This page has been created to assist the incorporators of professional, non-profit, and profit corporations as they navigate through the Texas Secretary of State registration process. We’ve included a step by step guide for all three entity types, covering both the online and the paper filing procedures. Online filers should be aware that in order to use the Secretary of State business filing portal, they will first need to create an account. Whether filing online or through the mail, it will be necessary for you to provide the fee of $300 if you’re forming a for-profit or professional entity and $25 if you’re creating a new, non-profit business.

Prior to registration, it’s a good idea to make sure your name is available for use in the state of Texas by performing a Business Entity Search. Furthermore, it may be wise to reserve your corporate name, the process for which has been detailed in our tutorial linked here.

How to File a Professional or Profit Corporation (Online)

Step 1- If you are filing online, you will first need to create your account. Once this has been accomplished, navigate to this webpage, supply your login credentials and click Submit.

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Step 2- The method of payment as well as your contact information should be supplied on this page. This will include your name, phone number, fax (optional), email and client reference (also optional).

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Step 3- Your payment information will need to be submitted next. They will ask that you include the following:

  • Card type
  • Card number
  • Expiration date
  • Security code
  • Business name or individual name
  • Full address
  • Phone number

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Step 4- Once logged in, you will be notified of your session code. Click on the Business Organizations link to access the online business filing options.

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Step 5- Select the domestic profit or professional corporation option from the drop down menu and click File Document.

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Step 6- Select the Certificate of Formation option from the drop down menu and click Continue.

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Step 7- Provide the corporation’s name into the field. You may also perform a name availability search at this juncture if you haven’t done so already.

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Step 8- The registered agent name and address should be provided at this point. You will also need to select the manner in which they will indicate their consent.

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Step 9- Provide the name and address of each director on the board. When each individual has been supplied, you may continue.

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Step 10- You will need to supply the total number of authorized shares and the par value of each of such shares (if applicable). If the shares are to be divided into classes, you must show the designation, number of shares and par value of each class. If shares of a class are to be issued in series, provide the designation of each series. Any provisions relating to the class or series of shares can be supplied in the supplemental information section on the next page.

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Step 11- The below step is only present in the application of a professional corporation. Supply the purpose for which the corporation is organized by submitting the profession of the corporation into the provided field.

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Step 12- Supply all additional provisions or information if necessary. You may also attach any documents needed at this juncture (though not required). Click Continue when ready.

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Step 13- The name and address of the organizer should be entered here.

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Step 14- Type your name as the authorized organizer to provide your signature. If you wish to have a delayed effective date, you will be able to supply it at this point.

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Step 13- This final page will allow you to enter all the information that you submitted in the previous articles. Click Submit Filing when you are certain that all information is accurate to officially send the form to the Secretary of State and to pay the filing fee.

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How to File a Non-Profit Corporation (Online)

Step 1- To log into your account, enter your user ID and password into the empty fields on this webpage. For those without an account, review our free tutorial on the registration process here.

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Step 2- Supply the payment method for the filing fee here followed by your contact information.

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Step 3- Your payment information will need to be submitted next. They will ask that you include the following:

  • Card type
  • Card number
  • Expiration date
  • Security code
  • Business name or individual name
  • Full address
  • Phone number

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Step 4- Once logged in, select the Business Organizations link at the top of the page.

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Step 5- Using the drop down menu on this main page to select the non-profit corporation filing option.

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Step 6- Select the Certificate of Formation option here.

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Step 7- The first article will have you submitting the corporate name. If you wish, you may perform a name availability search at this point.

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Step 8- Submit the registered agent name and office address into the empty fields.

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Step 9- Describe the nature of the management as the corporation is either member managed or managed by a board of directors. If the latter is the case, provide the names and addresses of at least three directors. Otherwise, select the option and proceed to the next step.

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Step 10- Indicate whether the corporation is to have members or not and supply the purpose for which the entity was organized.

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Step 11- Any supplemental provisions or information can be supplied at this point. Also, a letter of consent or other document can be attached to the filing if deemed necessary.

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Step 12- Supply the name and address of the organizer.

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Step 13- Here you can sign the document by typing your name as organizer. A delayed effective date can be submitted here as well.

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Step 14- On this final page, you will be able to review all information submitted into the previous articles. Providing that it all seems accurate, click on the Submit Filing link to deliver your completed document and filing fee to the Secretary of State.

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How to File a Profit Corporation (PDF)

Step 1- You may file for a profit corporation by first downloading the Certificate of Formation For-Profit Corporation.

Step 2- Once opened in your PDF reader, provide the following information:

Page 1

  • 1- Corporate name
  • 2A- Registered agent name if an organization
  • 2B- Registered agent name if an individual
  • 2C- Business address of registered agent and registered office address
  • 3- Name and address of each director (continued on page 2)

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Page 2

  • 4- Total number of authorized shares
  • 4A- Select if there shall be a par value and provide the par value
  • 4B- Select if there shall be no par value
  • Supplemental provisions/information

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Page 3

  • Name and address of organizer
  • When the filing should be effective and, if applicable, the event which will put the filing into effect
  • Date of execution
  • Signature of organizer
  • Printed or typed name of organizer

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Step 3-  Once you’ve completed all three pages, print them off and provide your signature as organizer. You will need to then make an additional copy and prepare the filing fee. The $300 fee can be paid by check, money order or credit card (card payment made possible through this document). To submit the forms, you may send them through the mail to the first address below, deliver them by hand to the second or send them via fax to (512) 463-5709.

Address 1:

Secretary of State

P.O. Box 13697

Austin, TX 78711

Address 2:

James Earl Rudder Office Building

1019 Brazos

Austin, Texas 78701

How to File a Professional Corporation (PDF)

Step 1- First download the PDF of the Certificate of Formation here.

Step 2- Enter the following information into the document’s empty fields:

Page 1

  • 1- Corporate name
  • 2A- Registered agent name if an organization
  • 2B- Registered agent name if an individual
  • 2C- Business address of registered agent and registered office address
  • 3- Name and address of each director (continued on page 2)

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Page 2

  • 4- Total number of authorized shares
  • 4A- Select if there shall be a par value and provide the par value
  • 4B- Select if there shall be no par value
  • 5- Professional service to be provided by the corporation
  • Supplemental provisions/information

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Page 3

  • Name and address of organizer
  • When the filing should be effective and, if applicable, the event which will put the filing into effect
  • Date of execution
  • Signature of organizer
  • Printed or typed name of organizer

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Step 3- Once you’ve completed the PDF, you will be able to print it off, provide your signature and make a duplicate copy. Attach to the two copies, a check, money order or completed credit card payment form to cover the $300 filing fee and send the filing package through the mail to the first address below. Alternatively, you can hand deliver it to the second address or fax it to this number: (512) 463-5709.

Address 1:

Secretary of State

P.O. Box 13697

Austin, TX 78711

Address 2:

James Earl Rudder Office Building

1019 Brazos

Austin, Texas 78701

How to File a Non-Profit Corporation (PDF)

Step 1- First you will need to download the Certificate of Formation Nonprofit Corporation.

Step 2- Next, enter the following information into its fields:

Page 1

  • 1- Corporate name
  • 2A- Registered agent name if an organization
  • 2B- Registered agent name if an individual
  • 2C- Business address of registered agent and registered office address
  • 3- If management is to be vested in the board of directors, the name and address of each director. If not, select the box on page 2 that indicates that this is the case

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Page 2

  • 4A- Select if nonprofit shall have members
  • 4B- Select if nonprofit shall not have members
  • 5- Corporate purpose

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Page 3

  • Name and address of organizer
  • When the filing should be effective and, if applicable, the event which will put the filing into effect
  • Date of execution
  • Signature of organizer
  • Printed or typed name of organizer

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Step 3- Once the application has been completed, you will be able to attach the filing fee ($25) in the form of a check, money order or payment form. Send the initial application, a duplicate copy and the filing fee to the below address by mail. Alternatively you may deliver it by hand to the second address or fax it to (512) 463-5709.

Address 1:

Secretary of State

P.O. Box 13697

Austin, TX 78711

Address 2:

James Earl Rudder Office Building

1019 Brazos

Austin, Texas 78701

Tips

EIN– You will need to apply for an Employer Identification Number once you’re completely filed with the Secretary of State. This number is used by the IRS to identify corporations, companies and any other tax withholding entities. Consider it the corporate equivalent of a Social Security Number. You will be able to perform all varieties of financial transactions under the corporate name once this number has been acquired. Review the tutorial linked at the beginning of this paragraph to educate yourself on the application process that is available both Online and through the mail (PDF linked here).

Corporate Bylaw– Although it is not legally required that you draft a corporate bylaw, we always recommend writing up this agreement at some point during the formation process of your entity. This document will relay all provisions relating to the financial and logistical affairs of your business and will allow you to provide a comprehensive list of rules and regulations under which the directors, officers and shareholders of the corporation must to operate. For more information, you may click on the heading of this paragraph and review our free template found in both MS Word and PDF formatting. Be sure to have a lawyer present to review the completed document to ensure that it is airtight and drafted in the best interest of all parties involved.