Before you can effectively pursue your debtor for payment, you need to know the exact form of his business organization. There are three primary reasons you need to know the form of business your debtor is using.

1. Different business entities require different methods of service of process.

2. The nature of liability of business owners varies by the type of entity.

3. Your debtor’s form of business determines its location for UCC perfection and search purposes

Search the Comptroller’s Records

The Open Records Division of the Texas comptroller of public accounts keeps records on all corporate franchise tax payments and sales tax payments. Its search service is free at http://ecpa.cpa..tx.us. The information available the Comptroller’s site includes the nature of the business, i.e., sole proprietorship, partnership, or corporation, and the the names of corporate agents and officers, owners of sole proprietorships and partnerships, and corporate assumed names.

Search Corporation Records of Secretary of State

The secretary of state can also help you locate your debtor’s forms of business if you can provide the business name, or a close approximation. The information that the secretary of state can provide includes the corporation’s registered agent and the names of its incorporators or whether the business even is a corporation chartered or authorized to do business in Texas.

You can get this information from the Secretary of State for no charge by calling 512-463-5555 or by sending an e-mail to corpinfo@sos.state.tx.us.

Tags: close approximation, Open Records Division of the Texas, business owners, Finding People & Assets, sole proprietorships

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