partnership is a limited partnership, provide the date of filing of the certificate of formation and the file number assigned by the secretary of state. If you are unsure of the date of filing and file number, you may call (512) 463-5555 or e-mail your inquiry to [email protected] The secretary of state will not accept an application for renewal of a limited liability partnership that states that the renewal is made on behalf of a limited partnership if a certificate of formation for the underlying partnership has not been filed. If the partnership has not
filed a certificate of limited partnership with the secretary of state, the partnership is a general partnership.
Item 3--Most Recent Date of Registration: Provide the date of the most recent limited liability partnership registration or renewal of registration and the file number assigned by the secretary of state to that registration or renewal. Item 4--Federal Employer Identification Number: If the partnership has obtained a federal employer identification number (FEIN), enter the 9-digit number assigned to the partnership by the Internal Revenue Service (IRS) in the field provided. Enter the number without punctuation, that is, stripped of any hyphens (e.g.,123456789). If the partnership has not obtained a FEIN at this time, check the appropriate statement and leave the field blank. Item 5--Number of Partners: Provide the number of partners in the partnership. In the context of the provisions of subchapter J of chapter 152, the term "partners" refers to general partners only in a limited partnership registering as a limited liability partnership (BOC § 153.352). The filing fee will be calculated by multiplying the number of partners enumerated in the registration by $200 per partner. Item 6--Principal Office: Set forth the street or mailing address of the principal office of the partnership. The address may be inside or outside of Texas as applicable. Item 7--Statement of Partnership's Business: Set forth a brief statement of the partnership's business. Execution: For a general partnership, the renewal must be signed by a majority-in-interest of the partners, or by one or more partners authorized by a majority-in-interest of the partners. For a limited partnership, any general partner may sign. The renewal need not be notarized. However, before signing, please read the statements on this form carefully. 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.
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Payment and Delivery Instructions: The filing fee for renewal is $200 per general partner. To calculate the filing fee multiple the number of partners stated in the renewal by $200. Fees may be paid by personal checks, money orders, LegalEase debit cards, or MasterCard, Visa, and Discover credit cards. 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 2.7 percent of the total fees. Submit the completed form in duplicate along with the filing fee. The form may be mailed to P.O. Box 13697, Austin, Texas 78711-3697; faxed to (512) 463-5709; or delivered to the James Earl Rudder Office Building, 1019 Brazos, Austin, Texas 78701. If a document is transmitted by fax, credit card information must accompany the transmission (Form 807). On filing the document, the secretary of state will return the appropriate evidence of filing to the submitter together with a filestamped copy of the document, if a duplicate copy was provided as instructed.
Form 703 (Revised 3/09) Return in duplicate to: Secretary of State P.O. Box 13697 Austin, TX 78711-3697 512 463-5555 FAX: 512 463-5709 Filing Fee: See instructions
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Renewal of Registration of a Limited Liability Partnership
Entity Information 1. The name of the partnership is:
2. The organizational form of the partnership is:
If limited partnership is checked, provide the date of filing of the certificate of formation and the file number assigned by the secretary of state:
Date of Filing (mm/dd/yyyy) SOS File Number
3. The most recent date of limited liability partnership registration is: The SOS file number assigned to the registration is: 4. The federal employer identification number of the partnership is: The partnership has not obtained a federal employer identification number at this time. Number of Partners 5. The number of general partners at the date of the renewal application is:
The number of general partners in a general partnership must be at least two.
Principal Office 6. The address of the partnership's principal office in this state or outside of this state, as applicable, is:
Street or Mailing Address
Statement of Partnership's Business 7. The partnership's business is:
Execution The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument. Date: Signature:
For a general partnership, the renewal must be signed by a majority-in-interest of the partners, or by one or more partners authorized by a majority-in-interest of the partners. For a limited partnership, any general partner may sign.