Edit, Download, and Sign the Form 304 Application for Foreign LLC Registration
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How do I fill this out?
Filling out Form 304 requires accurate information about your foreign limited liability company. Start by preparing the entity's legal name and formation details. Follow the instructions step-by-step to ensure compliance with Texas law.
How to fill out the Form 304 Application for Foreign LLC Registration?
1
Gather the full legal name of the foreign entity.
2
Provide the entity's jurisdiction of formation and date.
3
List the principal office address and registered agent details.
4
Submit the federal employer identification number (FEIN).
5
Indicate the purpose of business and beginning date of operations.
Who needs the Form 304 Application for Foreign LLC Registration?
1
Foreign LLCs intending to conduct business in Texas need this form.
2
Corporations that were established outside Texas and wish to enter the state must register.
3
Limited partnerships incorporated outside Texas seeking legal representation in Texas.
4
Real estate investment trusts operating externally but needing to transact in Texas.
5
Any foreign business wanting to enjoy liability protection under Texas law.
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What are the instructions for submitting this form?
To submit Form 304, complete the form accurately and ensure all required information is included. You may submit online to the Texas Secretary of State's website, or you can send it by mail to their office at P.O. Box 13697, Austin, TX 78711-3697. For additional help, contact the Texas Secretary of State's office or consult with a legal professional to ensure all steps are followed properly.
What are the important dates for this form in 2024 and 2025?
Important dates for submission of Form 304 include the end of fiscal quarters for tax compliance and annual renewal deadlines usually set by the Texas Secretary of State. Make sure to keep track of specific dates relevant to your business type for timely submissions.
What is the purpose of this form?
Form 304 serves as the official document required for foreign limited liability companies wishing to operate legally within Texas. By submitting this form, foreign entities can ensure compliance with state laws and benefit from the legal protections of doing business in Texas. This registration not only validates the entity’s status but also facilitates tax and operational rights within the state.
Tell me about this form and its components and fields line-by-line.
- 1. Entity Name and Type: Provide the full legal name of the foreign entity.
- 2. Assumed Name: If the legal name is unavailable, provide an assumed name.
- 3. Federal Employer Identification Number: Enter the entity's FEIN if available.
- 4. Jurisdictional Information: State where the entity was formed and its formation date.
- 5. Certification of Existence: Statement confirming the entity's status as a valid foreign entity.
- 6. Statement of Purpose: Describe the entity’s intended business activities.
- 7. Beginning Date of Business: Indicate when the entity began conducting business in Texas.
- 8. Principal Office Address: Provide the main address for the entity.
- 9. Registered Agent: Name the individual or entity designated as the registered agent.
- 10. Governing Persons: List the individuals who have authority in the company.
What happens if I fail to submit this form?
Failure to submit Form 304 could result in significant consequences for foreign entities. They may be barred from conducting business in Texas, facing civil penalties and other legal actions. It is critical to comply with submission requirements to maintain legal standing.
- Business Transactions Halted: Entities may not conduct business activities until registered.
- Legal Penalties: Civil penalties could amount to unpaid fees if registration is delayed.
- Inability to Sue: Failure to register may prevent the entity from pursuing legal action in Texas.
- Loss of Liability Protections: Unregistered entities may lose protections typically afforded to registered businesses.
- Reputational Damage: Beyond legal penalties, unregistered status can harm a company's reputation.
How do I know when to use this form?
- 1. Starting Business Transactions: When a foreign entity begins conducting business in Texas.
- 2. Changing Company Name: If the legal entity name needs to be modified to comply with regulations.
- 3. Updating Registered Agent: When there is a change in the registered agent for the entity.
- 4. Long-Term Operations: For foreign entities aiming for long-term business operations in Texas.
- 5. Merging with Local Entities: When foreign businesses merge with or acquire Texas-based entities.
Frequently Asked Questions
What is Form 304?
Form 304 is the application for registering a foreign limited liability company in Texas.
Who needs to fill out this form?
Foreign entities planning to conduct business in Texas are required to complete this form.
How can I edit the PDF?
Upload the PDF to PrintFriendly where you can make necessary changes easily.
Can I submit this form online?
You can edit and download the form, but check local guidelines for submission methods.
What if my entity name is not available?
You will need to choose an assumed name compliant with Texas regulations.
Is there a fee to register?
Yes, there is a registration fee and potential late fees if submitted past deadlines.
Do I need a registered agent?
Yes, your foreign entity must designate a registered agent in Texas.
What happens if I don't register?
You may be barred from transacting business and incur civil penalties.
How do I obtain a FEIN?
Contact the IRS or visit their website to apply for a Federal Employer Identification Number.
Can this form be used for series LLCs?
No, use Form 313 for series limited liability companies instead.
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