Texas Certificate of Authority

Related: Get a Texas Registered Agent

If your company was not incorporated in Texas, but you wish to do business there, you need to register as a foreign entity with the state.

Texas Foreign Qualification allows a company formed in Delaware or any other state to legally transact business in Texas.

Please note: information on this page is accurate to the best of our knowledge. However, requirements and costs can be changed by states at any time and Harvard Business Services cannot guarantee the accuracy of this information.

How to Get a Texas Certificate of Authority:

The Texas Secretary of State requires different forms and fees depending on what type of entity you are operating.

Requirements for LLCs:

• File Form 304: LLC Application for Registration
• Fee: $750
• In Texas, a Certificate of Good Standing is not required. 

Requirements for Corporations:

• File Form 301: For-Profit Corporation Application for Registration
• Fee: $750
• Form 302: Non-Profit Corporation Application for Registration 
• Fee: $25
• In Texas, a Certificate of Good Standing is not required. 

You must also appoint and list a Texas Registered Agent. The Registered Agent must be maintained at all times. Harvard Business Services can provide this service at a cost of just $99/year.

Harvard Business Services can assist with your application so you don’t have to deal with the Texas Secretary of State directly. We do charge our own fee for this service, in addition to state fees. The exact fee can vary based upon whether your company is already filed and whether you need us to obtain additional documents to meet the state’s requirements. Please contact us for an exact quote.

How Do I Know If I Need a Texas Certificate of Authority?

The most common reasons to apply for a Texas Certificate of Authority include:

• Opening a physical office or location
• Hiring employees
• Licensing authority
• Beginning a contract or job in the state 

Keep in mind that even if a Texas Certificate of Authority is not required for a specific activity, a bank, vendor or another party can still require one in order to establish a relationship.

Texas Annual Requirements

Once you've aquired Texas Foreign Qualification, state law requires Public Information Reports to be filed by all corporations, limited liability companies, and limited partnerships. These are to be filed when the annual Franchise Tax is paid to the Texas Comproller of Public Accounts. The public information report is due annually by May 15th and there is no fee affiliated with filing the report. 

If a non-profit corporation is exempt from annual public information reports, the TX Secretary of State may request periodic reports every four years. The due date varies based on request and the filing fee is $5. 

Please note that the Texas Foreign Qualification annual requirement is independent from requirements you may have in Delaware or other states.