How to Start an LLC in Texas

Starting a Limited Liability Company (LLC) in Texas is a straightforward process when you follow the necessary steps. This guide will walk you through the process of forming your Texas LLC, ensuring that you have a clear roadmap to success.

Step 1: Choose a Unique LLC Name

The first step is to choose a unique and distinguishable name for your LLC. The name must comply with Texas naming requirements, which typically include the inclusion of “Limited Liability Company,” “LLC,” or related abbreviations. Check the name’s availability using the Texas Secretary of State’s online database.

Step 2: Designate a Registered Agent

Every Texas LLC must have a registered agent with a physical address within the state. This registered agent is responsible for receiving legal documents and official notices on behalf of your LLC. You can choose an individual or a professional registered agent service to fulfill this role.

Step 3: File the Certificate of Formation (Form 205)

To officially create your Texas LLC, you’ll need to file the Certificate of Formation with the Texas Secretary of State. You can complete this form online via the Secretary of State’s website or submit it by mail. The form will ask for specific information, including:

• LLC name and type (domestic or foreign if registered in another state).
• Registered agent’s name and address.
• Management structure (member-managed or manager-managed).
• Contact information for the LLC’s organizer (the person or entity submitting the form).

Step 4: Pay the Filing Fee

Check the current filing fee for a Texas LLC Certificate of Formation on the Secretary of State’s website. You can pay the fee online or by mailing a check or money order along with your completed form.

Step 5: Consider an Operating Agreement (Optional)

While not legally required, it’s highly recommended to create an operating agreement for your LLC. This internal document outlines how your LLC will be managed, member roles, and operational procedures. It helps prevent disputes and provides clarity on business operations.

Step 6: Obtain an EIN (Employer Identification Number)

An EIN, also known as a Federal Tax Identification Number, is essential for tax purposes and banking. You can obtain an EIN for free from the Internal Revenue Service (IRS) by applying online, by mail, fax, or phone.

Step 7: Comply with Local and State Regulations

Depending on your business type and location, you may require various permits and licenses at the local, state, or federal levels. Ensure compliance with the Texas Comptroller of Public Accounts and local authorities.

Step 8: Understand Ongoing Requirements

Texas LLCs have ongoing obligations, including filing an annual report (Form 802) with the Secretary of State and paying franchise taxes. Staying informed about these annual requirements is essential to maintain your LLC’s good standing.

By following these steps, you can confidently start your LLC in Texas and enjoy the advantages of limited liability and operational flexibility. Keep in mind that regulations and fees may change, so always refer to the Texas Secretary of State’s website for the latest information and consider consulting legal professionals for personalized guidance. With your Texas LLC officially formed, you’re ready to embark on your business journey in the Lone Star State.