Effective June 1, 2018, the name a filing entity seeks to use must be “distinguishable in the records of the secretary of state” from names used by existing entities. See Tex. Bus. Orgs. Code § 5.053; Acts 2017, 85th Leg., R.S., ch. 503, § 3 (H.B. 2856), eff. June 1, 2018. Instructions that accompany this form have not been updated to reflect this new standard as of the publication date of the latest edition of this manual. See sections 3.1 and 5.3 in this manual for more information on entity name availability.
Caution: Before using any SOS forms, the attorney should verify their currency by visiting the secretary of state’s website at www.sos.state.tx.us or by calling (512) 463-5555. Note that many of these forms may also be filed online through SOSDirect.
Certificate of Formation—Nonprofit Corporation
(SOS Form 202)
