Guide To Texas 68a Form: Know The Requirements

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In the state of Texas, there are numerous forms that are used for various purposes, including tax compliance, business registration, and personal identification. One such form is the Texas 68a form, also known as the Certificate of Authority. This form is required for foreign for-profit and non-profit corporations, limited liability companies, and limited partnerships that wish to transact business in the state of Texas. In this article, we will delve into the requirements and process of obtaining a Texas 68a form.

What is a Texas 68a Form?

The Texas 68a form is a Certificate of Authority that is issued by the Texas Secretary of State's office. This form is required for foreign entities that wish to conduct business in Texas. The form serves as proof that the entity has been authorized to transact business in the state. The Certificate of Authority is typically required for foreign entities that wish to:

• Conduct business in Texas
• Open a bank account in Texas
• Obtain a Texas sales tax permit
• Obtain a Texas employer identification number

Eligibility Requirements for a Texas 68a Form

To be eligible for a Texas 68a form, the foreign entity must meet certain requirements. These requirements include:

• The entity must be a foreign for-profit or non-profit corporation, limited liability company, or limited partnership.
• The entity must be in good standing in its home state.
• The entity must have a registered agent in Texas.
• The entity must have a business address in Texas.

Types of Entities that Require a Texas 68a Form

The following types of entities are required to obtain a Texas 68a form:

• Foreign for-profit corporations
• Foreign non-profit corporations
• Limited liability companies (LLCs)
• Limited partnerships (LPs)
• Limited liability partnerships (LLPs)

How to Obtain a Texas 68a Form

To obtain a Texas 68a form, the foreign entity must follow these steps:

1. File a Certificate of Authority: The entity must file a Certificate of Authority with the Texas Secretary of State's office. The certificate must include the entity's name, business address, and registered agent's name and address.
2. Pay the Filing Fee: The entity must pay a filing fee of $750.
3. Obtain a Registered Agent: The entity must appoint a registered agent in Texas. The registered agent must have a physical address in Texas and must be available to receive service of process.
4. File a Registered Agent Statement: The entity must file a Registered Agent Statement with the Texas Secretary of State's office. The statement must include the registered agent's name and address.

Benefits of a Texas 68a Form

Obtaining a Texas 68a form provides several benefits to foreign entities, including:

• Authorization to Conduct Business: The form provides proof that the entity is authorized to conduct business in Texas.
• Tax Compliance: The form is required for tax compliance purposes.
• Bank Account: The form is required to open a bank account in Texas.
• Sales Tax Permit: The form is required to obtain a Texas sales tax permit.

Common Mistakes to Avoid

When applying for a Texas 68a form, there are several common mistakes to avoid, including:

• Failure to File the Correct Form: The entity must file the correct form, which is the Certificate of Authority.
• Failure to Pay the Filing Fee: The entity must pay the filing fee of $750.
• Failure to Appoint a Registered Agent: The entity must appoint a registered agent in Texas.
• Failure to File a Registered Agent Statement: The entity must file a Registered Agent Statement with the Texas Secretary of State's office.

Conclusion

Obtaining a Texas 68a form is a crucial step for foreign entities that wish to conduct business in the state of Texas. The form provides proof that the entity is authorized to conduct business in Texas and is required for tax compliance, bank account, and sales tax permit purposes. By following the steps outlined in this article, foreign entities can ensure that they are in compliance with Texas law and can conduct business in the state.