Form your Texas limited liability company the right way. Clearly, accurately, and with confidence.​

Starting an LLC in Texas doesn’t have to be complicated. We explain the process in plain English, so you understand what’s required and why it matters. Whether you’re launching a new business or formalizing an existing one, you’ll find clear guidance designed to help you move forward correctly.

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Steps to Form a Texas LLC

Forming a Texas LLC is a straightforward process when you follow the steps in order. The goal is to create a legal business entity with the Texas Secretary of State, choose who will receive official notices, and set up the basics you’ll need to operate properly

Step 1: Choose an LLC name that meets Texas LLC name guidelines

Pick a name that is distinguishable from other businesses registered in Texas and includes an LLC designator such as “LLC” or “L.L.C.” Many people also check whether a matching domain name is available so their business name stays consistent online.

Step 2: Select a Texas registered agent

Texas requires every LLC to list a registered agent with a physical Texas address. This is the person or company authorized to receive official mail and legal notices for your LLC (such as service of process and state correspondence).

Step 3 File the Certificate of Formation with the Texas Secretary of State

To officially create your LLC, you file a Certificate of Formation (Form 205) with the Texas Secretary of State. This filing includes basic information such as your LLC name, registered agent details, and whether the LLC will be managed by members or managers.

Step 4: Create an LLC Operating Agreement (recommended)

Texas does not require an operating agreement to form an LLC, but it’s a smart document to have. It explains ownership, voting, how profits are handled, and what happens if a member leaves—helpful for avoiding misunderstandings later.

Step 5: Get an EIN from the IRS

An EIN (Employer Identification Number) is like a Social Security number for your LLC. Most LLCs need an EIN to open a business bank account, hire employees, or file certain tax forms, and many banks require it even for single-member LLCs.

Step 6: Register for Texas taxes if needed

Depending on what your LLC does, you may need to set up Texas tax accounts. Many Texas LLCs are subject to Texas franchise tax rules, and some businesses also need sales and use tax permits. The right registrations depend on your industry and whether you sell taxable goods or services.

Step 7: Keep your LLC in good standing

After formation, most LLC owners focus on staying organized: keeping your registered agent active, maintaining accurate company records, and meeting any required state filings or tax obligations. Staying in good standing helps protect the LLC’s liability shield and keeps your business compliant.

Texas LLC Filing Requirements

To form a Texas LLC, certain documents must be submitted to the Texas Secretary of State. Filing correctly is important, as incomplete or inaccurate information can delay approval or result in rejection.

Required documents:

The primary document required to form a Texas LLC is the Certificate of Formation (Form 205). This form includes the LLC’s legal name, registered agent information, management structure, and organizer details. No additional state formation documents are required at the time of filing.

Where to file:

Texas LLC formation documents are filed with the Texas Secretary of State. Filings can be submitted online through the SOSDirect system, by mail, or by in-person delivery.

State Filing Fees

The Texas Secretary of State charges a $300 filing fee to form an LLC. This fee applies whether the filing is submitted online or by mail.

Expedited processing option

Texas offers expedited processing for an additional $25 expedite fee. When approved, expedited filings are typically reviewed ahead of standard submissions, though exact timing can still vary based on state volume

Checking Texas LLC name availability

Before filing, the LLC name must be distinguishable from other business names on record with the state.

There are two common ways to check name availability:

  • SOSDirect name search: Conducted through the Texas Secretary of State’s online system. Each search is subject to a small per-search fee charged to the SOSDirect account.
  • Name availability request (Form 501): A written request submitted to the Secretary of State, which carries a separate state fee. This method is slower and typically used when a formal written response is needed.

Only the Secretary of State can officially determine whether a name is acceptable at the time of filing.

Texas LLC Processing Times

Processing time is one of the most common concerns when forming a Texas LLC. How quickly your documents are approved depends largely on how they are submitted and whether expedited review is used.

Paper filing by mail

When LLC formation documents are mailed to the Texas Secretary of State, processing is typically slower. Paper filings often take about 3 to 4 weeks, depending on state workload and mail handling time.

Standard online filing

Online filings submitted through the Texas Secretary of State’s system are generally processed faster than paper submissions. Many standard electronic filings are reviewed within several business days, though timing can vary during peak periods.

AAAFiling electronic filing

AAAFiling uses an electronic filing account to submit Texas LLC and corporation formation documents. With this method, approved documents are commonly returned in about 4–5 business days, depending on state processing volume.

Expedited Texas filings

Texas offers expedited processing for an additional state fee. When expedited service is selected, filings are often processed within 1–3 business days, though final timing is still determined by the Secretary of State.

Processing times are estimates, not guarantees. The Texas Secretary of State reviews each filing individually, and accuracy of the submitted information plays a major role in how quickly approval is issued.

Registered agent requirement

Every Texas LLC must list a registered agent with a physical Texas address. The registered agent is responsible for receiving legal notices and official state correspondence.

Texas does not allow registered agent addresses to be mailboxes or virtual offices. The Secretary of State reviews registered agent addresses and may reject filings that list PO boxes or commercial mailbox services. A real, physical street address located in Texas is required.

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