Texas LLC Foreign Authority PDF

Quick answer

What is Form 304 used for?

Use Form 304 when an existing foreign limited liability company formed outside Texas needs authority to transact business there. The application does not create a replacement entity or move the home jurisdiction. It adds a Texas qualification record supported by the entity’s existing formation and status documents.

Use this form when

The entity already exists in another U.S. state or country, its business activity has been reviewed for Texas qualification, its home record is active, and an authorized person can support every name, date, office, agent, and governance statement.

Do not use it for

Do not use this application to form a brand-new Texas entity, reserve a name, register only a trademark, file an annual report, change an existing authority record, or decide whether the entity’s activity legally counts as transacting business.

Texas asks when the entity began or will begin transacting business in the state because late-registration consequences may apply. Do not guess this operational date; reconcile it with contracts, payroll, property, and professional advice.

What to prepare before filling Form 304

Build a foreign-LLC qualification file around the home entity record. Include filed organization evidence, a current status certificate when required, a name-availability result, agent appointment, business-activity timeline, governing-person information, and the resolution authorizing registration.

Name evidence for the foreign LLC's legal name and alternate Texas name, including the exact spelling, punctuation, and entity designator approved for use.
Agent consent and address evidence for federal employer identification number, checked against the official state record or the agent’s written instructions.
Authoritative records for home jurisdiction and formation date; do not copy an old marketing page or an unapproved draft.
A controlled source sheet covering Texas registered agent and office and showing who approved each value.
Supporting information for governing-person information, with roles and authority kept separate even when one person serves in several roles.
Execution and return-delivery details for first Texas transaction date and execution, plus the filed home-jurisdiction formation document and a current certificate of existence, good standing, or status when the instructions require one.

How to complete the fillable PDF reliably

1. Confirm the form and transaction

Check that Form 304 registers an existing foreign LLC in Texas; it should not say that it creates a domestic company. Compare the form edition with the current state page and review certificate-age, alternate-name, and late-registration instructions before ordering evidence.

2. Resolve the name and registered agent

Run a preliminary Texas name inquiry and confirm that the organizational designation fits the entity type. Do not rely on preliminary clearance for contracts, branding, or expenses; the Secretary of State makes the filing decision after submission. The Texas registered agent may be an eligible organization or a resident individual, and the registered office must be a Texas street address. The designated agent must have consented before the organizer or authorized person executes the form.

3. Fill a downloaded working copy

Prepare the application beside the certified home record, not from memory. Match legal name, jurisdiction, formation date, and status first; then add Texas agent, office, activity, and signer facts. Save and reopen the PDF before printing so conditional names and long foreign addresses remain visible.

4. Separate completion from authorization

Send the final application to a person authorized by the existing LLC's governing documents or resolution. Qualification authority comes from the home entity. A registered agent may accept appointment and a vendor may deliver the packet, but neither role alone supplies authority to certify the LLC's history.

Form-specific walkthrough

How to review the key fields on Form 304

The labels below follow the facts emphasized by this particular official form. They are review controls, not suggested answers. Use the company record named in each explanation and leave a decision unresolved until an authorized source supports it.

Field group 1

the foreign LLC's legal name and alternate Texas name

Copy the foreign LLC's legal name and alternate Texas name from the foreign LLC's current home-jurisdiction record into Form 304. Preserve every punctuation mark and designator, then handle a Texas alternate or fictitious name only in the dedicated conditional field. A qualification application should connect one existing legal entity to one state authority record; it should never make the entity appear newly formed or casually renamed.

Field group 2

federal employer identification number

Use written evidence for federal employer identification number and confirm that the appointment is effective when Form 304 reaches Texas. Foreign status does not relax the in-state office or consent rule. Keep the agent record separate from the LLC's home principal office, mailing address, member address, and filer-return address even if the same service provider helps coordinate several of those locations.

Field group 3

home jurisdiction and formation date

Reconcile home jurisdiction and formation date with the filed articles and current status certificate before typing Form 304. The home jurisdiction, formation date, duration, and legal name should tell one consistent history. If a conversion, merger, domestication, or amendment sits between the original formation and the current application, build a short entity timeline and obtain advice on which record Texas expects.

Field group 4

Texas registered agent and office

Support Texas registered agent and office with current operational records for the foreign LLC. On Form 304, distinguish a manager, member, authorized representative, principal office, and first in-state transaction date according to the exact label. Review contracts, payroll, property, personnel, and licensing events before stating when Texas activity began; an inaccurate date can affect fees or late-registration analysis.

Field group 5

governing-person information

Check governing-person information against the home LLC's operating agreement, resolutions, or other authority record. Qualification in Texas is executed on behalf of the existing company, so the signer of Form 304 needs present authority from that company. A filing vendor's access to the PDF or payment method does not by itself make the vendor a member, manager, or authorized signatory.

Field group 6

first Texas transaction date and execution

Package first Texas transaction date and execution with the exact supporting certificate and attachments required for Form 304. Record the certificate's issuing office and date, because Texas may apply a freshness limit. Scan the signed final set in filing order, preserve shipping or portal evidence, and use the accepted authority record—not the unfiled draft—as the reference for later compliance and registered-agent work.

Critical Texas rejection checks

01
Run a preliminary Texas name inquiry and confirm that the organizational designation fits the entity type. Do not rely on preliminary clearance for contracts, branding, or expenses; the Secretary of State makes the filing decision after submission.
02
The Texas registered agent may be an eligible organization or a resident individual, and the registered office must be a Texas street address. The designated agent must have consented before the organizer or authorized person executes the form.
03
Texas asks when the entity began or will begin transacting business in the state because late-registration consequences may apply. Do not guess this operational date; reconcile it with contracts, payroll, property, and professional advice.
04
Reconcile the foreign LLC legal name, jurisdiction, formation date, status certificate, alternate name, agent, governing data, and activity date. Every Form 304 identity fact should connect to the same continuing home entity.
05
Reopen Form 304 and inspect foreign addresses, conditional-name fields, checkboxes, jurisdiction text, and certificate references. Confirm the saved interactive values match the print preview and that the supporting certificate is current.
06
Use the execution rule for a foreign LLC already in existence. The Texas agent's consent, a manager or member's authority, and a filing vendor's delivery role are separate; do not transfer a signature or title from one role to another.

Public-record check

Names, addresses, governing persons, directors, officers, and filing text may be publicly accessible. Avoid adding personal tax identifiers or confidential governance material unless the official form specifically requires it.

How to file Form 304

File by an accepted Secretary of State route and follow the current fee and late-fee instructions. SOSDirect is a separate data-entry workflow, so do not upload this PDF there unless the agency expressly requests it.

Texas publishes interactive Adobe PDFs and also provides SOSDirect. The forms page expressly says not to attach the PDF when filing through SOSDirect, because the portal is a separate structured data-entry process.

Confirm the Texas filing route, fee, delivery address, status-certificate freshness window, original-signature rule, and any penalty instructions on the day the packet is assembled. Keep the supporting certificate attached to the exact application it was used to validate.

What happens after the filing?

Retain the Secretary of State acknowledgement and coordinate franchise-tax and public-information reporting with the Texas Comptroller. Maintain registered-agent consent and calendar any recurring Secretary of State or tax obligations.

When authority is issued, reconcile the foreign registration with the home record and operational timeline. Calendar Texas reports, taxes, licenses, registered-agent maintenance, and any publication duty while continuing the home jurisdiction's own good-standing obligations.

Official Texas PDF and filing guidance

Form 304 fillable PDF Texas Secretary of State instructions and forms

Clerks AI PDF skill

Map company records into Form 304

Give Clerks AI Form 304, the foreign LLC's filed record, status certificate, agent instructions, and approved qualification worksheet. It can map exact values and flag mismatches, but it cannot determine whether activity requires registration or cure late authority.

Get the AI PDF filling skill

Form 304 fillable PDF FAQ

Is this Texas PDF actually fillable?

Yes. Official PDF is an interactive Adobe form with printable controls. The link points to the government-hosted file reviewed on August 24, 2026. Download a fresh copy before each filing because the agency can replace a PDF without preserving its old edition.

Does fillable mean I can email the completed PDF?

No. An interactive field only lets you type before printing or submitting by an authorized route. Follow Texas Secretary of State instructions for mail, delivery, or the state’s separate online portal. Never assume an ordinary email or portal attachment creates a filing.

Is the registered agent the company owner?

Not necessarily. The registered agent is the person or eligible organization designated to receive official service and notices at the required in-state office. An owner may qualify in some states, but ownership alone does not satisfy consent, residency, eligibility, or physical-address rules.

Can a registered agent or filing service choose my answers?

A service may provide filing logistics and type facts you authorize, but capital structure, management, purpose, effective date, signer authority, and the decision to qualify are business or legal decisions. Supply approved records and obtain professional advice for questions the form instructions do not resolve.

Related company filing form guides

Texas · Form 205

Form 304 fillable PDF: Application for Registration of a Foreign Limited Liability Company