Texas

Foreign registration · Form 304

South Dakota LLC Foreign Registration in Texas

To do business in Texas, an LLC formed in South Dakota registers there on Form 304, with $767.13 in state fees and a $50 required expedite. Texas asks nothing of South Dakota here, not even the Certificate of Good Standing/Existence. We file it with the Texas Secretary of State from your South Dakota records, then serve as your registered agent there for year one.

What South Dakota and Texas each ask for

	South Dakota formed here	Texas registering here
Document	South Dakota Certificate of Good Standing/Existence (not needed here)	Form 304
State fee	$20	$767.13 at order (filing fee $750 plus charges collected at filing)
How it is handled	South Dakota: online	Filed with Texas
Required expedite		$50 at order (Texas Express)
Faster options		next-day $500, same-day $750
Office	South Dakota Secretary of State	Texas Secretary of State
Official page	sosenterprise.sd.gov	sos.state.tx.us
Name endings	'limited liability company', 'limited company', or one of the abbreviations L.L.C., LLC, L.C. or LC (limited may be written Ltd. and company Co.)	limited liability company, limited company or an abbreviation of either
Yearly filing	Annual Report, $55, every year	Public Information Report + Franchise Tax Report, fee set by the state, every year
Due	During the entity's anniversary month each year	May 15 each year
Late yearly filing	$50 late fee	$50 late fee
Agent	Your South Dakota registered agent	Our Texas registered agent

How South Dakota companies register with Texas

We prepare and file Form 304
It lists us as your Texas registered agent, next to your South Dakota name and formation date. Nothing has to come from South Dakota first, so the Texas filing can go in right away. After approval, your South Dakota LLC is registered with Texas.

Will your South Dakota name work for Texas?

Texas accepts your South Dakota name if it includes limited liability company, limited company or an abbreviation of either. South Dakota's list ('limited liability company', 'limited company', or one of the abbreviations L.L.C., LLC, L.C. or LC (limited may be written Ltd. and company Co.)) is not the same, but an ending such as “limited liability company” works in both states. If Texas's records show it taken, you can use an alternate name for the South Dakota company. We search Texas's records for South Dakota's name on file before anything is filed.

Agents: Texas and South Dakota

South Dakota and Texas both call it a registered agent. Your current registered agent stays for South Dakota; ours takes Texas's papers and notices.

Staying in good standing in South Dakota and Texas

South Dakota wants the Annual Report every year ($55); Texas wants the Public Information Report + Franchise Tax Report every year. Both states' filings stay current side by side.

LLC or corporation, South Dakota to Texas

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

The other way: Texas into South Dakota

An LLC formed in Texas that registers with South Dakota files South Dakota's registration (no form number) with $750 in state fees, plus the Certificate of Fact - Status ($15). See that filing.

Questions South Dakota owners ask about Texas

Does my South Dakota company need to register in Texas?

Yes, once a South Dakota 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 South Dakota.

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

What are the yearly costs for South Dakota and Texas?

Our registered agent renewal ($149 a year), South Dakota's report ($55) and Texas's report (fee set by the state).

What if I don't register with Texas?

A South Dakota company cannot sue in court there until it registers.

Does Texas require a registered agent?

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

Will Texas accept my South Dakota name?

Yes, if no company there has it; if one does, it uses an alternate name there and keeps its South Dakota name at home. Texas names must include limited liability company, limited company or an abbreviation of either; “limited liability company” works in both states.

Can I form a new Texas LLC instead?

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

How do I withdraw from Texas later?

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

Official sources

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