Incorporation papers for Good Wagon Books

Dear Mr. del Castillo,

This letter is sent in response to your e-mailed open records request sent on October 8, 2013. Mr. Wroe Jackson, our General Counsel, forwarded your request and asked our division to respond to your request for a copy of the Articles of Incorporation for an entity by the name of Good Wagon Books. Please note that in response to your request a search of our records did not reveal an entity that was formed with a legal name of "Good Wagon Books." However, our records did reveal an assumed name certificate on file for "Good Wagon Books" that was filed on behalf of a limited liability company by the legal name of Caerus Holdings, LLC. Consequently, documents relating to that entity have been provided in response to your request.

Although you have requested that we provide a copy of the entity's articles of incorporation, please note that this terminology is not used in connection with the formation of a Texas corporation, limited liability company or limited partnership. Under the terms of the Texas Business Organizations Code, the term used to identify the filing instrument submitted in connection with the formation of a Texas corporation, limited liability company or limited partnership is "Certificate of Formation." Per your request, the attached PDF file (comprised of 9 pages) contains copies of all documents of record in the filing history maintained for the entity known as Caerus Holdings, LLC; namely, (1) the Certificate of Formation, including letter of acknowledgement and certificate of filing; (2) the Assumed Name Certificate, including letter of acknowledgement and certificate of filing; and (3) the notice of forfeiture of the existence of the limited liability company under the provisions of Chapter 171 of the Texas Tax Code. Although the additional documents were not requested, the documents were included to provide a clearer and more complete response to your request for information.

As of the date of this email, the current status of the entity known as Caerus Holdings, LLC is "forfeited existence." Please note that the notice of forfeiture found in the Secretary of State's records is a copy of the notice placed in the record by the Secretary of State and is not a notice that is sent to the taxpayer upon forfeiture. Any notifications that may have been sent to the taxpayer were sent by the Texas Comptroller of Public Accounts, which is the agency of the state charged with collection of the state franchise tax. Consequently, any notifications sent to the taxpayer regarding the franchise tax report due and any notices relating to the forfeiture of the entity’s corporate privileges, and forfeiture of existence are records maintained by the Texas Comptroller of Public Accounts and not the Texas Secretary of State. You may wish to contact the Open Records Division of the Texas Comptroller of Public Accounts for further information on the availability of such records by writing to the Texas Comptroller of Public Accounts, Open Records, P.O. Box 13528, Austin, Texas 78711-3528 or by sending a fax to (512) 475-1610.

Thank you for contacting our office with your request. Should you have problems opening the attachment, please let me know and I can mail the responsive documents to the address provided if needed.