![]() ![]() 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. SOSDirect: Business Searches & Formations. ![]()
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