Foreign LLC registration
Texas Foreign LLC Registration: Form 304
An LLC formed in another state registers with Texas on Form 304. The $750 filing fee ($767.13 with the state's card charges) and the $50 required expedite (Texas Express) go to Texas; our $199 covers preparing and filing it plus the first year of Texas registered agent service, for $1,016.13 at checkout. Texas does not ask for a home-state certificate with this filing.
Texas LLC registration at a glance
- Filing
- Form 304
- State fee
- $750 filing fee ($767.13 with the state's card charges)
- Required expedite
- $50 (Texas Express), charged at checkout
- Total with us
- $1,016.13, first year of Texas registered agent service included
- Required expedite processing
- typically 2 to 3 business days
- Home-state certificate
- Not required
- Texas yearly filing
- Yearly report (named below), every year
- Filed with
- Texas Secretary of State
What Form 304 asks for
For Form 304, Texas needs:
- The exact name of your LLC as formed, with an ending Texas accepts: limited liability company, limited company or an abbreviation of either, or an alternate name if that name is taken there
- The state it was formed in and its date of formation
- A Texas registered agent with a street address there; we fill in ours
- A principal office address
- The LLC's federal EIN; Texas accepts the filing while the EIN is still pending
- A signature from an authorized person; Texas does not require a notary
Texas also lets the registration take effect on a later date, up to 90 days after filing.
LLC into Texas, by home state
Every home state pays the same $1,016.13 at checkout for Texas.
| Formed in | Home-state certificate | First year |
|---|---|---|
| Alabama | Not needed | $1,016.13 |
| Alaska | Not needed | $1,016.13 |
| Arizona | Not needed | $1,016.13 |
| Arkansas | Not needed | $1,016.13 |
| California | Not needed | $1,016.13 |
| Colorado | Not needed | $1,016.13 |
| Connecticut | Not needed | $1,016.13 |
| Delaware | Not needed | $1,016.13 |
| Florida | Not needed | $1,016.13 |
| Georgia | Not needed | $1,016.13 |
| Hawaii | Not needed | $1,016.13 |
| Idaho | Not needed | $1,016.13 |
| Illinois | Not needed | $1,016.13 |
| Indiana | Not needed | $1,016.13 |
| Iowa | Not needed | $1,016.13 |
| Kansas | Not needed | $1,016.13 |
| Kentucky | Not needed | $1,016.13 |
| Louisiana | Not needed | $1,016.13 |
| Maine | Not needed | $1,016.13 |
| Maryland | Not needed | $1,016.13 |
| Massachusetts | Not needed | $1,016.13 |
| Michigan | Not needed | $1,016.13 |
| Minnesota | Not needed | $1,016.13 |
| Mississippi | Not needed | $1,016.13 |
| Missouri | Not needed | $1,016.13 |
| Montana | Not needed | $1,016.13 |
| Nebraska | Not needed | $1,016.13 |
| Nevada | Not needed | $1,016.13 |
| New Hampshire | Not needed | $1,016.13 |
| New Jersey | Not needed | $1,016.13 |
| New Mexico | Not needed | $1,016.13 |
| New York | Not needed | $1,016.13 |
| North Carolina | Not needed | $1,016.13 |
| North Dakota | Not needed | $1,016.13 |
| Ohio | Not needed | $1,016.13 |
| Oklahoma | Not needed | $1,016.13 |
| Oregon | Not needed | $1,016.13 |
| Pennsylvania | Not needed | $1,016.13 |
| Rhode Island | Not needed | $1,016.13 |
| South Carolina | Not needed | $1,016.13 |
| South Dakota | Not needed | $1,016.13 |
| Tennessee | Not needed | $1,016.13 |
| Utah | Not needed | $1,016.13 |
| Vermont | Not needed | $1,016.13 |
| Virginia | Not needed | $1,016.13 |
| Washington | Not needed | $1,016.13 |
| West Virginia | Not needed | $1,016.13 |
| Wisconsin | Not needed | $1,016.13 |
| Wyoming | Not needed | $1,016.13 |
When Texas expects an LLC to register
Texas law lists 16 activities that do not, on their own, count as doing business in Texas; the list gives examples and is not the full test. A one-off transaction completed within 30 days, and not one of a series, does not count either. An office, staff, or regular sales and contracts there are what typically lead to registration.
If you do business in Texas without registering
An unregistered LLC doing business there cannot start a lawsuit in Texas courts until it registers. Its contracts stay valid, and it can still defend a case brought against it. A Texas court can order the LLC to stop doing business there until it registers.
Texas registered agent rule
Texas requires every registered foreign LLC to keep a registered agent there (BOC 5.201). The agent must agree to serve before Texas accepts the appointment. Switching agents later costs $15 on Form 401. Our $199 includes the first year of Texas registered agent service, then $149 a year.
Texas yearly filings
Once registered, your LLC files the Texas Public Information Report + Franchise Tax Report every year, due May 15 each year. The Texas filing window opens January 1 of the report year and closes May 15. Filing it late adds $50.
How long Texas takes
We file Form 304 with the Texas Secretary of State. Texas required expedite processing: typically 2 to 3 business days. Checkout includes the required expedite ($50). Faster state options: next-day $500, same-day $750; they are optional and not in the total.
Leaving Texas later
If your LLC stops doing business there, it ends the registration by filing Form 608, Certificate of Withdrawal of Registration ($15). Until that is filed, Texas's yearly filing stays due.
Texas foreign LLC questions
Do I have to register my LLC in Texas?
Yes, if it was formed in another state and does business there. Texas law lists 16 activities that do not count on their own. A one-off deal finished within 30 days does not count either. An office, staff or regular sales there usually mean registering.
How much does foreign LLC registration in Texas cost?
$1,016.13 at checkout: the $750 filing fee ($767.13 with the state's card charges), the $50 required expedite plus our $199, which includes the first year of registered agent service.
Does Texas need a certificate from my home state?
No, Texas does not ask for one with this filing.
How long does the Texas registration take?
Typically 2 to 3 business days with Texas's required expedite, included in the $1,016.13 total; a faster next-day option costs $500.
What does it cost each year to stay registered in Texas?
$149 a year for our registered agent service, plus the yearly report. The home state's own yearly filing stays separate.
What if I don't register with Texas?
Your LLC cannot sue in court there until it registers.
Do I need a registered agent in Texas?
Yes. Texas requires one for every LLC registered there from another state. Ours is included for the first year, then $149 a year.
What if my company's name is taken in Texas?
Texas lets an out-of-state LLC register under an alternate name. The name must include limited liability company, limited company or an abbreviation of either.
How do I withdraw from Texas later?
File Form 608, Certificate of Withdrawal of Registration ($15) with the Texas Secretary of State.
Can I form a new Texas LLC instead?
It is possible, but that is a separate company that files Texas's yearly report, while the original keeps its home-state filings. Registering keeps one company in both states.
Is the Texas filing the same for a corporation?
No: corporations file Form 301 ($767.13 in state fees, the same fee), and LLCs file Form 304.
Is this a certificate of authority?
Texas calls it registration; other states call the same step a certificate of authority or foreign qualification.
Official Texas sources
- Texas filing page (sos.state.tx.us)
- Texas Form 304 (sos.texas.gov)
- Texas Secretary of State, Form 304 instructions
- Texas Business Organizations Code, Chapter 9 (foreign entities)
- Texas Secretary of State, foreign entity FAQs
- Texas Business Organizations Code, Chapter 5 (names, registered agents)
- Texas Secretary of State, Form 608 instructions (withdrawal)
- Texas yearly filing (statutes.capitol.texas.gov)