Texas residents can register a limited liability company (LLC) with one or more members. Businesses often opt to form an LLC rather than a corporation to obtain protection against personal liability for the LLC members. Texas businesses can register an LLC with the Texas Secretary of State. A Texas business should pick an LLC business name and then file the Texas LLC formation document provided by the Secretary of State.
Select a name for your Texas LLC. When constructing the name, you must include "Limited Liability Company," "Limited Company" or an abbreviation of one of those phrases.
Contact the Texas Secretary of State at 512-463-5555. Connect to "relay services" at 7-1-1 to request a search for name availability. You may also send an email to firstname.lastname@example.org. The Secretary of State will run a name search to ensure that your desired business name is not already registered by another LLC or company. You will receive preliminary authorization to use your LLC name if it is available.
Determine LLC membership and management. An LLC in Texas must have at least one member. The LLC has the option of assigning a manager. If the LLC has no manager, the member or members manage the LLC.
Access the Texas Secretary of State's "Form 205." This "Certificate of Formation--Limited Liability Company" form allows you to register a Texas LLC. You may use either this paper form or create an SOSDirect online account to form an LLC in Texas. The Secretary of State advises that the form provides the statutory legal minimum for filing and suggests that you consult with an attorney before filing your LLC. Fill out and print two copies of the LLC formation certificate.
Make out a check or money order, payable to the "Secretary of State." You may also order by Visa, MasterCard, Discover and LegalEase debit cards. Texas charges 2.7 percent extra when paying by credit card. As of 2010, the fee for Texas LLC registration is $300. You may also pay $25 for expedited service. The Secretary of State will process the certificate by the close of business on the day after receiving a filing with expedited service.
Mail in, fax or physically deliver both copies of the formation certificate and fee. Include a "Payment Form" when submitting by fax. Use the following contact information to submit the form and fee:
Texas Secretary of State P.O. Box 13697 James Earl Rudder Office Building 1019 Brazos St. Austin, TX 78701 Phone: 512-463-5583 Fax: 512-463-5709 sos.state.tx.us
Individuals licensed in a profession requiring a Texas professional license must form a professional limited liability company. Use "Form 206" to form a Texas professional LLC. Pay the same fees and use the same filing instructions as a regular LLC.
- Texas Secretary of State: Form 205--General Information and Certificate of Formation--Limited Liability Company
- Texas Secretary of State: SOSDirect
- Texas Secretary of State: Payment Form
- Texas Secretary of State: Form 206--General Information and Certificate of Formation--Professional Limited Liability Company
- texas proud image by buckwheat from Fotolia.com