Texas Certificate of Formation

Texas LLC Certificate of Formation is the foundational document required by the state for establishing a limited liability company, providing crucial details about its structure and operation; delve deeper into the key steps of forming an LLC in Texas to ensure your business's legal compliance and success.

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It can be an exciting day when you’re ready to file your business registration in Texas and make your business plans a reality. The first step to creating your LLC is filing a State of Texas Certificate of Formation with the Secretary of State. A Certificate of Formation provides the state and the public with important business information and lets the state know you’re ready to run an LLC. 

How to File Your Texas Certificate of Formation

Before you file your Certificate of Formation, it’s important to ask whether you have the necessary pieces in place to start an LLC. We can help you answer this important question with our TX LLC Certificate of Formation Service. Our service helps you understand what you need as an entrepreneur and helps you start your new venture quickly and easily!

Step 1: Submit your LLC’s official name

If you want to fulfill the LLC Certificate of Formation in TX requirements, your LLC needs to have an official name. You can get very creative with your official business name, but you need to play by a few state rules. Normally, a Texas LLC’s official name has to:

  • Include the phrase “limited liability company,” “limited company,” or an abbreviation of either
  • Be distinguishable from the other names on file with the Secretary of State
  • Exclude words that imply a false or unauthorized business purpose

Step 2: Provide a name and street address for your LLC’s Registered Agent and Registered Office

Your LLC has to designate a Texas resident or entity to receive service of process and legal documents for your LLC. This individual or entity is called a Registered Agent. An LLC’s Registered Agent can’t be the LLC itself. Your LLC’s Registered Office doesn’t have to be its principal place of business, but it must have a street address where someone can receive personal service of documents. 

There are multiple rules you have to follow when choosing a Registered Agent, and your Registered Agent must consent to their position. If you don’t have time to choose a qualified Registered Agent on your own, we can help you get it done. Our Texas Registered Agent Service can help you quickly find the right Registered Agent to suit your business’s needs. 

Step 3: State whether your LLC has any initial managers

An LLC can place its management needs in the hands of one or more managers, or it can enlist its members to be managers. If you’ve chosen for managers to manage your LLC at the time of formation, you need to indicate that on your Certificate of Formation. 

Step 4: Provide the names and addresses of your LLC’s initial managers or members

If your LLC has initial managers, you need to provide their names and addresses on your Certificate of Formation. If your LLC doesn’t have initial managers, you need to provide your members’ names and addresses on your Certificate of Formation. 

Step 5: State your LLC’s purpose

Your LLC needs to have a purpose, and you need to state that purpose on your formation documents. If you don’t have a specific purpose when you file your Certificate of Formation, you can state that your LLC’s purpose is to engage in any lawful activity. 

Step 6: Provide your LLC’s initial mailing address

An LLC needs to have an initial mailing address where the Texas Comptroller of Public Accounts can send tax information and correspondence. Unlike its Registered Office, your LLC’s initial mailing address can be a post office box. 

Step 7: State how long your LLC will last

Your LLC can run in perpetuity, or it can end on a specific date or when a specific event occurs. If you don’t want your LLC to last in perpetuity, you need to state how long your LLC will last on the Certificate of Formation. 

Step 8: Provide the name and address of your LLC’s organizer

Your LLC’s Certificate of Formation must be signed by an organizer. An organizer can be a legal entity or anyone over 18 with the capacity to enter into a contract. You must include your LLC organizer’s name and address on your formation document. 

Step 9: Choose when your LLC will officially start

You need to state on the Certificate of Formation whether you want the LLC to start immediately, start on a specific date within 90 days of filing, or start after a specific event occurring within 90 days of filing. 

Where to File Your Texas Certificate of Formation

You can file your Certificate of Formation online using the Secretary of State’s online portal, by mail, or in person. You must submit a duplicate of your Certificate of Formation if you file in person or by mail. You’ll also need to pay a filing fee using a personal check, money order, LegalEase debit card, or major credit card. 

What are the next steps? 

The work to get an LLC up and running is rarely finished after filing a Certificate of Formation. The following steps are often important to starting an LLC the right way. 

Create a Limited Liability Company Agreement

An LLC can benefit greatly from having a Limited Liability Company Agreement. Other states call this document an Operating Agreement. With an Operating Agreement, a Texas LLC can write its own business operation rules.

Default rules under Texas law dictate how you run your company when it comes to any issues you don’t cover in an Operating Agreement. Texas’s default rules might not be ideal for handling your LLC’s specific needs, so it’s usually best to write an Operating Agreement. If you need help with this important document, you can use our Operating Agreement Template for guidance. 

Apply for an EIN

If you run your LLC like a corporation, or if your LLC has more than one member, it needs to have an Employer Identification Number (EIN). EINs come from the IRS, and many businesses need them to properly pay federal taxes. If your single-member LLC isn’t required to have an EIN, this identification number can still be a crucial business asset. You can use an EIN to open a business bank account, credit card account, or insurance policy for your Texas LLC. Without an EIN, you would normally have to use your sensitive personal information to open accounts and policies. 

Applying for an EIN from the IRS can be another time-consuming task, but we can save you time with our Employer ID Number Service. Our service can obtain an EIN for you while you focus on other business matters that need your attention. 

We Can Help!

As a business owner, you’re probably going to feel like you have too much to do and not enough hours in the day. Our business formation and maintenance services can take that feeling away. We can even help you stay on top of your business’s finances and invoices with our ZenBusiness Money Service. And if you need help keeping your business legally compliant, you can use our Worry-Free Compliance Service. We aim to give you back time as an entrepreneur so you have the space to dream big. 

Texas Articles of Organization FAQs

  • You can change information on the Certificate of Formation for your LLC in Texas by filing a Certificate of Amendment.

  • You can end your LLC by filing two copies of a Certificate of Termination with the Secretary of State.

  • You can start a Texas corporation by filing a Certificate of Formation for corporations with the Secretary of State.

  • No, but it’s often best for your LLC to have one.

  • You don’t need an attorney to start an LLC. However, it’s a good idea to consult an attorney about your business options.

Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.

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Written by Team ZenBusiness

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