Fillable Form 609General Information: (Certificate of Withdrawal of Registration (Texas Secretary of State)

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Form 609General Information: (Certificate of Withdrawal of Registration (Texas Secretary of State)

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Form 609
1
Form 609—General Information
(Certificate of Withdrawal of Registration of a Foreign 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
A foreign limited liability partnership that has ceased to transact business in the state may voluntarily
withdraw its application for registration pursuant to section 152.906 of the Texas Business
Organizations Code (BOC).
Instructions for Form
Items 1—6: Entity Information: The certificate of withdrawal of registration must contain the
legal name of the foreign limited liability partnership, the jurisdiction of formation, the federal
employer identification number, the date of effectiveness of the last application for registration or
renewal of registration, and the principal office address. It is recommended that the file number
assigned by the secretary of state be provided to facilitate processing of the document.
Service of Process: The certificate of withdrawal must indicate that the foreign limited liability
partnership is no longer transacting business in Texas. Further, the certificate must revoke the
authority of the partnership’s registered agent to accept service of process and consent that service of
process may be made on the foreign limited liability partnership by serving the secretary of state. In
addition, the application must set forth the address to which the secretary of state may mail a copy of
any process against the foreign limited liability partnership served on the secretary of state.
Money Due to the State: The certificate of withdrawal of registration must indicate that any money
due or accrued to the state has been paid or that adequate provision has been made for the payment
of the money. Please note that limited liability partnerships are subject to a state franchise tax.
Tax Certificate: A certificate of withdrawal of registration must be accompanied by a certificate of
account status from the Texas Comptroller of Public Accounts indicating that all taxes administered
by the Comptroller under Title 2, Tax Code have been paid and that the entity is in good standing for
the purpose of withdrawal. Please note that the Comptroller issues many different types of
certificates of account status. Do not attach a certificate or print-out obtained from the
Comptroller’s web site as this does not meet statutory requirements. You need to attach form #05-
305, which is obtained directly from a Comptroller of Public Accounts representative.
Requests for certificates or questions on tax status should be directed to the Tax Assistance Section,
Comptroller of Public Accounts, Austin, Texas 78774-0100; (512) 463-4600 or toll-free (800) 252-
1381. You also may contact tax.help@cpa.state.tx.us.
Effectiveness of Filing: A certificate of withdrawal of registration becomes effective when filed by
the secretary of state (option A). However, pursuant to sections 4.052, 4.053, and 152.907 of the
BOC the effectiveness of the instrument may be delayed to a date not more than ninety (90) days
from the date the instrument is signed (option B), but not later than the expiration date of the
partnership’s term of registration.
On the filing of a document with a delayed effective date, the computer records of the secretary of
state will be changed to show the filing of the document, the date of the filing, and the future date on
Form 609
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which the document will be effective. In addition, at the time of such filing, the status of the entity’s
registration will be shown as “withdrawn” on the records of the secretary of state.
Execution: Pursuant to section 152.906 of the BOC, the certificate of withdrawal of registration
must be signed by a majority-in-interest of the partners; or one or more partners authorized by a
majority-in-interest of the partners.
The certificate of withdrawal 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 certificate of withdrawal of registration is
$15. Fees may be paid by personal checks, money orders, LegalEase debit cards, or American
Express, Discover, MasterCard, and Visa 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 appropriate tax certificate and 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 file-stamped copy of the document, if a duplicate copy was provided as
instructed.
Revised 05/11
Form 609
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Form 609
2
This space reserved for office use.
Form 609
(Revised 05/11)
Certificate of Withdrawal
Of Registration of a Foreign
Limited Liability Partnership
Return in duplicate to:
Secretary of State
P.O. Box 13697
Austin, TX 78711-3697
512 463-5555
FAX: 512 463-5709
Filing Fee: $15
Entity Information
1. The name of the foreign limited liability partnership as registered in this state is:
2. The limited liability partnership was formed under the laws of:
Set forth state or foreign country.
3. The effective date of its last registration or renewal of registration is:
mm/dd/yyyy
4. The federal employer identification number is:
5. The file number issued to the entity by the secretary of state is:
6. The address of the principal office of the foreign limited liability partnership is:
Address City State Country Zip Code
Service of Process
The foreign limited liability partnership no longer is transacting business in this state and is
surrendering its authority to transact business in Texas. The foreign limited liability partnership:
(1) revokes the authority of the partnership’s registered agent in this state to accept service of process;
and
(2) consents that service of process in any action, suit, or proceeding stating a cause of action arising
in this state during the time the foreign limited liability partnership was authorized to transact
business in this state may be made on the foreign filing entity by serving the secretary of state.
The address to which the secretary of state may mail a copy of any process against the foreign limited
liability partnership is:
Mailing Address City State
Country Zip Code
Money Due to the State
Any money due or accrued to the state has been paid or adequate provision has been made for the
payment of that money.
Form 609
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Form 609
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Tax Certificate
Attached hereto is a certificate from the comptroller of public accounts that all taxes under Title
2, Tax Code have been paid.
Effectiveness of Filing (Select either A or B.)
A. This document becomes effective when the document is filed by the secretary of state.
B. This document becomes effective at a later date, which is not more than ninety (90) days from
the date of signing. The delayed effective date is:
Date cannot be later than registration’s expiration date.
Execution
The undersigned signs this document subject to the penalties imposed by law for the submission of a
materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is
authorized under the provisions of law governing the entity to execute the filing instrument.
Date:
Signature and title of a majority-in-interest of the partners or
one or more of the partners authorized by a majority-in-interest.
Form 609
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Form 609General Information: (Certificate of Withdrawal of Registration (Texas Secretary of State)

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Completed 29 July 2020

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