Form 403—General Information 
                              (Certificate of Correction) 
 
 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 
 
Subchapter C of chapter 4 of the Texas Business Organizations Code (BOC) governs a certificate of 
correction.  A filing instrument that is an inaccurate record of the event or transaction evidenced by the 
instrument, that contains an inaccurate or erroneous statement, or that was defectively or erroneously 
signed, sealed, acknowledged or verified may be corrected by filing a certificate of correction (BOC 
§4.101).  A filing instrument may be corrected to contain only those statements that the governing law 
authorizes or requires to be included in the original filing instrument.  A certificate of correction may not 
alter, add, or delete a statement that by its alteration, addition or deletion would have caused the 
secretary of state to determine that the filing instrument did not conform to the requirements of 
applicable law at the time of filing (BOC § 4.102). 
 
After the secretary of state files the certificate of correction, the filing instrument is considered to have 
been corrected on the date the filing instrument was originally filed with one exception.  As to a person 
who is adversely affected by the correction, the filing instrument is considered to have been corrected on 
the date the certificate of correction is filed. 
 
                              Instructions for Form 
 
 Item 1—Entity Information:  The certificate of correction must contain the legal name of the 
  entity.  If the certificate of correction corrects the  name of the entity, the name as it currently 
  appears on the records of the secretary of state should be stated. It is recommended that the file 
  number assigned by the secretary of state be provided to facilitate processing of the document. 
 
 Item 2—Filing Instrument to be Corrected:           Identify the filing instrument to be corrected by 
  description and date of filing with the secretary of state.  Example:  “Certificate of formation filed on 
  January 2, 2009.” If the filing instrument to be corrected is a merger, conversion or exchange, 
  additional instructions are found on page 2 of this form. 
   
  Identification of Errors and Corrections:      Corrections may be made to the entity name, registered 
  agent name, registered office address, stated purpose, or stated duration by checking the applicable 
  box in this section and stating, in corrected form, the portion of the instrument to be corrected. If the 
  necessary corrections are other than those provided for by the check boxes, please use the section 
  entitled “Identification of Other Errors and Corrections.” 
   
  Correction to Entity Name:  The correction to an entity name will require the secretary of state to 
  determine the availability of the entity name as corrected.  If the entity name, as corrected, is the 
  same as, deceptively similar to, or similar to the name of any existing domestic or foreign filing 
  entity (other than the entity filing the correction), or any name reservation or registration filed with 
  the secretary of state, the correction cannot be filed (BOC § 5.053). 
   
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  Correction to Registered Agent:  Effective January 1, 2010, a person designated as the registered 
  agent of an entity must have consented, either in a written or electronic form, to serve as the 
  registered agent of the entity.  Although the consent of the person designated as registered agent is 
  required, a copy of the written or  electronic consent need not be  submitted with a  certificate of 
  correction that corrects the name of the registered agent. 
   
  Please note that the designation or appointment of a person as the registered agent by an organizer 
  or a managerial official is an affirmation that the person named as registered agent in the corrected 
  instrument has consented to serve as registered agent.     (BOC § 5.2011, effective January 1, 2010) 
  The liabilities and penalties imposed by sections 4.007 and 4.008 of the BOC apply with respect to a 
  false statement in a filing instrument that names a person as the registered agent of an entity without 
  that person’s consent. (BOC § 5.207) 
   
  Correction to Registered Office:  The registered office address must be located at a street address 
  where service of process may be personally served on the entity’s registered agent during normal 
  business hours.  Although the registered office is not required to be the entity’s principal place of 
  business, the registered office may not be solely a mailbox service or telephone answering service 
  (BOC § 5.201). 
   
 Identification of Other Errors and Corrections:  This section of the form contains four text boxes 
  that may be used to identify corrections to errors or inaccuracies in the filing instrument other than 
  the provisions specifically described next to the check boxes in the section under “Identification of 
  Errors and Corrections.”  Use the areas provided to identify by reference or description those 
  provisions to be added, altered or deleted by the correction.  If the filing instrument to be corrected 
  was defectively or erroneously signed, sealed,  acknowledged or verified, a correctly executed 
  instrument should be attached to the form as an exhibit. 
 
 Statement of Correction:  This section states that the purpose of the certificate of correction is to 
  correct inaccuracies, errors or defects consistent with section 4.103 of the BOC. 
 
 Correction of Merger, Conversion or Exchange:    If the filing instrument to be corrected is a  
  merger, conversion or other instrument involving multiple entities, please include the names and file 
  numbers for all entities which were parties to the transaction so that the secretary of state may index 
  the certificate of correction to the record for each entity.  If the space provided on page 5 of this form 
  is not sufficient, include the information as an attachment to this form. 
 
 Effectiveness of Filing: This section states the effectiveness of filing as provided in section 4.105 
  of the BOC. 
 
 Execution:  Pursuant to section 4.101(b) of the BOC, the certificate of correction must be signed by 
  a person authorized by the BOC to sign the filing instrument to be corrected.  Generally, a governing 
  person or managerial official of the entity signs a filing instrument, including a certificate of 
  correction. 
 
  If the correction relates to a certificate of formation, the certificate of correction would be signed by 
  a person authorized to sign the certificate of formation.  If the  correction relates to a merger, 
  conversion or exchange transaction, the certificate of correction need not be signed on behalf of each 
  entity named in the filing instrument being corrected.  In the case of a merger, the certificate of 
  correction must be signed by a person authorized to act in regard to a surviving entity in the merger. 

Form 403 	                             2 

  In the case of a conversion, the certificate of correction must be signed on behalf of the converted 
  entity.  In the case of an exchange, the certificate of correction must be signed by an acquiring entity.   

  The certificate of correction 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 certificate of correction is $15.  Fees may 
  be paid by personal checks, money orders, LegalEase debit cards, or American Express, Discover, 
  MasterCard, and Visa credit cards.  Checks or money orders must be payable through a U.S. bank or 
  financial institution and made payable to the secretary of state.  Fees paid by credit card are subject 
  to a statutorily authorized convenience fee of 2.7 percent of the total fees. 

  Submit the completed form in duplicate along with the filing fee.  The form may be mailed to P.O. 
  Box 13697, Austin, Texas 78711-3697; faxed to (512)  463-5709; or delivered to the James Earl 
  Rudder Office Building, 1019 Brazos, Austin, Texas 78701.  If a document is transmitted by fax, 
  credit card information must accompany the transmission (Form 807).  On filing the document, the 
  secretary of state will return the appropriate evidence of filing to the submitter together with a file-
  stamped copy of the document, if a duplicate copy was provided as instructed. 

  Revised 05/11 

Form 403                              3 

 Form403                                                                       This space reserved for office use. 
 (Revised 05/11)   

 Submit in duplicate to: 
 Secretary of State 
                                                                
 P.O. Box 13697 
                                        Certificate of Correction
 Austin, TX 78711-3697 
                                                               
 512 463-5555 
 FAX: 512/463-5709 
 Filing Fee: $15 
 
                                         Entity Information 
  
 1.  The name of the filing entity is:  

 State the name of the entity as currently shown in the records of the secretary of state.  If the certificate of correction  
 corrects the name of the entity, state the present name and  not the name as it will be corrected. 

 The file number issued to the filing entity by the secretary of state is:               
                                                                               
                         Filing Instrument to be Corrected 
  
 2.  The filing instrument to be corrected is :            

 The date the filing instrument was filed with the secretary of state:              
                                                                                                    mm/dd/yyyy 
                         Identification of Errors and Corrections 
  (Indicate the errors that have been made by checking the appropriate box or boxes; then  provide the corrected text.) 
                                                              
    The entity name is inaccurate or erroneously stated.  The corrected entity name is: 

    The registered agent name is inaccurate or erroneously stated.  The corrected registered agent 
 name is: 
                                         Corrected Registered Agent 
                                      (Complete either A or B, but not both.) 

 A.  The registered agent is an organization (cannot be entity  named above) by the name of:  

 OR 

 B.  The registered agent is an individual resident of the state whose name is: 

 First                   Middle          Last Name                                                             Suffix
                                                                                                                
 The person executing this certificate of correction affirms that the registered agent, whose name is 
 being corrected by this certificate, consented to serve as registered agent at the time the filing                      
 instrument being corrected took effect. 

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  The registered office address is inaccurate or erroneously stated.  The corrected registered office 
address is: 
                             Corrected Registered Office Address 

                                                                                 TX 
Street Address (No P.O. Box) City                                                State Zip Code 

  The purpose of the entity is inaccurate or erroneously stated.  The purpose is corrected to read as 
follows: 

  The period of duration of the entity is inaccurate or erroneously stated. 
The period of duration is corrected to read as follows: 

                             Identification of Other Errors and Corrections 
(Indicate the other errors and corrections that have been made by checking and completing the appropriate box or boxes.) 

Other errors and corrections.  The following inaccuracies and errors in the filing instrument are 
corrected as follows: 

Add      Each of the following provisions was omitted and should be added to the filing instrument. 
The identification or reference of each added provision and the full text of the provision is set forth 
below. 

Alter   The following identified provisions of the filing instrument contain inaccuracies or errors 
to be corrected.  The full text of each corrected provision is set forth below:  

Delete       Each of the provisions identified below was included in error and should be deleted.  

Form 403                     5

 Defective Execution       The filing instrument was defectively or erroneously signed, sealed, 
acknowledged or verified. Attached is a correctly signed, sealed, acknowledged or verified 
instrument.  

                          Statement Regarding Correction 

The filing instrument identified in this certificate was an inaccurate record of the event or transaction 
evidenced in the instrument, contained an inaccurate or erroneous statement, or was defectively or 
erroneously signed, sealed, acknowledged or verified.  This certificate of correction is submitted for 
the purpose of correcting the filing instrument. 

             Correction to Merger, Conversion or Exchange 

The filing instrument identified in this certificate of  correction is a merger, conversion or other 
instrument involving multiple entities.  The name and file number of each entity that was a party to 
the transaction is set forth below. (If the space provided is not sufficient, include information as an attachment to this form.) 

Entity name                                                                     SOS file number 

Entity name                                                                     SOS file number 

                                    Effectiveness of Filing 

After the secretary of state files the certificate of correction, the filing instrument is considered to have 
been corrected on the date the filing instrument was originally filed except as to persons adversely 
affected.  As to persons adversely affected by the correction, the filing instrument is considered to 
have been corrected on the date the certificate of correction is filed by the secretary of state. 

                                    Execution 
The undersigned signs this document subject to the penalties imposed by law for the submission of a 
materially false or fraudulent instrument and certifies under penalty of perjury that the undersigned is 
authorized under the provisions of law governing the entity to execute the filing instrument. 

Date: 

                                    By:

                                                 Signature of authorized person 

                                                 Printed or typed name of authorized person (see instructions) 

                                                            Print               Reset

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