Secretary of state LLC registration texas [Expert-Advice]



Last updated : Aug 26, 2022
Written by : Andrew Reckling
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Secretary of state LLC registration texas

How do I register my LLC name in Texas?

Limited Liability Company: A Texas limited liability company is created by filing a certificate of formation with the Texas Secretary of State. The Secretary of State provides a form that meets minimum state law requirements. Online filing of a certificate of formation is provided through SOSDirect.

How much does it cost to form an LLC in Texas?

A new LLC that is being formed in Texas needs to file a Certificate of Formation—Limited Liability Company (Form 205) with the Texas Secretary of State, and pay a $300 filing fee. If you need a certified copy of the Certificate of Formation, there is a $30 fee. If you need a Certificate of Status, there is a $5 fee.

What documents are required for an LLC in Texas?

You can create a Texas LLC by filing a Certificate of Formation for a Limited Liability Company (Form 205) with the Secretary of State. The certificate must include: the LLC's name, including the suffix. the name and address of the LLC's registered agent.

How long does it take to get an LLC in Texas?

The office normally processes non-expedited documents within 5-7 business days. Expedited service is available for an additional $25 per document and expedited documents are generally processed by close of business the first business day following the date of receipt.

Do I need a registered agent for my LLC in Texas?

The Texas Business Organizations Code (“BOC”) requires every domestic or foreign filing entity to maintain a registered agent and office in Texas. The BOC also permits the filing of an appointment of agent for service of process by an unincorporated nonprofit association.

Do you have to renew LLC Every year in Texas?

Unlike most states, Texas does not require LLCs to file annual reports with the Secretary of State. However, LLCs must file annual franchise tax reports (see below).

At what point do I need an LLC?

If you have business partners or employees, an LLC protects you from personal liability for your co-owners' or employees' actions. An LLC gives you a structure for operating your business, including making decisions, dividing profits and losses, and dealing with new or departing owners. An LLC offers taxation options.

What are the benefits of a LLC in Texas?

  • Limited Liability Protection.
  • Pass-through taxation.
  • Tax options.
  • Simplicity.
  • Ownership flexibility.
  • Increased credibility.
  • Name registration.

What is better a DBA or LLC?

Generally, a DBA is less costly to maintain, but an LLC offers better benefits and protection. Expanding and selling a business, as well as generating funding, is also easier with an LLC. Also, a business owner does not receive personal liability protection from a DBA.

Does an LLC have to file a tax return in Texas?

Unlike many other states, Texas doesn't require LLCs to file annual reports. Texas imposes a franchise tax on most LLCs, which is payable to the Texas Comptroller of Public Accounts. Franchise tax is based on the LLC's “net surplus,” which is the net assets minus member contributions.

Do I need a DBA for my LLC?

No, you do not need a DBA for an LLC. This is because when you register an LLC, you'll also register your company name eliminating the need for a DBA. However, in some instances, you may use a DBA for your LLC to expand your business and operate part of it under a name other than your original business name.

What should I name my LLC?

  • Make It Legal. The most important thing when you're choosing an LLC name is to make sure it's legal.
  • Make It Memorable. You want your LLC name to be something people can remember.
  • Make It Meaningful.
  • Make It Original.
  • Make It Distinctive.
  • Make It Domain Name Ready.
  • Make It Social Media Friendly.

How do you know when your LLC is approved in Texas?

Texas LLC approval times Approval is sent via email. For mail filing: Texas LLC approval time is 7-10 business days if you file by mail. This does not include mail time, which takes an additional week.

How much does it cost to get a tax ID number in Texas?

To obtain an EIN for your Texas business, you must file a Form SS-4. There is no fee for applying for an EIN.

How do I know if my LLC is active in Texas?

  1. Online: Do a Texas Taxable Entity Search with the Secretary of State.
  2. Email: Email corpinfo@sos.state.tx.us and request a preliminary name availability screening.
  3. Phone: Call the Secretary of State at (512) 463-5555.

Can I use my registered agent address as my business address?

Can I use a registered agent address as my business address? Generally speaking, no. A registered agent is only required to receive official government documents that pertain to your business. It is not meant to receive regular mail or serve as your business address.

Who can be your registered agent in Texas?

Yes, any owner or employee of a business can be its registered agent in Texas as long as they are over the age of 18, and have a street address in Texas. You could also choose to elect a member of your LLC, or even a friend you trust, as long as the person meets these requirements too.

How much does a registered agent make in Texas?

How much does a Registered Representative make in Texas? The average Registered Representative salary in Texas is $47,903 as of September 26, 2022, but the range typically falls between $42,514 and $54,115.

Does a single member LLC pay franchise tax in Texas?

Each taxable entity formed in Texas or doing business in Texas must file and pay franchise tax.

Do LLCs pay taxes?

An LLC does not pay income taxes; rather, income is passed to the LLC's members, and they report and pay tax. Even though an LLC does not pay tax itself, it still must report its income to the IRS using an "information" return.


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Secretary of state LLC registration texas


Comment by Eloise Balassi

hey what's up everybody welcome to NCO knowledge today we're going to show you how to file for a limited liability company in the state of Texas so let's get to it right this is the portal you're gonna want to go to to create an SOS Direct account we'll be putting the link in the comments section so if you want to know or you can't see that URL don't worry about it look at the comment section and you should be able to see that site there are you gonna request for an SOS Direct account it will ask for your email and then they will send you a email confirmation as well as a temporary password once you complete that you will then enter that information here and you will be prompted to change your temporary password to a permanent password and then it will ask you for some personal information it's going to ask for your name your address and a credit card to keep on file you won't be charged anything but it's part of the identification verification process and just know that if you do decide to go through with it you will be charged so whatever card you use make sure it is the card that you want to be charged for your business I can't show you this Porsche portion since I've already done it and it's a one-time process concept alright this is what the portal should look like once you get in here alright one of the first things you're gonna want to do is go to this name availability search okay it's charge they charge a dollar plus tax for every name search that you do but it's important that you do this because you don't want to file for your company and the name already exists all you're doing is prolonging the process so click here and search for your name if you find that your name is available you will come down here in this drop down portion and you will look for domestic liability company all right you will hit file document all right essentially what you're doing is you're filling out the form 205 in the state of Texas which is the certificate of formation limited liability and company you could Google this form so you should be able to look for it online and kind of see what they're gonna have for it's all pretty self-explanatory on there you will have to pay this three hundred dollar fee plus tax so once you complete this form online and hit submit usually within 48 hours to 72 they will send you your notification let you know that you are officially the owner of a limb liability company all right that's it that's how to file a limited liability company in the state of Texas make sure you look us up and see your websites you can email me at NCO websites at outlook comm if you need a website for your new business


Thanks for your comment Eloise Balassi, have a nice day.
- Andrew Reckling, Staff Member


Comment by Rozanne

hello everyone my name is samantha and i am with empower multimedia we post content regarding business academia and entrepreneurship remember if you ever need help with starting or growing your business click the link in the description for a free 15-minute consultation today we will be covering how to file an llc in texas just as a reminder this video is strictly informational not advice now let's get into it let's take a look at the six steps you need to do to file for your llc in texas this information is coming from nolo.com so the first step is to choose a name for your llc under texas law an llc must contain the words limited liability company or limited company and you can use abbreviations for this your llc's name must be distinguishable from the names of other business entities already on file with the texas secretary of state names may be checked for availability at the texas secretary of state sos direct website now you also have the option to reserve a name for 120 days by filing an application for reservation or renewal of reservation of an entity name which is form 501 with the texas secretary of state the reservation may be filed online through the texas secretary of state sos direct website or filed by mail the filing fee for this is forty dollars as a side note with names you don't have to use your llc's official legal name registered in your certificate of formation when you do business out in the real world instead you can use an assumed name also known as a dba which is short for doing business as or trade name or fictitious business name to do so you must register an assumed name certificate which is form 503 with the secretary of state of texas and with the county clerk in the county where your llc's office is located you can register online through the sos direct or by mail the filing fee for this is 25 so the second step is to appoint a registered agent every texas llc must have an agent for service of process in the state this is an individual or business entity that agrees to accept legal papers on the llc's behalf if it is sued the registered agent may be a texas resident or a business entity authorized to do business in texas the registered agent must have a physical street address in texas and the llc may not be its own registered agent your third step is going to be to file a certificate of formation a texas llc is created by filing a certificate of formation for a limited liability company which is form205 with the secretary of state the certificate may be filed online through the texas secretary of state sos direct website or by mail the filing fee is going to be 300. now here is what the certificate must include the llc's name including the chosen llc designation the name and address of the llc's registered agent whether the llc will be member managed or manager managed if member managed the name and address of each initial member if a manager managed the name and address of each initial manager the general purpose clause as provided the name and address of the llc's organizer the effective date of certificate and the signature of the organizer so your next step you're going to want to consider preparing an operating agreement so this is not required in texas but it is highly advisable this is an internal document that establishes how your llc will be run it is not filed with the state it sets out the rights and responsibilities of the members and managers including how the llc will be managed it can help preserve your limited liability by showing that your llc is truly a separate business entity in the absence of an operating agreement state llc law will govern how your llc operates the operating agreement should include the following the member's percentage interests in the llc the member's rights and responsibilities the members voting powers how profits and losses will be allocated rules for holding meetings and taking votes and finally bio or buy cell provisions which determine what happens when a member either wants to sell his or her interest dies or become disabled your next step is going to be obtaining an ein now if your llc has more than one member it must obtain its own irs employer identification number or ein for short and this is even if it has no employees if you form a one member llc you must obtain an ein for it only if it will have employees or you elect to have it taxed as a corporation instead of a sole proprietorship you may obtain ein by completing an online ein application on the irs website and for this there is no filing fee finally you're going to want to consider annual reports now unlike most states texas does not require llcs to file annual reports with the secretary of state however llcs must file the annual franchise tax reports so now that it's all said and done how much does it cost to form an llc in texas so this texas secretary of state charges a 300 filing fee plus an additional state mandated 2.7 convenience fee to file an llc certificate of formation it will also cost forty dollars to file a name reservation application if you wish to reserve your llc name prior to the filing certificate of formation just as a note for veterans if you are forming a 100 veteran-owned business the secretary of state will waive this filing fee for qualifying veterans for example honorable discharges and these are if they file directly by mail in person or by fax and for more information visit the secretary of state's business information for veterans page so what about foreign llcs in texas to do business in texas all llcs organized outside of the state must register with the texas secretary of state foreign llcs must appoint a registered agent for service of process the agent may be a texas resident or a business entity authorized to do business in texas to register file an application for registration of foreign limited liability company form 304 the application may be filled online or in postal mail the filing fee for this is 750 before filing the application make sure the llc's name is available in texas by checking the texas business name database if the name is not available the foreign llc must adopt an assumed name for use in texas the llc must file an online or by mail and assume name certificate which is form 503 with the secretary of state and pay a 25 filing fee now for thinking about taxes in some cases for example you will be selling goods and collecting sales tax you will need to register with the texas comptroller of public accounts texas also imposes an annual franchise tax on most llcs depending on the tax involved you may be able to register online by mail or in person at the comptroller field office that sums up the video thank you for watching and please remember to like comment and subscribe remember if you ever need help with starting and growing your business click the link in the description for a free 15-minute consultation


Thanks Rozanne your participation is very much appreciated
- Andrew Reckling


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