This Start a Business tutorial has been designed to serve as a general guide to limited liability company registration in Texas. Below we will go over the basic steps in filing with the Secretary of State while providing links to our more in-depth tutorials. Clicking on these tutorials will provide you with comprehensive filing instructions, complete with images, links and the downloadable PDFs of the requisite filing forms. We’ve covered each individual step from searching for a name to the payment of the filing fee. Filers should note that, in this state, the cost of registration is quite high at $300 for domestic companies and $750 for foreign.
How to File
Step 1- It is always wise to perform a name availability search prior to registration to ensure that the name you plan on using is distinguishable from that of any other entity on file with the Secretary of State. Performing this search will cost $1, payable through your online account. If you’d like to reserve your name, it can be done for the price of $40 and will last for no more than 120 days.
Step 2- If you’re confident in your choice of name, you will be able to proceed by accessing the filing forms. To file online, you will need to first create an online account and log into said account to begin the process. Paper filers will be required to download their PDF to be filled on their computer. A full guide to both processes can be found in the tutorials of each entity type linked below.
Step 3- With the filing form completed either online or by PDF, you will be able to pay the filing fee. If you have chosen to use the Secretary of State website to file, you will have given your payment information during the log in process. All that will be required of you in order to submit your form and fee is to click the Submit Filing link found at the top of the final page. Paper filers will be able to pay the fee by check, money order or card (with the use of this voucher). Once all items have been consolidated, mail the filing package to the below address, deliver it by hand to the second or submit it by fax to (512) 463-5709.
Secretary of State
P.O. Box 13697
Austin, TX 78711
James Earl Rudder Office Building
Austin, Texas 78701
EIN – With your registration process completed and your entity on file with the Secretary of State, it will most likely be necessary for you to obtain an Employer Identification Number if you have just created a new LLC. This number is needed when performing financial transactions such as opening bank accounts, requesting financing and hiring/paying employees. You will be applying for an EIN with the Internal Revenue Service, the process for which can be executed both Online and through the mail with the Form SS-4. Click on the link at the beginning of this paragraph to access our free guide to application.
Operating Agreement– An operating agreement is a document that should be drafted by the initial organizers of an LLC to establish the various rules and regulations of the entity. The binding nature of the document allows it to serve as proof in the case of a legal dispute within the company. Though this is not a legally required document, many consider it to be maybe the most crucial component of a entity’s internal management. Click on the link at the beginning of this paragraph to access our free template, available in MS Word and PDF formatting, which has been designed to assist you in drafting an agreement of your own.