Supplemental Provisions/Information: Additional space has been provided for additional text to
an item within this form.
Effectiveness of Filing: The application for registration becomes effective when filed by the
secretary of state (option A). However, pursuant to sections 4.052 and 4.053 of the BOC the
effectiveness of the instrument may be delayed to a date not more than ninety (90) days from the
date the instrument is signed (option B). The effectiveness of the instrument also may be delayed on
the occurrence of a future event or fact, other than the passage of time (option C). If option C is
selected, you must state the manner in which the event or fact will cause the instrument to take effect
and the date of the 90
day after the date the instrument is signed. In order for the certificate to take
effect under option C, the entity must, within ninety (90) days of the filing of the certificate, file a
statement with the secretary of state regarding the event or fact pursuant to section 4.055 of the
On the filing of a document with a delayed effective date or condition, the computer records of the
secretary of state will be changed to show the filing of the document, the date of the filing, and the
future date on which the document will be effective or evidence that the effectiveness was
conditioned on the occurrence of a future event or fact. In addition, at the time of such filing, the
status of the entity’s registration will be shown as “in existence” on the records of the secretary of
Execution: Pursuant to section 4.001 of the BOC, the application for registration must be signed by
a person authorized by the BOC to act on behalf of the entity in regard to the filing instrument.
Generally, a governing person or managerial official of the entity signs a filing instrument.
The application for registration need not be notarized. However, before signing, please read the
statements on this form carefully. The designation or appointment of a person as the registered
agent by a managerial official is an affirmation by that official that the person named in the
instrument has consented to serve as registered agent. (BOC § 5.2011, effective January 1, 2010)
A person commits an offense under section 4.008 of the BOC if the person signs or directs the filing
of a filing instrument the person knows is materially false with the intent that the instrument be
delivered to the secretary of state for filing. The offense is a Class A misdemeanor unless the
person’s intent is to harm or defraud another, in which case the offense is a state jail felony.
Payment and Delivery Instructions: The filing fee for an application for registration for a limited
liability company is $750. In addition, the foreign entity will be assessed a late filing fee for each
year of delinquency if the entity has transacted business in Texas for more than 90 days prior to
filing the application for registration. For purposes of computing the late filing fee, a partial
calendar year is counted as a full year. Fees may be paid by personal checks, money orders,
LegalEase debit cards, or American Express, Discover, MasterCard, and Visa credit cards. Checks
or money orders must be payable through a U.S. bank or financial institution and made payable to
the secretary of state. Fees paid by credit card are subject to a statutorily authorized convenience fee
of 2.7 percent of the total fees.
Submit the completed form in duplicate along with the filing fee. The form may be mailed to P.O.
Box 13697, Austin, Texas 78711-3697; faxed to (512) 463-5709; or delivered to James Earl Rudder
Office Building, 1019 Brazos, Austin, Texas 78701. If a document is transmitted by fax, credit card