This page has been dedicated to educating prospective LLC operators on the necessary steps involved in business registration with the Texas Secretary of State. Both online and paper filing processes have been detailed below, enabling you to gain a full understanding of what lies before you as an LLC organizer. Should you decide to register online, a decision we would endorse, you will be required to first create an online account with the Secretary of State website (account creation tutorial found here). The cost of filing an LLC is $300, regardless of whether the company you are creating is to be professional or standard.

Before filing, it is wise to perform a preliminary check of the Secretary of State name database to ensure that the name you plan on filing with hasn’t already been registered. This task can be accomplished with the Business Entity Search function. You may also wish to file for the reservation of your LLC name. This reservation will cost $40 and last for a total of 120 days.

How to File (Online)

Step 1- To log into your account and access the online filing portal, you will be required to navigate to this webpage, submit your login credentials and click Submit. If you are without an account, review this tutorial to find out how to go about creating one.

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Step 2- You will be required to provide the method of payment for the filing fees here and then supply 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- This page will notify you that you are now logged in and will provide you with your session code. Click on the Business Organizations link to advance to your homepage.

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Step 5- Using the drop down menu on this main page, select the Domestic Limited Liability Company option and click File Document.

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Step 6- Select Certificate of Formation and click Continue.

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Step 7- You will be required to choose your organization type, standard or professional LLC, and provide the name of the LLC. You may perform a Name Availability Search if you haven’t done so already.

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Step 8- Provide the registered agent name, be it a business or an individual, and provide the registered office address.

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Step 9- Choose whether the LLC will be managed by managers or members then supply each manager/member name and address before continuing.

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Step 10- You may provide supplemental information pertaining to your entity and attach a letter of consent or other document at this juncture. If neither are applicable, you may skip this step by clicking Continue.

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Step 11- Enter the name and address of the organizer.

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Step 12- On this page, provide the signature of the organizer by typing it into the empty field. If you would like to supply a delayed effective date, you may do so at this juncture.

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Step 13- This final page will allow you to enter all the information submitted in the previous articles. Click Submit Filing when you are certain that all data 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 Standard LLC (PDF)

Step 1- Filing your standard LLC through the mail will require that you download the Certificate of Formation.

Step 2- Once opened in your PDF reader, you will be able to provide the following information:

  • 1- Name of entity
  • 2A- Name of registered agent if it is an organization
  • 2B- Name of registered agent if it is an individual
  • 2C- Business address of registered agent and the registered office address
  • 3- Nature of the management and the names and addresses of each manager/member (continued on page 2)
  • 4- Supplemental provisions/information if applicable (page 2)

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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
  • Signature of organizer
  • Printed name of organizer

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Step 3- Once you have completed the form entirely and double checked it for accuracy, you will be required to print it off and supply your signature by hand. Make a copy of the signed document and attach to it a check covering the $300 filing fee. You may also choose to pay this filing fee by money order or by credit/debit card through the use of this document. There will be the option to deliver the documents to the office of the Secretary of State by mail (first address below), by fax (512 463-5709) or by hand (second address below).

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 LLC (PDF)

Step 1- To successfully file a domestic professional LLC, you will first need to download the professional Certificate of Formation.

Step 2- On this document, you will need to enter the following information:

  • 1- Name of entity
  • 2A- Name of registered agent if it is an organization
  • 2B- Name of registered agent if it is an individual
  • 2C- Business address of registered agent and the registered office address
  • 3- Nature of the management and the names and addresses of each manager/member (continued on page 2)
  • 4- LLC purpose and supplemental provisions/information (page 2)

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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
  • Signature of organizer
  • Printed name of organizer

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Step 3- Once completed, you will need to print the document off, sign it and make a duplicate copy. Next, attach to it the filing fee of $300 in the form of a check or money order made payable to the Secretary of State.  You will also have the option of using this document to pay by credit/debit card. You may deliver the documents to the office of the Secretary of State by mail (first address below), by fax (512 463-5709) or by hand (second address below).

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 – Once you’re completely registered with the Texas Secretary of State, it will most likely be necessary for you to apply for an Employer Identification Number. This number is used by the IRS to keep tabs on all legitimate, tax withholding business in the United States. Without an EIN, you will be unable to perform even the simplest of financial maneuvers. For information on how to apply both Online and through the mail (PDF linked here), click on the heading of this paragraph and review our comprehensive tutorial.

Operating Agreement– An operating agreement is a binding document used to manage the internal affairs of your company. When drafted correctly, it will relay, in black and white, the rules and regulations under which the members/managers will be required to operate. It will also provide a blueprint of the financial and logistical structure of your entity. The agreement is not a legally required document in the state of Texas, and for this reason, it will not need to be drafted with the Secretary of State. Instead, organizers should keep this agreement on file in their principle place of business to be used as a point of reference when necessary. Click on the heading of this paragraph to review our free template found linked in both Adobe PDF and Microsoft Word formats.