To form a Limited Liability Company (LLC) in Texas, you must first select a name for your LLC. The selected name cannot be utilized by another business in Texas. To determine the availability of your selected name, you can search the Texas Secretary of State’s business name database.
Thereafter, you must appoint a registered agent to receive legal documents on behalf of the business pursuant to the Texas Business Organization Code. The registered agent can be an individual who resides in Texas, or a business entity authorized to do business in Texas.
To form an LLC in Texas, you need to file a Certification of Formation with the Texas Secretary of State. Pursuant to the Texas Business Organization Code, the Certification of Formation must include but not limited to the name of the LLC, registered agent, registered agent’s office, and business purpose. The Certificate of Formation can be filed online or by mail. The Certificate of Formation requires a filing fee of $300.00.
Although not required by the Texas Business Organization Code, it is highly recommended that an operating agreement is created for your LLC. The operating agreement is a legal document that outlines the ownership structure, management procedures, financial arrangements of the LLC and more.
After your Certificate of Formation is filed and operating agreement is prepared, you can obtain an Employer Identification Number (EIN). The EIN application can be found on the IRS webpage.
While these are the basic steps to forming an LLC in Texas, it is important to note that the process can become more complex depending on the specifics of your business.
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