is available in Texas, that is, is distinguishable in the records of the secretary of state from the name of any existing domestic or foreign filing entity, or any name reservation or registration filed with the secretary of state. does not contain any word or phrase that indicates or implies that the entity is engaged in a business that the entity is not authorized to pursue and.contains a recognized term of organization for the entity type as listed in sections 5.054 to 5.059 of the BOC.Some banks will not do business with an unregistered foreign entity, despite that BOC § 9.251 states that maintaining a bank account in this state is not, in and of itself, transacting business in Texas.Ī foreign entity registering to transact business in Texas must register under a name that:.HB 2503, passed in the 2011 Legislative Session, removes this requirement effective. It has been the practice of the Texas Department of Insurance to refuse a non-resident agency license for a foreign entity unless the entity has registered with the secretary of state.Section 201.102 of the Texas Finance Code requires an out-of-state financial institution to register with the secretary of state before opening a branch or other office in Texas.Other laws or circumstances may also be reasons for registration. any other foreign entity that affords limited liability under the law of its jurisdiction of formation for any owner or member.any other foreign entity that, if formed in Texas, would be formed as a corporation, limited partnership, limited liability company, professional association, cooperative, or real estate investment trust and.Section 9.001 of the Texas Business Organizations Code (“BOC”) requires the following types of foreign entities to file an application for registration with the Texas secretary of state if the entity is “transacting business” in Texas: states are foreign entities, as well as entities formed outside of the United States. If an organization was formed under, and the internal affairs are governed by, the laws of a jurisdiction other than Texas, the organization is a "foreign entity." We sometimes refer to foreign entities as out-of-state entities to reinforce the concept that entities formed in other U.S. Instead, it depends on where the entity was formed and what law governs its internal affairs. Whether an entity is domestic or foreign does not depend on the location of the principal business office. The secretary of state cannot advise you regarding whether your business qualifies for an exemption under Chapter 112.įor information regarding state tax issues for out-of-state businesses assisting with recovery, please see the Texas Comptroller of Public Accounts website. All exemptions under Chapter 112 of the Business & Commerce Code cease at the end of the disaster response period. Please see Form 3901 (PDF) for out-of-state businesses and Form 3902 (PDF) for affiliates of in-state businesses. If your out-of-state business is exempt, you may choose to file a notification statement with the secretary of state. Notice: Businesses performing disaster- or emergency-related work: Certain out-of-state businesses who enter the state to perform disaster- or emergency-related work in this state during a disaster response period are exempt from the requirement to register as a foreign entity pursuant to Chapter 112 of the Business & Commerce Code.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |