The Texas Articles of Organization are the LLC forms that must be completed and filed with the state in order to incorporate an LLC.
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It is simple to file the Texas Articles of Organization!
We’ll walk you through the process of submitting the Texas LLC Articles of Organization in three simple stages.
Obtain Your Formation Certificate
Fill out the Formation Certificate
Fill up and submit the Certificate of Formation.
Step 1: Obtain Your Formation Certificate
You may either download and mail a physical copy of your Texas Certificate of Formation or set up an account and file online. Choose your chosen approach for this initial step from the list below.
Step 2: Completing the Formation Certificate
We will assist you in completing the Texas Certificate of Formation in this phase. There are four major “Articles.”
To finish each Article, you will need to know the following information:
Name and kind of entity
Name of the Registered Agent and the Address of the Registered Office
Type of Governing Authority
Business Objective
Article 1: Name and Type of Entity
A unique and clever company name is crucial, but it is not as necessary as a legally valid name.
When selecting a name for your company, you must ensure that the name:
Meets Texas naming standards.
Is not already in use by another Texas firm.
Stick to the Texas Naming Guidelines:
The words “limited liability company” or “limited company” or one of its acronyms must be in your name (LLC, L.L.C., LC, or L.C.).
Your name cannot indicate that the LLC was formed for illegal purposes.
Your name cannot include the terms “lottery” or “lotto.”
The name of your LLC cannot indicate that it was formed by or for the benefit of war veterans or their families. The phrases veteran, legion, foreign, Spanish, handicapped, conflict, and global war are absolutely forbidden.
Your LLC’s name cannot include terms that may be confused with a government organisation (FBI, Treasury, State Department, etc.).
Your name must be distinct from any other current company in the state. This covers reserved names in Texas. We will assist you with this step in the section below on how to find a company name.
Examine Name Availability:
Is your surname legal in Texas? Check the Texas Comptroller of Public Accounts website to see if the name you desire isn’t already taken.
Obtain a Domain Name:
We suggest that you check to see whether your company’s name is accessible as a web domain. Even if you don’t intend to create a company website right away, you may wish to purchase the URL to prevent others from doing so.
Article 2: Registered Office and Registered Agent
A registered agent receives and transmits legal paperwork on behalf of your LLC. When you form your Texas LLC, you must provide your registered agent and registered office address.
Your registered agent may be anybody over the age of 18 who resides in Texas. During regular business hours, your registered agent must always be accessible at the registered office.
Article 3: Powers of Government
When you file the Certificate of Formation, you must specify whether your LLC will be member-managed or manager-managed. Before filing, read our article on Management by Members or Managers to identify the optimal structure for your LLC.
Article 4: Goal
In Texas, a limited liability corporation may be formed for any lawful or non-prohibited business. Article 4 might include the phrase “General Purpose.”
Remember that a business goal including licencing, tax-exemption, or tax-deductible status needs specific wording from the IRS or a professional licence.
Step 3: Submit your Texas Certificate of Formation.
You must submit the Certificate of Formation with the Texas Secretary of State to register your LLC in Texas.
There are two options for submitting your Certificate of Formation:
Fill out the forms online.
Send a physical copy via the mail or in person.
Following the Official Formation of Your LLC
After you’ve submitted your Certificate of Formation, you should do the following:
Make a Business Agreement
Obtain an EIN
Establish a Business Bank Account
Purchase Licenses and Permits
Make a Business Agreement
An operating agreement, also known as a business agreement in Texas, is a legal document that describes your Texas LLC’s ownership structure and member functions.
Although an operating agreement is not necessary in Texas to incorporate an LLC, it is a good idea to have one. You may begin drafting your operating agreement before, during, or after filing your Certificate of Formation.
Your operating agreement will be held in the private business records of your LLC; you will not submit it with the state.
Obtain an EIN
An Employer Identification Number (EIN) is your LLC’s equivalent of a social security number. If you want to recruit staff or create company bank accounts, you’ll need an EIN.
You may get your EIN for free by using the IRS website, fax, or mail. Read our What is an EIN article to discover more about EINs and how they might benefit your LLC.
Establish a Business Bank Account
It is critical to use specific business banking and credit accounts to safeguard your company’s corporate veil. When you combine your personal and company accounts, your personal assets (house, vehicle, and other possessions) are at danger if your LLC is sued.
Purchase Licenses and Permits
When forming an LLC, you should consider if your company requires any licences or permissions to operate legally. On the federal level, a few corporate operations need licences and/or permissions.
Learn how to secure the licences and permissions required for your company, or hire an expert to handle it for you:
Federal: For federal business licences and permits, see the U.S. Small Business Administration (SBA).
State: Apply for or learn more about licences, permits, and registration with the Work Section of the State of Texas.
Local: Inquire with your county clerk regarding local licences and permissions.