1. (a) Initial statement. To transact business in Texas, a foreign limited liability partnership must comply with the Texas Revised Partnership Act, Texas Civil Statutes, Article 6132b, §10.02. The secretary of state has promulgated a form for this purpose; however, use of such form is not mandatory. Applications submitted for filing with the secretary of state must be executed by a majority in interest of the partners or by one or more partners authorized by a majority in interest of the partners and must contain the following information:

   1. (1) the name of the partnership;
   2. (2) the federal tax identification number of the partnership;
   3. (3) the state of formation and the date of its initial registration as a limited liability partnership in that state;
   4. (4) a statement that the foreign limited liability partnership validly exists as a limited liability partnership under the laws of the state of its formation;
   5. (5) the street address of a partnership office in Texas and the street address of the partnership's chief executive office;
   6. (6) the street address of its proposed registered office in Texas and the name of its proposed registered agent in Texas at such address;
   7. (7) a statement that the partnership appoints the secretary of state as its agent for service of process under the circumstances set forth in §10.01(k), Texas Revised Partnership Act;
   8. (8) the number of partners in Texas at the date of application; and
   9. (9) a brief statement of the business in which the partnership engages.
2. (b) Name of the partnership. The name of the registered limited liability partnership shall contain the words "registered limited liability partnership" or "limited liability partnership" or the abbreviations "R.L.L.P.," "L.L.P.," "RLLP," or "LLP" as the last words or letters of its name. The secretary of state does not review the name of the partnership, or a change of name, to determine whether the name conforms with the entity name availability rules of §§79.30-79.54 of this title (relating to Corporations).
3. (c) Federal tax identification number. A partnership which has applied for, but not obtained, a federal tax identification number at the time of submission may provide a statement to that effect in its application for registration. Once the partnership has obtained its federal tax identification number, the partnership shall amend its application for registration to provide the identification number required under §10.02.
4. (d) Registered Office. The registered office address of the limited liability partnership must include a street or building address for purposes of providing the public with notice of the physical location at which process may be served on the registered agent; a post office box or lock box alone is not a sufficient address for the registered office. The address of a commercial business which provides "private mail box" services is not sufficient as a registered office address, unless the commercial enterprise is the business of the designated registered agent. If the registered office is in a city with a population of less than 5,000, the secretary of state will accept an address other than a street address for the registered office.
5. (e) Fee. The fee for filing a statement of foreign qualification or a renewal of foreign qualification is $200 per partner in Texas, but not less than $200 and not more than $750. In the case of a limited liability limited partnership, calculation of the filing fee would be determined by the number of general, not limited, partners in Texas at the time of submission.

6. (f) Partners in Texas. For purposes of this section, a partner is considered to be in Texas if:

   1. (1) the partner is a resident of the state;
   2. (2) the partner is domiciled or located in the state;
   3. (3) the partner is licensed or otherwise legally authorized to perform the services of the partnership in this state; or
   4. (4) the partner, or a representative of the partnership working under the direct supervision or control of the partner, will be providing services or otherwise transacting the business of the partnership within the state for a period of more than 30 days.

Source Note:The provisions of this §80.2 adopted to be effective February 18, 1998, 23 TexReg 1532.