Form 709--General Information (Cancellation of Appointment of Agent)
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 and tax specialist.
Commentary This form has been promulgated to comply with the provisions of the Texas Business Organizations Code (BOC) as well as other applicable law regarding the cancellation of the appointment of an agent authorized to receive service of process on behalf of a Texas financial institution under section 201.103 of the Texas Finance Code, an unincorporated nonprofit association under section 252.011 of the Texas Business Organizations Code, and a defense base development authority under section 378.004(b) of the Texas Local Government Code. Instructions for Form
Entity Information: The resignation must state the name of the entity, the date the appointment of agent was filed with the secretary of state, the file number assigned by the secretary of state to the entity, the federal employer identification number of the entity, the type of entity, and the statute under which the appointment is made, and the current address of the entity. Cancellation of Appointment: This section states that the entity is canceling the authority of the appointed agent to accept service of process on behalf of the entity. Execution: Texas Financial Institution and Defense Base Development Authority The appointment of agent for service of process filed by a Texas financial institution must be signed by an authorized officer of the financial institution or defense base development authority. Unincorporated Nonprofit Association The appointment of agent for service of process filed by an unincorporated nonprofit association must be signed by a person authorized to manage the affairs of the nonprofit association. The cancellation 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.
Payment and Delivery Instructions : The filing fee for a cancellation by a Texas financial institution or an unincorporated nonprofit association is $5. There is no fee for the cancellation of an appointment by a defense base development authority. 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 709 (Revised 01/06) 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
This space reserved for office use.
Cancellation of Appointment Of Agent
The entity named below desires to cancel the previously filed appointment of agent authorized to
receive service of process.
The name of the entity is:
The appointment of agent was filed with the secretary of state on: The file number assigned by the secretary of state to the entity is: The federal employer identification number of the entity is: The entity is: (Choose only one.) A Texas financial institution filing pursuant to section 201.103, Texas Finance Code. An unincorporated nonprofit association filing pursuant to section 252.011, Texas Business Organizations Code. A defense base development authority filing pursuant to section 378.004(b), Texas Local Government Code. The address of the entity is:
Address City State Country Zip Code
Cancellation of Appointment
The entity submits this cancellation of appointment and cancels the authority of the appointed agent to accept service of process on behalf of the entity.
The undersigned signs this document subject to the penalties imposed by law for the submission of a materially false or fraudulent instrument. Date:
Signature of authorized person (see instructions).