Texas Foreign Corporation
If you want to do business in Texas but your corporation was formed elsewhere, you’ll need to file an Application of Registration with the Secretary of State. You’ll also need to appoint a Texas registered agent.
The easiest way to register a foreign corporation is to hire us to do it for you! When you hire us to register your corporation, you can also take advantage of our extremely affordable Texas registered agent service—just $25 a year.
Foreign Registration Service
$125 + state fees
- Fast, accurate foreign registration
- A year of Registered Agent Service (then $25/yr)
- Free use of our Austin business address
- PIR & Franchise Tax Renewal Service Enrollment
- Secure online account, accessible from anywhere
- Same-day scans & instant notifications
- Hundreds of free state forms & resources
- Lifetime customer service from Texas filing experts
- Easily add services like DBA, Trademark, or Amendment
What Is a Texas Foreign Corporation?
A Texas foreign corporation is simply a corporation that was formed in a state or jurisdiction other than Texas. In contrast, a corporation formed in Texas is a domestic Texas corporation.
If you’re transacting business in Texas, state law requires you to register with the Secretary of State.
Unfortunately, Texas law doesn’t specify what counts as “transacting business.” However, BOC § 9.251 lists activities that are not considered doing business in Texas. These include (but aren’t limited to):
- Maintaining or defending a legal suit
- Holding an internal management meeting
- Having a Texas bank account
- Making a sale through an independent contractor
- Making a single transaction that is completed within 30 days
- Owning property in Texas
If you’re not sure whether your business activity would be considered “transacting business,” contact an attorney for guidance.
How to Register a Foreign Corporation in Texas
Follow these steps to start doing business in Texas
1. Appoint a Texas Registered Agent
Every corporation that does business in Texas needs a Texas registered agent. They must be physically located in Texas and able to accept Secretary of State and legal notices in person during normal business hours.
You’ll need to include your registered agent and their registered office address on your Application of Registration, so be sure to appoint your registered agent before you submit the application.
You can appoint a Texas-based employee or any other adult who lives in Texas, as long as they consent to be your registered agent.
However, most foreign corporations hire a professional registered agent service with an office in Texas. That way, you can trust that your state and legal notices will be received and forwarded to you immediately.
2. Verify that your company name is available
Next, search for your business name in the Texas Franchise Account Status Search to see if any other registered businesses in Texas are using the same name. You can also call or email the Secretary of State and ask for a business name check. If another business in the state is using the same name, you’ll need to operate under an assumed business name.
You’ll also need an assumed name if your business name doesn’t meet Texas’ business name requirements.
An assumed business name, also called a fictitious name or DBA, is any name your company operates under that isn’t the legal name of the business. If you’re required to use an assumed name in Texas, you’ll need to submit an Assumed Name Certificate to the Secretary of State ($25). You’ll need to obtain this certificate before you submit the Application for Registration.
The Assumed Name Certificate form can be submitted by mail, fax, or online via SOSDirect. If submitting a paper copy, you must submit it in duplicate.
3. Obtain a Certificate of Existence
When you register your foreign corporation, you’ll need to submit a Certificate of Existence (also called a Certificate of Good Standing) from your home state/jurisdiction. This document proves that your company is active in your home state.
You can request a Certificate of Existence from the same government agency that formed your corporation (usually the Secretary of State’s office). In most states you can request this certificate online via the Secretary of State website. There may be a small filing fee ($25 on average).
4. File an Application for Registration of a Foreign For-Profit Corporation
Once you’ve appointed a local registered agent and confirmed your name will be accepted, you’re ready to complete Form 301 – Application for Registration of a Foreign For-Profit Corporation.
Here’s the information you’ll be asked to provide:
- Corporation name
- Assumed name (if applicable)
- Federal Employer Identification Number (FEIN)
- State or foreign country where the business was incorporated
- Date of incorporation
- Business purpose
- Date when you plan to start conducting business in Texas
- Principal office address (doesn’t need to be in Texas)
- Registered agent and registered office address (must be physical address in Texas)
- Names and addresses of directors
- Supplemental information (optional)
- Effective date (Most people choose for their application to be effective at the time of filing)
- Name and signature of the person who filed your application
- Certificate of Existence from the jurisdiction where you incorporated your business
NOTE: If you have already started doing business in Texas, you will need to give the date when you started. If you’ve been doing business for more than 90 days, you’ll need to pay a late fee.
The state filing fee for the Application for Registration of a Foreign Corporation is $750 (plus a 2.7% convenience fee when paying online).
You can file the Application for registration by mail, fax, or online.
By mail:
Secretary of State
P.O. Box 13697
Austin, TX 78711
In person:
James Earl Rudder Office Building
1019 Brazos
Austin, Texas 78701
By fax:
512-463-5709
Online:
SOSDirect
After the Secretary of State’s office processes your application, you’ll receive an email confirmation (if filed online) or a stamped copy of the application (if filed by paper).
Let Us Handle the Paperwork
Foreign Registration + Texas Registered Agent Service
$125 + state fees
5. File Your Public Information Report Each Year
All corporations and LLCs registered in Texas, including foreign corporations, must file a Public Information Report with the Texas Comptroller each year. The purpose of the report is to confirm or update basic information about your business, like your mailing address and registered agent.
Foreign corporations with over $2.65 million in annual revenue may also be required to submit a Franchise Tax Report and pay the franchise tax. (Consult a tax attorney if you’re unsure whether you need to pay this tax.)
Both the Public Information Report and the Franchise Tax Report are free to file and are due on May 15 each year.
What happens if I don’t file the Public Information Report?
If you don’t file your Public Information Report within 60 days after the May 15th due date, you’ll receive a warning notice from the state. If you still don’t file within the next 60 days, your authority to do business in Texas will be revoked, and you’ll have to reinstate your foreign corporation.
Keep Your Business in Good Standing
Without Lifting a Finger
When you hire us for foreign registration or registered agent service, you’ll be enrolled in our Renewal Service at no upfront cost.
With Renewal Service, your Public Information Report gets filed on time every year without you even having to think about it, and you won’t have to worry about your business becoming inactive and needing to be reinstated.
Here’s how it works:
We’ll send you an email notification in advance of your Public Information Report/Franchise Tax Report due date, letting you know that we’ll be filing on behalf of your foreign corporation.
After a few days, we’ll file your report(s) and charge you $100, plus any state fees or taxes you owe. If you don’t want to use our Renewal Service, you can cancel it with one click in your online account.
Hire Us to Register Your Foreign Corporation
Hire us to register your foreign corporation for $125 + state fees. That includes a full year of TX Registered Agent Service (just $25/year after that).
1
Sign up for Foreign Registration
Once you order foreign registration service, you’ll be directed to your secure client portal, where you’ll be asked to confirm your business information. You have the option to use our Texas business address in all address fields.
Then, we’ll file your Application of Registration and upload the Secretary of State confirmation to your account. Your Texas registered agent service begins instantly!
2
Start doing business in Texas
Once the Secretary of State has approved your Application for Registration, you’re free to start doing business in Texas! Just don’t forget to obtain any business licenses or permits you may need.
3
We’ll file your compliance reports
As your registered agent client, you’ll be enrolled in our Renewal Service for annual compliance reports. We’ll send reminders before your Public Information Report (PIR) and/or Franchise Tax Report are due and then file the report on your behalf. This makes it easy to keep your corporation in good standing and avoid late fees and other penalties from the state.
Renewal service costs $100 + state taxes or fees (if applicable), charged when we file your report. If you prefer to handle your own compliance reports, it’s easy to cancel this service in your client account.
4
Your Texas Registered Agent Service renews annually
Our Foreign Registration Service includes a full year of registered agent service. 365 days later, your service will auto-renew for just $25. There are no cancellation fees if you decide to end your service early.
Texas Foreign Registration FAQ
You won’t need a general business license to operate in Texas. However, you will most likely need a Sales and Use Permit (apply with the Texas Comptroller). Depending on your industry and the type of business you own, you may need additional licenses or permits, such as a license to practice medicine or law, a cosmetology license, or a liquor license.
It’s also a good idea to reach out to your city or county government to learn about their licensing or permitting requirements.
Texas doesn’t have an individual or corporate income tax at the state level. However, starting in 2026, if your corporation makes over $2.65 million a year, you may be liable for the Texas Franchise Tax.
You’ll also most likely need to apply for a Sales and Use Tax Permit from the Texas Comptroller.
If you have specific questions about your tax obligations, we recommend contacting a tax attorney or CPA.
Expanding Your Business? We’re Here to Help.
Texas Foreign Registration & Registered Agent Service