Registering a foreign LLC in Texas on your own

Collect these first; the portal asks for them one screen at a time and a missing answer means starting over later.

• The certificate of formation from the home state, for the exact name, jurisdiction and formation date.
• The EIN letter from the IRS, if you have it.
• The name and Texas street address of a registered agent who has agreed to serve.
• Each manager's (or managing member's) name and an address you are happy to make public.
• The date the LLC began, or will begin, business in Texas.
• A bank account for ACH, or a card if you accept the convenience fee.

Search the Secretary of State's records for your name before you begin. Each SOSPortal search carries a statutory $1 fee.

SOSPortal has its own login. An old SOSDirect or SOSUpload account does not carry over, so everyone creates a new one.

1. Open the portal, read the Rules of Use and select the button to access it.
2. On the sign-in screen, choose Create account below the email and password fields.
3. Enter your email and request a verification code; the email can land in a spam folder.
4. Type the code in and verify it. Codes expire after 10 minutes, so ask for a new one rather than retrying an old code.
5. Fill in your name, phone number, optional business name and mailing address, and choose a password of 8 to 64 characters with a lowercase letter, an uppercase letter, a digit and a symbol.
6. Create the account; a confirmation email follows and the dashboard opens.

The online application prompts for the same items as the paper Form 304, in the same order:

1. Name. The legal name as formed. If it lacks a designator, add one for Texas; if it is taken, enter an assumed name.
2. EIN. Or the note that it has not been issued.
3. Home jurisdiction and formation date.
4. Purpose. The "any lawful business" wording is fine.
5. Beginning date of Texas business. The date the late fee is measured from.
6. Principal office.
7. Registered agent and registered office. Choose an organization or an individual and give the Texas street address.
8. Governing persons. At least one, each with an address.
9. Effective date. Immediately, on a set date no more than 90 days after signing, or on a future event.
10. Signature. The name of the authorized person submitting it.

The Form 304 item guide explains each entry in more depth.

Download Form 304 from the Secretary of State, complete it, and mail it with a check or money order to P.O. Box 13697, Austin, TX 78711-3697, or hand it in at 400 W. 15th St., Austin, TX 78701. Send the form only: not the instruction pages, not a second copy, and nothing with personal identifying details. Evidence of filing then comes back by mail, and the Secretary of State says online filing is processed faster.

• Verification emails. Codes go to spam or expire. Company firewalls and mail filters can block the portal or its messages. The portal also needs a current Chrome, Edge or Firefox with JavaScript on.
• The name. A name that conflicts with one on file cannot be filed as is. Decide on an assumed name before you start, and remember the separate Form 503 filing ($25).
• The agent. Naming your own LLC, or a friend who has not agreed, is not allowed; a P.O. box or virtual mailbox is not a registered office.
• The beginning date. A date more than 90 days back adds $750 per calendar year, and the registration can be held until it is paid.
• Series LLCs. They file Form 313, not Form 304.