Fillable Form 706General Information: (Appointment of Statutory Agent) Commentary (Texas Secretary of State)

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Form 706General Information: (Appointment of Statutory Agent) Commentary (Texas Secretary of State)

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Form 706
1
Form 706—General Information
(Appointment of Statutory 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 a statement of appointment of a statutory 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 379B.004(b) of
the Texas Local Government Code.
The entity making the appointment may file with the secretary of state an amendment to the appointment
to name a new agent, change the agent’s address, or add or change a federal employer identification
number. The entity also may file with the secretary of state a cancellation of the appointment. The
appointed agent may resign by filing a notice of resignation with the secretary of state and giving notice
to the entity that made the appointment.
Consent: Effective January 1, 2010, a person designated as the registered agent of an entity must have
consented, either in a written or electronic form, to serve as the registered agent of the entity. By
signing this statement, the person designated as agent is accepting the appointment and consenting to
serve as an agent to receive service of process on behalf of the entity. The liabilities and penalties
imposed by sections 4.007 and 4.008 of the BOC apply with respect to a false statement in a filing
instrument that names a person as the registered agent of an entity without that person’s consent. (BOC
§ 5.207)
Instructions for Form
Items 1–4—Entity Information: The appointment must state the name of the entity, its federal
employer identification number, the type of entity, the statute under which the appointment is made
and the address of the entity in Texas or elsewhere.
Item 5—Agent Authorized to Receive Service of Process: Complete this section with information
regarding the agent. The agent can be either (option A) a Texas entity or a foreign entity that is
registered to do business in Texas or (option B) an individual resident of the state. Note that the
entity may not serve as its own agent and may not appoint the secretary of state as its agent.
Item 5C must include the street address of the agent where service of process may be delivered or
mailed. The registered office must be located at a street address where service of process may be
personally served on the entity’s registered agent during normal business hours. Although the
registered office address is not required to be the entity’s principal place of business, the registered
office may not be solely a mailbox service or a telephone answering service (BOC § 5.201).
Execution: The appointment of statutory agent for service of process filed by a Texas financial
institution or defense base development authority must be signed by an authorized officer of the
financial institution or defense base development authority. The appointment of statutory 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.
In addition, the appointment must also be signed by the person named as the entity’s appointed
agent. If the appointed agent is a corporation or other legal entity, the appointment must be signed
by an officer or other duly authorized representative of the agent. By signing the appointment, the
agent is accepting the appointment and consenting to serve as an agent to receive service of process
on behalf of the entity.
The appointment 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 an appointment by a Texas financial
institution or an unincorporated nonprofit association is $25. There is no fee for the appointment of
an agent by a defense base development authority. 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.
Revised 05/11
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 file-
stamped copy of the document, if a duplicate copy was provided as instructed.
Form 706
2
Form 706
3
This space reserved for office use.
Form 706
(Revised 05/11)
Submit 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
Appointment of
Statutory Agent
Entity Information
The entity named below hereby appoints an agent authorized to receive service of process.
1. The name of the entity is:
2. The federal employer identification number issued to the entity is:
The entity does not have a federal employer identification number at this time.
3. The entity is: (Choose only one.)
A. A Texas financial institution filing pursuant to section 201.103, Texas Finance Code.
B. An unincorporated nonprofit association filing pursuant to section 252.011, Texas Business
Organizations Code.
C. A defense base development authority filing pursuant to section 378.004(b), Texas Local
Government Code.
4. The address of the entity is:
Address City State Country Zip/Postal Code
Agent Authorized to Receive Service of Process
The agent named below is authorized to receive service of process on behalf of the entity. By signing
this statement, the agent accepts and consents to the appointment made by the entity.
5A.
(cannot be entity named above) The agent is an organization by the name of:
OR
5B. The agent is an individual resident of the state whose name is:
First Name M.I. Last Name Suffix
5C. The street address of the agent to which service of process may be delivered or mailed is:
Street Address (No P.O. Box) City State
TX
Zip Code
Form 706
4
Execution
The undersigned affirms that the person designated as registered agent has consented to the
appointment. 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 to execute the filing instrument.
Date:
Signature of authorized person
Printed or typed name of authorized person (see instructions)
Acceptance and Consent of Agent to Appointment
Signature of agent
Date:
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Form 706General Information: (Appointment of Statutory Agent) Commentary (Texas Secretary of State)

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Completed 29 July 2020

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