Texas

Foreign registration · Form 304

West Virginia LLC Foreign Registration in Texas

An LLC formed in West Virginia that wants to do business in Texas files Form 304, with $767.13 in state fees and a $50 required expedite. Texas asks nothing of West Virginia here, not even the Certificate of Existence. We file it with the Texas Secretary of State from your West Virginia records, then serve as your registered agent there for year one.

What West Virginia and Texas each ask for

	West Virginia formed here	Texas registering here
Document	West Virginia Certificate of Existence (not needed here)	Form 304
State fee	$10	$767.13 at order (filing fee $750 plus charges collected at filing)
How it is handled	West Virginia: in about 5 to 10 business days, with 24-hour, 2-hour and 1-hour expedite options	Filed with Texas
Required expedite		$50 at order (Texas Express)
Faster options		next-day $500, same-day $750
Office	West Virginia Secretary of State, Business & Licensing Division	Texas Secretary of State
Official page	sos.wv.gov	sos.state.tx.us
Name endings	limited liability company, limited company, L.L.C., LLC, L.C. or LC, with limited abbreviated Ltd. and company abbreviated Co.	limited liability company, limited company or an abbreviation of either
Yearly filing	Annual Report, $26, every year	Public Information Report + Franchise Tax Report, fee set by the state, every year
Due	July 1 each year	May 15 each year
Late yearly filing	$50 late fee	$50 late fee
Agent	Your West Virginia agent for service of process	Our Texas registered agent

From West Virginia to Texas, step by step

We prepare and file Form 304
It names us as your Texas registered agent, with your West Virginia name and formation date. No West Virginia paperwork holds up the Texas filing. Once Texas approves it, the West Virginia company can do business there.

Your West Virginia name and Texas's rules

Texas accepts your West Virginia name if it includes limited liability company, limited company or an abbreviation of either. West Virginia's list (limited liability company, limited company, L.L.C., LLC, L.C. or LC, with limited abbreviated Ltd. and company abbreviated Co.) is not the same, but an ending such as “limited liability company” works in both states. If another Texas company uses the West Virginia name, an alternate name is allowed. We search Texas's records for West Virginia's name on file before anything is filed.

Agents: Texas and West Virginia

Texas calls it a registered agent; West Virginia says agent for service of process. Texas papers come to us; West Virginia's agent is unchanged.

Yearly filings: Texas and West Virginia

West Virginia wants the Annual Report every year ($26); Texas wants the Public Information Report + Franchise Tax Report every year. Both states' filings stay current side by side.

LLC or corporation, West Virginia to Texas

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

Registering a Texas company in West Virginia

An LLC formed in Texas that registers with West Virginia files Form LLF-1 with $151 in state fees, plus the Certificate of Fact - Status ($15). See that filing.

Common questions: West Virginia to Texas

Does my West Virginia company need to register in Texas?

Yes, once a West Virginia 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 West Virginia.

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

What are the yearly costs for West Virginia and Texas?

Our registered agent renewal ($149 a year), West Virginia's report ($26) and Texas's report (fee set by the state).

What if I don't register with Texas?

A West Virginia company cannot sue in court there until it registers.

Does Texas require a registered agent?

Yes: the West Virginia agent for service of process stays, and ours covers Texas for year one.

Will Texas accept my West Virginia name?

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

How do I withdraw from Texas later?

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

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