How to Form a Texas LLC

Created by FindLaw's team of attorney writers and editors.

Choosing a business structure is the first step after making the decision to start a business. The type of business structure you choose will influence the name of the business as well as the steps necessary to actually get it started.

While there are a number of options for business structures, one popular form of business is the limited liability company (LLC). An LLC can be described as a hybrid of a corporation and a sole proprietorship, and enjoys most of the benefits each of those businesses have to offer. The actual steps to start an LLC depend on state laws, but all states require certain forms to be filed with the appropriate government agency.

Read on to learn about how you can start an LLC in the state of Texas.

Requirements for Forming a Texas LLC

A Texas LLC is formed when a Certificate of Formation is filed with the Texas Secretary of State. This form must include the following information:

  • The name of the LLC;
  • The name and address of the registered agent, the LLC's governing person(s), and the LLC's organizer;
  • Whether the LLC will be manager-managed or member-managed; and
  • The effective date of the certificate.

You can conveniently find the necessary forms by visiting FindLaw's Texas LLC Formation Package.

While some states have residency requirements, Texas does not, so you don't need to be a Texas resident to form an LLC in the state. It's also not required for a Texas LLC to have an operating agreement, but it's a good idea to have one anyway since it sets out important details of the business.

How to Form a Texas LLC: The Basics

Forming an LLC requires that specific steps be taken, and failure to take these steps can result in problems in the future. In the following chart, you can find an overview of how to form an LLC in Texas and links to relevant statutes.

Statute(s) Texas Business Organizations Code, Title 3, Section 101.001, et seq. (Limited Liability Companies)
Step-by-Step Process of Forming an LLC

The following steps are required to form a Texas LLC:

  1. Choose a business name, which must not be used by another business in the state and give notice that it's a limited liability company.
  2. File Certificate of Formation with the Secretary of State and pay the required filing fee.
  3. Appoint a registered agent, who will be the person that would accept a service of process on behalf of the LLC.
  4. Comply with any state and local government license requirements.
  5. If the LLC will sell goods to customers in Texas, register with the Texas Comptroller of Public Accounts.
State Agency in Charge of LLC Formation

The Texas Secretary of State is the government entity in charge of business organizations in the state. Certificates of Formation can be filed online through SOSDirect.
Related Statute(s)

Texas Business Organizations Code

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

How to Form a Texas LLC: Related Resources

For additional information and resources related to this topic, please visit the links listed below.

Need Help Forming a Texas LLC? Talk to a Local Attorney

While the forms and information above provide a clear guide, it can be comforting to consult with a legal professional before starting a business. If you have questions about forming an LLC in Texas or would like some guidance with the process, it's a good idea to speak with an experienced business organizations lawyer near you.

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