The secretary of state cannot revoke the filing of a document upon receipt of evidence that the document was fraudulently filed. A criminal proceeding may be brought for a violation of the provisions of §4.008 of the Texas Business Organizations Code by the appropriate prosecuting authority. Criminal proceedings pursuant to §4.008 are not initiated by the secretary of state.

Source Note: The provisions of this §79.23 adopted to be effective February 18, 1998, 23 TexReg 1528; amended to be effective January 1, 2010, 34 TexReg 9169