Opinion No.

The Honorable Hope Andrade Texas Secretary of State Post Office Box 13697 Austin, Texas 78711-3697

Re: Circumstances under which a foreign business entity is required to register with the Secretary of State (RQ-0778-GA)

Dear Secretary Andrade:

You ask whether a foreign business entity is "considered to be transacting business in Texas" under specific circumstances such that it would be required to register with the Secretary of State's office under chapter 9 of the Business Organizations Code.1 TEX. BUS. ORGS. CODE ANN. §§ 9.001-.301 (Vernon 2008).2 Section 9.001 provides that "[t]o transact…