Register Your Foreign LLC in Texas
What’s a Texas Foreign LLC?
A Texas foreign LLC is simply an LLC that was formed in a state or jurisdiction other than Texas. It’s not necessarily an LLC formed in another country. An LLC formed in Texas is called a domestic Texas LLC.
Foreign LLCs that want to do business in Texas first need to file an Application for Registration of a Foreign LLC with the state and pay a $750 filing fee.
What counts as “doing business” in Texas”?
Texas law doesn’t define “transacting business,” but the Secretary of State website does provide some guidance to help you determine if you need to register your foreign LLC.
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 LLC’s activity counts as “transacting business,” it’s a good idea to consult an attorney.
Foreign Registration Service
$125 + state fees
- Fast Foreign Registration Filing
- Year of TX Registered Agent Service
- Secure Online Account for Document Storage
- Same-Day Scans & Instant Notifications
- Hundreds of Free State and Legal Forms
- Renewal Service Enrollment for PIR & Franchise Tax Report
- Lifetime Local Customer Support
How to Register a Foreign LLC in Texas
Learn step-by-step how to register your foreign LLC
1. Obtain a Texas Registered Agent
In order to do business in Texas, you’ll need a Texas registered agent. You can appoint an individual who lives in Texas or hire a Texas-based registered agent service. Your registered agent must:
- Have a physical street address in Texas, which goes on the public record
- Be present at their registered office address during normal business hours
- Accept service of process and other legal and Secretary of State notices in person
- Forward these notices to you promptly and confidentially
Most foreign LLCs hire a registered agent service, in order to guarantee they’ll receive any important notices without needing to be in Texas year-round.
2. Confirm That Your LLC Name is Available
In Texas, all registered business entity names must be unique. So, if another company—this includes both domestic Texas LLCs and foreign LLCs that operate in Texas—is registered under your company’s legal business name, you won’t be able to use that business name in Texas.
To find out if another business is using your name, you can use the Franchise Tax Account Status Search or call or email the Secretary of State’s office.
Your business name also needs to contain the words “limited liability company,” “limited company,” or an abbreviation thereof, such as “LLC.”
If your business name isn’t available or doesn’t meet Texas requirements for LLC names, you’ll need to register an assumed name (also known as a fictitious name or DBA). To do this, you’ll file an Assumed Business Name Certificate with the Secretary of State ($25 filing fee).
3. Obtain a Certificate of Existence
Before you can register your foreign LLC, you need to obtain a Certificate of Existence (also called a Certificate of Good Standing) from the state/jurisdiction where you formed your company. You’ll need to submit this certificate along with your Application for Registration.
The process to request a Certificate of Existence/Good Standing varies from state to state, but in most states you can apply for this certificate on the Secretary of State website (or the equivalent government agency in your state) and get it within a few days. You may need to pay a small filing fee (typically around $25).
When you hire us to form your LLC, we can obtain your Certificate of Existence for you.
4. File an Application for Registration of a Foreign LLC
Next, you’ll file Form 304 – Application for Registration of a Foreign Limited Liability Company with the Secretary of State’s office.
On your form, you’ll need to provide:
- LLC name
- Assumed name you’ll use in Texas, if applicable
- Federal Employer Identification Number (FEIN), if applicable
- State or foreign country where the LLC was formed
- Date of LLC formation
- Business purpose
- Date on which the LLC plans to begin transacting 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 address of each governing person in your LLC (managers or managing members)
- Effective date (Most businesses choose “when the document is filed by the Secretary of State”)
- Name and signature of the person filing your application
- Certificate of Existence from the jurisdiction where the LLC was formed
* If you are already doing business in Texas, put the date when you started. If you’ve been doing business in Texas for more than 90 days prior to registering, you’ll need to pay a late filing fee.
The state filing fee for the Application for Registration of a Foreign LLC is $750.
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
Let Us Handle the Paperwork
Foreign LLC Registration + Texas Registered Agent Service
$125 + state fees
5. Submit Your Public Information Report Each Year
The Public Information Report is a yearly filing that all registered Texas LLCs, including foreign LLCs, are required to file with the Texas Comptroller every year. This report ensures that the state has up-to-date contact information for your business.
You may also need to file a Franchise Tax Report. However, starting in 2026, only companies making over $2.65 million a year in revenue are required to file a Franchise Tax Report.
Both the Franchise Tax Report and the Public Information Report are free to file and due by May 15th 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 of the May 15 due date, you’ll receive a warning notice from the state. If you still don’t file within another 60 days, your LLC will be forfeited, and you’ll no longer be able to legally do business in Texas until you reinstate your foreign LLC.
To reinstate, you’ll need to submit all missing reports, taxes, and associated late fees. You’ll also need to obtain a Tax Clearance Letter from the TX Comptroller and file a Certificate of Reinstatement ($75) with the Secretary of State.
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 multiple reminders in advance of your Public Information Report/Franchise Tax Report due date. Then we’ll file your report(s) for $100 + any applicable state taxes or fees (charged at the time of filing). If you prefer to file on your own, simply cancel Renewal Service in your online account.
Hire Us to Register Your Foreign LLC
You can hire us to register your out-of-state LLC for $125 + state fees. That includes a full year of Texas Registered Agent Service (just $25/year after that).
1
Order Registration Service
Once you order Foreign Registration service ($125 + state fees), 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 Austin 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 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 file your compliance reports
As our 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(s) on your behalf. This makes it easy to keep your LLC 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
Texas doesn’t issue a general business license at the state level. However, almost all businesses in Texas need to apply for a Sales Tax Permit. You may also need licenses and permits specific to your industry, such as a state liquor license or a Retail Food Operation Permit.
You should also reach out to the city and county government in the place where you’re operating to learn about their local licensing requirements.
Foreign LLCs, like domestic LLCs in Texas, are required to file a Public Information Report with the Texas Comptroller each year. There is no fee to file this report.
Texas doesn’t have an individual or corporate income tax at the state level. However, if your annual revenue is over $2.65 million, you may be subject to Texas franchise tax. You’ll also most likely need a Sales and Tax Permit from the Texas Comptroller.
If you have specific tax questions, it’s best to consult a tax attorney or CPA.
Expanding Your Business? We’re Here to Help.
Texas Foreign Registration & Registered Agent Service