Texas Codes

Tex. Bus. Orgs. Code § 11.153 (2026)

Court Revocation Of Fraudulent Termination

✓ current as of May 2026

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Sec. 11.153. COURT REVOCATION OF FRAUDULENT TERMINATION. (a) Notwithstanding any provision of this code to the contrary, a court may order the revocation of termination of an entity's existence that was terminated as a result of actual or constructive fraud. In an action under this section, any limitation period provided by law is tolled in accordance with the discovery rule. The secretary of state shall take any action necessary to implement an order under this section.

(b) If the termination of an entity's existence is revoked under Subsection (a):

(1) the revocation relates back to the effective date of the termination and takes effect as of that date; and

(2) the entity's status as an entity continues in effect as if the termination of the entity's existence had never occurred.

Added by Acts 2005, 79th Leg., Ch. 64 (H.B. 1319), Sec. 40, eff. January 1, 2006.

Amended by:

Acts 2021, 87th Leg., R.S., Ch. 39 (S.B. 1203), Sec. 18, eff. September 1, 2021.

SUBCHAPTER E. REINSTATEMENT OF TERMINATED ENTITY

Notes of Decisions

Cited in 1 case, 2017–2017 · leading case: Tho Q. Pham v. Jason Bryan Carrier, Stephen Bradley Womack, Michael Chadwick Pickelsimer AKA Michael Chadwick Womack, HMP Partners Mgmt. Inc. & Carmack Props., LLC (Tex. App. 2017).

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Tho Q. Pham v. Jason Bryan Carrier, Stephen Bradley Womack, Michael Chadwick Pickelsimer AKA Michael Chadwick Womack, HMP Partners Mgmt. Inc. & Carmack Props., LLC (Tex. App. 2017). · cites it 2× “3 See TEX. BUS. ORGS. CODE ANN. § 11.153 (West 2015).”

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