How to Create an LLC in Texas

By Joe Stone

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.

Step 1

Download Form 205 -- Certificate of Formation -- from the secretary of state's website. Also included with the download should be several pages of commentary and instructions.

Step 2

Insert the name of your LLC in Article 1 of the certificate. Your LLC's name must be unique and include words or an abbreviation indicating it's a limited liability company, such as LLC or L.L.C.

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Step 3

Insert the name of your LLC's registered agent and registered office in Article II of the certificate. Your LLC cannot be the registered agent. If an individual will act as registered agent, you must obtain the individual's written consent or electronic acknowledgment of the consent. The consent does not need to be filed with the certificate of formation. One of the duties of registered agents is to handle various legal documents on behalf of the company.

Step 4

Indicate in Article III whether your LLC will be governed by all members or a single manager or managers. The name and address of each governing person must be stated in Article III.

Step 5

Complete the certificate by inserting your name and address as organizer for the LLC and select the appropriate option for when the certificate is to be effective, such as on filing or a date within 90 days of filing. You must sign and date the certificate as the organizer.

Step 6

Submit the completed certificate to the secretary of state. You can mail it to P.O. Box 13697, Austin, TX 78711-3697 or fax it to 512-463-5709. If mailed, you must include a check for the filing fee. If faxed, your credit card information must be also be faxed using Form 807. As of November 2010, the fee is $300.

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