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Ranked as the top US state for companies, Texas is home to over 1.5 million small businesses. LLC entity structure is designed for small business.

Just $49 + State Fee

Create LLC in Texas

Benefits of a Texas LLC

Why choose LLC vs Corporation for new business in Texas?

Limited Liability Protection

Limited Liability Protection

LLCs are treated as a separate legal entity, giving members limited liability protection of their personal assets.

Pass-through Taxation

Pass-through Taxation

Taxes are not paid at the business level – instead, income and loss are reported on the members’ tax return.

Flexible Management

Flexible Management

Some LLCs are member-managed, similar to general partnerships, other LLCs are manager-managed.

Minimal Compliance

Minimal Compliance

LLCs generally have few state-mandated requirements with minimal accompanying paperwork.

Why Choose Filenow?

We help you navigate the process of starting a company with confidence, because we’ve done it before.

 

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We handle the incorporation, you run the business.

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LLC Requirements in TX

What to expect when filing Certificate of Formation for an LLC in Texas.

Certificate of Formation

Certificate of Formation is the document that must be filed with Texas Secretary of State to form your LLC. Filenow helps you prepare this document along with necessary paperwork.

LLC Name

Name of your LLC in Texas must contain words “Limited Liability Company” or the abbreviations “LLC,” or “L.L.C.”

Texas State Fees

Filenow will collect and pay Certificate of Formation State Fee on your behalf directly to the Texas Secretary of State.

Service Filing Times State Fee
Certificate of Formation 6 Days $301

How To Form an LLC in Texas

The process is easy when you know how — and with some help from Filenow!

STEP 1: Choose a Name

Choosing your company name is the first step to get your business off the ground. Follow these tips to ensure your new name complies with naming requirements:

  • Make sure your name includes LLC or L.L.C.
  • Do not confuse your LLC with a government agency
  • Restricted words could require additional paperwork
  • Read the Secretary of State’s Guidelines for naming rules
  • Always double check that the name is still available in Texas. You can do this by using the name search on the Texas Comptroller of Public Accounts Website
  • Check to see if the URL is still available. Plan to purchase this domain because in the future you will likely want to build a website.

STEP 2: Choose an Agent

This is required step to form your LLC. This can be an individual or business responsible for receiving legal documents on behalf of the business. You can elect an individual or yourself. They must be authorized to do business in Texas. The LLC can’t be its own registered agent.

STEP 3: Get a Texas Certificate of Formation

Below you will find the main items needed for the certificate

  • Company name
  • Registered Agent and Office
  • Governing Authority
  • Purpose
  • Supplemental/Provisional Information
  • Texas LLC Organizer
  • Effectiveness of Filing
  • Execution

STEP 4: Create an Operating Agreement

Not required, but it is best practice to obtain one. This will not be filed with a state agency. Your Operating Agreement for an LLC in Texas should include:

  • Members’ percentage interests in the LLC
  • Members’ rights and responsibility
  • Members’ voting powers
  • How profits and losses will be allocated
  • Rules for holding meetings and taking votes
  • Buyout, and what happens when a member wants to sell, dies, or becomes disabled

STEP 5: Obtain an EIN

Employer Identification Number (EIN) is used to identify your business entity. You should get an EIN if you plan on doing the following:

  • To open a bank account
  • Tax purposes
  • To hire employees

Additional Steps

  1. Open a bank account
  2. Obtain required business licenses
  3. File the Texas LLC Franchise Tax
  4. Pay tax on LLC income

FAQs

What is an LLC?

A limited liability company is the US-specific form of a private limited company. It is a business structure that can combine the pass-through taxation of a partnership or sole proprietorship with the limited liability of a corporation.

How much does it cost to form an LLC in Texas?

The cost of setting up an LLC in Texas is $300.

How long does it take to get an LLC in Texas?

This can vary depending on how far back Secretary of State is reviewing applications. It can take up to 5-7 business days.

Are there annual fees for an LLC in Texas?

There are no annual fees but you may need to file an annual franchise tax statement.

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