Clauses for Party Designation—Corporation as Defendant
Texas Corporation—Registered Agent
1
Defendant is [name of defendant], a [corporation/nonprofit corporation/professional corporation] organized under the laws of the state of Texas. Service on Defendant can be made by serving its registered agent, [name of registered agent], or its president or any vice-president, at [address, city], Texas. [Include other information and addresses that may be helpful in obtaining service.]
Texas Corporation—Registered Agent Cannot Be Found
2
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The designation suggested below includes an address for the corporate defendant’s registered office, even though it is not statutorily required in this situation. Including the address helps the secretary of state’s citations office to process the citation more efficiently. |
Defendant is [name of defendant], a [corporation/nonprofit corporation/professional corporation] organized under the laws of the state of Texas. Defendant’s registered office is at [address, city], Texas. At least two unsuccessful attempts have been made on different business days to serve Defendant’s registered agent(s), and, because no registered agent of Defendant can be found at Defendant’s registered office despite reasonable diligence, 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].
Texas Corporation—No Registered Agent
3
Defendant is [name of defendant], a [corporation/nonprofit corporation/professional corporation] organized under the laws of the state of Texas. The last known address of Defendant’s registered office is [address, city], Texas. Because Defendant has failed to appoint or maintain a registered agent within Texas, 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].
Foreign Corporation Registered to Transact Business in Texas—Registered Agent
4
Defendant is [name of defendant], a [corporation/nonprofit corporation/professional corporation] organized under the laws of the state of [state] and authorized to transact business in Texas. Service on Defendant can be made by serving its registered agent, [name of registered agent], or its president or any vice-president, at [address, city, state]. [Include other information and addresses that may be helpful in obtaining service.]
Foreign Corporation Registered to Transact Business in Texas—No Registered Agent
5
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The designation suggested below includes an address for the corporation’s principal office in its state of incorporation, even though it is not statutorily required in this situation; including the address helps the secretary of state’s citations office to process the citation more efficiently. |
Defendant is [name of defendant], a [corporation/nonprofit corporation/professional corporation] organized under the laws of the state of [state] and authorized to transact business in Texas. Defendant’s principal office in its state of incorporation is [address, city, state]. Because Defendant has failed to appoint or maintain a registered agent within Texas, 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].
Foreign Corporation Not Registered to Transact Business in Texas—Corporation with Person in Charge of Business in Texas (Long-Arm Service)
6
Defendant is [name of defendant], a [corporation/nonprofit corporation/professional corporation] organized under the laws of 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 Corporation Not Registered to Transact Business in Texas—No Agent in Texas (Long-Arm Service)
7
Defendant is [name of defendant], a [corporation/nonprofit corporation/professional corporation] organized under the laws of 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.
Corporation Using Assumed Name
8
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If the corporate defendant operates under an assumed name, include the following sentence at the end of the language chosen from other designations suggested above. |
Defendant is [name of defendant], a [corporation/nonprofit corporation/professional corporation] doing business as [assumed name of defendant].