How to File an LLC Certificate of Formation in Texas

Articles of Organization or a Certificate of Formation are the main documents used in establishing your LLC in Texas. The document is required to be filed with the Secretary of State in Texas. Each form has a long list of details to be shared by the limited liability company owner before sending or uploading the document.

On this page, LLCBuddy editors put all the information together about how to file the Certificate of Formation in Texas. There might be several ways to file the formation document, online, by mail, fax, or by in-person visit to the office. Let’s dig more to check the available and easy ways in Texas to file the Certificate of Formation while forming the LLC.

Certificate of Formation in Texas

The Certificate of Formation for an LLC is the most important document of all. In general, establishing an LLC is much simpler than other types of business structures, such as a corporation or partnership. Among a few mandatory documents to file, the Certificate of Formation is one of the main papers.

By submitting the Certificate of Formation, the LLC owners provide all sorts of information related to the LLC. Upon approval of the documents and information provided by the LLC, they can register their business with the Texas Secretary of State.

Each state has different requirements to fill out a form. The Certificate of Formation usually includes the following:

The name of the LLC in Texas,
The effective date of the LLC,
The company’s principal office,
The business purpose,
The duration of the business,
A copy of the LLC’s name registration certificate, and
The name and address of the Registered Agent, organizers, and
At least one member of the company

Note that the Certificate of Formation in Texas is a legal requirement, not to mention the core of your LLC. It even makes up the bulk of your Texas LLC cost. Without it, you have no LLC. So, take the time to complete and file this certificate.

How to File a Texas LLC Certificate of Formation

Filing an LLC Certificate of Formation with the State is easy. There are several ways to file it. As mentioned, the filing can be done online, by sending the PDF form by mail, or by other means (physical visit or fax). State-wise filing methods can be different. Alternatively, hiring a third-party service can make a lot of difference compared to doing it on your own. They help the LLCs to file documents easily without any complications. In Texas, the following methods are available.

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Step 1: Find Forms Online

Go to the Texas Secretary of State to download the Certificate of Formation form for your LLC or to log into the online service.

Offline Filing: Articles of Organization PDF Form
Online Filing: Articles of Organization Online Form

Step 2: Fill Out Form

When filling out the form, you must have reserved an LLC name. Do a name search. Go to the Texas LLC Name Search to check whether your chosen business name is available to use in this state.

You must attach a copy of your Name Reservation to your filled-out Certificate of Formation form when filing. You also need to mention the name and address of the Registered Agent in Texas. It is recommended to explore the best LLC services in Texas for hiring a professional registered agent and other formation-related services.

For the ones who are residing outside of Texas and want to set up a foreign LLC in Texas, you must file another type of document, similar yet different from the Articles of Organization. For filing a foreign LLC, you can explore the best LLC services that operate in 50 other states, along with Texas.

What information does the Certificate of Formation application need in Texas?

The application form for the Certificate of Formation needs to include the LLC name, date of establishment, the company’s registered office, business purpose, how long the business will exist, and a copy of the LLC’s name registration certificate.

Step 3: File Formation Certificates

File your formation certificate either online or by mail (whichever is available and convenient for you) by filling out the form and sending it to the Secretary of State, P.O. Box 13697, Austin, TX 78711-3697. For online filing, you must log in to the Texas Secretary of State or register with the portal. Submit the form online (if available).

Pay the required filing fee at the time of form submission to complete the LLC registration. For online filing, payment should be made using Credit or Debit Cards. For offline filing, payment should be made using a Cheque or in a Demand Draft (if available). Most states do not accept cash payments for security reasons. Check with the SOS before filing your document.

Cost of Filing Texas Certificate of Formation

LLC cost in Texas includes all types of fees, starting from the name reservation fee, DBA filing fee (varies by county), Registered Agent costs, and Certificate of Formation fee. In Texas, the filing fee for a formation document is $300. The standard fee for filing the Certificate of Formation allows one to file the LLC within the standard time. However, by paying additional fees, you can expedite the process, and it can be done as soon as within a few hours (depending on state rules).

Hiring a professional service can reduce some of the costs while forming an LLC. However, the state filing fee is mandatory and has to be paid at the time of registration. We recommend hiring ZenBusiness as it offers filing an LLC at $0 (plus state filing fee).

Amend Texas Certificate of Formation: Amending the articles of organization is required when any changes are made. Change of a registered agent, change of a physical address, or any information related to your existing LLC must be filed. Hence, you need to amend the Texas Certificate of Formation.

FAQs

What is a Certificate of Formation in Texas?

A Certificate of Formation is a legal document required to form a Limited Liability Company (LLC) in Texas.

How can I obtain a Certificate of Formation for an LLC in Texas?

You can obtain a Certificate of Formation by filing the necessary forms with the Texas Secretary of State.

Are there specific requirements for forming an LLC in Texas?

Yes, there are specific requirements that must be met in order to form an LLC in Texas, including choosing a unique name, appointing a registered agent, and filing necessary documents.

Can I form an LLC in Texas if I am not a resident of the state?

Yes, you do not need to be a resident of Texas to form an LLC in the state.

How much does it cost to file a Certificate of Formation for an LLC in Texas?

The filing fee for a Certificate of Formation in Texas is $300.

How long does it take to process a Certificate of Formation in Texas?

The processing time for a Certificate of Formation in Texas is typically 2-3 business days.

Do I need an operating agreement for my Texas LLC?

While not required by the state, it is highly recommended to have an operating agreement for your Texas LLC to establish ownership rights and operating procedures.

Can I change the name of my Texas LLC after filing a Certificate of Formation?

Yes, you can change the name of your Texas LLC by filing an amendment with the Texas Secretary of State.

What is a registered agent in Texas?

A registered agent is an individual or entity appointed to receive legal documents on behalf of an LLC in Texas.

Can I be my own registered agent for my Texas LLC?

Yes, you can serve as the registered agent for your Texas LLC, as long as you have a physical street address in the state.

Do I need to publish my Certificate of Formation in Texas newspapers?

No, Texas does not require LLCs to publish their Certificate of Formation in newspapers.

Do I need an EIN for my Texas LLC?

An Employer Identification Number (EIN) is required for LLCs with employees or multiple members in Texas.

Can an LLC have a DBA in Texas?

Yes, an LLC in Texas can have a “doing business as” (DBA) name in addition to its legal name.

Can I convert my Texas LLC to a corporation?

Yes, you can convert your Texas LLC to a corporation by following the procedure outlined by the state.

What is the annual franchise tax for LLCs in Texas?

The annual franchise tax for LLCs in Texas is based on the greater of 0.375% of net taxable assets or total revenue.

Can I have multiple LLCs in Texas?

Yes, you can have multiple LLCs in Texas, but each one must have a unique name.

How do I dissolve an LLC in Texas?

You can dissolve an LLC in Texas by filing the necessary forms with the Texas Secretary of State.

Can I reinstate a dissolved LLC in Texas?

Yes, you can reinstate a dissolved LLC in Texas by filing the necessary forms and paying any fees owed.

Do I need to file an annual report for my Texas LLC?

No, Texas does not require LLCs to file an annual report.

Can I form a series LLC in Texas?

Yes, Texas allows for the formation of series LLCs, which are a type of LLC structure that allows for separate divisions within the same entity.

What is a certificate of good standing in Texas?

A certificate of good standing in Texas is a document that verifies that an LLC is compliant with state regulations and up to date on any required filings.

Can I transfer my Texas LLC to another state?

Yes, you can transfer your Texas LLC to another state by going through a procedure called domestication or conversion.

Can I trademark my Texas LLC name?

Yes, you can trademark your Texas LLC name through the United States Patent and Trademark Office (USPTO).

Are there any additional taxes that LLCs in Texas need to pay?

Depending on the nature of the business, Texas LLCs may also be subject to sales tax, franchise tax, and other applicable taxes.

Can two LLCs have the same name in Texas?

No, Texas requires that each LLC have a unique name that is distinguishable from other entities registered in the state.

Do Texas LLCs need to have meetings and keep minutes?

While not required by law, it is advisable for Texas LLCs to hold meetings and keep minutes to maintain good corporate governance practices.

Can I be sued personally for actions of my Texas LLC?

In Texas, the members of an LLC are typically not personally liable for the debts and obligations of the company.

Can an LLC own property in Texas?

Yes, an LLC in Texas can own property, enter into contracts, and conduct business activities in its own name.

Can a non-US citizen form an LLC in Texas?

Yes, non-US citizens can form an LLC in Texas as long as they have a valid US address for the registered agent.

What is an LLC Certificate of Formation in Texas?

An LLC Certificate of Formation in Texas is a document filed with the Secretary of State to formally create a limited liability company in the state of Texas.

In Conclusion

The formation document, or the Certificate of Formation, is the main document you need while forming your limited liability company in Texas. Certainly, you must attach supporting documents such as a name reservation certificate, registered agent name and address, and others. In Texas, filing the Certificate of Formation is easy. However, mistakes can happen if you are a beginner or a first-time business filer. It is suggested to hire a professional service.

LLCBuddy editors recommend ZenBusiness, as it not only offers free LLC formation service ($0), but also offers other services such as Registered Agent, operating agreement, EIN, Certificate of Fact-Status for foreign LLC establishment, business name search, and many more.