Texas Secretary of State
The Texas Secretary of State is the state office most business owners deal with when forming or changing a Texas filing entity. It receives formation documents, maintains state business records, and provides the filing system used for many entity actions.
For a Texas LLC, corporation, or foreign filing entity, the Secretary of State record is only part of the compliance picture. The Texas Comptroller handles the franchise tax and Public Information Report cycle.
Duties
The Secretary of State maintains business filing records for Texas entities. That includes formation filings, registered-agent filings, assumed-name filings, amendments, conversions, terminations, reinstatements, certificates, and other entity records handled through the state filing system.
The office also provides business forms and filing channels. Many business filings can be made through SOSDirect, the Secretary of State's online filing system.
For a business owner, the practical point is simple: the Secretary of State creates and maintains the state entity record, while the company remains responsible for keeping its own internal records and tax calendar.
Texas Business Filings
A Texas LLC is formed by filing Form 205, the Certificate of Formation for a Limited Liability Company, with the Texas Secretary of State. The filing fee is $300.
A Texas corporation is formed by filing Form 201, the Certificate of Formation for a Corporation. The filing fee is also $300, and the filing can be made through SOSDirect.
Foreign entities use different registration forms. A foreign LLC uses Form 304, the Limited Liability Company Application for Registration, and a foreign corporation uses Form 301. The Texas filing fee for either registration is $750.
Registered Agent Records
Every domestic or foreign filing entity in Texas must maintain a registered agent and a registered office in Texas. The registered office must be a physical Texas address where service of process and official notices can be received during business hours.
The registered agent is not just a mailing preference. It is part of the state record for how legal and official notices can reach the company.
If the registered agent or registered office changes, Texas uses Form 401, Change of Registered Agent/Office. Texas lists a $15 filing fee for a non-nonprofit entity.
Certificates and Copies
The Texas Secretary of State also issues entity records after formation. A Certificate of Fact - Status confirms entity existence and authority to transact business in Texas. It is not the same document as the Texas Comptroller's certificate of account status.
Texas lists a $15 fee for a standard Certificate of Fact - Status and a $25 fee for a long-form Certificate of Existence that includes a list of filings.
Certified copies are also available through the Secretary of State. Texas lists certified copies at $1 per page plus $15 per certificate.
Secretary of State vs. Texas Comptroller
Do not collapse the Secretary of State and the Texas Comptroller into one office. They handle different parts of the business record.
The Secretary of State receives formation and entity filings. The Texas Comptroller handles franchise tax, the Public Information Report, and certificate of account status records.
That distinction matters after formation. Texas LLCs and corporations do not file a separate annual report with the Secretary of State, but they do have a franchise tax and Public Information Report cycle with the Texas Comptroller.