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Chapter 14

Form 14-20

Clauses for Party Designation—Association or Joint-Stock Company as Defendant

Texas Association or Joint-Stock Company

Clause 14-20

1

Defendant [name of association or company] is [an association/a joint-stock company] having its principal place of business in [county] County, Texas. Service on Defendant can be made by serving its general agent, [name of general agent], or its president, secretary, or treasurer at [address, city], Texas. [Include other information and addresses that may be helpful in obtain­ing service.] [For each additional member to be served, include: [Name of mem­ber], a member of Defendant, should also be served, at [address, city], Texas.]

Foreign Association or Joint-Stock Company (Long-Arm Service)—Organization with  Person in Charge of Business in Texas

Clause 14-20

2

Defendant [name of association or company] is [an association/a joint-stock company] having its principal place of business in the state of [state]. Because Defendant engages in business in Texas and has done so at all material times but is not required to designate or maintain an agent in this state and has not done so, service on Defendant should be made by serving [name of defendant’s person in charge in Texas], who will be in charge of Defendant’s business in Texas at the time of service, at [address, city], Texas. [Include other information and addresses that may be helpful in obtaining service.] A true copy of the process, together with notice of service, will be sent by regis­tered mail, return receipt requested, to Defendant’s principal place of business, at [address, city, state]. Plaintiff’s cause of action arose from or is connected with one or more transactions with Defendant that occurred or were consum­mated in Texas, as more particularly described in this pleading and any included exhibits.

Foreign Association or Joint-Stock Company (Long-Arm Service)—No Agent in Texas

Clause 14-20

3

Defendant [name of association or company] is [an association/a joint-stock company] having its principal place of business in the state of [state]. Defendant’s home office address is [address, city, state]. Because Defendant engages in business in Texas and has done so at all material times but does not maintain a place of regular business in Texas or a designated agent on whom process can be served, service on Defendant should be made by serving the Secretary of State of Texas, at Service of Process, Secretary of State, P.O. Box 12079, Austin, TX 78711-2079, and forwarded to Defendant’s home or home office, [address, city, state]. Plaintiff’s cause of action arose from or is connected with one or more transactions with Defendant that occurred or were consummated in Texas, as more particularly described in this pleading and any included exhibits.

Association or Joint-Stock Company Using Assumed Name

Clause 14-20

4

If the defendant operates under an assumed name, include the following sentence at the end of the language chosen from other designations suggested above.

Defendant [name of defendant] is [an association/a joint-stock com­pany] doing business as [assumed name of defendant].