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

By David Carnes

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.

Step 1

Determine the owners, who are known as members, of the LLC. A corporation may act as an LLC member.

Step 2

Select a registered agent and a registered office address. The registered agent is the person to whom all official communications from the state of Texas will be addressed; it is the person to whom a summons will be delivered if the LLC is sued. He need not be an LLC member, but must reside in Texas. You may choose a business entity, other than the LLC itself, as the registered agent, as long as it is registered to do business in Texas. The registered office address must be a street address, not a P.O. box or telephone answering service.

Ready to start your LLC? Start an LLC Online Now

Step 3

Choose a name for your LLC. The LLC name must not be identical to or confusingly similar to the name of any other entity operating in Texas; it must contain an indication of its limited liability status such as "LLC."

Step 4

Fill out and sign the Certificate of Formation, available on the website of the Texas Secretary of State (see Resources). The Certificate of Formation must include the names of the organizers, the members and the registered agent; the registered address; a description of the management structure; and the purpose and duration of the LLC. It is acceptable for an LLC to be formed for "any lawful purpose," and for its duration to be "perpetual."

Step 5

Mail the Certificate of Formation to the Texas Secretary of State at the address indicated on the website where you downloaded the form (see Resources). Include a filing fee of $300.

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



Related articles

Can I Create an LLC in Texas by Myself?

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.

Incorporating Vs. LLC

One of the most important initial decisions in starting a business involves deciding what type of business entity your new venture should be. Two options are corporations and limited liability companies, or LLCs. There are distinct advantages and disadvantages to each type with respect to personal control, taxation and personal liability.

How do I Change the Ownership of an LLC in Arkansas?

Arkansas law regulates the creation and maintenance of limited liability companies, or LLCs, organized in Arkansas. All LLC’s that conduct extensive business within Arkansas must register with the Arkansas Secretary of State by filing an Articles of Organization. Changes in the ownership structure of an LLC do not need to be filed with the Arkansas Secretary of State. However, if the change in ownership structure of an LLC affects the management of an LLC, the changes in the management structure must be noted in the annual franchise tax report to the Arkansas Secretary of State.

LLCs, Corporations, Patents, Attorney Help LLCs

Related articles

California LLC Set Up Requirements

A limited liability company is a special business entity that has similar advantages to corporations, sole ...

How to Change the Address on a Texas PLLC Incorporation

A professional limited liability company in Texas is a limited liability company that engages in a professional ...

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. ...

Do Members of a Foreign LLC Need to Be Authorized to Do Business in Texas?

Under Texas business law, all businesses that wish to conduct extensive business in the state of Texas must be ...

Browse by category
Ready to Begin? GET STARTED