Texas Foreign Registration / Form 304
Texas Form 304, the foreign LLC application
Texas Form 304 is the Application for Registration of a Foreign Limited Liability Company: an LLC formed in another state files it with the Texas Secretary of State and pays $750. We prepare and file Form 304 for you for $199 plus that fee, or you can use the item notes below to complete it yourself.
Form 304 at a glance
- Who files
- An LLC formed outside Texas that transacts business here (a series LLC uses Form 313)
- State fee
- $750
- Late fee
- $750 per calendar year if filed more than 90 days after business began
- Attachments
- No home-state certificate
- Notary
- Not needed
- Filing
- SOSPortal, by mail, or in person in Austin
- Speed
- Expedite $50, typically 2 to 3 business days
Form 304, item by item
| Item | What goes in it | Watch for |
|---|---|---|
| 1. Entity name and type | The LLC's full legal name as its certificate of formation shows it | Name must meet Chapter 5, or the form cannot be filed |
| 2A. Designator | The name with an LLC designator added, if the legal name has none (BOC 5.056) | Only needed when the legal name lacks "LLC" or similar |
| 2B. Assumed name | A Texas-ready name, when the legal name conflicts with one on file | Also file Form 503; the county clerk version is not accepted |
| 3. Federal EIN | The nine-digit number from the IRS | If not issued yet, say so rather than leaving it blank |
| 4. Jurisdiction | Home state or country, and formation date, in the format shown | Copy the date from the formation document |
| 5. Existence | Confirmation that the LLC is validly in existence where it was formed | Pre-printed; make sure it is true before signing |
| 6. Purpose | The usual "any lawful business or activity under the law of this state" wording works | Must also be a purpose allowed at home |
| 7. Beginning date | The date Texas business began, or will begin | More than 90 days back triggers the late fee |
| 8. Principal office | Street or mailing address of the main office | Need not be in Texas |
| 9. Registered agent and office | A Texas resident or an entity registered here, at a Texas street address | Not the LLC itself; no mailbox or answering service |
| 10. Secretary of State as agent | Consent to the Secretary of State receiving service in the cases Section 5.251 covers | Pre-printed |
| 11. Governing persons | Name and address of each manager, or each member if member-managed; at least one | No "Mr." or "Dr."; one name per entry; public record |
After item 11 come a free-text supplemental section, the effective-date choice (on filing, a later date, or a future event) and the signature of an authorized governing person or official.
Attachments, and what to leave out
Form 304 goes in on its own. Texas does not want a certificate of good standing from the home state, and although the agent must have consented, the consent itself stays in your files. The instructions list three things that can get a filing rejected if included: the instruction pages, duplicate copies or personal identifying information.
Fee, payment and where to file
The filing fee is $750, plus late fees where they apply. Online through SOSPortal, pay by ACH or by card; card payments carry $0.25 plus 2.25% of the total, and evidence of filing arrives by email. On paper, a check or money order goes with the form to P.O. Box 13697, Austin, TX 78711-3697, or deliver it to 400 W. 15th St., Austin, TX 78701; evidence of filing then comes back by mail.
How long Form 304 takes
With the $50 standard expedite, the Secretary of State says filings are typically 2 to 3 business days. Next-day ($500) and same-day ($750) service apply to filings received by 12:00 p.m. The state does not publish a time for unexpedited filings, so we do not promise one.
Why Form 304 filings come back
- The name has no designator and item 2A is blank, or it collides with a name already on file and no assumed name was given.
- The LLC is named as its own registered agent, or the registered office is a mailbox or answering service.
- The late fee is owed but was not paid; the state can hold the registration until it is.
- Instruction pages, duplicate copies or personal identifying details were sent with the form.
- A series LLC used Form 304 instead of Form 313.
Filing Form 304 through us
Order online
Have the formation document to hand; most answers come straight from it.
We check the name
Designator, availability, and an assumed name if Texas needs one.
We complete every item
Including the beginning date, which we confirm with you before filing.
We file and pay
Through SOSPortal with the $750 fee.
You get the filed registration
With a note on the first Comptroller report.
Registered agent: first year included, then $149 a year
$199 plus the state fee, including your first year of registered agent service; after that the agent service renews at $149 a year.
Form 304 questions
Is Form 304 the Texas certificate of authority?
It is the application that replaced it. Texas now calls the result a registration.
Can I file Form 304 before the LLC has an EIN?
Yes. Note in item 3 that the number has not been issued.
Who signs Form 304?
Someone with authority to sign for the company, such as a manager or managing member.
One price for the whole filing
Register in Texas
Delaware or any stateTexas
$199
+ $750 state fee
- Form 304 for an LLC or Form 301 for a corporation, prepared from your answers
- Name check against Texas designator rules
- Filed with the Secretary of State through SOSPortal
- Our Texas registered agent, or one you name
- The approved registration sent to you
- Renewal: after the first year, the agent service renews at $149 a year
The state fee is passed through at cost. Checkout shows every line before payment. $199 plus the state fee, including your first year of registered agent service; after that the agent service renews at $149 a year.
Official sources
- Texas Secretary of State, Form 806 fee schedule (rev. 09/26)
- Texas Secretary of State, Form 304 instructions
- Texas Secretary of State, foreign entity FAQs
- Texas Secretary of State, Texas Express expedited filings
- Texas Comptroller, franchise tax
- Texas Business Organizations Code, Chapter 9 (foreign entities)
Ready to register in Texas?
Order online in a few minutes. We take it from there and send you the approved registration.