| (a) A proposed name which is deemed to require consent
cannot be filed without consent. No waiver of consent will be allowed
even under the following conditions:
(1) there is related management or ownership;
(2) the existing entity is not actively engaged in
business;
(3) the existing entity is about to change its name,
be terminated, forfeited, or merged out of existence.
(b) The consent must accompany the document to which
the consent relates at the time of submission.
(c) Upon the simultaneous submission of any filing
instruments relating to the formation of two or more related entities,
consent for the use of a name requiring consent will be implied. Example:
Consent is not required for the simultaneous formation of a Texas
limited partnership named ABC Ventures, Ltd. and its general partner,
ABC Ventures, LLC.
(d) If a proposed entity name conflicts with more than
one entity name, the secretary of state will request that consent
be obtained from the entity or name registrant, as applicable, with
the longest continuous use of the entity name as determined by the
records of the secretary of state.
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