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Chapter 14

Form 14-19

Clauses for Party Designation—Limited Partnership as Defendant

Texas Limited Partnership—Principal Office in County of Suit

Clause 14-19

1

Defendant is [name of limited partnership], a limited partnership having its principal place of business in [county] County, Texas. Service on Defendant can be made by serving Defendant [name of general partner], general partner,

Select one of the following.

Select if general partner is an individual.

at [address, city], Texas.

Or

Select if general partner is a Texas corporation.

a corporation organized under the laws of Texas, through its registered agent, [name of registered agent], or its president or any vice-president, at [address, city], Texas.

Or

Select if general partner is a foreign corporation.

a corporation organized under the laws of the state of [state] and authorized to transact business in Texas, through its registered agent, [name of registered agent], or its president or any vice-president, at [address, city, state].

Continue with any other information and addresses that may be helpful in obtaining service.

Texas Limited Partnership—Agent in County of Suit

Clause 14-19

2

Defendant is [name of limited partnership], a limited partnership having its principal place of business in [county] County, Texas. Service on Defendant can be made by serving [name of agent or clerk in firm’s local office], who is an agent or clerk employed in Defendant’s office, place of business, or agency, at [address, city], Texas. [Include other information and addresses that may be helpful in obtaining service.] Plaintiff’s cause of action grew out of or is con­nected with business transacted or done in the county in which this action is brought and in which this office, place of business, or agency is located, as more particularly described in this pleading and any included exhibits.

Foreign Limited Partnership Registered to Transact Business in Texas

Clause 14-19

3

Defendant is [name of limited partnership], a limited partnership 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 at [address, city], Texas. [Include other information and addresses that may be helpful in obtaining service.]

Foreign Limited Partnership Not Registered to Transact Business in Texas—Partnership with Person in Charge of Business in Texas (Long-Arm Service)

Clause 14-19

4

Defendant is [name of limited partnership], a limited partnership orga­nized under the laws of the state of [state], whose address is [address, city, 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 Limited Partnership Not Registered to Transact Business in Texas—No Agent in Texas (Long-Arm Service)

Clause 14-19

5

Defendant is [name of limited partnership], a limited partnership 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.

Limited Partnership Using Assumed Name

Clause 14-19

6

If the limited partnership 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 a limited partnership doing business as [assumed name of defendant].