Texas LLC Certificate of Formation
A Texas LLC certificate of formation is a legal document that formalizes the creation of a limited liability company in the state. You can file the document by mail, online, or phone at (800) 603-3900. In this article, let’s go over everything you need to know about the LLC certificate of formation in Texas.
Why a Texas LLC Certificate of Formation is needed
You will need to file Form 205 and obtain an LLC certificate of formation in Texas to operate an official limited liability company in Texas. Only legally organized LLCs can benefit from the liability protection, pass-through taxation, tax credits, programs, funding, branding potential, and flexibility a formal Texas LLC provides. After we file your document, the state typically takes 3-5 business days from the day of receipt to approve your creation.
Examples of businesses that can’t get a Texas LLC Certificate of Formation
An LLC certificate of formation in Texas may get created for any lawful purpose. But there are some prohibited purposes, businesses, and practices that an entity in the state cannot engage in, such as:
- Operating as a bank
- Trust company
- Savings association
- Insurance company
- Cemetery organization
- Title company
- Labor unions
- Animal agriculture
- Oil pipeline business
- Petroleum oil production
- Businesses that require a business license
Also, keep in mind that the LLC certificate of formation (Form 205) cannot be used to practice a licensed activity in Texas. You need to form a professional LLC to operate in this capacity.
Cost for getting a copy of the Certificate of Formation in Texas
The cost for obtaining a copy of an LLC certificate of formation (form 205) in Texas is $30. If you formed an LLC with us, give us a call at (800) 603-3900 to obtain a copy of your certificate of formation. You can also submit your details at our assistance form above and someone will contact you within 4 business hours.
Filing a Texas LLC Certificate of Formation Online
To file a Texas LLC certificate of formation, whether by phone, mail, or online—you will need to be a U.S. citizen or resident and present the following articles of personal and business information:
- Entity Name and Type. In this article, you will provide your company name and organizational designation. Note that the LLC certificate of formation in Texas cannot get filed if the chosen name is taken or is too similar to an established LLC name.
- Registered Agent. A registered agent is a point of contact and correspondence for your Texas LLC. It could be a domestic or foreign entity or a resident of Texas. The LLC cannot act as its registered agent.
- Governing Authority. You need to inform the state if the LLC has appointed managers and provide the name and address of each one. If there are no managers and only members, provide their names and addresses.
- Purpose. Tell the state what the purpose of your business is. It may be any lawful purpose.
Along with the required information above, you will also need to specify the following provisions or business information:
- Duration (perpetual unless otherwise stated)
- Organizer (may be an individual or legal entity)
- Effectiveness of filing (when filed by the state, or any date within 90 days of signature)
- Execution (you must sign the document but you don’t need it notarized)
- Payment and delivery instructions (mail, phone, online; personal checks, money orders, debit and credit cards)
How to get a Certificate of Formation restated for your Texas LLC
To get your LLC certificate of formation restated in Texas, you must file Form 415. If you want your Texas LLC certificate of formation reinstatement to include new amendments, you must file form 414.
Getting an amendment to a Certificate of Formation in Texas
To get an amendment to the certificate of formation in Texas, you must file Form 424 (Certificate of Amendment). If you need to reinstate your Texas LLC while also including amendments, you must file Form 414. The amendments must get approved by the votes and signatures of all the company’s members and managers.
Agreements, Provisions, and Indemnification with a Certificate of Formation
If you’re forming an LLC, consider hiring an attorney to prepare and file your company documents to include provisions, agreements, and indemnification to your Texas LLC certificate of formation. Non-lawyer company formation services cannot lawfully give you legal advice and counsel you on protecting your business from any unfavorable outcomes and implications. The cost of starting a Texas LLC with our attorneys is relatively inexpensive (supported by a 110% lowest price guarantee) and rewards you with so much more, including peace of mind:
Form a LLC with Spiegel & Utrera, P.A.
- $529.95
- Includes State Filing Fee
- Speak to an Attorney! Business AND Legal Advice
- Certificate of Organization
- Company Minutes
- LLC Regulations
- LLC Ownership Register
- Banking Resolution
- Membership Certificate
- Preliminary Name Search
- 110% Lowest Price Guarantee
Form a Texas LLC by Phone: call our law firm at (800) 603-3900