How to Set Up an LLC in Texas

By Joseph Nicholson

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.

Step 1

Choose a Governing Authority. Your certificate of formation must list the persons with the responsibility of running the LLC. If your business is to have managers who are not members of the LLC, the names and addresses of all such managers must be provided in the certificate of formation. If the LLC will be operated by the members, all the initial members must be identified. An address is required for each governing person.

Step 2

Appoint a registered agent. An LLC consents to the personal jurisdiction of the Texas courts by appointing a registered agent and office where she may be served. The agent can be either a business entity registered to do business within the state or an individual resident of the state. The person who is appointed as the registered agent must have consented to this appointment in either written or electronic form, but need not be a member or manager of the LLC.

Ready to start your LLC? Start an LLC Online Now

Step 3

Establish an office. The office must be a street address located in Texas where service of process can be personally served on the registered agent during normal business hours. The office does not have to be the principal place of business, but a mailbox or telephone service does not meet the requirement of personal service.

Step 4

Choose a name. Your LLC must have a unique name. If the name of your organization is the same as or similar to any existing domestic or foreign filing entity, or name reservation or registration filed with the secretary of state, the certificate of formation will be rejected. A preliminary determination on the acceptability of your name can be provided by calling or emailing the appropriate division of the Secretary of State’s office (see Resources).

Step 5

File a certificate. Form 205 can be downloaded from the Secretary of State’s website (see Resources). In addition to the information already described, the certification of formation must state that the LLC will have a lawful business purpose recognized by the state, but the specific purpose need not be named. The default duration of a Texas LLC is perpetual, but an alternate duration can be provided. Additional space is provided for other supplemental provisions you might desire to include.

Ready to start your LLC? Start an LLC Online Now
Texas LLC Requirements



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.

Missouri LLC Statutes

The law relating to limited liability companies in Missouri is contained in Chapter 347 of the revised statutes, also known as the Missouri Limited Liability Company Act. Organizers must file the relevant documentation with the Office of the Secretary of State. If you intend to set up an LLC in the state, note that because of the Missouri Sunshine Law, all information set out in documentation filed with the Secretary of State is subject to public disclosure.

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 activity, such as a law firm. To form an LLC in Texas, the organizers must file articles of organization with the Texas Secretary of State’s office. The articles of organization include the guidelines that govern a company and contain basic information about the organization of the company, such as the registered agent and the registered office located within Texas. (Ref 2, 4)

LLCs, Corporations, Patents, Attorney Help LLCs

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 ...

How to Apply for an LLC in Texas

An LLC is a business entity that offers a corporation's protection of limited liability for its owners, known as ...

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 ...

How to Start a 501C3 in Texas

The Texas Business Organizations Code defines a nonprofit as a corporation that does not distribute any of its income ...

Browse by category
Ready to Begin? GET STARTED