How to File a Certificate of Formation in Texas

In Texas, as in most states, the primary step in creating a limited liability company (LLC) is to file a certificate of formation with the state. This is an absolutely crucial document that helps define your business, so it’s important to do it correctly.

An LLC is a business entity that offers liability protection for owners, as well as pass-through taxation, much like a sole proprietorship. 

What is a Certificate of Formation?

The certificate of formation is a legal document you need to file with the state to form your LLC and officially become a legal entity. It will specify details about your company and establish your LLC as a registered business entity in Texas. 

The document is similar to the articles of incorporation you would file to form a corporation instead of an LLC. 

How to File the Texas Certificate of Formation

In Texas, the process to file the certificate of formation is quite simple. The crucial first step is gathering the required information about your new LLC, before proceeding with the filing itself. 

Here are the steps you’ll need to take to create your new business entity: 

1. Gather the required information about your business. 

• Business name
• Registered agent information
• Management structure
• Names and addresses of members or managers
• Organizer (name of the person or entity doing the filing)

2. Visit the state’s secretary of state’s website 

Find the Texas certificate of formation form here. You’ll need to register for an account on the site before you can access the form. It’s easiest to fill out the form online and file immediately, but you can also download it, fill it out and mail it in. 

3. Filling out Articles of Organization Document

First, register for an account on the website. You’ll have to fill out your credit card information to continue, but you will not be charged until you file your certificate of formation.

Then you will select register a new business, and follow the prompts that take you through the form specifying the following information:

• Business name
• Registered agent information
• Management structure
• Names and addresses of members or managers
• Organizer 

When filling out your articles of organization form, be sure to check and double-check that all the information is accurate and up-to-date. Maybe you’ve just moved, or use your middle initial in official documents, such as with your bank account. If you get it wrong now, changing it later can be a real pain. So accuracy is crucial. 

• File Articles of Organization 

Once you have verified the information you filled out, you’ll be prompted to pay the filing fee, which in Texas is $300.

Texas Secretary of State Contact Info

Here’s the Secretary of State website. Contact the secretary of state’s office at (512) 463-5555.

Their mailing address is:

Business & Commercial Section
Secretary of State
P.O. Box 13697
Austin, TX 78711-3697

The Bottom Line

In Texas, it’s relatively easy to create an LLC, but you do need to jump through a few hoops. You now have all the information you need to officially create your new business and begin your entrepreneurial journey in the Lone Star State.