How Do I Remove My Husband From My Corporation After Divorce?
Full Question:
Answer:
Changes in the ownership of a corporation are made in accordance with the corporation’s governing statute (Texas Business Organizations Code), and its governing documents, such as its bylaws. There is no filing requirement with the secretary of state when there is an ownership change. If the registered agent or office information has changed after a change in ownership, you must update that information. See Form 401:
http://www.sos.state.tx.us/corp/forms/401_boc.doc
Members of LLCs may assign the member’s ownership interest in accordance with the LLC’s governing statute (Texas Business Organizations Code, Chapter 101, Subchapter C) and its governing documents, such as its regulations, operating agreement or company agreement. There is no filing requirement with the secretary of state when there is an ownership change. If the registered agent or office information has changed after a change in ownership, you must update that information. See Form 401.
Corporations and LLCs change management by following the procedures for removal or resignation, which are generally found in an entity’s governing documents, such as its bylaws, regulations or company agreement. Once a change in management has been made internally by the entity, the management records with the secretary of state may be updated in two ways. First, corporations and LLCs are required to update their management information each year on the Public Information Report, filed with the Texas Comptroller of Public Accounts. This information is then sent to the secretary of state and the management records are updated accordingly. Second, although amendments are not required, corporations may file an amendment with the secretary of state to update the director information; LLCs may file an amendment to update management information. Both of these options will update the information in the records of the secretary of state and Comptroller.