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Entity

Foreign registration · Form 304

Montana LLC Foreign Registration in Texas

An LLC formed in Montana that wants to do business in Texas files Form 304, with $767.13 in state fees and a $50 required expedite. Texas needs nothing from Montana: no Certificate of Existence. We file it with the Texas Secretary of State using your Montana records and act as your registered agent there for the first year.

What Montana and Texas each ask for

Montana
formed here
Texas
registering here
DocumentMontana Certificate of Existence (not needed here)Form 304
State fee$5$767.13 at order (filing fee $750 plus charges collected at filing)
How it is handledMontana: onlineFiled with Texas
Required expedite$50 at order (Texas Express)
Faster optionsnext-day $500, same-day $750
OfficeMontana Secretary of State, Business ServicesTexas Secretary of State
Official pagebiz.sosmt.govsos.state.tx.us
Yearly filingAnnual Report, $20, every yearPublic Information Report + Franchise Tax Report, fee set by the state, every year
DueApril 15May 15 each year
Late yearly filing$15 late fee$50 late fee
AgentYour Montana registered agentOur Texas registered agent

From Montana to Texas, step by step

  1. We prepare and file Form 304

    It names us as your Texas registered agent, with your Montana name and formation date. No Montana paperwork holds up the Texas filing. Once Texas approves it, the Montana company can do business there.

Your Montana name and Texas's rules

Texas accepts your Montana name if it includes limited liability company, limited company or an abbreviation of either. If another Texas company uses the Montana name, an alternate name is allowed. We check your exact Montana name against Texas's records before filing.

Agents: Texas and Montana

Montana and Texas both call it a registered agent. Texas papers come to us; Montana's agent is unchanged.

Staying in good standing in Montana and Texas

Montana wants the Annual Report every year ($20); Texas wants the Public Information Report + Franchise Tax Report every year. Both states' filings stay current side by side.

LLC or corporation, Montana to Texas

A corporation formed in Montana files Form 301 with Texas ($767.13 in state fees and the $50 required expedite, the same). After that come Montana's Annual Report (no fee) and Texas's Franchise Tax Report + Public Information Report (no fee). See the corporation filing.

The other way: Texas into Montana

An LLC formed in Texas that registers with Montana files Montana's registration (no form number) with $70 in state fees; no Texas certificate is needed. See that filing.

Common questions: Montana to Texas

Does my Montana company need to register in Texas?

Yes, once a Montana business operates there; Texas law lists 16 activities that do not count on their own.

How much does the Texas registration cost?

$1,016.13 at checkout, including the $50 required expedite, with nothing to pay Montana.

Do I need Montana's certificate of good standing?

No, Texas takes Form 304 without it.

How long does the Texas registration take?

Typically 2 to 3 business days with Texas's required expedite; nothing comes from Montana first. Faster state options: next-day $500, same-day $750.

What are the yearly costs for Montana and Texas?

Our registered agent renewal ($149 a year), Montana's report ($20) and Texas's report (fee set by the state).

What if I don't register with Texas?

A Montana company cannot sue in court there until it registers.

Does Texas require a registered agent?

Yes: the Montana registered agent stays, and ours covers Texas for year one.

Will Texas accept my Montana name?

Yes, if no company there has it; if one does, it uses an alternate name there and keeps its Montana name at home. Texas names must include limited liability company, limited company or an abbreviation of either.

Can I form a new Texas LLC instead?

Yes, but Montana keeps the original, so you run two companies: the new one files Texas's Public Information Report + Franchise Tax Report, and the original keeps Montana's Annual Report.

How do I withdraw from Texas later?

Montana companies leave by filing Form 608, Certificate of Withdrawal of Registration ($15); until then, Texas's report stays due alongside Montana's filings.

Official sources

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Total $1,016.13Register in Texas