Form 26-40

This affidavit identifies one or more individuals with authority to transfer on behalf of a domestic or foreign entity an estate or interest in real property in the name of the entity if the entity is “(1) a limited liability company, a limited partnership, or a professional entity as defined by Section 301.003, Busi­ness Organizations Code; and (2) active or in good standing under the laws of the entity’s jurisdiction of formation.” Tex. Prop. Code § 12.019(c). This affidavit may not be used by a domestic nonprofit entity or a foreign entity that is exempt from federal taxation as further described in Tex. Prop. Code § 12.019(b) or in “a transaction involving the transfer of an estate or interest in real property in an amount that exceeds $1 million.” Tex. Prop. Code § 12.019(b). Further limitations and requirements are contained in Tex. Prop. Code § 12.019.

“Transfer” means a transaction to sell, exchange, convey with or without covenants, quitclaim, release, surrender, mortgage, encumber, partition or consent to partitioning, subdivide, apply for zoning, rezoning, or other governmental permits, plat or consent to platting, develop, grant options concerning, lease or sublet, or otherwise dispose of an estate or interest in real property or a right incident to real property. Tex. Prop. Code § 12.019(a)(2).

Affidavit of Authority to Transfer
(Pursuant to Section 12.019, Texas Property Code)

Date:

Name of Domestic or Foreign Entity Owning Title to the Property (the “Entity”):

Entity’s Address: [include street address]

Property to Be Transferred: [insert legal description]

Name[s] and Title[s] of Individual[s] Authorized to Transfer on Entity’s Behalf an Estate or Interest in the Property:

Affiant:

Affiant on oath swears that the following statements are true and are within the per­sonal knowledge of Affiant:

1.My name is [name of affiant]. I am at least eighteen years of age. I am authorized to execute this affidavit on behalf of the Entity. I am competent to execute this affidavit. I understand that third parties will rely on the truthfulness of the statements made in this affida­vit and that this affidavit is made under penalty of perjury.

2.The name of the Entity that holds title to the Property is set forth above.

3.The address, including street address, of the Entity’s principal place of business in Texas, or, if the Entity does not have a principal place of business in Texas, the address of the Entity’s principal place of business in the state or country that is the Entity’s jurisdiction of formation, is set forth above.

4.The Entity is active or in good standing under the laws of the Entity’s jurisdiction of formation.

5.The legal description of the Property, an estate or interest in which is to be trans­ferred, is set forth above.

6.The nature of the transfer authorized hereby is [insert using definition of “transfer” set forth in Tex. Prop. Code § 12.019(a)(2)].

7.The name[s] and title[s] of the person[s] authorized to transfer on the Entity’s behalf an estate or interest in the Property [is/are] set forth above.

8.Affiant is authorized to execute this affidavit because on the date this affidavit is executed, Affiant is [a manager or member of the limited liability company/a general partner of the limited partnership/a director or officer of the professional entity].

9.The Entity is [a limited liability company and Affiant is the sole member and man­ager of the limited liability company/a limited partnership and Affiant is the sole general part­ner of the limited partnership/a professional entity and Affiant is the sole director and officer of the professional entity].

 

   
[Name of affiant]

SUBSCRIBED AND SWORN TO before me on __________________ by [name of affiant].

   
Notary Public, State of Texas