Get Texas 811 Form

When filling out the Texas 811 form, here are six important dos and don’ts:

• Do provide the correct legal name of the entity and its secretary of state file number.
• Do ensure that the registered agent has consented to serve in that capacity.
• Do check the entity name availability before submitting the form.
• Do include a tax clearance letter if the entity is not a nonprofit corporation.
• Don’t use this form if the entity was forfeited under the Tax Code.
• Don’t file more than one condition for reinstatement; select only one box.

What is the Texas 811 form used for?

The Texas 811 form, also known as the Certificate of Reinstatement, is used to reinstate the existence of a domestic filing entity that has been voluntarily or involuntarily terminated. It can also be used to reinstate the registration of a foreign filing entity whose registration has been revoked. The form meets the minimal statutory filing requirements as per Texas law.

Who can use the Texas 811 form?

This form is applicable for:

1. Domestic filing entities that have voluntarily terminated their existence.
2. Domestic filing entities that have been involuntarily terminated by the Secretary of State.
3. Foreign filing entities whose registration has been revoked.

However, it cannot be used if the entity's existence was forfeited under the Tax Code, or if it is a professional association that was terminated for failure to file an annual statement.

What are the time frames for reinstatement?

The time frames for reinstatement vary based on the type of termination:

• Voluntarily Terminated Domestic Entity: Must file the certificate no later than three years after termination.
• Involuntarily Terminated Domestic Entity: Can file at any time, but must do so within three years to be considered as having continued existence.
• Revoked Foreign Entity Registration: Must file within three years of the revocation date.

What information do I need to provide on the form?

When filling out the Texas 811 form, you will need to provide:

• The legal name and file number of the entity.
• The jurisdiction of organization and the date of organization or registration in Texas.
• The effective date of termination or revocation.
• The conditions for reinstatement, selecting only one option.
• Current registered agent and registered office information.

What is required for the registered agent and registered office?

The registered agent must be either a domestic or foreign entity registered to do business in Texas, or an individual resident of Texas. The entity cannot act as its own registered agent. The registered office must be a physical address where legal documents can be served during normal business hours, and cannot be just a mailbox or answering service.

Is a tax clearance letter necessary?

Yes, unless the entity is a nonprofit corporation, a tax clearance letter from the Texas Comptroller of Public Accounts is required. This letter confirms that the entity has met all franchise tax obligations. It is crucial to obtain this letter before submitting the Texas 811 form.

What are the filing fees associated with the Texas 811 form?

The filing fees vary based on the type of termination:

• $15 for reinstatement after voluntary termination.
• $75 for reinstatement after involuntary termination or revocation.
• $5 for reinstatement of a nonprofit corporation or cooperative association.

Fees can be paid by check, money order, or credit card, and additional fees may apply for credit card transactions.

How do I submit the Texas 811 form?

The completed Texas 811 form must be submitted in duplicate, along with the filing fee. You can mail it to the Secretary of State, fax it, or deliver it in person to the designated office in Austin, Texas. Ensure that all required information and documents are included to avoid delays in processing.

How to Use Texas 811

Filling out the Texas 811 form is an important step in reinstating your entity's status. Once completed, you will submit the form along with any necessary fees and documentation to the Secretary of State. Follow these steps to ensure you fill out the form correctly.

1. Entity Name and File Number: Write the legal name of your entity and its Secretary of State file number. If applicable, include the assumed name under which your foreign entity was registered.
2. Jurisdictional Information: Indicate the jurisdiction of organization and the date your entity was organized or registered in Texas.
3. Date of Termination or Revocation: Provide the effective date of your entity’s termination or revocation. If applicable, use the effective date from the certificate of termination.
4. Conditions for Reinstatement: Select the appropriate box that describes the grounds for reinstatement. You can only check one box. If uncertain, contact the Secretary of State for clarification.
5. Registered Agent and Registered Office: Provide the name and address of your registered agent. Ensure the registered agent is either a domestic entity or a resident individual. Do not use your entity’s name as the registered agent.
6. Tax Clearance: If your entity is not a nonprofit corporation, include a tax clearance letter from the Texas Comptroller of Public Accounts confirming all franchise tax liabilities are satisfied.
7. Execution: Sign the form. Ensure that the person signing is authorized to act on behalf of the entity. This signature affirms that the registered agent has consented to their role.
8. Payment and Delivery: Include the appropriate filing fee based on your entity type. Submit the completed form in duplicate, along with payment, to the Secretary of State via mail, fax, or in person.

Filling out the Texas 811 form can be a straightforward process, but there are common mistakes that individuals often make, which can lead to delays or complications. One significant error is failing to provide the correct entity name and file number. The legal name of the entity must match exactly with what is on file with the Secretary of State. Any discrepancies can result in the rejection of the form. It is crucial to double-check this information to ensure accuracy.

Another frequent mistake involves misunderstanding the conditions for reinstatement. The form requires applicants to select the appropriate box that corresponds to their situation. However, some individuals mistakenly check more than one box, which is not allowed. This can lead to confusion and a denial of the reinstatement request. It is essential to read the instructions carefully and select only one option that accurately reflects the circumstances surrounding the termination or revocation.

Many people also overlook the importance of providing accurate jurisdictional information. This includes the state or country of organization and the date of formation. Missing or incorrect details in this section can hinder the processing of the form. Ensuring that this information is complete and precise is vital for a successful reinstatement.

Additionally, applicants sometimes neglect to include a tax clearance letter when required. Unless the entity is a nonprofit corporation, a tax clearance letter from the Texas Comptroller is necessary to confirm that all franchise tax liabilities have been satisfied. Failure to provide this document can result in the rejection of the reinstatement application.

Another common oversight is not properly identifying the registered agent. The registered agent must be either a domestic entity or an individual resident of Texas. Some applicants mistakenly list the entity itself as the registered agent, which is not permissible. It is important to ensure that the registered agent's name and address are correctly filled out and that the agent has consented to serve in this capacity.

Moreover, individuals often forget to sign the form or fail to have it signed by an authorized person. The reinstatement request must be signed by someone with the authority to act on behalf of the entity. A missing signature can lead to delays in processing the application. Therefore, it is advisable to review the form thoroughly before submission to ensure all required signatures are present.

Lastly, many applicants do not pay attention to the filing fees associated with the reinstatement process. Each type of reinstatement has a specific fee, and failure to include the correct payment can result in the rejection of the form. It is crucial to verify the amount and method of payment to ensure that the application is processed without unnecessary delays.