New Mexico

Texas

Foreign registration · Form 304

New Mexico LLC Foreign Registration in Texas

An LLC formed in New Mexico 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 New Mexico: no Certificate of Good Standing and Compliance. We file it with the Texas Secretary of State using your New Mexico records and act as your registered agent there for the first year.

New Mexico vs Texas: the paperwork

	New Mexico formed here	Texas registering here
Document	New Mexico Certificate of Good Standing and Compliance (not needed here)	Form 304
State fee	Set by the state	$767.13 at order (filing fee $750 plus charges collected at filing)
How it is handled	New Mexico: online	Filed with Texas
Required expedite		$50 at order (Texas Express)
Faster options		next-day $500, same-day $750
Office	New Mexico Secretary of State, Business Services Division	Texas Secretary of State
Official page	enterprise.sos.nm.gov	sos.state.tx.us
Yearly filing	No annual report	Public Information Report + Franchise Tax Report, fee set by the state, every year
Due		May 15 each year
Agent	Your New Mexico registered agent	Our Texas registered agent

From New Mexico to Texas, step by step

We prepare and file Form 304
It lists us as your Texas registered agent, next to your New Mexico name and formation date. Nothing has to come from New Mexico first, so the Texas filing can go in right away. Once Texas approves it, the New Mexico company can do business there.

Your New Mexico name and Texas's rules

Texas accepts your New Mexico name if it includes limited liability company, limited company or an abbreviation of either. If another Texas company uses the New Mexico name, an alternate name is allowed. We search Texas's records for New Mexico's name on file before anything is filed.

Your Texas agent and the New Mexico one

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

Staying in good standing in New Mexico and Texas

New Mexico has no annual report for LLCs; Texas wants the Public Information Report + Franchise Tax Report every year. The new registration does not replace any home-state filing.

LLC or corporation, New Mexico to Texas

A corporation formed in New Mexico files Form 301 with Texas ($767.13 in state fees and the $50 required expedite, the same). After that come New Mexico's Biennial Corporate Report ($25) and Texas's Franchise Tax Report + Public Information Report (no fee). See the corporation filing.

The other way: Texas into New Mexico

An LLC formed in Texas that registers with New Mexico files New Mexico's registration (no form number) with $100 in state fees, plus the Certificate of Fact - Status ($15) dated within 30 days. See that filing.

Questions New Mexico owners ask about Texas

Does my New Mexico company need to register in Texas?

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

How much does it cost to register a New Mexico LLC in Texas?

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

Do I need New Mexico'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 New Mexico first. Faster state options: next-day $500, same-day $750.

What are the yearly costs for New Mexico and Texas?

Our registered agent renewal ($149 a year), no New Mexico yearly report and Texas's report (fee set by the state).

What if I don't register with Texas?

A New Mexico company cannot sue in court there until it registers.

Does Texas require a registered agent?

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

Will Texas accept my New Mexico name?

Yes, if no company there has it; if one does, it uses an alternate name there and keeps its New Mexico 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 New Mexico keeps the original, so you run two companies: the new one files Texas's Public Information Report + Franchise Tax Report, and New Mexico has no yearly report for the original.

How do I withdraw from Texas later?

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

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