How to Apply for an LLC in Texas

By April Kohl

An LLC is a business entity that offers a corporation's protection of limited liability for its owners, known as members, combined with a partnership or sole proprietor's operating flexibility. To create a Texas LLC, you must file a certificate of formation with the Texas Secretary of State. The secretary of state provides Certificate of Formation form 205, which meets minimum state law requirements.

An LLC is a business entity that offers a corporation's protection of limited liability for its owners, known as members, combined with a partnership or sole proprietor's operating flexibility. To create a Texas LLC, you must file a certificate of formation with the Texas Secretary of State. The secretary of state provides Certificate of Formation form 205, which meets minimum state law requirements.

Step 1

Decide on a name for your new LLC. Check that the name is available by performing a search of company names registered in Texas. Searches can be made on the website of the Texas Secretary of State. If your chosen name is available, ensure it is not too similar to any other registered company name. Texas state law does not allow names that may cause the public to mistake one company for another. When forming an LLC in Texas, you must include the phrase "Limited Liability Company," "Limited Company," or "LLC" after the business name.

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Step 2

Download a copy of Form 205 from the secretary of state website. Alternatively, contact the secretary of state and ask for a copy of the form. Complete the form, providing the name of the company, the name and address of its registered agent, and indicate whether the company will have managers or be run by its members.

Step 3

Submit the completed Form 205 to the Texas Secretary of State, along with a filing fee of $300. On receipt of the certificate of formation, which confirms your LLC has been formed, contact the IRS and request an Employee Identification Number (EIN) for the new company. There is no fee to receive an EIN for your LLC.

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How to Open an LLC in Texas

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How to Create an LLC in Texas

Creating a Texas LLC, or limited liability company, is accomplished by meeting the requirements of the Texas Business Organizations Code. The basic requirement is filing a certificate of formation with the Texas secretary of state along with the required fees. The secretary of state’s office provides a certificate of formation that meets the minimum requirements. The instructions provided with the certificate make it easy to create your LLC; however, you should consult with an attorney to determine whether your LLC should include more organizational structure, such as an operating agreement.

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