Can I Create an LLC in Texas by Myself?

By Lauren Miller

Seeking the counsel of a lawyer and an accountant can help you navigate the steps to form a limited liability company (LLC) in Texas. However, hiring professionals to help you start an LLC is not a requirement. You can form an LLC on your own if you abide by the provisions in the Texas Business Organization Code (BOC) enacted in January 2010.

LLC Name

The state has specific requirements regarding LLC names. Make sure that your name includes the words “limited company” or “limited liability company.” An abbreviation of those words is acceptable. The state provides an online document outlining business entity naming requirements and restricted words (see Resources). Your name cannot be the same as, or similar to, another business in Texas. To find out if the name you want to use is available, call 512-463-5555 and dial 711 for relay services. Your name should also not infringe upon a federally registered trademark. The U.S. Patent and Trademark Office provides a trademark name search (see Resources).

Registered Agent

The Texas BOC requires that every LLC maintain a registered agent in the state to receive notices from the state and legal process documents. This person or business entity must have an office with a physical address within Texas. An individual must be a resident of Texas and a business entity must be authorized to conduct business in the state. The address of the registered agent and the business office of the LLC can be the same.

Ready to start your LLC? Start an LLC Online Now

Certificate of Formation

The main document required to create an LLC in Texas is called the certificate of formation. This document is available online for printing or can be submitted online via a web-based form through the state’s SOSDirect system. The document that you download has detailed instructions on how to fill out the form. The information required includes the LLC name, the registered agent name and street address, information on whether or not the LLC will have managers, the purpose of the company, the name of the organizer, and the effective date of LLC formation. The organizer is the name of the person who files the document. The certificate can be mailed or faxed to the secretary of state’s office in Austin. The filing fee for the certificate of formation is $300.

Franchise Tax

Texas imposes a state franchise tax on LLCs. The company must file a franchise tax report annually. The Texas comptroller’s officer has a toll-free number for businesses who need assistance in preparing a franchise tax report. Walk-in assistance is available at over 30 field offices around the state (see Resources).

Ready to start your LLC? Start an LLC Online Now
How to Apply for an LLC in Texas

References

Resources

Related articles

How Do I File an LLC With the Texas Secretary of State?

A limited liability company (LLC) is a form of business organization that has features of both a corporation and a partnership. It offers its owners limited liability, pass-through taxation and flexible operating procedures. LLCs are established under state law. In Texas, the Office of the Secretary of State administers LLCs.

How to Set Up an LLC in Texas

A Texas LLC, or limited liability company, is created by filing a certificate of formation with the Secretary of State. Form 205, available on the Secretary of State’s website, meets the minimum requirements of Title 3, Chapter 101 of the Texas Business Organizations Code. The form can be mailed to the Secretary of State’s office in Austin, hand delivered or faxed. As of November 2010, the filing fee for the form is $300.

California LLC Filing Requirements

A limited liability company, or LLC, provides the small business owner with the security of limited liability for the debts of the company and the flexibility of a partnership or sole proprietorship's less stringent operating requirements. As a result, the LLC is often the perfect option for people looking to start a new company.

LLCs, Corporations, Patents, Attorney Help

Related articles

Cost of Starting an LLC in California Compared to Nevada

Compared to starting a corporation, forming a limited liability company (LLC) is relatively inexpensive. However, ...

How to Set Up an LLC in Illinois

In Illinois, forming a limited liability company (LLC) requires submitting forms to the secretary of state's Department ...

How to Create an LLC in Georgia

Nearly 280,000 LLCs are registered in the state of Georgia as of 2010. Forming an LLC in the state is a relatively ...

How to Form a Sub S Corporation in Texas

The term “Sub S Corporation” is a short for a corporation that has elected to be taxed under Subchapter S of the ...

Browse by category
Ready to Begin? GET STARTED