Guildman Advisory Notes

How to Start an LLC in Texas

Published October 08, 2025 by Sofia Baker under How to

To start an LLC in Texas, you’ll need to choose a unique name and verify its availability. Next, designate a registered agent who can receive legal documents. Then, file your Certificate of Formation with the Texas Secretary of State, paying any required fees. Finally, create an operating agreement to outline management and operational procedures. By following these steps, you’ll guarantee compliance and clarity for your new business; there’s more to explore beyond just these basics.

For more detailed information about this topic, you can read our comprehensive guide on How to Start an LLC in Texas.

Choose a Name for Your LLC

Next, verify your desired name's availability. You won't want to invest time and resources into a name that's already taken. Utilize the Texas Secretary of State's online database to check for existing businesses and trademarks that might conflict with your chosen name.

It's also wise to contemplate a name that reflects your innovative spirit. A unique and memorable name can distinguish your LLC in a competitive market. Once you’ve confirmed availability and adherence to naming conventions, you’ll be ready to move forward with your business formation.

Designate a Registered Agent

Once you’ve settled on a name for your LLC, the next step is to designate a registered agent. This person or entity will act as your business's official point of contact for legal documents and government correspondence. Understanding registered agent responsibilities is important; they must receive and forward significant documents promptly, guaranteeing your LLC stays compliant.

When choosing agents, you have options: you can appoint an individual, such as yourself, or hire a professional registered agent service. If you choose a service, look for one with a solid reputation and reliable customer support. It’s essential to confirm your registered agent has a physical address in Texas, as P.O. boxes aren’t acceptable. Selecting the right agent is fundamental for maintaining your LLC's good standing and safeguarding your business from potential legal complications. Remember, this decision can impact your LLC's efficiency and responsiveness in legal matters.

File the Certificate of Formation

To officially establish your LLC in Texas, you'll need to file the Certificate of Formation with the Secretary of State. This step is vital in the filing process, as it meets legal requirements for your business. Here’s what you need to do:

  1. Complete the Form: Provide essential details like your LLC's name, registered agent, and address.

  2. Review Legal Requirements: Confirm you comply with Texas laws, including naming conventions and management structure.

  3. Submit the Filing: You can file online or via mail. The online method is quicker and more efficient.

  4. Pay the Fee: There’s a filing fee that varies based on your business structure, so be prepared to handle that.

Once the Certificate of Formation is approved, you can move forward with your innovative business plans, knowing your LLC is officially recognized.

Create an Operating Agreement

Creating an operating agreement is an essential step for your LLC in Texas, as it outlines the management structure and operating procedures of your business. This document serves as the foundation for your LLC, detailing operating agreement essentials that guarantee everyone’s on the same page.

Include key components such as member responsibilities, profit distribution, and decision-making processes. Clearly defining these areas helps prevent misunderstandings and potential conflicts down the line.

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You’ll also want to specify the roles of each member, whether they’re managing or non-managing, and outline how new members can be added.

While Texas doesn’t require an operating agreement, having one is important for maintaining operational clarity and protecting your business interests. It also lends credibility should any legal issues arise. Invest the time to craft a thorough agreement, and you'll set your LLC up for success.

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