Form 709—General Information
(Cancellation of 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 the cancellation of the 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.
Instructions for Form
Item 6—Cancellation of Appointment: The resignation must state the date the appointment of
agent was filed with the secretary of state. This section also states that the entity is canceling the
authority of the appointed agent to receive or accept service of process on behalf of the entity.
Items 1–5—Entity Information: The cancellation must state the name of the entity, the file
number assigned by the secretary of state to the entity, the federal employer identification number of
the entity, the type of entity, the statute under which the appointment was made, and the current
address of the entity.
Execution: The cancellation of appointment of statutory agent 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 cancellation of appointment of statutory
agent 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 is $15 for a Texas financial
institution and $5 for an unincorporated nonprofit association. 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 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 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 709
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