Navigating the State of Texas Business Registration and Ongoing Obligations

Before you can begin business registration in Texas, you must meet several prerequisites. These initial requirements ensure that your chosen entity name is unique in the secretary of state’s records and that you appoint a registered agent to receive legal notices on your entity’s behalf.

However, the Texas state business registration process isn’t the only requirement your entity must keep track of. Businesses must also fulfill ongoing obligations, such as paying franchise taxes, securing licenses, and establishing payroll tax accounts. Failure to adhere to these legal requirements would result in loss of good standing and affect your business’s reputation.

Many entities choose to partner with service providers like Harbor Compliance, which has expertise in navigating regulatory responsibilities, to help manage these responsibilities.

This article will guide you through the Texas business registration process and ongoing regulatory obligations.

Prerequisites Before Beginning the Texas Business Entity Registration Process

As long as the parties involved have the capacity to enter into a contract, Texas doesn’t place restrictions on who can form or own a business entity in the state. However, there are key prerequisites before filing formation documents. These include:

  1. Selecting an appropriate entity type
  2. Choosing a distinguishable business name
  3. Designating a registered agent

Selecting an Appropriate Entity Type

In Texas, business owners can choose from a range of entity types, including:

  • Sole proprietorships
  • General partnerships
  • Limited partnerships (LPs)
  • Limited Liability Partnerships (LLPs)
  • Corporations
  • Limited Liability Companies (LLCs)

Each of these entities provides different levels of liability protection and tax advantages, which can impact the business’s financial structure and risk management. As such, the Texas secretary of state recommends consulting with an attorney before filing any formation documents.

Furthermore, if your business offers professional services, such as healthcare, law, and engineering, you would be required to form a professional entity.

Choosing a Distinguishable Business Name

The name you select for your Texas business entity must be distinguishable from other entities registered in the state.

The secretary of state has several rules governing entity names and the discretion to determine whether a name differs from an existing name. Generally, a proposed name is considered distinguishable if it shows enough variance or if one or more of the following conditions is met:

  • A difference of at least one keyword
  • The keywords are the same but in a different order
  • The keywords are the same but appear in a different language
  • The keywords sound the same, but at least one has a different meaning or connotation
  • The keywords are the same except for changes in prepositions, which create a noticeable difference

In addition, certain entity types, such as corporations and LLCs, are required to include an organizational identifier. For instance, if you’re forming an LLC, your company’s name must contain “Limited Liability Company,” “Limited Company,” or an abbreviation like “LLC” or “LC.”

Designating a Registered Agent

Every business entity in Texas must designate a registered agent, who can be an individual Texas resident or a domestic or foreign entity qualified to operate in the state.

The registered agent’s primary role is to receive and forward legal notices on your business’s behalf. The agent must have a physical address in Texas, as P.O. boxes or telephone answering services are not acceptable.

Additionally, the registered agent must be present at the specified address during regular business hours so they can receive important communications promptly.

Completing the Texas State New Business Registration Process

The business registration process in Texas differs depending on the entity type you form. Sole proprietorships and general partnerships are not required to complete a formal Texas secretary of state business registration process. However, this requirement doesn’t apply to corporations, LLCs, LPs, and LLPs as they must file formation documents with the secretary of state.

Typically, the registration form for these entities will request essential details, such as:

  • The entity’s chosen name
  • The firm’s physical address
  • The name and address of the registered agent
  • Names of key members or managers

Texas Business Name Registration Process for Sole Proprietors and General Partnerships

Although sole proprietors and general partnerships in Texas aren’t required to file with the Secretary of State, they must file an assumed name certificate if they plan to use a fictitious name, also known as Doing Business As” (DBA).

This certificate should be filed with the county clerk’s office in the county where the business has a physical location. If the company doesn’t maintain a specific business premise, the assumed name certificate must be filed in each county where the business will operate under an assumed name.

Ongoing Obligations After the Texas Company Registration Process

Even after completing the Texas business registration process and filing any assumed name certificates, your entity must continue to meet certain obligations to remain in good standing in the state. These requirements include:

  1. Securing business licenses
  2. Filing annual reports
  3. Fulfilling tax obligations

Securing Business Licenses

In some U.S. states, businesses must secure a general business license, regardless of their products or services. Texas, however, does not impose this requirement on entities.

Instead, businesses may only need specific licenses or permits depending on the type of services they provide. For instance, if your entity offers professional services like engineering, you’ll need a firm license before you begin operation.

Additionally, most licenses must be renewed periodically. As such, keeping track of the renewal deadlines is important to ensure your entity can operate smoothly.

Filing Annual Reports

In Texas, certain entities must file annual reports to notify the state of any organizational changes. These requirements vary depending on the entity type as follows:

  • For-profit organizations and specific LPs subject to the franchise tax are generally required to file annually with the Comptroller of Public Accounts. This report usually details the names of the organization’s directors, officers, and managers at the time of filing.
  • Nonprofit organizations are only expected to file when they receive notice from the state, which will be sent to their registered agent. This notice will typically be issued no more than once every four years.
  • LPs exempt from franchise tax must file a report only upon receiving notice from the secretary of state, which is sent no more than once in four years.

Fulfilling Tax Obligations

Completing a company registration in Texas comes with several tax obligations, some of which include:

  • Franchise tax—This is a business privilege tax that all taxable entities formed, organized, or doing business in Texas must pay. It is a requirement for most companies and is based on revenue, with rates and thresholds set by the state.
  • Payroll tax—If you plan to employ staff in Texas, you will also be responsible for payroll taxes. In Texas, this tax is specifically the unemployment insurance tax, which funds unemployment benefits for eligible workers. To remit this tax, your company must establish a payroll tax account with the Texas Workforce Commission.

Streamline Your Texas SOS Registration and Ongoing Regulatory Obligations With Harbor Compliance

Setting up a business in Texas involves numerous requirements, even before the registration process begins. You’ll need to select an entity type, choose a distinguishable name, and appoint a registered agent. Even after registration, there are ongoing tasks, such as filing annual reports, securing licenses, and opening payroll tax accounts.

Rather than navigating these requirements alone, you should partner with Harbor Compliance to streamline the process. With expertise in regulatory landscapes, Harbor Compliance provides formation services for corporations and LLCs, ensuring that your documents are filed accurately with the Texas secretary of state.

Harbor Compliance can also handle your entity’s registered agent requirement. We have local offices across the U.S., enabling us to serve as your registered agent and receive legal correspondence on your firm’s behalf.

Furthermore, our support doesn’t end after the registration process. Our Managed Annual License Service helps obtain necessary licenses, such as those required in engineering, architecture, and construction industries, while our Payroll Tax Registration Service assists in setting up payroll tax accounts in the U.S.

With Harbor Compliance’s ongoing support, your business will remain in good standing, allowing you to focus on running it.

Overseeing Your Firm’s Tax and Licensure Workload With Harbor Compliance’s Software Suite

In addition to providing comprehensive filing support, Harbor Compliance understands that each client has unique needs. Some entities prefer to manage parts of their regulatory obligations independently, so we offer a proprietary Software Suite with modules designed to simplify entity, tax, record, and license management. This enables organizations to handle specific tasks in-house while still benefiting from our expertise.

Below is a table highlighting the functionality of the modules:

Tool Capabilities
License Manager It offers centralized storage for your firm and individual licenses. It provides access to Compliance Core, a nationwide search engine that finds licensure requirements for different industries.
Tax Manager It keeps track of local, state, and federal tax registration and exemptions. It provides centralized storage for tax filings.
Entity Manager Entity Manager allows full visibility of your entities and compliance status. It helps automate annual reports and compliance tracking. It also helps maintain good standing, avoid late fees and penalties, and ensure continuity through staff and vendor changes.
Records Manager This module helps you store the organizational documents specific to your type of entity. It lets you track ownership and leadership, as well as customize meeting notifications.
Requirements Research Engine It enables you to research licensing requirements prior to expanding your organization into new states/markets. Requirements Research Engine is a window into the proprietary reference database called LicenseIQTM, which contains detailed information about license requirements.

How To Order Harbor Compliance’s Business Registration Solutions

Harbor Compliance offers comprehensive support for businesses at any stage of their lifecycle. If you’re interested in our formation services, follow the steps outlined below to get started:

  1. Visit Harbor Compliance’s LLC formation or Incorporation page.
  2. Select Order Online.
  3. Provide your contact details.
  4. Submit your request.

If you require our business licensure and payroll tax registration solutions, you can order these services by following the steps below:

  1. Visit our Managed Annual License or Payroll Tax Registration Service page.
  2. Click on Order Online.
  3. Fill out the online form or the licensure or tax registration service with your contact details.
  4. Check out.

Finally, if you’d like to try our software suite, you can schedule a demo session with our team by following these steps:

  1. Visit Harbor Compliance’s Software Suite page.
  2. Select Schedule a Demo Session.
  3. Provide your business and contact information.
  4. Submit your demo request.

Additional Services Harbor Compliance Offers

Beyond assisting entities with filing formation documents, securing licenses, and setting up payroll tax accounts, Harbor Compliance provides essential ongoing support to help businesses meet other regulatory obligations.

The table below outlines the additional services we offer:

Service Category Services
Document filing and retrieval Certificate of good standing Drop-off Filing Articles of reinstatement
Entity lifecycle management DBA registration Amendments Name reservation Initial and annual reports
Beneficial Ownership Information (BOI) reporting BOI reporting
Nonprofit formation Incorporation 501(c) tax exemption Charitable registration

Texas Business Registration FAQs

Below, you’ll find answers to some common questions about the state of Texas company registration process. For more details, visit Harbor Compliance’s Information Center.

No. Sole proprietors in Texas do not need to submit a formal application to the secretary of state. However, they must file with the county clerk in their jurisdiction if they intend to use an assumed name.

Before beginning the business registration process in Texas, you must select an appropriate entity type, choose a distinguishable name, and appoint a registered agent to receive legal correspondence on your behalf.

Companies in Texas are required to secure the necessary permits and fulfill the franchise and payroll tax obligations. Some entities must also file annual reports informing the state about changes in the organization’s leadership.

Ready To Register Your Entity in Texas? Streamline the Process With Harbor Compliance

The Texas business registration process requires attention to detail. To remain in good standing, you’ll need a distinguishable entity name, a registered agent, and a plan for meeting various state obligations.

Managing these requirements alone can be challenging. However, partnering with experts like Harbor Compliance can simplify the process. Our team understands Texas’s regulatory landscape and offers comprehensive support for legal obligations and software solutions to streamline administrative tasks.

If you’re ready to get started, visit our Business Solutions page to order specific services, including Business formation ( LLCs, corporations, etc.), Registered Agent Service, Managed Annual License, and Payroll Tax Registration.

In the meantime, you can also use the Harbor Compliance Score™ to assess your current regulatory standing and schedule a demo to learn how our Software Suite works.

If you want to learn more about starting a business across the U.S., check out the table below:

State to Start Your Business Helpful Resources

Alabama

How to start a business

Alaska

How to start a business

Arizona

How to start a business

Arkansas

How to start a business

California

How to start a business