Texas Foreign Qualification

IncNow can help you get a Texas Foreign Qualification done correctly without the hassle. We handle the entire filing process, from verifying your company name to submitting your Application for Registration to the Texas Secretary of State.

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How to Foreign Qualify in Texas

Registering your business in Texas involves a few key steps. IncNow’s Incorporation Specialists can help you through the process and ensure your Foreign Qualification is done properly. Here’s a look at the process:

Obtain a Certificate of Good Standing

A Certificate of Good Standing, sometimes called a Certificate of Existence, is an official document from your business’s home state that proves your company is legally formed and compliant. 

Note: To be accepted by the state, the Certificate of Good Standing must be dated within 90 days of the filing date.

Check Name Availability

Before you can register, your company’s legal name must be unique and available for use in Texas. If another registered business is already using your name, you will need to operate under an “Assumed Name” (also known as a DBA).

IncNow’s team will conduct a name availability search with the Texas Secretary of State.  If your company’s name is taken, we will immediately notify you and assist with registering an Assumed Name.

Get a Texas Registered Agent

Texas law requires you to appoint a Registered Agent with a physical street address in the state to receive official legal and tax documents.

If you live in Texas, you can serve as your own Registered Agent. You can also hire a commercial registered agent to represent you.

File a Texas Application for Registration

This is the official form that registers your out-of-state business in Texas. It must be filed with the Secretary of State and requires precise details about your company, its governing persons, and your appointed Registered Agent.

The application requires the following details:

  • Your company’s exact legal name.
  • The state where the company was originally formed. 
  • The date when the company was formed. 
  • The name and address of the company’s Registered Agent in Texas.
  • The names and addresses of the company’s Members and Managers if an LLC, or Officers and Directors if a corporation.
  • The name and address of your company’s authorized signer.

You need to pay a filing fee in order to submit the Texas Application for Registration. The filing fee in Texas is $750 for foreign LLCs and corporations. State filing fees are included in the price of IncNow’s Foreign Qualification Service.

How IncNow Can Help

IncNow’s team prepares and files your company’s Application for Registration in Texas. We ensure all of your information is accurate to prevent rejections.

Maintain Your Good Standing in Texas

After registering in Texas, you will need to keep up with ongoing compliance requirements in the state. The Texas Secretary of State will send official notices regarding these requirements to your Registered Agent in Texas.

Please Note: IncNow’s service covers the successful initial filing of your foreign qualification. Ongoing compliance management is not included for Texas.

Get a Texas Foreign Qualification Today: $329 + state fees

Frequently Asked Questions

What is a Texas Foreign Qualification?

If your LLC or corporation was formed in another state, like Delaware, but you are going to be doing business in Texas, you will need to properly register your business there first. This process is called Foreign Qualification and it involves obtaining a Certificate of Good Standing, appointing a Registered Agent, and filing an Application for Registration.

What does it mean to be "doing business" in Texas?

The definition of “doing business” is generally pretty broad. It can also be different in each state. But in general, you will likely need to register your company in Texas if you do any of the following:

  • Have a physical location like an office, store, or warehouse in the state.
  • Have employees who work in Texas.
  • Regularly sell products or provide services to customers in Texas.

If you’re not sure whether your company is considered to be doing business in Texas, the safest bet is to file a Foreign Qualification. States often charge large penalties and fines if businesses do not properly register themselves. 

What is a Texas Certificate of Registration?

The Certificate of Registration is the official document you receive from the Texas Secretary of State approving your foreign qualification. This certificate is your official proof that your company is legally allowed to do business in Texas.

It’s helpful to think of the Foreign Qualification process in two parts. First, you file an Application for Registration, which is the form you send to the state with your company’s information. Once the state approves your application, they issue and send back the Certificate of Registration.

Who is considered a "governing person" on the Texas application?

A “governing person” is the official Texas term for an individual with the power to manage and direct a company. Who this includes depends on your business type:

  • For an LLC: The governing persons are its Members or Managers.
  • For a Corporation: The governing persons are its Officers and Directors.

The Application for Registration requires you to list the names and addresses for each of your company’s governing persons.

How much does it cost to foreign qualify in Texas?

The filing fee paid directly to the Texas Secretary of State is $750. This is the one-time fee the state charges to review and process your Application for Registration.

What is an "Assumed Name" and when would I need one in Texas?

An Assumed Name is like a nickname for your business. It’s a name you use in Texas that’s different from your company’s official legal name. This is also commonly known as a “DBA” (short for “Doing Business As”).

The main reason you would need an Assumed Name is if your company’s official name is already taken by another business registered in Texas.

Because no two businesses can have the same name, Texas would require you to choose a different, “assumed” name to use while operating in the state. Our filing process includes a name search to check if your name is available, and we can help you understand the next steps if it’s already in use.