Sec. 5.255. AGENT FOR SERVICE OF PROCESS, NOTICE, OR DEMAND AS MATTER OF LAW. For the purpose of service of process, notice, or demand:
(1) the president and each vice president of a domestic or foreign corporation is an agent of that corporation;
(2) each general partner of a domestic or foreign limited partnership and each partner of a domestic or foreign general partnership is an agent of that partnership;
(3) each manager of a manager-managed domestic or foreign limited liability company and each member of a member-managed domestic or foreign limited liability company is an agent of that limited liability company;
(4) each person who is a governing person of a domestic or foreign entity, other than an entity listed in Subdivisions (1)-(3), is an agent of that entity; and
(5) each member of a committee of a nonprofit corporation authorized to perform the chief executive function of the corporation is an agent of that corporation.
Acts 2003, 78th Leg., ch. 182, Sec. 1, eff. Jan. 1, 2006.
Notes of Decisions
Stewart v. GM Fin., No. 3:19-cv-00411, 2019 WL 5850425 (W.D.N.C. Nov. 7, 2019).
· cites it 2× “Tex. Bus. Orgs. Code § 5.255. Courts agree that the requirement articulated in Rule 4(c)(2) of the Federal Rules of Civil Procedure, namely that a party may not personally serve process, applies to service of process by mail under state law.”
Fuller v. CIG Fin. LLC, No. 3:22-cv-01289 (N.D. Tex. Sept. 13, 2022).
· cites it 2× “See Tex. Bus. Orgs. Code Ann. § 5.255 (3) (West 2006) (addressing domestic or foreign limited liability companies); Cal.”
Wwlc Inv., L.P. v. Sorab Miraki, No. 20-0173 (Tex. June 18, 2021).
“A limited partnership’s agents for service of process are its general partner, TEX. BUS. ORGS. CODE § 5.255(2), and its registered agent, id.”
Adriana Garcia v. Bazan Enter., Inc., No. 13-21-00390-CV (Tex. App.—Corpus Christi–Edinburg Aug. 4, 2022).
“” See TEX. BUS. ORGS. CODE ANN. § 5.255 (listing corporate agents for service of process).”
Buc-Ee's, LTD. v. David DeGroot, No. 13-23-00084-CV (Tex. App.—Corpus Christi–Edinburg July 27, 2023).
“3d at 799 (citing TEX. BUS. ORGS. CODE ANN. §§ 5.201(b)(1), 5.”
Garner v. Buzz Finco LLC, No. 3:21-cv-50457 (N.D. Ill. Sept. 18, 2023).
“Garner argues that the Texas code also allows service on “governing person[s],” citing the language in § 5.”
Natour v. Bank of Am., N.A., No. 4:21-cv-00331 (E.D. Tex. Nov. 10, 2021).
“4(h)(1); TEX. BUS. ORGS. CODE § 5.255. Under the federal rules, service of process upon a corporation must be made upon “an officer, a managing or general agent, or .”
Perkins v. S & R Gold & Silver Exch. LLC, No. 3:21-cv-01437, 2022 WL 658563 (N.D. Tex. Mar. 4, 2022).
“Texas law provides that “[f]or the purpose of service of process, notice, or demand . . . each manager of a manager-managed domestic or foreign limited liability company and each member of a member- managed domestic or foreign limited liability company is an agent of that…”
Legacy Hous. Corp. v. Rodwell, No. 4:24-cv-00096 (N.D. Tex. May 3, 2024).
“TEX. BUS. ORGS. CODE § 5.255(3).1 Rodwell, who executed the Notes on behalf of each Maker, did so as either a “manager” or a “managing member.”
Lambert v. Tommy's Mart Inc., No. 6:22-cv-00579 (W.D. Tex. May 30, 2023).
“Tex. Bus. Orgs. Code Ann. § 5.252 . Additionally, “the president and each vice president of a domestic or foreign corporation is an agent of that corporation” for purposes of receiving service of process.”
Tex. Bus. Orgs. Code § 5.255(1): 5 cases
Buc-Ee's, LTD. v. David DeGroot, No. 13-23-00084-CV (Tex. App.—Corpus Christi–Edinburg July 27, 2023).
“3d at 799 (citing TEX. BUS. ORGS. CODE ANN. §§ 5.201(b)(1), 5.”
Bass, No. 2:25-cv-11405 (E.D. Mich. Oct. 15, 2025).
Tex. Bus. Orgs. Code § 5.255(2): 1 case
Wwlc Inv., L.P. v. Sorab Miraki, No. 20-0173 (Tex. June 18, 2021).
“A limited partnership’s agents for service of process are its general partner, TEX. BUS. ORGS. CODE § 5.255(2), and its registered agent, id.”
Tex. Bus. Orgs. Code § 5.255(3): 2 cases
Legacy Hous. Corp. v. Rodwell, No. 4:24-cv-00096 (N.D. Tex. May 3, 2024).
“TEX. BUS. ORGS. CODE § 5.255(3).1 Rodwell, who executed the Notes on behalf of each Maker, did so as either a “manager” or a “managing member.”
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