How to File a LLC With the Texas Secretary of State

One of 50 places to file as a LLC

A limited liability corporation, or LLC, is a cross between a partnership and a corporation. Owners of the LLC are called members and, through an operating agreement, create the rules, rights and responsibilities they have regarding the operation of the company. In Texas, those seeking to start a LLC can do so if the proper documentation is filed with the Secretary of State.

Instructions

1. Obtain a certificate of formation. This is the document you must file with the Texas Secretary of State to form a limited-liability corporation. The certificate of formation can be printed out at the Secretary of State's website (see Resource 1) or filled out online at SOSDirect, the Texas Secretary of State's online portal (see Resource 2).

2. Fill out all information on the certificate of formation, including the name of the registered agent and the business' address.

3. Pay the filing fee and file with the Secretary of State either by mail or the SOSDirect portal.

Tips & Warnings

• You should also consider drafting an operating agreement for your LLC. You may want to retain a lawyer for this. The operating agreement will establish the rights and responsibilities of the company's ownership. Texas law will govern these rights and responsibilities, void any operating agreement.

References

• NOLO: Online Texas LLC FAQ
• Texas Secretary of State: Selecting a Business Structure

Resources

• Texas Secretary of State: Index of Texas Business Organizations Code Forms
• Texas Secretary of State: SOSDirect, Fill Out Application Online