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Blank Texas 509 PDF Form

The Texas 509 form serves as a consent document that allows the holder of an existing name to permit the use of a similar name for a new filing entity or foreign filing entity in Texas. This form is essential for ensuring that proposed names do not infringe on existing names, which include those of active Texas entities and registered foreign entities. It is important to note that while the form facilitates the consent process, it does not replace legal advice or protect against potential trademark violations.

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The Texas 509 form plays a crucial role in the process of naming business entities in the state. This form is used when an individual or organization wishes to propose a name that is similar to an existing name, but it requires the consent of the current name holder. Under Texas law, specifically the Texas Business Organizations Code, a proposed name can only be deemed acceptable if the existing name holder agrees in writing. This form serves as a formal way to document that consent, which must accompany any relevant filing instrument submitted to the Secretary of State. It’s important to note that while consent allows for the use of a similar name, it does not permit names that are identical or deceptively similar to existing names. Additionally, the consent provided does not override any trademark rights or other legal protections that may exist. The Texas 509 form is straightforward, requiring basic information such as the name of the existing entity and the proposed name, and must be signed by an authorized individual. Once submitted, the consent cannot be withdrawn, emphasizing the importance of careful consideration before proceeding. Understanding the nuances of this form can help prevent potential legal issues down the line, making it an essential tool for those navigating the business landscape in Texas.

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__________ ______________________________.
______________
____________
_________________________________________
Consent to Use
of Similar Name
Form 509
(Revised 09/26)
Submit with relevant
filing instrument.
Instructions
Filing Fee: None
(1)
Name and file number of the entity or individual who holds the existing name on file with the secretary of state
consents to the use of
(2)
Proposed name
as the name of a filing entity or foreign filing entity in Texas for the purpose of submitting a filing
instrument to the secretary of state.
(3) The undersigned certifies to being authorized by the holder of the existing name to give this
consent. The undersigned signs this document subject to the penalties imposed by law for the
submission of a materially false or fraudulent instrument.
Date:
Signature of Authorized Person
Name of Authorized Person (type or print)
Title of Authorized Person, if any (type or print)
State of
County of
This instrument was acknowledged before me on
(date)
by
(name of authorized person)
(Seal)
Notary Public’s signature
Form 509
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Document Specs

Fact Name Description
Purpose The Texas 509 form is used to obtain written consent from the holder of an existing name for the use of a similar name by a new filing entity.
Governing Law This form is governed by the Texas Business Organizations Code, specifically Tex. Bus. Orgs. Code § 5.053.
Consent Requirement A proposed name can only be similar to an existing name if the holder of that existing name provides written consent.
Submission Guidelines The 509 form must be submitted along with the relevant filing instrument. It cannot be submitted separately.
Enforcement Limitations The Secretary of State does not enforce private agreements related to the consent, nor does it enforce trademark rights.
Withdrawal of Consent Once filed, consent to use a similar name cannot be withdrawn.
Potential Offenses Signing a materially false filing instrument can lead to serious legal consequences, including a Class A misdemeanor or a state jail felony.
Related Regulations Texas Administrative Code, title 1, part 4, chapter 79, subchapter C outlines rules for determining name similarity.
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