Form 709—General Information (Cancellation of Appointment of Statutory Agent)

Form 709 (PDF)

The attached form is drafted to meet minimal statutory filing requirements pursuant to the relevant code provisions. This form and the information provided are not substitutes for the advice and services of an attorney and tax specialist.

Commentary

This form has been promulgated to comply with the provisions of the Texas Business Organizations Code (BOC) as well as other applicable law regarding the cancellation of the appointment of a statutory agent authorized to receive service of process on behalf of a Texas financial institution under section 201.103 of the Texas Finance Code, an unincorporated nonprofit association under section 252.011 of the Texas Business Organizations Code, and a defense base development authority under section 379B.004(b) of the Texas Local Government Code.

Instructions for Form

Items 1–5—Entity Information: The cancellation must state the name of the entity, the file number assigned by the secretary of state to the entity, the federal employer identification number of the entity, the type of entity, the statute under which the appointment was made, and the current address of the entity.
Item 6—Cancellation of Appointment: The resignation must state the date the appointment of agent was filed with the secretary of state. This section also states that the entity is canceling the authority of the appointed agent to receive or accept service of process on behalf of the entity.
Execution: The cancellation of appointment of statutory agent filed by a Texas financial institution or defense base development authority must be signed by an authorized officer of the financial institution or defense base development authority. The cancellation of appointment of statutory agent filed by an unincorporated nonprofit association must be signed by a person authorized to manage the affairs of the nonprofit association.

The cancellation need not be notarized. However, before signing, please read the statements on this form carefully. A person commits an offense under section 4.008 of the BOC if the person signs or directs the filing of a filing instrument the person knows is materially false with the intent that the instrument be delivered to the secretary of state for filing. The offense is a Class A misdemeanor unless the person’s intent is to harm or defraud another, in which case the offense is a state jail felony.

Payment and Delivery Instructions

The filing fee for a cancellation is $15 for a Texas financial institution and $5 for an unincorporated nonprofit association. There is no fee for the cancellation of an appointment by a defense base development authority.

Online Filing

For faster processing submit your filing through SOSPortal. You will be prompted to enter all required information through the online filing screens.
Payments may be made by ACH or credit card (credit card payments include a convenience fee of $0.25 plus 2.25% of total fees).
Evidence of filing will be emailed to the submitter.

Mail or In Person Filing

Payments may be made by check or money order.
Mail filings to: P.O. Box 13697, Austin, TX 78711-3697
Deliver filings to: 400 W. 15th St., Austin, TX 78701
Evidence of filing will be mailed to the submitter.

When submitting your filing, do not include:

These instructions pages
Duplicate copies of the document
Personal identifying information (PII)

Including any of these may result in rejection. For questions about SOSPortal, please contact the Secretary of State's office by email.

Revised 09/26